Search Search
Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *

CIVIL AVIATION: SUBSIDIARY LEGISLATION (V)

INDEX TO SUBSIDIARY LEGISLATION

Civil Aviation (Accident and Incident Investigation) Regulations

Civil Aviation (Aerodromes Design and Operations) Regulations

Civil Aviation (Aeronautical Charts) Regulations

Civil Aviation (Aeronautical Radio Frequency Spectrum Utilisation) Regulations

Civil Aviation (Aircraft Nationality and Registration Marks) Regulations

Civil Aviation (Air Operator Certification and Administration) Regulations

Civil Aviation (Air Traffic Services) Regulations

Civil Aviation (Carbon Offsetting and Reduction Scheme for International Aviation) Regulations

Civil Aviation (Certification and Licensing of Aerodromes) Regulations

Civil Aviation (Communication Procedures) Regulations

Civil Aviation (Communication Systems) Regulations

Civil Aviation (Personnel Licensing) (General) Regulations

Civil Aviation (Radio Navigation Aids) Regulations

Civil Aviation (Rules of Air) Regulations

Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations

Civil Aviation (Units of Measurement to be used in Air and Ground Operations) Regulations

CIVIL AVIATION (AERONAUTICAL RADIO FREQUENCY SPECTRUM UTILISATION) REGULATIONS

(section 89)

(29th April, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Compliance with the Regulations

    5.    Certification of air navigation service provider

    6.    Approval by Authority

    7.    Notification requirement

    8.    Inspection and audit

    9.    Siting and installation

    10.    Commission requirement

    11.    Availability and reliability of communications, navigation and surveillance (CNS) facility

    12.    Monitoring, review and reporting of technical facility

    13.    Interface arrangement for support service

    14.    Keeping records

    15.    Keeping and retention of documents

    16.    Amendment and authorisation of documents

    17.    Operations manual

    18.    Operations and maintenance plan

    19.    Periodic inspection and testing of CNS facility

    20.    Security of CNS facility

    21.    Flight inspection

    22.    Facility check after accident or incident

    23.    Radio frequency management

    24.    Radio interference reporting

    25.    CNS personnel training and other requirements

    26.    Facility malfunction incident reporting

    27.    Operational status of CNS system

    28.    Safety case and service interruption

    29.    Notification of aeronautical facility status

PART III
Distress Frequencies

    30.    Frequencies for emergency locator transmitters (ELTs) for search and rescue

    31.    Search and rescue frequencies

PART IV
Utilisation of Frequencies Below 30 MHz

    32.    Method of operations

    33.    Assignment of single sideband channel

    34.    Assignment of frequency for aeronautical operational control communication

    35.    Non-directional radio beacon frequency management

PART V
Utilisation of Frequencies Above 30 MHz

    36.    General allotment of frequency band 117.975 – 137.000 MHz

    37.    Frequency separation and limit of assignable frequency

    38.    Frequencies used for particular function

    39.    Common signalling channel VDL mode 4

    40.    Auxiliary frequency for search and rescue operation

    41.    Deployment of VHF frequency and the avoidance of harmful interference

    42.    Method of operations

    43.    Plan of assignable VHF radio frequency for use in the international aeronautical mobile service

    44.    Utilisation in the band 108 – 117.975 MHz

    45.    Regional assignment planning

    46.    Airborne equipment protection while deploying VOR system

    47.    Frequency deployment

    48.    Utilisation in the band 960 – 1 215 MHz for distance measuring equipment

    49.    Distance measuring equipment channels Groups 1 to 5

    50.    Distance measuring equipment channels Groups 6 to 10

PART VI
Exemptions

    51.    Application for exemption

    52.    Review and publication of exemption

PART VII
General Provisions

    53.    Drug and alcohol testing

    54.    Change of name

    55.    Change of address

    56.    Replacement of documents

    57.    Use and retention of documents and records

    58.    Report of violation

PART VIII
Offences and Penalties

    59.    Offences and penalties

    60.    Appeal

PART IX
Savings Provision

    61.    Savings provision

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

 

S.I. 44, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Aeronautical Radio Frequency Spectrum Utilisation) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise provides—

    "air navigation service" means one or more of the following services provided for air navigation—

    (a)    traffic services;

    (b)    Instrument Flight Procedure Design (IFPD) services;

    (c)    Aeronautical Information Services (AIS);

    (d)    aeronautical cartographic services;

    (e)    aeronautical telecommunication services; and

     (f)    search and rescue services;

    "air navigation service facility" means any facility used, available for use, or designed for use in aid of navigation of an aircraft, and includes—

    (a)    airports, landing fields, any structures, mechanisms, lights, beacons, marks, communication systems; or

    (b)    instruments or devices used as an aid to the safe taking off, navigation and landing of an aircraft; and

    (c)    any combination of such facilities;

    "air navigation service provider (ANSP)" means an entity established for the purposes of providing one or more of the air navigation services as defined in these Regulations;

    "air traffic management (ATM)" means the dynamic integrated management of air traffic and airspace including—

    (a)    air traffic services;

    (b)    airspace management; and

    (c)    air traffic flow management,

safely, economically and efficiently, through the provision of facilities and seamless services, in collaboration with all parties, and involving airborne and ground-based functions;

    "air traffic management system" means a system that provides air traffic management through the collaborative integration of humans, information, technology, facilities and services, supported by air, ground or space based communications, navigation and surveillance;

    "air traffic safety electronics personnel (ATSEP)" means a person directly engaged with operations, maintenance and installation activities of communications, navigation and surveillance (CNS) or air traffic management systems;

    "double channel simplex" means a simplex using two frequency channels, one in each direction;

    "Instrument Landing System (ILS)" means the equipment that provides precision guidance to an aircraft during the final stages of the approach, the signals can either be interpreted by the pilot from instruments or be input directly into the autopilot and flight management system, and comprise of the following basic components—

    (a)    Very High Frequency (VHF) localiser equipment, associated monitor system, remote control and indicator equipment;

    (b)    UHF glide path equipment, associated monitor system, remote control and indicator equipment; and

    (c)    an appropriate means to enable glide path verification checks;

    "MANSOPS" means manual of air navigation services operations;

    "offset frequency simplex" means a variation of a single channel simplex where telecommunication between two stations is achieved by using in each direction, frequencies that are intentionally slightly different but contained within a portion of the spectrum allotted for the operation;

    "operational control communication" means communication required for 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 a flight;

    "simplex" means a method in which telecommunication between two stations takes place in one direction at a time and when applied to the aeronautical mobile service, this method may be subdivided as follows—

    (a)    single channel simplex;

    (b)    double channel simplex; and

    (c)    offset frequency simplex;

    "single channel simplex" means a simplex using the same frequency in each direction;

    "VHF Digital Link (VDL)" means a constituent mobile sub-network of the Aeronautical Telecommunication Network (ATN) operating in the aeronautical mobile VHF band; and

    "VHF Omni-directional Radio Range (VOR)" means a short-range radio navigation aid that produces an infinite number of bearings that may be visualised as lines radiating from the beacon – the number of bearings, referred to as radicals (a radical is identified by its magnetic bearing from the VOR) can be limited to 360, one degree apart.

3.    Application

    These Regulations shall apply to any person providing a communications, navigation and surveillance facility service at an aerodrome and within a designated air space for civil aviation purposes.

PART II
General Requirements (regs 4-29)

4.    Compliance with the Regulations

    An air navigation service provider shall ensure that the minimum requirements for planning, installation, commissioning, training, operation and maintenance of a facility comply with these Regulations.

5.    Certification of air navigation service provider

    A person shall not provide an air navigation service or operate a facility to support an air traffic service unless he or she holds an air navigation service provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations (Cap. 71:01 (Sub. Leg.)).

6.    Approval by Authority

    (1) A person shall not provide an air navigation service or operate a communications, navigation and surveillance facility or system in a designated aerodrome and airspace unless the facility or system is approved by the Authority.

    (2) An air navigation service provider shall seek approval from the Authority for the installation, use, decommissioning, upgrading or relocation of a communications, navigation and surveillance facility in a designated aerodrome and airspace.

    (3) For the purposes of subregulation (2), approval from the Authority shall be sought in accordance with the Civil Aviation (Certification of Air Navigation Service Providers) Regulations.

7.    Notification requirement

    An air navigation service provider shall notify the Authority of the air service provider’s intention to procure, install, use, upgrade, decommission, or relocate a communications, navigation and surveillance facility in a designated aerodrome and airspace, 30 days prior to the commencement of the process.

8.    Inspection and audit

    (1) The Authority shall carry out a safety inspection on a communications, navigation and surveillance facility and audit an air navigation service provider’s documents and records in order to determine the air navigation service provider’s compliance with these Regulations.

    (2) For the purposes of determining compliance with these Regulations, an inspector of the Authority shall have unrestricted access to the facilities, installations, records and documents of an air navigation service provider.

9.    Siting and installation

    (1) An air navigation service provider shall choose a site for the installation of a new communications, navigation and surveillance facility based on operational requirements, construction aspects and maintainability.

    (2) An air navigation service provider shall establish procedures to ensure that a communications, navigation and surveillance system—

    (a)    is designed to meet the applicable operational specification for that facility;

    (b)    is installed and commissioned as required by the Authority;

    (c)    complies with applicable system characteristics and specification standards of the Authority; and

    (d)    is operated, maintained, available and reliable in accordance with the requirements of the Authority.

    (3) A communications, navigation and surveillance facility shall be installed by an experienced ATSEP with the relevant rating for the facility.

10.    Commission requirement

    (1) An air navigation service provider shall establish procedures to ensure that—

    (a)    each new facility—

        (i)    is commissioned to meet the specifications for that facility, and

        (ii)    complies with applicable standards; and

    (b)    the system performance of a new facility has been validated by the necessary tests and that all parties involved with the operations and maintenance of the facility, including its maintenance contractors, have accepted and are satisfied with the test results.

    (2) The procedures referred to in subregulation (1) shall include documentation of tests conducted on the facility prior to the commissioning of the facility, including tests that test the facility’s compliance with applicable standards and any flight check required.

11.    Availability and reliability of communications, navigation and surveillance (CNS) facility

    (1) An air navigation service provider shall be responsible for the provision of communications, navigation and surveillance services and facilities to ensure that telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available.

    (2) The functional specification of each of the air navigation service provider’s telecommunication services shall include the following values or characteristics for each service—

    (a)    availability;

    (b)    reliability;

    (c)    accuracy;

    (d)    integrity;

    (e)    mean time between failure (MTBF); and

    (f)    mean time to repair (MTTF).

    (3) The values referred to in subregulation (2) shall be derived or measured from either or both of the configuration of each service and the known performance of each service.

    (4) An air navigation service provider shall describe in the operations manual the method used to calculate each of the values.

    (5) For a radio navigation service, the air navigation service provider shall provide integrity values or characteristics for each kind of navigation aid and facility that forms part of the service.

    (6) An air navigation service provider shall ensure that a communications, navigation and surveillance facility is installed with main and standby power supply as well as adequate air conditioning to ensure continuity of operation appropriate to the service being provided.

12.    Monitoring, review and reporting of technical facility

    An air navigation service provider shall monitor, review and report the performance of a technical facility in accordance with these Regulations.

13.    Interface arrangement for support service

    An air navigation service provider shall formalise interface arrangements with external organisations, where applicable, in the form of service level agreements, detailing—

    (a)    the interface and functional specifications of the support service;

    (b)    the service level of the support service such as availability, accuracy, integrity and recovery time of failure of service; and

    (c)    the monitoring and reporting of the operational status of the service to the service provider.

14.    Keeping records

    (1) An air navigation service provider shall maintain records which are necessary for the operation and maintenance of the air navigation service and establish procedures to identify, collect, index, store, maintain and dispose of such records.

    (2) The procedures in subregulation (1) shall cover—

    (a)    the performance and maintenance history of each facility;

    (b)    the establishment of periodic test programmes for each facility;

    (c)    each item of test equipment required for the measurement of critical performance parameters;

    (d)    each reported or detected facility malfunction;

    (e)    each internal quality assurance review; and

    (f)    information about each person who is authorised to place facility into operational service.

    (3) An air service provider shall ensure that data and voice for an air navigation service operational system are recorded continuously and that a procedure is established for the retention and utilisation of such recordings for analysis.

    (4) An air navigation service provider shall keep records under the control of the relevant key personnel and control access to the records system to ensure appropriate security.

    (5) Notwithstanding subregulation (4), an air navigation service provider may, where necessary, avail copies of records to personnel.

15.    Keeping and retention of documents

    (1) An air navigation service provider shall maintain documents which are necessary for the operation and maintenance of the air navigation service and establish a process for the control of such documents.

    (2) Without prejudice to the generality of subregulation (1), an air service provider shall keep the following documents—

    (a)    a copy of these Regulations;

    (b)    a copy of the Civil Aviation Act;

    (c)    the air navigation service provider’s operations manual;

    (d)    ICAO Annex 10 Volumes I to V, ICAO doc 8071 – Manual on Testing of Radio Navigation Aids and other relevant ICAO documents;

    (e)    records of malfunction and safety incident reports;

    (f)    records of internal audit reports;

    (g)    agreements with other organisations;

    (h)    records of investigation into serious incidents;

    (i)    records of staff deployment, duty and leave rosters;

    (j)    records of equipment spares;

    (k)    records of job description, training programme and plan of each staff member;

    (l)    relevant equipment manuals;

    (m)    technical standards;

    (n)    instructions;

    (o)    maintenance procedures;

    (p)    site logbooks;

    (q)    system backup data;

    (r)    equipment and test gear inventory;

    (s)    all technical standards and technical material related to air navigation service developed by the Authority; and

    (t)    any other documentation necessary for the operation and maintenance of a communications, navigation and surveillance facility.

    (3) Where a document is kept as an electronic record and a paper copy of such electronic record is made, the copy shall be subjected to the same controls as paper documents.

    (4) A document retained in accordance with this regulation shall be kept for at least 3 years if paper based or 180 days if computer based.

    (5) An air navigation service provider may, where necessary, avail a copy of a document maintained under this regulation to relevant personnel.

16.    Amendment and authorisation of documents

    An air navigation service provider shall—

    (a)    establish a process to amend and authorise documents, where applicable, to ensure that—

        (i)    documents are up-to-date,

        (ii)    only current versions of the documents are available, and

        (iii)    the identity of the person who authorised the creation or the revision of a document is readily identifiable; and

    (b)    ensure that documents are amended in accordance with the established principles of quality management.

17.    Operations manual

    (1) An air navigation service provider shall develop and maintain an operations manual which shall serve to demonstrate how the air navigation service provider shall comply with the requirements provided for under these Regulations.

    (2) An operations manual shall contain—

    (a)    the information required of the air navigation service provider in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations;

    (b)    an organisational chart of the air navigation service provider and its maintenance contractors, if any, that shows—

        (i)    the name and position of each personnel, and

        (ii)    the qualification, experience, duties and responsibilities of personnel who are responsible for ensuring the organisation’s compliance with the requirements provided for under these Regulations;

    (c)    an overall operations and maintenance plan for the aeronautical telecommunication service;

    (d)    an operations and maintenance plan for each facility;

    (e)    information on the compliance of each facility with these Regulations;

    (f)    information on the compliance of each facility with applicable aeronautical telecommunication standards;

    (g)    the operation and maintenance instructions for each facility; and

    (h)    the system performance target for each facility such as its availability and reliability.

    (3) An operations manual shall consist of—

    (a)    a main manual covering the main areas that need to be addressed;

    (b)    supporting documents; and

    (c)    other manuals such as the operations and maintenance plan of each facility.

    (4) An air navigation service provider shall—

    (a)    control the distribution of the operations manual;

    (b)    amend the operations manual where necessary to maintain the accuracy of the information; and

    (c)    keep the contents of the operations manual up-to-date.

18.    Operations and maintenance plan

    (1) An air navigation service provider shall establish and maintain an operations and maintenance plan for each facility.

    (2) The operations and maintenance plan shall include—

    (a)    a procedure for the periodic inspection and testing of each facility to verify that the facility meets the operational and performance specifications of that facility;

    (b)    the details of a flight test where necessary such as the standards and procedures to be used and a flight test interval which shall be in compliance with guidelines prescribed by the Authority;

    (c)    the interval between periodic inspection and flight test, the basis for the interval, and whenever the interval is changed, the reasons for such change;

    (d)    the operations and maintenance instructions for each facility;

    (e)    an analysis of the number of personnel required to operate and maintain each facility taking into account the workload required;

    (f)    the corrective plan and procedures for each facility including whether the repair of modules and components are undertaken in-house or by equipment manufacturers; and

    (g)    the spare support plan for each facility.

    (3) The maintenance plan or the operating and maintenance instructions for each facility shall specify the test equipment requirements for all levels of operations and maintenance undertaken.

19.    Periodic inspection and testing of CNS facility

    (1) An air navigation service provider shall—

    (a)    establish a procedure for the periodic inspection and testing of the air navigation service provider’s communications, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility;

    (b)    ensure—

        (i)    that appropriate inspection, measuring and test equipment is available for staff to maintain the operation of each facility, and

        (ii)    that the inspection, measuring and test equipment is controlled, calibrated and maintained so that such equipment has the precision and accuracy necessary for the measurements and tests to be performed; and

    (c)    make a test transmission if—

        (i)    the transmission is necessary to test a service, facility or equipment,

        (ii)    within a reasonable time before commencement of the transmission, the air navigation service provider informs the users about the transmission,

        (iii)    at the commencement of the transmission, the air navigation service provider identifies the transmission as a test transmission, and

        (iv)    the transmission contains information identifying it as a test transmission.

    (2) For the purposes of paragraph (a), a periodic inspection shall include inspection of—

    (i)    the security of the facility and site,

    (ii)    adherence to the approved maintenance programme,

    (iii)    the upkeep of the equipment, building site and site service, and

    (iv)    the adequacy of the facility recordings and documentation.

20.    Security of CNS facility

    (1) An air navigation service provider shall establish a security programme for a communications, navigation and surveillance facility.

    (2) The security programme referred to in subregulation (1) shall specify the physical security requirements, practices and procedures to be followed for the purposes of minimising the risk of destruction of, damage to, or interference with the operation of a communications, navigation and surveillance facility.

    (3) An air navigation service shall ensure that—

    (a)    a communications, navigation and surveillance system and service are protected against cyber threats and attacks to a level consistent with the applicable service requirements; and

    (b)    an end system supporting air navigation security service is capable of—

        (i)    authenticating the identity of peer end systems,

        (ii)    authenticating the source of messages, and

        (iii)    ensuring the data integrity of the messages;

    (c)    strategies and best practices on the protection of critical information and communications technology systems used for civil aviation purposes are developed and implemented; and

    (d)    policies are established to ensure that, for critical aviation systems—

        (i)    system architectures are secure by design,

        (ii)    systems are resilient,

        (iii)    methods for data transfer are secured ensuring integrity and confidentiality of data,

        (iv)    system monitoring and incident detection and reporting methods are implemented, and

        (v)    forensic analysis of cyber incidents is carried out.

21.    Flight inspection

    An air navigation service provider shall ensure that a radio navigation aid is available for use by an aircraft engaged in air navigation and that the radio navigation aid is subjected to periodic ground and flight inspections.

22.    Facility check after accident or incident

    An air navigation service provider shall establish a procedure to check and accurately record the operating condition of any communications, navigation and surveillance facility that may have been used by an aircraft involved in an accident or incident.

23.    Radio frequency management

    (1) An air navigation service provider shall—

    (a)    establish a procedure for the management and protection of the aeronautical radio spectrum;

    (b)    designate a responsible person to control any frequency allocation within the aeronautical radio spectrum to ensure that there is no conflict or interference with any radio station or facility;

    (c)    ensure that there is no wilful transmission of unnecessary or anonymous radio signals, messages or data by any of its radio stations; and

    (d)    keep up-to-date records of all allocated frequencies.

    (2) Where an air navigation service provider suspects or has reasonable cause to suspect that the information that is being provided by a facility that provides radio signals is erroneous, the air navigation service provider shall ensure that such a facility is not allowed to operate.

24.    Radio interference reporting

    (1) An air navigation provider shall establish a procedure with the Botswana Communications Regulatory Authority (BOCRA) to address the occurrence of a radio frequency interference.

    (2) Where a radio frequency interference occurs, an air navigation service provider shall—

    (a)    report the radio frequency interference to BOCRA;

    (b)    investigate the radio frequency interference occurrence; and

    (c)    take follow-up action to prevent recurrence.

25.    CNS personnel training and other requirements

    (1) A person shall not perform a function related to the installation, training, operation or maintenance of communications, navigation and surveillance system unless—

    (a)    that person has successfully completed training in the performance of that function in line with the ATSEP competency-based training requirements; and

    (b)    the air navigation service provider is satisfied that the technical person is competent in performing that function.

    (2) An air navigation service provider shall—

    (a)    ensure that it employs a sufficient number of personnel who possess the skills and competencies required in the provision of an aeronautical telecommunication service;

    (b)    provide in the MANSOPS, an analysis of the personnel required to perform the communications, navigation and surveillance service for each facility taking into account the duties and workload required;

    (c)    develop job descriptions for each of its staff that depict the job purpose, key responsibilities and outcome to be achieved by each staff;

    (d)    develop an overall training policy and programme for the organisation;

    (e)    designate an officer who will be in charge of training or on the job training at the operational stations;

    (f)    maintain individual training records for staff;

    (g)    conduct a yearly review of the training plan for each staff at the beginning of the year to—

        (i)    identify any gaps in competency and changes in training requirement, and

        (ii)    prioritise the type of training required for the coming year.

    (3) An officer referred to in subregulation (2)(e) shall have satisfactorily completed on the job training instructional techniques course.

    (4) An air navigation service provider shall ensure that the training requirements under these Regulations similarly apply to its maintenance contractors.

26.    Facility malfunction incident reporting

    (1) An air navigation service provider shall report any serious service failure or safety incident to the Authority.

    (2) An air navigation service provider shall establish procedures for the reporting, collection and notification of facility malfunction incidents and document such procedures in the MANSOPS.

    (3) Where a safety incident occurs, an air navigation service provider shall investigate the incident to establish how and why the incident happened, including possible organisational contributing factors, and recommend actions to prevent recurrence.

    (4) An air navigation service provider shall compile a report of a safety incident and review the report periodically with the air navigation service provider’s maintenance contractors to—

    (a)    determine the cause of the incident and any adverse trends;

    (b)    implement corrective and preventive action where necessary to prevent recurrence of the incident; and

    (c)    implement any measure to improve the safety performance of the aeronautical telecommunication service.

27.    Operational status of CNS system

    An air service provider shall maintain information on the operational status of each communications, navigation and surveillance facility that is essential for the en route, approach, landing, and take-off phases of a flight to meet the operational needs of the service being provided.

28.    Safety case and service interruption

    An air navigation service provider shall—

    (a)    cause a safety case or the equivalent to be conducted during the commissioning of a safety critical system including—

        (i)    an automated air traffic control system,

        (ii)    a communication system, or

        (iii)    an ILS;

    (b)    establish a procedure to be used—

        (i)    in the event of interruption to, or

        (ii)    when upgrading a communications, navigation and surveillance system;

    (c)    specify an acceptable recovery time for each service; and

    (d)    ensure that human factor principles are observed in the design, operation and maintenance of an aeronautical telecommunication facility.

29.    Notification of aeronautical facility status

    (1) An air navigation service provider shall, as soon as possible, forward to the Aeronautical Information Services information—

    (a)    concerning the operational details of any new facility for publication in the aeronautical information publication;

    (b)    concerning any change in the operational status of any existing facility for the issuance of a Notice to Airmen; and

    (c)    concerning any change in the operational status of any existing facility for the issuance of a Notice to Airmen as set out in the Civil Aviation (Aeronautical Information Services) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) An air service provider shall ensure that the information that has to be published in terms of subregulation (1) is accurate.

PART III
Distress Frequencies (regs 30-31)

30.    Frequencies for emergency locator transmitters (ELTs) for search and rescue

    An emergency locator transmitter carried out in compliance with the Civil Aviation (Aircraft Operations) Regulations (Cap. 71:01 (Sub. Leg.)) shall operate on both 406 MHz and 121.5 MHz.

31.    Search and rescue frequencies

    (1) The frequencies 3023 kHz and 5680 kHz shall be employed where there is a requirement for the use of high frequencies for search and rescue scene of action co-ordination purposes.

    (2) Where a specific frequency is required for communication between a rescue co-ordination centre and an aircraft engaged in search and rescue operations, the specific frequency shall be selected regionally from the appropriate aeronautical mobile frequency bands in light of the nature of the provisions made for the establishment of a search and rescue aircraft.

PART IV
Utilisation of Frequencies Below 30 MHz (regs 32-35)

32.    Method of operations

    In the aeronautical mobile service, a single channel simplex shall be used in a radio telephone communication utilising a radio frequency below 30 MHz in the band allocated exclusively to the aeronautical mobile (R) service.

33.    Assignment of single sideband channel

    A single sideband channel shall be assigned in accordance with Schedule 1 of these Regulations and the Civil Aviation (Communication Systems) Regulations (Cap. 71:01 (Sub. Leg.)).

34.    Assignment of frequency for aeronautical operational control communication

    A frequency for an aeronautical operational control communication shall be assigned in accordance with Schedule 1 of the Regulations and the Civil Aviation (Communication Systems) Regulations.

35.     Non-directional radio beacon frequency management

    (1) The management of a non-directional radio beacon frequency shall take into account—

    (a)    the interference protection required at the edge of the rated coverage;

    (b)    the application of the figures shown for typical automatic direction finder equipment;

    (c)    the geographical spacing and the respective rated coverage; and

    (d)    the possibility of interference from spurious radiation generated by non-aeronautical sources.

    (2) The assignment of a common frequency to both the inner locators shall be permitted in order to alleviate frequency congestion problems at locations where two separate ILS facilities serve opposite ends of a single runway:

    Provided that—

    (a)    the operational circumstances permit;

    (b)    each locator is assigned a different identification signal; and

    (c)    arrangements are made whereby locators using the same frequency cannot radiate simultaneously.

PART V
Utilisation of Frequencies Above 30 MHz (regs 36-50)

36.    General allotment of frequency band 117.975 – 137.000 MHz

A block allotment of the frequency band 117.975 – 137.000 MHz shall be as set out under Schedule 2 of these Regulations.

37.    Frequency separation and limit of assignable frequency

    (1) In the frequency band 117.975 – 137.000 MHz, the lowest assignable frequency shall be 118.000 MHz and the highest assignable frequency shall be 136.975 MHz.

    (2) The minimum separation between assignable frequencies in the aeronautical mobile (R) service shall be 8.33 kHz.

    (3) The requirements for mandatory carriage of equipment specifically designed for—

    (a)    8.33 kHz channel spacing;

    (b)    VDL Mode 2;

    (c)    VDL Mode 3; and

    (d)    VDL Mode 4,

shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time.

    (4) The agreements referred to in subregulation (3) shall provide for at least two years' notice of mandatory carriage of airborne systems.

    (5) The publication of an assigned frequency or channel of operation in a region where a 25 kHz channel spacing (DSBAM and VHF digital link (VDL)) and 8.33 kHz DSB-AM channel spacing are in operation, shall conform to the channel contained under Schedule 2 of these Regulations.

38.    Frequencies used for particular function

    (1) The emergency channel (121.500 MHz) shall only be used for the following emergency purposes—

    (a)    to provide a clear channel between an aircraft in distress or emergency and a ground station when the normal channel is being utilised by other aircrafts;

    (b)    to provide a VHF communication channel between an aircraft and an aerodrome not normally used by international air services in case of an emergency condition arising;

    (c)    to provide a common VHF communication channel between an aircraft, either civil or military, and between such aircraft and surface services involved in a common search and rescue operation prior to changing, when necessary, to the appropriate frequency;

    (d)    to provide air-ground communication with an aircraft when airborne equipment failure prevents the use of the regular channels;

    (e)    to provide for a channel for the operation of an emergency locator transmitter and for communication between a survival aircraft and an aircraft engaged in search and rescue operations; and

    (f)    to provide a common VHF channel for communication between—

        (i)    a civil aircraft and an intercepting aircraft or an intercepting control unit, and

        (ii)    a civil aircraft or an intercepting aircraft and an air traffic service unit, in the event of interception of the civil aircraft.

    (2) The emergency channel (121.500 MHz) shall—

    (a)    be provided at—

        (i)    an area control and flight information centre,

        (ii)    an aerodrome control tower,

        (iii)    an approach control office serving international aerodromes and international alternate aerodromes, and

        (iv)    any additional location designated by the appropriate air traffic safety (ATS) authority where the provision of that frequency is considered necessary to ensure immediate reception of distress calls or to serve the purposes specified in subregulation (1);

    (b)    be available—

        (i)    to intercept a control unit where necessary for the purpose specified in subregulation (1)(f), and

        (ii)    only with the characteristics as contained in the Civil Aviation (Communication Systems) Regulations;

    (c)    be guarded—

        (i)    continuously during the hours of service of the unit at which it is installed, and

        (ii)    on a single channel simplex operation basis.

    (3) An air-to-air VHF communication channel on the frequency of 123.450 MHz shall be designated to enable an aircraft engaged in a flight over remote and oceanic areas out of range of VHF ground stations, to exchange necessary operational information and to facilitate the resolution of operational problems.

    (4) In remote and oceanic areas out of range of VHF ground stations, an air-to-air VHF communications channel on the frequency 123.450 MHz shall be available only with the characteristics as specified in the Civil Aviation (Communication Systems) Regulations.

    (5) For the purposes of this regulation, ATS authority means the relevant authority designated by the State responsible for providing air traffic services in the airspace concerned.

39.    Common signalling channel VDL mode 4

    The frequencies 136.925 MHz and 113.250 MHz shall, in areas where VHF Data Link (VDL) Mode 4 is implemented, be provided as common signalling channels to the VHF digital link mode 4.

40.    Auxiliary frequency for search and rescue operation

    (1) Where a requirement is established for the use of a frequency auxiliary to the emergency channel (121.500 MHz) as contained in regulation 38(1)(c), the frequency 123.100 shall be used.

    (2) The auxiliary search and rescue channel 123.100 MHz shall be available only with the characteristics as specified in Civil Aviation (Communication Systems) Regulations.

41.    Deployment of VHF frequency and the avoidance of harmful interference

    A provision concerning the deployment of a VHF frequency and the avoidance of harmful interference shall be as set out under Schedule 3 of these Regulations.

42.    Method of operations

    (1) A single channel simplex operation shall be used in the frequency band 117.975 – 137 MHz at all stations providing a service for aircrafts engaged in international air navigation.

    (2) The ground-to-air voice channel associated with a standard radio navigational aid shall be used, in addition to the channel referred to in subregulation (1), subject to regional agreement, for broadcast or communication purposes or both.

43.    Plan of assignable VHF radio frequency for use in the international aeronautical mobile service

    (1) A frequency in the band 117.975 – 137.000 MHz for use in an aeronautical mobile (R) service shall be selected from the list set out under Schedule 4 of these Regulations.

    (2) A frequency for operational control communications that is required to enable an aircraft operating agency to meet the obligations under the Civil Aviation (Aircraft Operations) Regulations, shall be selected from a dedicated band which is determined regionally.

    (3) A frequency allotted for use in the aeronautical mobile (R) service in a particular region shall be limited to the number determined as being necessary for operational needs in the region.

44.    Utilisation in the band 108 – 117.975 MHz

    A block allotment for the frequency band 108 – 117.975 MHz shall be as follows—

    (a)    for band 108 – 111.975 MHz—

        (i)    ILS in accordance with the Civil Aviation (Radio Navigation Aids) Regulations (Cap. 71:01 (Sub. Leg.)), and

        (ii)    VOR provided that—

            (aa)    no harmful adjacent channel interference is caused to ILS;

            (bb)    only frequencies ending in either even tenths or even tenths plus a twentieth of a megahertz are used; and

            (cc)    Global Navigation Satellite Systems ground-based augmentation system in accordance with Civil Aviation (Radio Navigation Aids) Regulations, provided that no harmful interference is caused to the ILS and VOR;

    (b)    for band 111.975 – 117.975 MHz—

        (i)    VOR, and

        (ii)    Global Navigation Satellite Systems ground based augmentation system in accordance with the Civil Aviation (Radio Navigation Aids) Regulations, provided that no harmful interference is caused to VOR.

45.    Regional assignment planning

    (1) The frequency for an ILS facility for regional assignment planning shall be selected in the following order—

    (a)    a localiser channel ending in odd tenths of a megahertz and its associated glide path channels; and

    (b)    a localiser channel ending in odd tenths plus a twentieth of a megahertz and its associated glide path channel.

    (2) An ILS channel identified by a localiser frequency ending in an odd tenth plus one twentieth of a megahertz in the band 108 – 111.975 MHz shall be permitted for use on the basis of a regional agreement.

    (3) For the purposes of regional assignment planning, a frequency for a VOR facility shall be selected in the following order—

    (a)    a frequency ending in odd tenths of a megahertz in the band 111.975 – 117.975 MHz;

    (b)    a frequency ending in even tenths of a megahertz in the band 111.975 – 117.975 MHz;

    (c)    a frequency ending in even tenths of a megahertz in the band 108 – 111.975 MHz;

    (d)    a frequency ending in 50 kHz in the band 111.975 – 117.975 MHz, except as set out in subregulation (4); and

    (e)    a frequency ending in even tenths plus a twentieth of a megahertz in the band 108 – 111.975 MHz except as set out in subregulation (4).

    (4) A frequency for a VOR facility ending in even tenths plus a twentieth of a megahertz in the band 108 – 111.975 MHz and a frequency ending in 50 kHz in the band 111.975 – 117.975 MHz, shall be permitted for use on the basis of a regional agreement, when it becomes applicable, in accordance with the following—

    (a)    in the band 111.975 – 117.975 MHz for restricted use;

    (b)    in the band 111.975 – 117.975 MHz for general use, at a date fixed by the International Civil Aviation Council but at least one year after the approval of the regional agreement concerned; and

    (c)    in the band 108 – 111.975 MHz for general use, at a date fixed by the Council but allowing a period of two years or more after the approval of the regional agreement concerned.

    (5) For the purposes of this regulation, Council means the International Civil Aviation Council.

46.    Airborne equipment protection while deploying VOR system

    An existing VOR system within an interference range of a facility utilising 50 kHz channel spacing shall be modified to comply with the provisions of Civil Aviation (Radio Navigation Aids) Regulations, in order to protect the operation of airborne equipment during the initial stages of deploying a VOR system utilising 50 kHz channel spacing, in an area where the existing facility does not fully conform with the Civil Aviation (Radio Navigation Aids) Regulations.

47.    Frequency deployment

    (1) A geographical separation between facilities operating on the same and adjacent frequencies shall be determined regionally and shall be based on the following criteria—

    (a)    the required functional service radii of the facilities;

    (b)    the maximum flight altitude of the aircraft using the facilities; and

    (c)    the desirability of keeping the minimum instrument flight region altitude as low as the terrain will permit.

    (2) The assignment of an identical ILS localiser and a glide path paired frequency shall be allowed to alleviate a frequency congestion problem at a location where two separate ILS facilities serve opposite ends of the same runway or different runways at the same airport:

    Provided that—

    (a)    the operational circumstances permit;

    (b)    each localiser is assigned a different identification signal; and

    (c)    an arrangement is made whereby the localiser and the glide path which is not in operational use cannot radiate.

 

48.    Utilisation in the band 960 – 1 215 MHz for distance measuring equipment

    (1) A distance measuring equipment operating channel bearing the suffix "X" or "Y" as contained in the Civil Aviation (Radio Navigation Aids) Regulations shall be chosen on a general basis without restriction.

    (2) A distance measuring equipment operating channel bearing the suffix "W" or "Z" as contained in the Civil Aviation (Radio Navigation Aids) Regulations shall be chosen on the basis of a regional agreement when the distance measuring equipment operating channel becomes applicable.

    (3) A channel for distance measuring equipment associated with the ILS for regional assignment planning shall be selected from under Schedule 5 of these Regulations.

49.    Distance measuring equipment channels Groups 1 to 5

    (1) A distance measuring equipment channel in Groups 1 to 5 shall be permitted for general use.

    (2) When selecting a channel for an assignment purpose where a distance measuring equipment is intended to operate on a runway in association with an ILS, the distance measuring equipment channel, where possible, shall be selected from Group 1 or 2 and paired with the ILS frequency as indicated in the distance measuring equipment channelling and pairing table under the Civil Aviation (Radio Navigation Aids) Regulations.

50.    Distance measuring equipment channels Groups 6 to 10

    A distance measuring equipment channel in Groups 6 to 10 shall be permitted for use on the basis of a regional agreement where it becomes applicable in accordance with the conditions set out in regulation 49(2).

PART VI
Exemptions (regs 51-52)

51.    Application for exemption

    (1) A person may apply in writing to the Authority for an exemption from any provision of these Regulations.

    (2) An application in subregulation (1) shall—

    (a)    contain the applicant’s—

        (i)    name,

        (ii)    physical address and mailing address,

        (iii)    telephone and facsimile numbers, and

        (iv)    email address;

    (b)    include—

        (i)    a citation of the specific requirement from which the applicant seeks exemption,

        (ii)    an explanation of why the exemption is needed,

        (iii)    a description of the type of operations to be conducted under the proposed exemption,

        (iv)    the proposed duration of the exemption,

        (v)    an explanation of how the exemption would be in the public interest, and

        (vi)    a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; and

    (c)    specify the time period within which the Authority shall expect the aviation service provider to be fully compliant with these Regulations.

52.    Review and publication of exemption

    The Authority shall review and publish a granted exemption as a means of notification of the exemption.

PART VII
General Provisions (regs 53-58)

53.    Drug and alcohol testing

    (1) A person who performs any function provided by these Regulations, directly or by contract, may be tested for drug or alcohol usage.

    (2) A person who—

    (a)    refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or

    (b)    refuses to submit to a test to indicate the presence of a narcotic drug, marijuana, or depressant or stimulant drug or substance in the body when requested by a law enforcement officer or the Authority,

or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

        (i)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal, or

        (ii)    have their licence, certificate, qualification or authorisation issued under these Regulations suspended or revoked.

54.    Change of name

    (1) A holder of an air navigation service provider certificate issued under these Regulations may apply to the Authority for—

    (a)    a replacement of the certificate if lost or destroyed;

    (b)    a change of name on the certificate; or

    (c)    an endorsement on the certificate.

    (2) When making an application under subregulation (1), the holder of a certificate shall submit to the Authority—

    (a)    the original certificate; or

    (b)    a copy in the case of a loss of the original; and

    (c)    a court order or other legal documents verifying the name change.

    (3) The Authority shall return to the holder of a certificate, with the appropriate changes applied for, if any, the originals specified in subregulation (2) and, where necessary, retain copies of the certificate.

55.    Change of address

    (1) A holder of an air navigation service provider certificate issued under these Regulations shall notify the Authority of a change in his or her physical and mailing address within 14 days of such change.

    (2) A person who fails to notify the Authority of a change in his or her physical or mailing address within the time frame specified in subregulation (1) shall not exercise the privileges of that certificate.

56.    Replacement of documents

    A person may apply to the Authority in Form A as set out under Schedule 6 for the replacement of a document issued under these Regulations where such a document is lost or destroyed.

57.    Use and retention of documents and records

    (1) A person shall not—

    (a)    use any certificate or exemption issued or required by or under these Regulations which has been forged, altered, cancelled, or suspended, or to which he is not entitled;

    (b)    forge or alter any certificate or exemption issued or required by or under these Regulations;

    (c)    lend any certificate or exemption issued or required by or under these Regulations to any other person;

    (d)    make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such certificate or exemption; or

    (e)    mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.

    (2) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

    (3) A person shall not issue any certificate or exemption under these Regulations unless he or she is authorised to do so by the Authority.

    (4) A person shall not issue any certificate referred to in subregulation (3) unless he or she has satisfied himself or herself that a statement contained in the certificate is correct and that the applicant is qualified to hold that certificate.

58.    Report of violation

    (1) Any person who knows of or suspects a violation of these Regulations shall report it to the Authority.

    (2) For purposes of subregulation (1), the Authority shall determine the nature and type of investigation or enforcement action that needs to be taken.

PART VIII
Offences and Penalties (regs 59-60)

59.    Offences and penalties

    (1) A person who contravenes any provision of these Regulations, commits an offence, and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding six months, or to both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

    (2) Notwithstanding subregulation (1), where it is proved that an act or omission of any person which would otherwise have been a contravention by that person of these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of these Regulations.

60.    Appeal

    A person aggrieved by the decision of the Authority under these Regulations may, within 14 days of such decision, appeal to the Appeals Tribunal established under section 79 of the Act (Cap. 71:01).

PART IX
Savings Provision (reg 61)

61.    Savings provision

    (1) Any communications, navigation and surveillance facility and equipment that was installed and operated before the commencement of these Regulations shall remain operational.

    (2) Notwithstanding subregulation (1), the Authority may require that a facility and equipment installed and operated before the commencement of these Regulations be subjected to an assessment to determine the extent to which it complies with these Regulations.

    (3) Where the outcome of an assessment under subregulation (2) shows non-compliance with these Regulations, the air navigation service provider may be required to perform corrective action to rectify the anomalies or to cease operation of such facility or equipment.

Schedule 1
Assignment of Single Sideband Channels

(regs 33 and 34)

    1.1.1.    For the operational use of the channels concerned, an administration shall take into account the provisions of 27/19 of Appendix 27 of the International Telecommunications Union (ITU) Radio Regulations.

    1.1.2.    The use of an aeronautical mobile (R) frequency below 30 MHz for an international operation should be co-ordinated as specified in Appendix 27 of the ITU Radio Regulations as follows—

    (a)    27/19 The International Civil Aviation Organisation (ICAO) co-ordinates radio communications of the aeronautical mobile (R) service with international aeronautical operations and this Organisation shall be consulted in all appropriate cases in the operational use of the frequencies in the Plan.

    1.1.3.    Where international operating requirements for HF communications cannot be satisfied by the Frequency Allotment Plan at Part 2 of Appendix 27 to the ITU Radio Regulations, an appropriate frequency may be assigned as specified in Appendix 27 by the application of the following provisions—

    (a)    27/20 It is recognised that not all the sharing possibilities have been exhausted in the Allotment Plan contained in this Appendix. Therefore, in order to satisfy particular operational requirements which are not otherwise met by this Allotment Plan, administrations may assign frequencies from the aeronautical mobile (R) bands in areas other than those to which they are allotted in this Plan. However, the use of the frequencies so assigned must not reduce the protection to the same frequencies in the areas where they are allotted by the Plan below that determined by the application of the procedure defined in Part I, Section IIB of this Appendix;

    (b)    27/21 When necessary to satisfy the needs of international air operations, administrations may adapt the allotment procedure for the assignment of aeronautical mobile (R) frequencies, which assignments shall then be the subject of prior agreement between administrations affected; and

    (c)    27/22 The co-ordination described in No. 27/19 shall be effected where appropriate and desirable for the efficient utilisation of the frequencies in question, and especially when the procedures of No. 27/21 are unsatisfactory.

    1.1.4.    The use of classes of emission J7B and J9B shall be subject to the following provisions of Appendix 27—

    (a)    27/12 For radiotelephone emissions the audio frequencies will be limited to between 300 and 2700 Hz and the occupied bandwidth of other authorised emissions will not exceed the upper limit of J3E emissions. In specifying these limits, however, no restriction in their extension is implied in so far as emissions other than J3E are concerned, provided that the limits of unwanted emissions are met (see Nos. 27/73 and 27/74);

    (b)    27/14 On account of the possibility of interference, a given channel shall not be used in the same allotment area for radiotelephony and data transmissions; and

    (c)    27/15 The use of channels derived from the frequencies indicated in 27/18 for the various classes of emissions other than J3E and H2B will be subject to special arrangements by the administrations concerned and affected in order to avoid harmful interference which may result from the simultaneous use of the same channel for several classes of emission.

    1.2.    Assignment of frequencies for aeronautical operational control communications

    1.2.1.    Worldwide frequencies for aeronautical operational control communications are required to enable aircraft operating agencies to meet the obligations contained in Civil Aviation (Operations of Aircraft) Regulations. Assignment of these frequencies shall be in accordance with the following provisions of Appendix 27—

    (a)    27/9 A worldwide allotment area is one in which frequencies are allotted to provide long distance communications between an aeronautical station within that allotment area and aircraft operating anywhere in the world; and

    (b)    27/217 The worldwide frequency allotments appearing in the tables at No. 27/213 and Nos. 27/218 to 27/231, except for carrier (reference) frequencies 3 023 kHz and 5 680 kHz, are reserved for assignment by administrations to stations operating under authority granted by the administration concerned for the purpose of serving one or more aircraft operating agencies. Such assignments are to provide communications between an appropriate aeronautical station and an aircraft station anywhere in the world for exercising control over regularity of flight and for safety of aircraft. Worldwide frequencies are not to be assigned by administrations for MWARA, RDARA and VOLMET purposes. Where the operational area of an aircraft lies wholly within a RDARA or sub-RDARA boundary, frequencies allotted to those RDARAs and sub-RDARAs shall be used.

Schedule 2

(regs 36 and 37)

1.1     Table 1-1: Allotment table

 

Block Allotment Frequencies
(MHz)

Worldwide Utilisation

Remarks

a)

118.000 – 121.450 inclusive

International and National Aeronautical Mobile Services

Specific international allotments will be determined in the light of regional agreement

b)

121.500

Emergency frequency

In order to provide a guard band for the protection of the aeronautical emergency frequency, the nearest assignable frequencies on either side of 121.500 MHz are 121.450 MHz and 121.550 MHz

c)

121.550 – 121.9917 inclusive

International and National Aeronautical Mobile Services

Reserved for ground movement, pre-flight checking, air traffic services, clearances, and associated operations

d)

122.000 – 123.050 inclusive

National Aeronautical Mobile Services

Reserved for national allotments

e)

123.100

Auxiliary frequency SAR

In order to provide a guard band for the protection of the aeronautical auxiliary frequency, the nearest assignable frequencies on either side of 123.100 MHz are 123.050 MHz and 123.150 MHz

f)

123.150 – 123.6917 inclusive

National Aeronautical Mobile Services

123.450 MHz which is also used as an air-to-air communications channel (see g))

g)

123.450

Air-to-air communications

Designated for use as provided under these Regulations

h)

123.700 – 129.6917 inclusive

International and National Aeronautical Mobile Services

Specific international allotments will be determined in light of regional agreement

i)

129.700 – 130.8917 inclusive

National Aeronautical Mobile Services

Reserved for national allotments but may be used in whole or in part, subject to regional agreement

j)

130.900 – 136.875 inclusive

International and National Aeronautical Mobile Services

Specific international allotments will be determined in light of regional agreement

k)

136.900 – 136.975 inclusive

International and National Aeronautical Mobile Services

Reserved for VHF air-ground data link communications

1.2 Table 1-2: Channelling/frequency pairing table (reg 34)

Frequency (MHz)

Time slot

Channel Spacing (MHz)

Channel

118.0000

 

25

118.000

118.0000

A

25

118.001

118.0000

B

25

118.002

118.0000

C

25

118.003

118,0000

D

25

118.004

118.0000

 

8.33

118.005

118.0083

 

8.33

118.010

118.0167

 

8.33

118.015

118.0250

A

25

118.021

118.0250

B

25

118.022

118.0250

C

25

118.023

118.0250

D

25

118.024

118.0250

 

25

118.025

118.0250

 

8.33

118.030

118.0333

 

8.33

118.035

118.0417

 

8.33

118.040

118.0500

 

25

118.050

118.0500

A

25

118.051

118.0500

B

25

118.052

118.0500

C

25

118.053

118.0500

D

25

118.054

118.0500

 

8.33

118.055

118.0583

 

8.33

118.060

118.0667

 

8.33

118.065

118.0750

A

25

118.071

118.0750

B

25

118.072

118.0750

C

25

118.073

118.0750

D

25

118.074

118.0750

 

25

118.075

118.0750

 

8.33

118.080

118.0833

 

8.33

118.085

118.0917

 

8.33

118.090

118.1000

 

25

118.100

Schedule 3
Deployment of VHF Frequencies and the Avoidance of Harmful Interference

(reg 41)

    1.1    Provisions concerning the deployment of VHF frequencies and the avoidance of harmful interference.

    1.1.1    The geographical separation between facilities operating on the same frequency shall, except where there is an operational requirement for the use of common frequencies for groups of facilities, be such that the protected service volume of one facility is separated from the protected service volume of another facility by a distance not less than that required to provide a desired to undesired signal ratio of 20 dB or by a separation distance not less than the sum of the distances to the associated radio horizon of each service volume, whichever is smaller.

    1.1.2    For areas where frequency assignment congestion is severe or is anticipated to become severe, the geographical separation between facilities operating on the same frequency shall, except where there is an operational requirement for the use of common frequencies for groups of facilities, be such that the protected service volume of one facility is separated from the protected service volume of another facility by a distance not less than that required to provide a desired to undesired signal ratio of 14 dB or by a separation distance not less than the sum of the distances to the associated radio horizon of each service volume, whichever is smaller. This provision shall be implemented on the basis of a regional air navigation agreement.

    1.1.3    The application of the minimum separation distance based on the sum of the radio horizon distance of each facility assumes that it is highly unlikely that two aircraft will be at the closest points between and at the maximum altitude of the protected service volume of each facility.

    1.1.4    The distance to the radio horizon from a station in an aircraft is normally given by the formula—

                D = Kh

                where D = distance in nautical miles;

                h = height of the aircraft station above earth;

                K = (corresponding to an effective earth's radius of 4/3 of the actual radius);

                = 2.22 when h is expressed in metres; and

                = 1.23 when h is expressed in feet.

    1.1.5    In calculating the radio line-of-sight distance between a ground station and an aircraft station, the distance from the radio horizon of the aircraft station computed from Note 3 must be added to the distance from the radio horizon of the ground station. In calculating the latter, the same formula is employed, taking for h the height of the ground station transmitting antenna.

    1.1.6    The geographical separation between facilities operating on adjacent channels shall be such that points at the edge of the protected service volume of each facility are separated by a distance sufficient to ensure operations free from harmful interference.

    1.1.7    The protection height shall be a height above a specified datum associated with a particular facility, such that below it, harmful interference is improbable.

    1.1.8    The protection height to be applied to functions or to specific facilities shall be determined regionally, taking into consideration the following factors—

    (a)    the nature of the service to be provided;

    (b)    the air traffic pattern involved;

    (c)    the distribution of communication traffic;

    (d)    the availability of frequency channels in airborne equipment; and

    (e)    probable future developments.

    1.1.9    Where the protected service volume is less than operationally desirable, separation between facilities operating on the same frequency shall not be less than that necessary to ensure that an aircraft at the upper edge of the operational service volume of one facility does not come above the radio horizon with respect to emissions belonging to the service of adjacent facilities.

    1.1.10    The effect of 1.1.9 is to establish a geographical separation distance below which harmful interference is probable.

    1.1.11    The geographical separation between VHF VOLMET stations shall be determined regionally and shall be such that operations free from harmful interference are secured throughout the protected service volume of each VOLMET station.

    1.1.12    In the frequency band 117.975 – 137.000 MHz, the frequencies used for National Aeronautical Mobile Services, unless worldwide or regionally allotted to this specific purpose, shall be so deployed that no harmful interference is caused to facilities in the International Aeronautical Mobile Services.

    1.1.13    The problem of inter-State interference shall be resolved by consultation between the States concerned.

    1.1.14    The communication coverage provided by a VHF ground transmitter shall, in order to avoid harmful interference to other stations, be kept to the minimum consistent with the operational requirement for the function.

Schedule 4
Assignable Frequencies

(reg 43)

    1.1    List of assignable frequencies shall be—

    1.1.1    List A – assignable frequencies in regions or areas where 25 kHz frequency assignments are deployed

        118.000 – 121.450 MHz in 25 kHz steps

        121.550 – 123.050 MHz in 25 kHz steps

        123.150 – 136.975 MHz in 25 kHz steps

    1.1.2    List B – assignable frequencies in regions or areas where 8.33 kHz frequency assignments are deployed

        118.000 – 121.450 MHz in 8.33 kHz steps

        121.550 – 123.050 MHz in 8.33 kHz steps

Schedule 5
Channels for DME Associated with ILS and VOR

(reg 48)

1.1 Table 1-1: Channels for DME associated with ILS/VOR

Group

DME Channels

Associated Paired VHF Channels

Remarks

Assignment Procedure

1

EVEN 18X to 56X

ILS 100 kHz spacings

 

For general use

2

EVEN 18Y to 56Y

ILS 50 kHz spacings

 

For general use

3

EVEN 80Y to 118Y

VOR 50 kHz spacings Odd tenths of a MHz

 

For general use

4

ODD 17Y to 55Y

VOR 50 kHz spacings

 

For general use

5

ODD 81Y to 119Y

VOR 50 kHz spacings Even tenths of a MHz

 

For general use

6

EVEN 18W to 56W

No associated paired VHF channel

 

For later use

7

EVEN 18Z to 56Z

No associated paired VHF channel

 

For later use

8

EVEN 80Z to 118Z

No associated paired VHF channel

 

For later use

9

ODD 17Z to 55Z

No associated paired VHF channel

 

For later use

10

ODD 81Z to 119Z

No associated paired VHF channel

 

For later use

Note. DME channels in Groups 1 and 2 may be used in association with ILS and/or MLS. DME channels in Groups 3, 4 and 5 may be used in association with VOR or MLS.

Schedule 6

(reg 56)

Form A
Application for a Duplicate Document

1.    Name of applicant: ........................................................

    Address: ......................................................................

    Telephone/Fax No.: .......................................................

    Email address: .............................................................

2.    Original document number: ............................................

Date of first issue: ...................................................... Place of first issue ..........................     .........
                                    (DD/MM/YY)

3.    Reasons for applying for a duplicate

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

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

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

Types of services for which document is required

Types of Air Navigation Services

Location

Type of Service(s) (for ATS only)
(The service to be provided within a particular airspace or controlled aerodrome designated to the provider by the Authority)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.    Location at which service is to be provided ............................................................................

I apply for the grant of a duplicate document based on the information provided in this Form.

Signature ...................................................

Name (BLOCK LETTERS) ..................................................................

Date ...................................... Place ...............................................

CIVIL AVIATION (UNITS OF MEASUREMENT TO BE USED IN AIR AND GROUND OPERATIONS) REGULATIONS

(section 89(1))

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
Standard Application of Units of Measurement

    4.    SI Units

    5.    Non-SI units

    6.    Application of specific units

    7.    Design, procedures and training

PART III
Termination of Use of Non-SI Alternative Units

    8.    Termination of use of alternative non-SI units

    9.    Base units, supplementary units and derived units

    10.    Offence

        SCHEDULE

S.I. 58, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Units of Measurement to be used in Air and Ground Operations) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "Ampere (A)" means a constant electric current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in a vacuum, would produce between these conductors a force equal to 2 x 107 newton per metre of length;

    "Becquerel (Bq)" means the activity of a radionuclide having one spontaneous nuclear transition per second;

    "Candela (cd)" means the luminous intensity, in the perpendicular direction, of a surface of 1/600 000 square metre of black body at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre;

    "Celsius temperature (t?C)" means the Celsius temperature is equal to the difference t?C = T-T0 between two thermodynamic temperatures T and T0"/ where T0 equals 273.15 Kelvin;

    "Coulomb (C)" means the quantity of electricity transported in one second by a current of one ampere;

    "Degree Celsius (?C)" means the special name for the unit Kelvin for use in stating values of Celsius temperature;

    "Farad (F)" means the capacitance of a capacitor between the plates of which there appears a difference of potential of one volt when it is charged by a quantity of electricity equal to one coulomb;

    "Foot (ft)" means the length equal to 0.3048 metre exactly;

    "Gray (Gy)" means the energy imparted by ionising radiation to a mass of matter corresponding to one joule per kilogram;

    "Henry (H)" means the inductance of a closed circuit in which an electromotive force of one volt is produced when the electric current in the circuit varies uniformly at a rate of one ampere per second;

    "Hertz (Hz)" means the frequency of a periodic phenomenon of which the period is one second;

    "Human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

    "Joule (J)" means the work done when the point of application of a force of one Newton is displaced a distance of one metre in the direction of the force;

    "Kelvin (K)" means a unit of thermodynamic temperature which is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water;

    "Kilogram (kg)" means the unit of mass equal to the mass of the international prototype of the kilogram;

    "Knot (kt)" means the speed equal to one nautical mile per hour;

    "International System of Units (SI)" means a complete, coherent system which includes three classes of units base units, supplementary units; and derived units;

    "Litre (L)" means a unit of volume restricted to the measurement of liquids and gases which is equal to one cubic decimetre;

    "Lumen (lm)" means the luminous flux emitted in a solid angle of one steradian by a point source having a uniform intensity of one candela;

    "Lux (lx)" means the illuminance produced by a luminous flux of one lumen uniformly distributed over a surface of one square metre;

    "Metre (m)" means the distance travelled by light in a vacuum during 1/299 792 458 of a second;

    "Mole (mol)" means the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon-12;

    "Nautical mile (NM)" means the length equal to 1,852 metres exactly;

    "Newton (N)" means the force which when applied to a body having a mass of one kilogram gives it an acceleration of one metre per second squared;

    "Ohm means the electric resistance between two points of a conductor when a constant difference of potential of one volt, applied between these two points, produces in this conductor a current of one ampere, this conductor not being the source of any electromotive force;

    "Pascal (Pa)" means the pressure or stress of one newton per square metre;

    "Radian (rad)" means the plane angle between two radii of a circle which cut off on the circumference an arc equal in length to the radius;

    "Second (s)" means the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom;

    "Siemens (S)" means the electric conductance of a conductor in which a current of one ampere is produced by an electric potential difference of one volt;

    "Sievert (Sv)" means the unit of radiation dose equivalent corresponding to one joule per kilogram;

    "Steradian (sr)" means the solid angle which, having its vertex in the centre of a sphere, cuts off an area of the surface of the sphere equal to that of a square with sides of length equal to the radius of the sphere;

    "Tesla (T)" means the magnetic flux density given by a magnetic flux of one weber per square metre;

    "Tonne (t)" means the mass equal to 1,000 kilograms;

    "Volt (V)" means the unit of electric potential difference and electromotive force which is the difference of electric potential between two points of a conductor carrying a constant current of one ampere, when the power dissipated between these points is equal to one watt;

    "Watt (W)" means the power which gives rise to the production of energy at the rate of one joule per second; and

    "Weber (Wb)" means the magnetic flux which, linking a circuit of one turn, produces in it an electromotive force of one volt as it is reduced to zero at a uniform rate in one second.

3.    Application

    These Regulations shall apply to all aspects of civil aviation air and ground operations.

PART II
Standard Application of Units of Measurement (regs 4-7)

4.    SI units

    (1) The International System of Units developed and maintained by the General Conference of Weights and Measures (CGPM) shall, subject to regulations 5 and 6 be used as the standard system of units of measurement for all aspects of civil aviation air and ground operations.

    (2) The prefixes and symbols listed in Table 1 of the Schedule shall be used to form names and symbols of the decimal multiples and submultiples of SI units.

5.    Non-SI units

    (1) The non-SI units listed in Table 2 of the Schedule, shall be used either in lieu of, or in addition to, the SI units as the unit of measure but only as specified in Table 4 of the Schedule.

    (2) The non-SI units listed in Table 3 of the Schedule shall be permitted for temporary use as alternative units of measurement but only for those specific quantities listed in Table 4 of the Schedule.

6.    Application of specific units

    (1) The application of units of measurement for certain quantities used in civil aviation air and ground operations shall be in accordance with Table 4 of the Schedule of these Regulations.

    (2) In instances where the mole is used, the elementary entities shall be specified and may be atoms, molecules, ions, electrons, other particles or specified groups of such particles.

7.    Design, procedures and training

    The means and provisions for design, procedures and training shall be established for operations in environments involving the use of standard and non-SI alternatives of specific units of measurement, or the transition between environments using different units, with due consideration to human performance.

PART III
Termination of Use of Non-SI Alternative Units (regs 8-10)

8.    Termination of use of alternative non-SI units

    The use in civil aviation operations of the alternative non-SI units (Knot, Nautical Mile and foot) shall be terminated on the dates to be established by International Civil Aviation.

9.    Base units, supplementary units and derived units

    The International System of Units is a complete, coherent system which includes three classes of units as depicted in Table 5; supplementary units as depicted in Table 6; and derived units as depicted in Table 7 of the Schedule.

10.    Offence

    Any person who contravenes any provision of these Regulations commits an offence and is liable to the penalties provided under section 88 of the Act.

SCHEDULE
SI UNITS

(regs 4, 5 and 6)

Table 1. SI unit prefixes

Multiplication factor

 

Prefix

Symbol

1 000 000 000 000 000 000

= 1018

exa

E

1 000 000 000 000 000

= 1015

peta

P

1 000 000 000 000

= 1012

tera

T

1 000 000 000

= 109

giga

G

1 000 000

= 106

mega

M

1 000

= 103

kilo

k

100

= 102

hecto

h

10

= 101

deca

da

0.1

= 10-1

deci

d

0.01

= 10-2

centi

c

0.001

= 103

milli

m

0.000 001

= 10-6

micro

µ

0.000 000 001

= 10-9

nano

n

0.000 000 000 001

= 10-12

pico

p

0.000 000 000 000 001

= 10-15

fento

f

0.000 000 000 000 000 001

= 10-18

atto

a

Table 2. Non-SI units for use with the SI

Specific quantities in Table 3-4 related to

Unit

Symbol

Definition
(in terms of SI units)

mass

tonne

t

1 t = 103/ kg

plane angle

degree

?

1? = (/180) rad

 

minute

'

1' = (1/60)? = (/10 800) rad

 

second

"

1" = (1/60)' = (/648 000) rad

temperature

degree Celsius

?C

1 unit ?C = 1 unit Ka

time

minute

min

1 min = 60 s

 

hour

h

1 h = 60 min = 3 600 s

 

day

d

1 d = 24 h = 86 400 s

 

week, month, year

 

volume

litre

L

1 L= 1 dm3/= 10-3m3

Table 3. Non-SI units for temporary use with the SI

Specific quantities in Table 3-4 related to

Unit

Symbol

Definition
(in terms of SI units)

distance (long)

nautical mile

NM

1 NM =1852 m

distance (vertical)a

foot

ft

1 ft = 0.3048 m

speed

knot

kt

1 kt = 0.514 444 m/s

a)    altitude, elevation, height, vertical speed

 

 

Table 4. Standard application of specific units of measurement

Ref. No.

Quantity

Primary unit
(symbol)

Non-SI alternative unit (symbol)

1.    Direction/Speed/Time

    1.1

attitude

m

ft

    1.2

area

m2

 

    1.3

distance (long)a

km

NM

    1.4

distance (short)

m

 

    1.5

elevation

m

ft

    1.6

endurance

h and min

 

    1.7

height

m

ft

    1.8

latitude

? ' "

 

    1.9

length

m

 

    1.10

longitude

? ' "

 

    1.11

plane angle (when required, decimal subdivisions of the degree shall be used)

?

 

    1.12

runway length

m

 

    1.13

runway visual range

m

 

    1.14

tank capacities (aircraft)b

L

 

    1.15

time

 

s
min
h
d
week
month
year

    1.16

visibilityc

 

km

    1.17

volume

 

m3

    1.18

wind direction (wind directions other than for a landing and take-off shall be expressed in degrees true; for landing and take-off wind directions shall be expressed in degrees magnetic)

 

2.    Mass-related

    2.1

air density

kg/m3

    2.2

area density

kg/m2

    2.3

cargo capacity

kg

    2.4

cargo density

kg/m3

    2.5

density (mass density)

kg/m3

    2.6

fuel capacity (gravimetric)

kg

    2.7

gas density

kg/m3

    2.8

gross mass or payload

kg

 

 

t

    2.9

hoisting provisions

kg

    2.10

linear density

kg/m

    2.11

liquid density

kg/m3

    2.12

mass

kg

    2.13

moment of inertia

kg·m2

    2.14

moment of momentum

kg·m2/s

    2.15

momentum

kg·m/s

3.    Force-related

 

    3.1

air pressure (general)

kPa

    3.2

altimeter setting

hPa

    3.3

atmospheric pressure

hPa

    3.4

bending moment

kN·m

    3.5

force

N

    3.6

fuel supply pressure

kPa

    3.7

hydraulic pressure

kPa

    3.8

modulus of elasticity

MPa

    3.9

pressure

kPa

    3.10

stress

MPa

    3.11

surface tension

mN/m

    3.12

thrust

kN

    3.13

torque

N·m

    3.14

vacuum

Pa

4.    Mechanics

    4.1

airspeedd

km/h

kt

    4.2

angular acceleration

rad/s2

 

    4.3

angular velocity

rad/s

 

    4.4

energy or work

J

 

    4.5

equivalent shaft power

kW

 

    4.6

frequency

Hz

 

    4.7

groundspeed

km/h

kt

    4.8

impact

J/m2

 

    4.9

kinetic energy absorbed by brakes

MJ

 

    4.10

linear acceleration

m/s2

 

    4.11

power

kW

 

    4.12

rate of trim

?/s

 

    4.13

shaft power

kW

 

    4.14

velocity

m/s

 

    4.15

vertical speed

m/s

ft/min

    4.16

wind speed

m/s

kt

5.    Flow

 

 

    5.1

engine airflow

kg/s

    5.2

engine waterflow

kg/h

    5.3

fuel consumption (specific)

 

 

    piston engines

kg/(kW.h)

 

    turbo-shaft engines

kg/(kW.h)

 

    jet engines

kg/(kN.h)

    5.4

fuel flow

kg/h

    5.5

fuel tank filling rate (gravimetric)

kg/min

    5.6

gas flow

kg/s

    5.7

liquid flow (gravimetric)

g/s

    5.8

liquid flow (volumetric)

L/s

    5.9

mass flow

kg/s

    5.10

oil consumption

 

 

    gas turbine

kg/h

 

    piston engines (specific)

g/(kW.h)

    5.11

oil flow

g/s

    5.12

pump capacity

L/min

    5.13

ventilation airflow

m3//min

    5.14

viscosity (dynamic)

Pa · s

    5.15

viscosity (kinematic)

m2/s

6.    Thermodynamics

 

    6.1

coefficient of heat transfer

W/(m2.K)

    6.2

heat flow per unit area

J/m2

    6.3

heat flow rate

W

    6.4

humidity (absolute)

g/kg

    6.5

coefficient of linear expansion

?C-1

    6.6

quantity of heat

J

    6.7

temperature

?C

7.    Electricity and magnetism

 

    7.1

capacitance

F

    7.2

conductance

S

    7.3

conductivity

S/m

    7.4

current density

A/m2

    7.5

electric current

A

    7.6

electric field strength

C/m2

    7.7

electric potential

V

    7.8

electromotive force

V

    7.9

magnetic field strength

A/m

    7.10

magnetic flux

Wb

    7.11

magnetic flux density

T

    7.12

power

W

    7.13

quantity of electricity

C

    7.14

resistance

 

8.    Light and related electromagnetic radiations

 

    8.1

illuminance

lx

    8.2

luminance

cd/m2

    8.3

luminous exitance

lm/m2

    8.4

luminous flux

Im

    8.5

luminous intensity

cd

    8.6

quantity of light

Im.s

    8.7

radiant energy

J

    8.8

wavelength

m

9.    Acoustics

 

    9.1

frequency

Hz

    9.2

mass density

kg/m3

    9.3

noise level

dBe)

    9.4

period, periodic time

s

    9.5

sound intensity

W/m2

    9.6

sound power

W

    9.7

sound pressure

Pa

    9.8

sound level

dBf)

    9.9

static pressure (instantaneous)

Pa

    9.10

velocity of sound

m/s

    9.11

volume velocity (instantaneous)

m3//s

    9.12

wavelength

m

10. Nuclear physics and ionising radiation

    10.1

absorbed dose

Gy

    10.2

absorbed dose rate

Gy/s

    10.3

activity of radionuclides

Bq

    10.4

dose equivalent

Sv

    10.5

radiation exposure

C/kg

    10.6

exposure rate

C/kg.s

a)    As used in navigation, generally in excess of 4,000 m.

b)    Such as aircraft fuel, hydraulic fluids, water, oil and high pressure oxygen vessels.

c)    Visibility of less than 5 km may be given in m.

d)    Airspeed is sometimes reported in flight operations in terms of the ration MACH number.

e)    A conversion of 1 kt = 0.5 m/s is used in ICAO Annexes for the representation of wind speed.

f)    The decibel (dB) is a ratio which may be used as a unit for expressing sound pressure level and sound power level. When used, the reference level must be specified.

Table 5. SI Base Units

Quantity

Unit

Symbol

amount of substance

mole

mol

electric current

ampere

A

length

metre

m

luminous intensity

candela

cd

mass

kilogram

kg

thermodynamic

kelvin

K

time

second

s

Table 6. SI Supplementary units

Quantity

Unit

Symbol

plane angle

radian

rad

solid angle

steradian

sr

Table 7. SI Derived units with special names

Quantity

Unit

Symbol

Derivation

absorbed dose (radiation)

gray

Gy

J/kg

activity and radionuclides

becquerel

Bq

I/s

capacitance

farad

F

C/V

conductance

siemens

S

A/V

dose equivalent radiation

sievert

Sv

J/kg

electric potential, potential difference, electromotive force

volt

V

W/A

electric resistance

ohm

 

V/A

energy, work, quantity of heat

joule

J

N.m

force

newton

N

kg.m/s2

frequency (of a periodic phenomenon)

hertz

Hz

I/s

illuminance

lux

lx

lm/m2

inductance

henry

H

Wb/A

luminous flux

lumen

lm

cd.sr

magnetic flux density

tesla

T

Wb/m2

power, radiant flux

watt

W

J/s

pressure, stress

pascal

Pa

N/m2

quantity of electricity, electric charge

coulomb

C

A.s

 

CIVIL AVIATION (CARBON OFFSETTING AND REDUCTION SCHEME FOR INTERNATIONAL AVIATION) REGULATIONS

(section 89)

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

    1.    Citation

    2.    Interpretation

    3.    Duties of operators

    4.    Offences and penalties

        SCHEDULE

S.I. 59, 2022.

1.    Citation

    These Regulations may be cited as the Civil Aviation (Carbon Offsetting and Reduction Scheme for International Aviation) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "international flight" means the operation of an aircraft from take-off at an aerodrome of a contracting State or its territories, and landing at an aerodrome of another contracting State or its territories; and

    "operator" means a person engaged in or offering to engage in an aircraft operation.

3.    Duties of operators

    An operator of an international flight which directly or indirectly impacts climate change shall comply with the carbon offsetting and reduction scheme for international aviation requirements set out in the Schedule.

4.    Offences and penalties

    A person who contravenes these Regulations shall be liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding six months, or to both.

SCHEDULE
CARBON OFFSETTING AND REDUCTION SCHEME FOR INTERNATIONAL AVIATION (CORSIA)

(reg 3)

S. No.

CHAPTER

TOPIC

1.

CHAPTER - 1

Introduction.

2.

CHAPTER - 2

Administration.

3.

CHAPTER - 3

Monitoring, Reporting and Verification (MRV) of Aeroplane Operator Annual CO2 Emissions.

4.

CHAPTER - 4

CO2 Offsetting Requirements from International Flights.

5.

CHAPTER - 5

Emissions Reductions from the Use of Sustainable Aviation Fuels.

6.

CHAPTER - 6

Emissions Units.

7.

CHAPTER - 7

Verification Body and National Accreditation Body.

8.

ANNEXURE - I

 

9.

ANNEXURE - II

Abbreviations and Units.

CHAPTER – 1: INTRODUCTION.

1.    Introduction to Carbon Offsetting and Reduction Scheme for International Aviation:

    1.1    The 39th ICAO General Assembly, held in October 2016, concluded with the adoption of a global market-based measure scheme to address CO2 emissions from international aviation, known as "Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)" which was approved by ICAO Council on 27th June, 2018. This market-based measure was adopted based on ICAO’s aspirational goal of Carbon Neutral Growth beyond 2020.

    1.2    In 2010, ICAO set three aspirational goals to address its climate impact—

        (i)    An annual improvement of two per cent in fuel efficiency from 2009 until 2020,

        (ii)    To achieve Carbon Neutral Growth from 2020 to stabilise the net CO2 emissions, and

        (iii)    Reduction of carbon emissions by 50 per cent by 2050 compared to 2005 levels.

    1.3    Under CORSIA, aeroplane operators are required to purchase and cancel "emissions units" to offset the increase in CO2 emissions covered by the scheme. With the exceptions of humanitarian, medical and fire-fighting flights, all civilian international operations undertaken by aeroplane operators are covered by CORSIA. CORSIA aims to address any annual increase in total CO2 emissions from international civil aviation above the baseline value (based on the average of 2021-2022 emissions levels) in order to avoid the impact of any unusual fluctuations in air traffic in 2020 levels.

2.    CORSIA Design Elements:

    2.1    CORSIA scheme has mainly two design elements, Monitoring, Reporting and Verification (MRV) and Offsetting. MRV is a system to capture fuel consumptions from international operations by an operator and, to calculate the carbon emissions thereon for reporting to CAAB annually. Whereas, in offsetting, an operator is required to offset its carbon emissions from its international operations which is due to increase in emissions levels compare to the baseline emissions value.

    2.2    Monitoring, Reporting and Verification (MRV): One of the main features of CORSIA is MRV system—

    •     Monitoring of fuel use on each international flight and calculation of CO2 emissions,

    •     Reporting of CO2 emissions information between aeroplane operators, CAAB and ICAO, and

    •     Verification of reported emissions data to ensure completeness and to avoid misstatements.

    2.3    The foremost requirement under this scheme is to monitor, verify and report the fuel consumptions and emissions data from international routes. All operators, who are engaged in international operations, have to capture their fuel consumption and carbon emissions data annually, starting from 1st January, 2019 every year. Requirement for the MRV of CO2 emissions is independent from participation in CORSIA offsetting. The emissions data calculated from fuel used on international routes by all operators globally for the year 2019 and 2020 will be used exclusive by ICAO to calculate the baseline emissions value which will be used in the subsequent years for calculation of growth in emissions levels for calculation of offsetting requirements.

    2.4    Offsetting Requirements: While the reporting of emissions will take place on an annual basis, offsetting requirements will be aggregated by three-year compliance period. For every compliance cycle, operators will need to offset and cancel a quantity of eligible emissions units corresponding to their offsetting requirements. CAAB will notify operators of their final offsetting requirements for each three-year period by 30th November of the following year. Operators will, however, also be informed on an annual basis (also by 30th November) of the provisional offsetting requirements associated with each individual compliance year.

    2.5    Compliance Period: The offsetting requirements need to be fulfilled by the operators during each compliance period which is of three years duration. There are five, three-year compliance periods, as follows, starting from 2021—

    •     2021-2023: Pilot phase,

    •     2024-2026: First phase, and

    •     2027-2029, 2030-2032, 2032-2035: Second phase.

    2.6    Allocation of Offsetting Requirements: The allocation of offsetting requirements will evolve over time from a "sectoral" approach to a combination of a "sectoral" and an "individual" component. The sectoral component is based on the total CO2 emissions of each operator. Each operator will have to offset a given percentage of its CO2 emissions from flights subject to offsetting requirements. This percentage, the sector’s "growth factor", will be the same for all operators and refers to the increase in CO2 emissions divided by the total CO2 emissions on routes covered by CORSIA in a given year.

    2.7    Phased Implementation: In order to address the concerns of developing states and to take into account the special circumstances and respective capabilities of States, CORSIA will be implemented in phases. The phased implementation, however, only relates to offsetting requirements.

    2.8    Pilot Phase (2021-2023) and First Phase (2024-2026): The Pilot and First phases are voluntary in nature and will apply to only those states that opt to participate in these phases. From 2021 until 2026, offsetting requirements will only apply to international flights between states that volunteer to participate in the pilot and/or first phase. Any operator flying between volunteering states will be subject to offsetting requirements, irrespective of participation of their State in the voluntary phases. All other international flights to and from States that have not volunteered; will be exempt from offsetting requirements.

    2.9    Second Phase (2027-2035): The Second phase is mandatory in nature and will apply to all those States who meets the RTK criteria or the exempted States who volunteers to participate in the scheme. From 2027, offsetting requirements will apply to all international flights including those that did not volunteer to be part of the pilot/first phases.

    2.10    The Second Phase of CORSIA applies to all ICAO Member States except to those States that meet the following aviation-related criteria—

    •     States with individual share of international aviation activities in Revenue Tonne Kilometres (RTKs), in year 2018 below 0.5 per cent of total RTKs, and

    •     States that are not part of the list of States that account for 90 per cent of total RTKs when sorted from the highest to the lowest amount of individual RTKs.

    2.11    Voluntary Participation: States who wish to participate in CORSIA voluntarily, can decide to join the scheme at the beginning of any year, however, they shall communicate their decision to ICAO before 30th June of the preceding year. States who decide to participate in CORSIA on a voluntary basis may discontinue their voluntary participation from the scheme from 1st January of any given year, provided they inform ICAO not later than 30th June of the preceding year. The list of such participating States will be published on ICAO website who intend to voluntarily participate in CORSIA from its outset.

    2.12    Route-based Approach: CORSIA shall apply to all international flights on the routes between two States participating in the CORSIA for offsetting requirements, in order to have complete emissions coverage and to minimising market distortion.

CHAPTER – 2: ADMINISTRATION.

1.    Attribution of International Flights to an Aeroplane Operator:

    1.1    As the scheme is applicable to international flights only, as a first step, all aeroplane operators have to identify their flights operating on international routes. For the purposes of this regulation, two or more consecutive international flights, operated under the same flight number, are considered as separate flights.

    1.2    The aeroplane operators shall either use ICAO Designator or Registration Marks to determine the attribution of such international flights. In case, an international flight could not be identified based on its ICAO Designator or Registration Mark, that flight shall be attributed to the owner of the aeroplane.

2.    Attribution of an Aeroplane Operator to a State:

    2.1    The aeroplane operator shall also ensure correct attribution towards the State to which the aeroplane operator fulfils its operational requirements by using either ICAO Designator or Air Operator Certificate (AOC). In case, an aeroplane operator does not possess an ICAO Designator or Air Operator Certificate, the State where the aeroplane operator is registered as juridical person or reside, shall be considered for its attribution purpose.

    2.2    In case, the aeroplane operator changes its ICAO Designator, AOC or place of juridical registration/residence and is subsequently attributed to a new State, but it is not establishing a new entity or a subsidiary, then the new State shall become the State to which the aeroplane operator fulfils its requirements under this regulation at the start of the next compliance period. Until such time, the aeroplane operator shall demonstrate compliance with the requirements of this regulation to CAAB only.

    2.3    The aeroplane operator with a wholly owned subsidiary aeroplane operator that is legally registered with CAAB can submit a request to CAAB for treating both operators as a single entity for demonstrating compliance with the requirements of this regulation. CAAB may consider their request provided the aeroplane operator submits substantiation documents to demonstrate that the subsidiary aeroplane operator is wholly owned by the parent organisation.

3.    CORSIA Focal Point:

    3.1    The aeroplane operator shall designate a Focal Point in their respective organisations duly approved by their management. Names and Contact details of such Focal Points shall be submitted to CAAB for approval.

    3.2    The Focal Point should possess sound knowledge of CORSIA and related environmental protection matters.

    3.3    The Focal Point shall act as the contact person for CAAB for all CORSIA related issues and shall be responsible for submission of all data, information, reports as and when required under CORSIA. The Focal Point shall be also responsible for demonstrating compliance to the requirements contained in this regulation.

4.    Record Keeping:

    4.1    The aeroplane operator, responsible for demonstrating compliance to the requirements contained in this regulation, shall maintain all relevant records pertaining to their fuel consumption and corresponding emissions data for at least 10 years.

    4.2    The aeroplane operator should also maintain and keep all records relevant to its CO2 emissions per State and Aerodrome pair submitted to CAAB for the 2019-2020 period for the purpose of calculating its offsetting requirements during the 2030-2035 compliance periods.

5.    Compliance Periods and Timeline:

    5.1    The aeroplane operators shall comply with the requirements as contained in this Regulation and shall adhere strictly with the timeline provided by CAAB from time to time.

6.    Equivalent Procedures: Reserved.

7.    Oversight by CAAB:

    7.1    CAAB may carry out oversight of the aeroplane operators regarding their correct attribution to the State and international flights, annual fuel and emissions related data from international operations, Emissions Monitoring Plan, Annual Emissions Report, Emissions Unit Cancellation Report, data management, data gaps and record keeping, as and when required. CAAB may, at any time, ask for additional substantiation data from the aeroplane operators in this regard.

CHAPTER – 3: MONITORING, REPORTING AND VERIFICATION (MRV) OF AEROPLANE OPERATOR ANNUAL CO2 EMISSIONS.

1.    Applicability of MRV Requirements:

    1.1    The requirements of this chapter shall be applicable to all aeroplane operators including scheduled operators, non-scheduled operators and those operating under general aviation that produces annual CO2 emissions greater than 10,000 tonnes from international operations using an aeroplane(s) with a maximum certificated take-off mass greater than 5,700 kg, on or after 1st January, 2019 onwards.

    1.2    The requirements of this chapter shall not apply to those aeroplane operator whose annual CO2 emissions from international flights, is less than 10,000 tonnes. However, in order to monitor their annual emissions from international flights, the aeroplane operator shall submit relevant data pertaining to their fuel consumption from international operations to CAAB on annual basis as per the template provided by CAAB.

    1.3    The requirements of this chapter shall not apply to international flights, preceding or following, a humanitarian, medical or fire-fighting flight provided such flights were conducted with the same aeroplane and were required to accomplish the related humanitarian, medical or fire fighting activities or to reposition thereafter the aeroplane for its next activity.

    1.4    The aeroplane operator shall have to provide enough supporting evidence of such flights to CAAB and the verification body for verification purpose, in order to consider these flights exempted under MRV requirements.

    1.5    The requirements of this chapter shall be also applicable to an aeroplane operator who starts its international operations after 1st January, 2019 (i.e., a New Entrant). However, a new entrant will be liable for monitoring, reporting and verification requirements from the 1st January of the next year after its annual CO2 emissions from international operations exceeds 10,000 tonnes in the preceding year.

    1.6    Aeroplane operator whose annual CO2 emissions value is very close to the threshold value of 10,000 tonnes CO2 emissions from international flights, should approach CAAB for further necessary guidance for demonstrating compliance to the aforesaid requirements.

2.    Monitoring of CO2 Emissions:

    2.1    As a part of requirements, all aeroplane operators shall monitor their annual fuel consumption and emissions data from international operations from 1st January, 2019 onwards. For the monitoring purposes, the aeroplane operator has to establish a monitoring procedure and shall be properly document it in their Emissions Monitoring Plan (EMP) with reference to their internal document. The Emissions Monitoring Plan (EMP) containing necessary information about the monitoring and reporting about the fuel used and corresponding emissions data from all international flights, shall be submitted to CAAB for approval.

    2.2    For the details of the information to be contained in the Emission Monitoring Plan, all aeroplane operators will be eligible to use the template made available by ICAO at the ICAO website <WW:Web,"http://www.icao.int/environmental-protection/CORSlA/pages/Templates">http://www.icao.int/environmental-protection/CORSlA/pages/Templates. aspx for preparing their EMP. The EMP shall be approved by CAAB and the aeroplane operators shall strictly follow the monitoring procedure as mentioned in their approved EMP.

    2.3    For 2021-2022 period: The aeroplane operator with annual CO2 emissions from international flights, greater than or equal to 5,00,000 tonnes shall use a Fuel Use Monitoring Method as prescribed in Chapter-1 of the Guidance Material on Civil Aviation Requirements (Document No. 02/2018/CORSIA).

    2.4    The aeroplane operator with annual CO2 emissions from international flights, less than 5,00,000 tonnes shall either use a Fuel Use Monitoring Method or the ICAO CORSIA CO2 Estimation and Reporting Tool (CERT) which is described in Chapter-2 of the Guidance Material on Civil Aviation Requirements (Document No. 02/2018/CORS1A).

    2.5    However, if the annual CO2 emissions increases above the threshold of 5,00,000 tonnes during 2019, CAAB may allow the operator to continue with the use of CERT for 2020 also, based on a written request from the aeroplane operator.

    2.6    The aeroplane operator should use the same monitoring method during the 2021-2022 period that it expects to use during the 2021-2023 period, taking into account the projected annual CO2 emissions for the period 2021-2023. In case, the aeroplane operator desires to change its monitoring method, it will submit revised Emissions Monitoring Plan to CAAB by 30th November, 2022 in order to implement the new monitoring method from 1st January, 2023 onward.

    2.7    In case, the aeroplane operator’s Emissions Monitoring Plan is found to be incomplete and/or inconsistent with the eligible Fuel Use Monitoring Method, CAAB shall direct the aeroplane operator to resubmit the Emissions Monitoring Plan by amending the EMP with correct information.

    2.8    CAAB may allow the operator to use CERT till 30th November, 2022, in case, the aeroplane operator does not have sufficient information to select an appropriate Fuel Use Monitoring Method. However, the aeroplane operator shall submit an Emissions Monitoring Plan to CAAB by 30th November, 2022.

    2.9    For 2021-2035 period: The aeroplane operator, with annual CO2 emissions from international flights subject to offsetting requirements, greater than or equal to 50,000 tonnes, shall use a Fuel Use Monitoring Method for those flights. However, for international flights not subjected to offsetting requirements, the aeroplane operator shall either use a Fuel Use Monitoring Method or CERT.

    2.10    The aeroplane operator, with annual CO2 emissions from international flights subject to offsetting requirements, less than 50,000 tonnes, shall either use a Fuel Use Monitoring Method or CERT. However, if the aeroplane operator’s annual C02 emissions from international flights subject to offsetting requirements, increases above the threshold of 50,000 tonnes in two consecutive years, the aeroplane operator shall submit a revised Emissions Monitoring Plan to CAAB by 30th September of the third year by indicating an appropriate Fuel Use Monitoring Method to be used from on 1st January of the fourth year onwards.

    2.11    If the aeroplane operator’s annual CO2 emissions from international flights subject to offsetting requirements, decreases below the threshold of 50,000 tonnes in two consecutive years, the aeroplane operator may opt to change its monitoring method on 1st January of the fourth year. However, if the aeroplane operator chooses to change its monitoring method, an updated Emissions Monitoring Plan will be required to be submitted to CAAB by 30th September of the third year.

3.    Emissions Monitoring Plan (EMP):

    3.1    The aeroplane operator shall submit an Emissions Monitoring Plan (EMP) to CAAB for approval latest by 30th November, 2022 to be applicable from 1st January, 2023 onwards. The EMP shall contain all relevant information as provided in the template issued by CAAB.

    3.2    An aeroplane operator who starts international operations after 1st January, 2019, shall also submit an Emissions Monitoring Plan to CAAB within three months after it exceeds the threshold value of annual 10,000 tonnes of emissions.

    3.3    The aeroplane operator shall resubmit the Emissions Monitoring Plan to CAAB whenever there is a significant change in the information contained in the earlier submitted Emissions Monitoring Plan. For this purpose, the definition of significant change shall be referred. The aeroplane operator shall also inform, in writing, to CAAB with valid justification, about the changes in the revised Emissions Monitoring Plan.

    3.4    If the aeroplane operator’s Emissions Monitoring Plan is determined to be incomplete and/or inconsistent with the Emissions Monitoring Plan template, CAAB shall summarily reject the EMP and shall direct the aeroplane operator to resubmit the EMP along with the requisite information.

4.    Calculation of CO2 Emissions from Aeroplane Fuel Use:

    4.1    The aeroplane operator using a Fuel Use Monitoring Method, shall determine the CO2 emissions from international flights using the following equation for both conventional and sustainable aviation fuel:

        CO2 Emissions (in tonnes) = Mass of fuel (in tonnes) X Fuel conversion factor

        For the purpose of calculating CO2 emissions, the mass of fuel used includes all aviation fuels. An aeroplane operator shall use the following value of fuel conversion factor: for Jet-A fuel = 3.16 (in kg CO2/kg fuel) and for AvGas or Jet-B fuel = 3.10 (in kg CO2/kg fuel).

    4.2    The aeroplane operator shall convert the volume (if the fuel uplift is measured in units of volume) of the fuel into mass by applying proper fuel density value before using the aforesaid formula.

    4.3    The aeroplane operator shall use an actual fuel density provided by the fuel vendor. In case, an actual fuel density value is not available, the operator shall use the standard value of 0.8 kg per litre for operational and safety reasons. However, the operator shall mention about the use of actual or standard fuel density in their Emission Monitoring Plan along with a reference to the relevant aeroplane operator’s documentation.

5.    Monitoring of CORSIA Eligible Fuels Claims:

    5.1    An aeroplane operator can reduce their emissions offset requirements by using CORSIA eligible fuels in place of conventional fuel. However, an aeroplane operator who intends to claim such emissions reductions shall use an ICAO approved CORSIA eligible fuel that meets the "CORSIA Sustainability Criteria" as prescribed at ICAO CORSIA website.

    5.2    Further, the aeroplane operator shall only use CORSIA eligible fuels from fuel producers that are certified by an approved Sustainable Certification Scheme and meet the requirements of CORSIA Eligibility Framework and Requirements for Sustainability Certification Schemes as prescribed at ICAO CORSIA website.

    5.3    However, the aeroplane operator has to provide evidence in respect of the CORSIA eligible fuels purchased that meet ICAO’s sustainability criteria and certification scheme. In case, the aeroplane operator cannot demonstrate the compliance of the CORSIA eligible fuels with the sustainability criteria, then it shall be considered as conventional aviation fuel and no emissions reduction benefits shall be provided to the aeroplane operator.

    5.4    The claims of emissions reductions from the use of CORSIA eligible fuels by an aeroplane operator shall be based on mass of CORSIA eligible fuels according to the available purchasing and blending invoices/records.

    5.5    The emissions reductions from the use of CORSIA eligible fuels are calculated based on the approved Life Cycle Emissions value (LSf) of the CORSIA eligible fuels used by the operator. The aeroplane operator shall provide necessary information on emissions reductions from using CORSIA eligible fuel in their Emissions Report whenever such emissions reductions are availed.

6.    Reporting of CO2 Emissions:

    6.1    The aeroplane operator should use the standardised Emissions Report template provided by ICAO for demonstrating compliance with the CORSIA. The Emissions Report shall contain all the necessary information as per the template.

    6.2    A copy of the duly verified Emissions Report and a copy of the associated Verification Report shall be submitted to CAAB at the end of each calendar year, by the aeroplane operator within the specified time line prescribed by CAAB. The aeroplane operator shall include the number of international flights operated in that year, both at the level of State pair in the respective Emissions Report.

    6.3    While submitting the consolidated CO2 emissions from international flights for the 2021-2022 period, including subsidiary aeroplane operators, the aeroplane operator shall ensure that the Emissions Report submitted to CAAB also include the disaggregated data relating to each subsidiary aeroplane operator.

    6.4    In specific circumstances where an aeroplane operator having a very limited number of State pairs operations that are subject to offset requirements and/or not subject to offset requirements, the aeroplane operator may request in writing to CAAB that such data shall not be published at the aeroplane operator level explaining the reasons why such data shall not be disclosed with proper justification. Based on the justification provided by the aeroplane operator, CAAB may consider about the confidentiality of such data and discloser of such data at aeroplane operator level. However, the annual CO2 emissions of an aeroplane operator on a given State pair will be considered as commercially sensitive only if they are determined using a Fuel Use Monitoring Method.

    6.5    In specific circumstances where aggregated State pair data may be attributed to an identified aeroplane operator as a result of a very limited number of aeroplane operators conducting flights on a State pair, that aeroplane operator may request in writing to CAAB that such data not be published at State pair level, explaining the reasons why disclosure would harm their commercial interests. Based on this request, CAAB shall determine whether this data is confidential.

    6.6    All aeroplane operator data which is deemed confidential in accordance with paragraphs 6.4 and 6.5 above shall be aggregated without attribution to the specific aeroplane operator.

    6.7    CAAB will calculate and inform each of the aeroplane operators about their average total CO2 emissions during the 2021-2022 period.

    6.8    The aeroplane operator shall subtract CORSIA eligible fuels traded or sold to a third party from its total reported quantity of CORSIA eligible fuels.

    6.9    The aeroplane operator shall also provide a declaration of all other GHG schemes, it participates in, where the emissions reductions from the use of CORSIA eligible fuels may be claimed, and a declaration that it has not made claims for the same batches of CORSIA eligible fuel under other schemes.

    6.10    To claim emissions reductions from the use of CORSIA eligible fuels in the Emissions Report, the aeroplane operator shall provide the information to CAAB, within a given compliance period for all CORSIA eligible fuel received by a blender by the end of that compliance period. The information provided is through to the blend point, and includes information received from both the neat (unblended) fuel producer and the fuel blender.

    6.11    The aeroplane operator should make CORSIA eligible fuel claims on an annual basis in order to ensure all documentation is dealt with in a timely manner. However, the aeroplane operator has the option to decide when to make a CORSIA eligible fuel claim within a given compliance period for all CORSIA eligible fuel received by a blender within that compliance period. However, for any blending that occurs in the second half of the final year of a compliance period, CAAB should determine whether any flexibility is needed to be provided to the aeroplane operator in terms of submitting reports.

    6.12    If the aeroplane operator purchases fuel from a supplier downstream from the fuel blender (e.g., from a distributor, another aeroplane operator, or an aerodrome-based fuel distributor), this fuel supplier shall provide all of the requisite documentation in order for the emissions reductions from the use of CORSIA eligible fuels to be claimed by the aeroplane operator.

7.    Verification of CO2 Emissions:

    7.1    For the purpose of cross-check of annual reported data, the aeroplane operator may perform an internal pre-verification of its Emissions Report prior to submitting the same for verification to an external verifier. The aeroplane operator shall engage a verification body for the verification of its annual Emissions Report.

    7.2    More details about a verification body and the relevant requirements about its accreditation is provided in details at Chapter-7 of this Regulation.

    7.3    The aeroplane operator and the verification body, shall both independently submit a copy of the Emissions Report and associated Verification Report to CAAB, within the stipulated timeline as communicated by CAAB.

    7.4    Fuel purchases, transaction reports, fuel blending records and sustainability credentials shall constitute the documentary proof for the purpose of verification and approval of emissions reductions from the use of CORSIA eligible fuels.

    7.5    The aeroplane operator shall ensure that it, or its designated representative, has audit rights of the production records for the sustainable aviation fuels that it purchases from a vendor.

8.    Data Gaps:

    8.1    The aeroplane operator shall take utmost care to avoid any data gaps in their annual Emissions Report while submitting such reports to CAAB and the verification body. Data gaps in reported emissions-related data, can occur due to irregular operations, data feed issues, human error, critical system failures, etc. Any such data gaps that are identified by the verification body may lead non-compliance with the CORSIA requirements and ultimately could result in Found unsatisfactory of an Emissions Report by the verification body. A data gap could also be identified by CAAB in its review process of the verified Emissions Report.

    8.2    The aeroplane operator using a Fuel Use Monitoring Method, shall fill data gaps using the ICAO CERT, provided that the data gaps during a compliance period do not exceed the following thresholds—

        i)    2019-2020 period: 5 per cent of international flights.

        ii)    2021-2035 period: 5 per cent of international flights subject to offsetting requirements.

    8.3    The aeroplane operator shall correct issues identified with the data and information management system in a timely manner to mitigate ongoing data gaps and system weaknesses. If the aeroplane operator realises it has data gaps and system weaknesses that exceed the threshold as mentioned in paragraph 8.2 above, it shall approach CAAB to take remedial action to address this.

    8.4    When the threshold is exceeded, the aeroplane operator shall mention the percentage of international flights, for the 2019-2020 period, or flights subject to offsetting requirements, for the 2021-2035 period, that had data gaps, and provide an explanation to CAAB in their annual Emissions Report.

    8.5    The aeroplane operator shall fill all data gaps and correct systematic errors and misstatements prior to the submission of the Emissions Report to CAAB. The aeroplane operator shall ensure that procedure for identifying and rectifying any data gaps is properly documented in their procedure manual which shall be referred by CAAB in case of rectification process of such data gaps.

CHAPTER – 4: CO2 OFFSETTING REQUIREMENTS FROM INTERNATIONAL FLIGHTS.

1.    Applicability of CO2 Offsetting Requirements:

    1.1    The requirements of this regulation shall not be applicable to a new entrant aeroplane operator for the first three years starting in the year when its annual CO2 emissions from international operations exceeds 10,000 tonnes or until its annual emissions level exceeds 0.1 per cent of 2020 emissions level, whichever occurs earlier. The requirements of this regulation shall then be applicable from 1st January of the subsequent year.

2.    CO2 Offsetting Requirements:

    2.1    The amount of CO2 emissions of an aeroplane operator, required to be offset in a given year from 1st January, 2022 to 31st December, 2024 prior to consideration of the sustainable aviation fuels, shall be calculated as follows—

        Operator’s Offsetting Requirements in a given year = Operator’s CO2 emissions in that year X Sector’s Growth Factor.

    2.2    The Sector’s Growth Factor applicable for a given year, will be published by ICAO and is defined as

        SGF = [(Total sectoral CO2 emissions in year Y – Average total annual sectoral CO2 emissions during 2019 and 2020 in the given year)/Total sectoral CO2 emissions in year Y]. Sectoral emissions in a given year do not include the CO2 emissions from new entrants during their exception period.

    2.3    As the participation of States in CORSIA change over time, the average of total sectoral CO2 emissions during 2019 and 2020 covered by these State pairs in the given year Y will be recalculated by ICAO.

    2.4    CAAB will calculate, for each of the aeroplane operators, the amount of CO2 emissions required to be offset in a given year from 1st January, 2024 to 31st December, 2035 (without emissions reduction from use of CORSIA eligible fuels), every year as follows—

        Aeroplane operator's offsetting requirements in the given year Y = Per cent Sectoral in the given year YX (Aeroplane operator’s CO2 emissions in the given year YX Sector’s Growth Factor) + Per cent Individual in the given year YX (Aeroplane operator’s CO2 emissions in the given year YX Aeroplane operator’s Growth Factor).

        Where per cent individual in the given year y = (100 per cent – Per cent Sectoral in the given year y). For the period 2021 to 2029, the values of Per cent Sectoral and Per cent Individual are 100 per cent and 0 per cent respectively and hence the last term in the above formula shall not be considered. However, from 2030 onwards, ICAO will specify exact values of Per cent Sectoral and Per cent Individual to be used.

        The table below gives an overview of CO2 offsetting requirements on a sectoral and individual basis during different compliance periods. However, the final value of per cent individual in a given year (%Oy) will be determined by the ICAO in its future Assemblies. However, the tentative values are as shown below—

Year of applicability

%Sy

%Oy

1st January, 2024 to 31st December, 2029

100%

0%

1st January, 2030 to 31st December, 2032

(100% – %Oy)

A specified percentage of at least 20%

1st January, 2033 to 31st December, 2035

(100% – %Oy)

A specified percentage of at least 70%

    2.5    ICAO will provide the applicable value of Sector Growth Factor on yearly basis.

    2.6    CAAB will calculate the aeroplane operator’s Growth Factor for a given year in accordance with the CO2 emissions from the verified Emissions Reports submitted by aeroplane operators which is calculated as—

        [(Total aeroplane operator’s CO2 emissions in the given year Y – Average total annual aeroplane operator’s CO2 emissions during 2019 and 2020 in the given year Y)/Total aeroplane operator’s CO2 emissions in the given year Y].

    2.7    CAAB will inform the aeroplane operator of its final offsetting requirements within the stipulated timeline upon calculating the final offsetting requirements for a given compliance period of each of the aeroplane operators.

CHAPTER – 5: EMISSIONS REDUCTIONS FROM THE USE OF SUSTAINABLE AVIATION FUELS.

1.    Emissions Reductions from the Use of Sustainable Aviation Fuels:

    1.1    The aeroplane operator that intends to claim for emissions reductions from the use of CORSIA eligible fuels in a given year shall compute emissions reductions as follows—

        Emissions reductions from the use of sustainable aviation fuels in the given year Y (in tonnes) =[ Total mass of a neat CORSIA eligible fuel claimed in the given year Y (in tonnes) X {1 – (LSf/LC)}] X Fuel Conversion Factor.

        The aeroplane operator shall use the value of fuel conversion factor for Jet-A fuel = 3.16 kg CO2/kg fuel and for AvGas or Jet-B fuel = 3.10 kg CO2/kg fuel.

        The Emissions reduction factor (ERFf) of a CORSIA eligible fuel is the ratio (1-LSf/LC) where LSf = Life cycle emissions value for a CORSIA eligible fuel (in gCO2e/MJ) and LC = Life cycle emissions values for a conventional aviation fuel, equal to 89 gCO2e/MJ for jet fuel and equal to 95 gCO2e/MJ for AvGas.

    1.2    For each of the CORSIA eligible fuels claimed, the total mass of the neat CORSIA eligible file claimed in the given year Y needs to be multiplied by its emissions reduction factor (ERFf). Then the quantities are summed up for all CORSIA eligible fuels.

    1.3    In order to use the value for both Default Life Cycle Emissions value and Actual Life Cycle Emissions value when used for the calculation of CORSIA eligible fuels, the aeroplane operator shall approach CAAB for the values to be used.

    1.4    If an Actual Life Cycle Emissions value is used, then an approved Sustainability Certification Scheme shall ensure that the methodology used for calculating Actual Life Cycle Emissions values has been applied correctly.

2.    Total Final CO2 Offsetting Requirements for a Given Compliance Period with Emissions Reductions from the Use of CORSIA Eligible Fuels:

    2.1    The amount of CO2 emissions required to be offset by the aeroplane operator, after taking into account emissions reductions from the use of CORSIA eligible fuels in a given year from 1st January, 2021 to 31st December, 2035, shall be calculated by CAAB as follows—

        Aeroplane operator's total final offsetting requirements in the given compliance period = Aeroplane operator's total offsetting requirements in the given years of the compliance period – Emissions reductions from the use of CORSIA eligible fuels in the given years of the compliance period.

    2.2    If the aeroplane operator’s total final offsetting requirements during a compliance period is zero or negative, then the aeroplane operator has no offsetting requirements for that compliance period. However, the negative offsetting requirements shall not be carried forward to subsequent compliance periods.

    2.3    The aeroplane operator’s total final offsetting requirements during a compliance period shall be rounded up to the nearest tonne of CO2.

    2.4    After calculating the final offsetting requirements for a given compliance period of each of the aeroplane operators, CAAB will inform the aeroplane operator of their final offsetting requirements individually within the stipulated timeline.

    2.5    The aeroplane operator shall then meet their offsetting requirements through CORSIA Eligible Emissions Units.

CHAPTER – 6: EMISSIONS UNITS.

1.    Applicability of Emissions Units:

    1.1    The requirements of this chapter shall be applicable to an aeroplane operator who has to demonstrate compliance against its offsetting requirements by purchasing CORSIA Eligible Emissions Units.

2.    Cancelling CORSIA Eligible Emissions Units:

    2.1    The aeroplane operator shall meet its offsetting requirements by cancelling CORSIA Eligible Emissions Units in a quantity equal to the sum of its final offsetting requirements for a given compliance period. The CORSIA Eligible Emissions Units are those units which meet the ICAO approved CORSIA Emissions Unit Eligibility Criteria and can be used for demonstrating compliance to meet its offsetting requirements under CORISA.

    2.2    To fulfil the provisions of paragraph 2.1 above, the aeroplane operator shall—

        (a)    Cancel such CORSIA Eligible Emissions Units within a registry designated by a CORSIA Eligible Emissions Unit Programme within the stipulated timeline, and

        (b)    Request each CORSIA Eligible Emissions Unit Programme registry to make visible on the registry’s public website, information regarding cancelled CORSIA Eligible Emissions Units for a given compliance period of each aeroplane operator. Such information for each cancelled CORSIA Eligible Emissions Unit shall include the consolidated identifying information such as quantity of emissions units cancelled, Start of serial numbers, End of serial numbers, date of cancellation, Eligible emissions unit programme, Unit type, Host country, Methodology, Demonstration of unit date eligibility and aeroplane operator in whose name the units were cancelled.

    2.3    "Cancel" means the permanent removal and single use of a CORSIA Eligible Emissions Unit within a CORSIA Eligible Emissions Unit Programme designated registry such that the same emissions unit may not be used more than once. This is sometimes also referred to as "retirement", "cancelled", "cancelling" or "cancellation".

3.    Reporting Emissions Unit Cancellation:

    3.1    To meet its final offsetting requirements for a given compliance period, the aeroplane operator shall report to CAAB, the cancellation of CORSIA Eligible Emissions Units carried out, by submitting to CAAB a copy of the verified Emissions Unit Cancellation Report for approval and a copy of the associated Verification Report.

    3.2    The Emissions Unit Cancellation Report shall contain information such as quantity of emissions units cancelled, Start of serial numbers, End of serial numbers, date of cancellation, Eligible emissions unit programme, Unit type, Host country, Methodology, Demonstration of unit date eligibility, Programme-designated registry name, Unique identifier for registry account to which the batch was cancelled and aeroplane operator in whose name the units were cancelled and shall be submitted to CAAB within the stipulated timeline.

    3.3    Once the information pertaining to emissions Units for a given compliance period is submitted to ICAO, CAAB may publish the following information for a given compliance period—

        a)    Total final offsetting requirements over the compliance period for each aeroplane operators, and

        b)    Total quantity of emissions units cancelled over the compliance period by each aeroplane operator to reconcile the total final offsetting requirements, as reported by each aeroplane operator.

4.    Verification of an Aeroplane Operator’s Emissions Unit Cancellation Report:

    4.1    The aeroplane operator shall engage a verification body for the verification of its Emissions Unit Cancellation Report. The aeroplane operator may choose to use the same verification body engaged for the verification of its Emissions Report earlier.

    4.2    Details about a verification body and its relevant requirements are mentioned in Chapter-7 of this Regulation.

    4.3    The aeroplane operator shall provide access to the verification body for all relevant information on the cancellation of emissions units.

    4.4    The aeroplane operator and the verification body shall both independently submit a copy of the Emissions Unit Cancellation Report and associated Verification Report to CAAB within the stipulated timeline, following the verification of the Emissions Unit Cancellation Report by the verification body.

CHAPTER – 7: VERIFICATION BODY AND NATIONAL ACCREDITATION BODY.

1.    Verification Body and National Accreditation Body:

    1.1    The aeroplane operator shall engage a verification body for the verification of its annual Emissions Report.

    1.2    A verification body shall conduct the verification according to ISO 14064-3:2006, and the relevant requirements in Annex 16, Volume IV, Appendix 6 Section 3.

    1.3    A verification body shall be accredited to ISO 14065:2013 and the relevant requirements in Annex 16, Volume IV, Appendix 6 Section 2 by a national accreditation body, in order to be eligible to verify the Emissions Report of an aeroplane operator.

    1.4    A national accreditation body shall be working in accordance with ISO/IEC 17011:2004.

    1.5    An operator may also engage a verification body accredited in other State for verification of CORSIA related tasks.

    1.6    The verification body shall also possess sufficient knowledge of aviation industry and associated Greenhouse Gas inventory and the verification body.

    1.7    A verification body can approach CAAB for their further training in order to qualify as a verifier under CORSIA.

    1.8    The verification bodies to be empanelled with CAAB should be third party verification bodies accredited as per ISO 14065 for CORSIA scheme by Botswana Bureau of Standards.

    1.9    CAAB will give provisional approval to verification bodies in case they have applied for BOBS accreditation. However, verification bodies have to ensure that they are accredited within six months of application.

ANNEXURE – I

1.    Administrative partnership: Delegation of administering tasks in this Regulation from one State to another State(s).

2.    Aerodrome: 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.

3.    Aerodrome pair: A group of two aerodromes composed of a departing aerodrome and an arrival aerodrome.

4.    Aeroplane: A power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

5.    Aeroplane owner: Person(s), organisation(s) or enterprise(s) identified via Item 4 (Name of owner) and Item 5 (Address of owner) on the certificate of registration of an aeroplane.

6.    Air operator certificate (AOC): A certificate authorising an operator to carry out specified commercial air transport operations.

7.    Conversion process: A type of technology used to convert a feedstock into aviation alternative fuel.

8.    CORSIA eligible fuel: A CORSIA sustainable aviation fuel or a CORSIA lower carbon aviation fuel, which an operator may use to reduce their offsetting requirements.

9.    CORSIA lower carbon aviation fuel: A fossil-based aviation fuel that meets the CORSIA Sustainability Criteria under this Volume.

10.    CORSIA sustainable aviation fuel: A renewable or waste-derived aviation fuel that meets the CORSIA Sustainability Criteria under this Volume.

11.    Feedstock: A type of unprocessed raw material used for the production of aviation alternative fuel.

12.    Flight plan: Specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft.

13.    Fuel uplift: Measurement of fuel provided by the fuel supplier, as documented in the fuel delivery notes or invoices for each flight (in litre).

14.    Great Circle Distance: The shortest distance, rounded to the nearest kilometre, between the origin and the destination aerodromes, measured over the earth’s surface modelled according to the World Geodetic System 1984 (WGS84).

15.    International flights: An international flight is defined as the operation of an aircraft from take-off at an aerodrome of a contracting State or its territories, and landing at an aerodrome of another contracting State or its territories.

16.    National accreditation body: A body authorised by a State which attests that a verification body is competent to provide specific verification services.

17.    New entrant: Any aeroplane operator that commences an aviation activity falling within the scope of this Regulation on or after its entry into force and whose activity is not in whole or in part a continuation of an aviation activity previously performed by another aeroplane operator.

18.    Notifying State: The State that has submitted to ICAO the request for the registration of or change in the three-letter designator of an aeroplane operator over which it has jurisdiction.

19.    Operator: The person, organisation or enterprise engaged in or offering to engage in an aircraft operation.

20.    Pathway: A specific combination of feedstock and conversion process used for the production of aviation fuel.

21.    Reporting period: A period which commences on 1st January and finishes on 31st December in a given year for which an aeroplane operator or State reports required information. The flight departure time (UTC) determines which reporting period a flight belongs to.

22.    Significant changes to EMP: A significant change to EMP shall be one that would affect the status or eligibility of the aeroplane operator for an option under the emissions monitoring requirements or that would otherwise affect the decision by CAAB with regard to whether the aeroplane operator’s approach to monitoring conforms with the requirements.

23.    State pair: A group of two States composed of a departing State or its territories and an arrival State or its territories.

24.    Verification of report: An independent, systematic and sufficiently documented evaluation process of an emissions report and, when required, a cancellation of eligible emissions units report.

25.    Verification body: A legal entity that performs the verification of an Emissions Report and, when required, an Emissions Units Cancellation Report, as an accredited independent third party.

26.    Verification team: A group of verifiers, or a single verifier that also qualifies as a team leader, belonging to a verification body conducting the verification of an Emissions Report and, when required, an Emissions Units Cancellation Report. The team can be supported by technical experts.

27.    Verification report: A document, drafted by the verification body, containing the verification statement and required supporting information.

ANNEXURE – II

ABBREVIATIONS AND UNITS

Following is the list of abbreviations and symbols units used in this regulation. These abbreviations and units have the meanings as ascribed to them below—

Abbreviations

Meaning

ACARS

Aircraft Communications Addressing and Reporting System

AOC

Air operator certificate

CERT

ICAO’s CO2 Estimation and Reporting Tool

CO2

Carbon dioxide

CO2e

Carbon dioxide equivalent

CORSIA

Carbon Offsetting and Reduction Scheme for International Aviation

GHG

Greenhouse gases

IAF

International Accreditation Forum

IEC

International Electrotechnical Commission

ISO

International Organisation for Standardisation

MRV

Monitoring, Reporting and Verification

MJ

Mega joule

RTK

Revenue Tonne Kilometres

Non-SI units:

The non-SI units listed below shall be used either in lieu of, or in addition to, SI units as primary units of measurement under this Regulation.

Specific quantity

Unit

Symbol

Definitions
(in terms of SI units)

Mass

Tonne

t

1t = 103 kg

Time

Hour

h

1 h = 60 min = 3600 sec

Volume

Litre

L

1 L = 1 dm3/ = 103

 

CIVIL AVIATION (AIR TRAFFIC SERVICES) REGULATIONS

(section 89)

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Provisions

    4.    Air Navigation Services Provider Certificate

    5.    Establishment of air traffic services provider

    6.    Objectives of air traffic services

    7.    Divisions of air traffic services

    8.    Determination of need for air traffic services

    9.    Designation of portions of airspace and controlled aerodromes where air traffic services are provided

    10.    Classification of air spaces

    11.    Performance-Based Navigation (PBN) operations

    12.    Performance-Based Communication (PBC) operations

    13.    Performance-Based Surveillance (PBS) operations

    14.    Establishment and designation of units providing air traffic services

    15.    Specifications for flight information regions, control areas and control zones

    16.    Flight information regions or control areas in upper airspace

    17.    Control zones

    18.    Identification of air traffic services units and air spaces

    19.    Establishment and identification of ATS routes

    20.    Establishment of change-over points

    21.    Establishment and identification of significant points

    22.    Establishment and identification of standard routes of taxiing aircrafts

    23.    Co-ordination between operator and air traffic services

    24.    Co-ordination between military authorities and air traffic services

    25.    Co-ordination of activities potentially hazardous to civil aircraft

    26.    Aeronautical data

    27.    Co-ordination between meteorological and air traffic services providers

    28.    Co-ordination between aeronautical information services and air traffic services

    29.    Minimum flight altitudes

    30.    Service to aircraft in event of emergency

    31.    In-flight contingencies, strayed and unidentified aircraft

    32.    Interception of civil aircraft

    33.    Time in air traffic services

    34.    Establishment of requirements for carriage and operation of pressure-altitude reporting transponders

    35.    Safety management

    36.    Prescriptive fatigue management

    37.    Horizontal reference system

    38.    Vertical reference system

    39.    Temporal reference system

    40.    Language proficiency

    41.    Contingency arrangements

    42.    Identification and delineation of prohibited, restricted and danger areas

    43.    Instrument flight procedure design service

PART III
Air Traffic Control Service

    44.    Application of air traffic control service

    45.    Provision of air traffic control service

    46.    Operation of air traffic control service

    47.    Separation minima

    48.    Responsibility for control

    49.    Place or time of transfer

    50.    Co-ordination of transfer

    51.    Air traffic control clearances

    52.    Contents of clearances

    53.    Clearances for transonic flight

    54.    Read-back of clearances and safety-related information

    55.    Co-ordination of clearances

    56.    Air traffic flow management

    57.    Control of persons and vehicles at aerodromes

    58.    Provision of radar and ADS-B

    59.    Use of surface movement radar

PART IV
Flight Information Service

    60.    Application of flight information service

    61.    Scope of flight information service

    62.    Application of operational flight information service broadcasts

    63.    High Frequency operational flight information service broadcasts

    64.    VHF operational flight information service broadcasts

    65.    Voice-Automatic Terminal Information Service broadcasts

    66.    Data link-Automatic Terminal Information Service

    67.    Automatic Terminal Information Service (voice or data link)

    68.    Automatic Terminal Information Service for arriving and departing aircraft

    69.    Automatic Terminal Information Service for arriving aircraft

    70.    Automatic Terminal Information Service for departing aircraft

    71.    VOLMET broadcasts and D-VOLMET service

PART V
Alerting Service

    72.    Application of alerting service

    73.    Notification of rescue coordination centre

    74.    Use of communication facilities

    75.    Plotting aircraft in state of emergency

    76.    Information to operator

    77.    Information to aircraft operating in vicinity of aircraft in state of emergency

PART VI
Air Traffic Services Requirements for Communications

    78.    Aeronautical mobile service (air-ground communications)

    79.    General application of aeronautical fixed service (ground-ground communications)

    80.    Communications between air traffic services units

    81.    Communications between air traffic services units and other units

    82.    Description of communication facilities

    83.    Communications between flight information regions

    84.    Procedures for direct-speech communications

    85.    Communications for control of vehicles other than aircraft on manoeuvring areas at controlled aerodromes

    86.    Recording and storage of aeronautical data

PART VII
Air Traffic Services Requirements for Information

    87.    General meteorological information

    88.    Flight information centres and area control centres

    89.    Units providing approach control services

    90.    Aerodrome control towers

    91.    Communication stations

    92.    Information on aerodrome conditions and operational status of associated facilities

    93.    Information on operational status of navigation services

    94.    Information on unmanned free balloons

    95.    Information concerning volcanic activity

    96.    Information concerning radioactive materials and toxic chemical "clouds"

    97.    Requirements for application for exemption

    98.    Review and publication

    99.    Evaluation of request

PART VIII
Miscellaneous Provisions

    100.    Contravention of Regulations

    101.    Appeals to Appeals Tribunal

    102.    Offences

    103.    Transitional

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

 

S.I. 60, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Air Traffic Services) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accident" means an occurrence associated with the operation of an aircraft which, in the case of—

    (a)    a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked; or

    (b)    an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

        (i)    a person is fatally or seriously injured as a result of—

            (aa)    being in the aircraft;

            (bb)    direct contact with any part of the aircraft, including a part which has become detached from the aircraft; or

            (cc)    direct exposure to jet blast,

            except where the injury is from a natural cause, self-inflicted or inflicted by another person, or where the injury is due to a stowaway hiding outside an area normally available to passengers and crew,

        (ii)    the aircraft sustains damage structural failure which—

            (aa)    adversely affects the structural strength, performance or flight characteristics of the aircraft; and

            (bb)    would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, small dents or puncture holes, the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the radome; or

            (cc)    the aircraft is missing or is completely inaccessible;

    "advisory airspace" means an airspace of defined dimensions, or designated route, within which an air traffic advisory service is available;

    "advisory route" means a designated route along which an air traffic advisory service is available;

    "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 control service" means an air traffic control service for aerodrome traffic;

    "aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic;

    "aerodrome traffic" means traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

    "aeronautical fixed service (AFS)" means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;

    "Aeronautical Information Publication (AIP)" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

    "aeronautical mobile service" means a mobile service between an aeronautical station and an aircraft station, or between an aircraft station, in which survival craft stations may participate, emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;

    "aeronautical telecommunications station" means a station in the aeronautical telecommunication service;

    "Airborne Collision Avoidance System (ACAS)" means an aircraft system based on Secondary Surveillance Radar (SSR) transponder signals which operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircrafts that are equipped with SSR transponders;

    "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;

    "air-ground communication" means a two-way communication between an aircraft and a station or location on the surface of the earth;

    "AIRMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en route weather phenomena which may affect the safety of low-level aircraft operations and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;

    "air traffic" means an aircraft in flight or operating on the manoeuvring area of an aerodrome;

    "air traffic advisory service" means a service provided within an advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;

    "ATC" means Air Traffic Control;

    "air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;

    "air traffic controller schedule" means a plan for allocating air traffic controller duty periods and non-duty periods over a period of time, otherwise referred to as a roster;

    "air traffic control service (ATS)" means a service provided—

    (a)    for the purpose of preventing collisions between aircrafts;

    (b)    on the manoeuvring area between aircraft and obstructions; and

    (c)    for the purpose of expediting and maintaining an orderly flow of air traffic;

    "air traffic control unit" means a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;

    "air traffic flow management (ATFM)" means a service established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible and that the traffic volume is compatible with the capacities declared by the appropriate ATS authority;

    "air traffic service" 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);

    "air traffic services reporting office" means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

    "air traffic services unit" means a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;

    "airway" means a control area or portion thereof established in the form of a corridor;

    "ALERFA" means the code word used to designate an alert phase;

    "alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;

    "alert phase" means a situation wherein apprehension exists as to the safety of an aircraft and its occupants;

    "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;

    "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

    "Appeals Tribunal" means the Appeals Tribunal established under section 79 of the Act;

    "approach control service" means air traffic control service for arriving or departing controlled flights;

    "approach control unit" means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;

    "appropriate ATS authority" means the relevant authority designated by the State responsible for providing air traffic services in the airspace concerned;

    "apron" means a defined area on a land aerodrome, intended to accommodate an aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

    "apron management service" means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;

    "area control centre" means a unit established to provide air traffic control service to a controlled flight in a control area under the unit’s jurisdiction;

    "area control service" means air traffic control service for a controlled flight in a control area;

    "area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground or space-based navigation aids or within the limits of the capability of self- contained aids, or a combination of these;

    "area navigation route" means an ATS route established for the use of an aircraft capable of employing area navigation;

    "ATS route" means a specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services;

    "Automatic Dependent Surveillance-Broadcast (ADS-B)" means a means by which an aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;

    "Automatic Dependent Surveillance-Contract (ADS-C)" means a means by which the terms of an ADS-C agreement is exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;

    "Automatic Terminal Information Service (ATIS)" means the automatic provision of current routine information to an arriving or departing aircraft throughout 24 hours or a specified portion thereof;

    "base turn" means a turn executed by an aircraft during the initial approach between the end of the outbound track and the beginning of the intermediate or final approach track;

    "calendar" means a discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day;

    "change-over point" means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omni-directional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

    "clearance limit" means the point to which an aircraft is granted an air traffic control clearance;

    "conference communications" means communication facilities whereby direct speech conversation may be conducted between three or more locations simultaneously;

    "control area" means a controlled airspace extending upwards from a specified limit above the earth;

    "controlled aerodrome" means an aerodrome at which air traffic control service is provided to aerodrome traffic;

    "controlled airspace" means an airspace of defined dimensions within which an air traffic control service is provided in accordance with the airspace classification;

    "controlled flight" means any flight which is subject to an air traffic control clearance;

    "Controller-Pilot Data Link Communications (CPDLC)" means a means of communication between a controller and a pilot, using data link for ATC communications;

    "control zone" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;

    "cruising level" means a level maintained during a significant portion of a flight;

    "danger area" means an airspace of defined dimensions within which an activity dangerous to a flight of aircraft may exist at a specified time;

    "Data link-Automatic Terminal Information Service (D-ATIS)" means the provision of ATIS through data link;

    "data link communications" means a form of communication intended for the exchange of messages via a data link;

    "Data-link VOLMET (D-VOLMET)" means provision of current aerodrome routine meteorological reports and aerodrome special meteorological reports, aerodrome forecasts, SIGMET, special air-reports not covered by a SIGMET and where available, AIRMET via data link;

    "datum" means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;

    "declared capacity" means a measure of the ability of the ATC system or any of it’s subsystems or operating positions to provide a service to an aircraft during normal activities and is expressed as the number of aircrafts entering a specified portion of an airspace in a given period of time, taking due account of weather, ATC unit configuration, staff and equipment available, and any other factor that may affect the workload of the controller responsible for the airspace;

    "DETRESFA" means the code word used to designate a distress phase;

    "distress phase" means a situation where there is reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger or require immediate assistance;

    "downstream clearance" means a clearance issued to an aircraft by an air traffic control unit that is not the current controlling authority of that aircraft;

    "duty" means any task that an air traffic controller is required by the air traffic services provider to perform and these tasks include those performed during time-in-position, administrative work and training;

    "duty period" means a period which starts when an air traffic controller is required by an air traffic service provider to report for or to commence a duty and ends when an air traffic controller is free from all duties;

    "emergency phase" means a generic term meaning uncertainty phase, alert phase or distress phase;

    "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;

    "Fatigue Risk Management System (FRMS)" means a data-driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles, knowledge and operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;

    "final approach" means that part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified—

    (a)    at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; or

    (b)    at the point of interception of the last track specified in the approach procedure; and

    (c)    ends at a point in the vicinity of an aerodrome from which—

        (i)    a landing can be made, or

        (ii)    a missed approach procedure is initiated;

    "flight information centre" means a unit established to provide flight information service and alerting service;

    "flight information region" means an airspace of defined dimensions within which flight information service and alerting service are provided;

    "flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

    "flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

    "flight plan" means specified information provided to an air traffic service unit, relative to an intended flight or portion of a flight of an aircraft;

    "forecast" means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of an airspace;

    "gregorian calendar" means the calendar in general use, first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar;

    "height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

    "human factor principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

    "instrument flight procedure design service" means a service established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation;

    "Instrument Flight Rules (IFR)" means the symbol used to designate the Instrument Flight Rules;

    "IFR flight" means a flight conducted in accordance with the Instrument Flight Rules;

    "INCERFA" means a code word used to designate an uncertainty phase;

    "incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;

    "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;

    "integrity classification (aeronautical data)" means classification based upon the potential risk resulting from the use of corrupted data classified as—

    (a)    routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    (b)    essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; and

    (c)    critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    "international NOTAM office" means an office designated by the Authority for the exchange of NOTAM internationally;

    "level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;

    "manoeuvring area" means that part of an aerodrome to be used for the take-off, landing or taxiing of an aircraft, excluding an apron;

    "meteorological office" means an office designated to provide meteorological service for international air navigation;

    "movement area" means that part of an aerodrome to be used for the take-off, landing or taxiing of an aircraft, consisting of the manoeuvring area and the apron;

    "navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace. There are two kinds of navigation specifications—

    (a)    "Required Navigation Performance (RNP) specification" means a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, such as RNP 4, RNP APCH; and

    (b)    area navigation (RNAV) specification" means a navigation specification based on an area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, such as RNAV 5, RNAV 1;

    "night" means the time between 30 minutes after sunset and 30 minutes before sunrise, sunset and sunrise being determined at surface level;

    "non-duty period" means a continuous and defined period of time, subsequent to, or prior to duty periods, during which the air traffic controller is free of his or her duties;

    "NOTAM" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;

    "obstacle" means a fixed, whether temporary or permanent, or mobile object, or part thereof, that—

    (a)    is located on an area intended for the surface movement of an aircraft;

    (b)    extends above a defined surface intended to protect aircraft in flight; or

    (c)    stands outside the defined surfaces, and that have been assessed as being a hazard to air navigation;

    "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

    "Performance-Based Navigation (PBN)" means an area navigation based on performance requirements for an aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;

    "Performance-Based Communication (PBC)" means communication based on performance specifications applied to the provision of air traffic services;

    "Performance-Based Surveillance (PBS)" means surveillance based on performance specifications applied to the provision of air traffic services;

    "printed communications" means communications which automatically provide a permanent printed record at each terminal of a circuit of messages which pass over such circuit;

    "prohibited area" means airspace of defined dimensions, above the land area or territorial waters of a State, within which the flight of an aircraft is prohibited;

    "radio navigation service" means a service providing guidance information or position data for the efficient and safe operation of an aircraft supported by one or more radio navigation aid;

    "radiotelephony" means a form of radio communication primarily intended for the exchange of information in the form of speech;

    "reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;

    "Required Communication Performance (RCP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support Performance-Based Communication;

    "Required Surveillance Performance (RSP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support Performance-Based Surveillance;

    "rescue coordination centre" means a unit responsible for promoting efficient organisation of search and rescue services and for co-ordinating the conduct of search and rescue operations within a search and rescue region;

     "restricted area" means an airspace of defined dimensions, above the land area or territorial waters of Botswana, within which the flight of an aircraft is restricted in accordance to certain specified conditions;

    "runway" means a defined rectangular area on a land aerodrome prepared for the landing or take-off of an aircraft;

    "Runway Visual Range (RVR)" means the range over which a 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;

    "safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

    "SIGMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en route weather and other phenomena in the atmosphere that may affect the safety of aircraft operations;

    "significant point" means a specified geographical location used in defining an ATS route or the flight path of an aircraft and for other navigation and ATS purposes;

    "special VFR flight" means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC or at night;

    "state safety programme" means an integrated set of regulations and activities aimed at improving safety;

    "strayed aircraft" means an aircraft which has deviated significantly from its intended track or which reports that it is lost;

    "taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off or landing;

    "terminal control area" means a control area normally established at the confluence of ATS routes in the vicinity of one or more major aerodromes;

    "time-in-position" means the period of time when an air traffic controller is exercising the privileges of the air traffic controller’s licence at an operational position;

    "track" means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from north (true, magnetic or grid);

    "traffic avoidance advice" means advice provided by an air traffic service unit specifying manoeuvers to assist a pilot to avoid a collision;

    "traffic information" means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight, and to help the pilot avoid a collision;

    "transfer of control point" means a defined point located along the flight path of an aircraft, at which the responsibility for providing air traffic control service to the aircraft is transferred from one control unit or control position to the next;

    "transferring control unit" means an air traffic control unit in the process of transferring the responsibility for providing air traffic control service to an aircraft to the next air traffic control unit along the route of flight;

     "uncertainty phase" means a situation where uncertainty exists as to the safety of an aircraft and its occupants;

    "unidentified aircraft" means an aircraft which has been observed or reported to be operating in a given area but whose identity has not been established;

     "Visual Flight Rules (VFR)" means the symbol used to designate the Visual Flight Rules;

    "VFR flight" means a flight conducted in accordance with the 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;

    "Voice-Automatic Terminal Information Service (Voice-ATIS)" means provision of ATIS by means of a continuous and repetitive voice broadcast; and

    "VOLMET" means meteorological information for aircraft in flight.

3.    Application

    These Regulations shall apply to any person providing air traffic services within a designated air space and at an aerodrome registered in Botswana.

PART II
General Provisions (regs 4-43)

4.    Air Navigation Services Provider Certificate

    A person who wishes to provide air traffic services shall have an Air Navigation Services Provider Certificate issued in accordance with the Civil Aviation (Air Navigation Services) Regulations (Cap. 71:01 (Sub. Leg.)).

5.    Establishment of air traffic services provider

    (1) The Authority shall determine, those portions of an airspace and those aerodromes where air traffic services shall be provided including territories over which the Authority has jurisdiction.

    (2) Air traffic services shall be provided in accordance with these Regulations, except that by mutual agreement, the Authority may delegate to another State the responsibility for establishing and providing air traffic services in flight information regions, control areas or control zones extending over the territory of Botswana.

    (3) The portion of the airspace of undetermined sovereignty where air traffic services are provided shall be determined on the basis of a regional air navigation agreement.

    (4) Where Botswana has accepted the responsibility to provide air traffic services in such portions of airspace referred to under subregulation (3), the Authority shall arrange for such services to be established and provided in accordance with these Regulations.

    (5) Where it has been determined that air traffic services will be provided, the Authority shall designate the air navigation services provider to be responsible for providing such services.

    (6) Where air traffic services are established, information shall be published in the AIP, as necessary to permit the utilisation of such services.

6.    Objectives of air traffic services

    The objectives of the air traffic services shall be to—

    (a)    prevent collisions between aircraft;

    (b)    prevent collisions between aircraft on the manoeuvring area and obstructions on that area;

    (c)    expedite and maintain an orderly flow of air traffic;

    (d)    provide advice and information useful for the safe and efficient conduct of flights; and

    (e)    notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.

7.    Divisions of air traffic services

    Air traffic services provided for the purpose of these Regulations shall comprise of the—

    (a)    air traffic control service;

    (b)    area control service;

    (c)    approach control service;

    (d)    aerodrome control service;

    (e)    flight information service; and

    (f)    alerting service.

8.    Determination of need for air traffic services

    (1) The need for the provision of air traffic services shall be determined by consideration of the following—

    (a)    the types of air traffic involved;

    (b)    the density of air traffic;

    (c)    the meteorological conditions; and

    (d)    such other factors as may be relevant.

    (2) The requirement for an aircraft to carry ACAS whilst flying in a given area shall not be considered as a factor in determining the need for air traffic services in that area.

9.    Designation of portions of airspace and controlled aerodromes where air traffic services are provided

    (1) Where it has been determined that air traffic services shall be provided in particular portions of an airspace or at a particular aerodrome, the portions of the airspace or the aerodromes shall be designated in relation to the air traffic services that are to be provided.

    (2) The designation of the particular portions of the airspace or aerodromes shall be—

    (a)    light information regions, portions of the airspace where it is determined that flight information service and alerting service will be provided, shall be designated as flight information regions;

    (b)    control areas and control zones—

        (i)    portions of the airspace where it is determined that air traffic control services are provided to IFR flights shall be designated as control areas or control zones,

        (ii)    portions of controlled airspace wherein it is determined that air traffic control services are also provided to VFR flights shall be designated as Classes B, C, or F airspace, and

        (iii)    where designated within a flight information region, control areas and control zones shall form part of that flight information region;

    (c)    controlled aerodromes and such aerodromes where it is determined that air traffic control services are provided to aerodrome traffic shall be designated as controlled aerodromes;

    (d)    reduced vertical separation minima airspace;

    (e)    a sector, if the Authority considers such a designation is necessary to facilitate the provision of air traffic services within the flight information region; and

    (f)    air traffic services routes and significant points along the routes.

    (3) The Authority may designate portions of the airspace as special use airspace if it considers such airspace necessary in the interest of safety or national security or for any other reasons in the public interest.

    (4) Subject to subregulation (3), a special use airspace may be designated as—

    (a)    restricted area;

    (b)    prohibited area;

    (c)    danger area;

    (d)    low flying zone; and

    (e)    flight training area.

    (5) The lateral limits of the airspaces designated under this regulation shall be defined by—

    (a)    WGS-84 geographical co-ordinates; or

    (b)    the prominent geographical lines, circles or any part of a circle of a specified radius or great circle between two points or a parallel of latitude.

    (6) The vertical limits of airspaces designated under these Regulations shall be defined by heights, altitudes or flights levels.

    (7) The Authority shall publish the designation of particular portions of the airspace in the relevant aeronautical publications.

10.    Classification of airspaces

    (1) The Authority shall classify designated controlled airspace as set out in Schedule 1.

    (2) The Authority shall select airspace classes in accordance with the needs of the State.

    (3) The requirements for flights within each class of airspace shall be as set out in the table in Schedule 1.

11.    Performance-Based Navigation (PBN) operations

    (1) The navigation specifications for PBN within the Gaborone Flight Information Region shall be in accordance with subregulation (2).

    (2) PBN specifications shall be as follows—

    (a)    RNAV 5 and RNAV 2 for en route continental ATS routes;

    (b)    RNAV 1 and RNP 1 for terminal area arrival or departure; and

    (c)    RNP APCH with (Bavo-RNAV), APV and LNAV for approach.

    (3) An ATS provider shall implement Performance-Based Navigation within designated airspaces and aerodromes in accordance with the set specifications.

12.    Performance-Based Communication (PBC) operations

    (1) The Authority shall determine RCP specifications when applying Performance-Based Communication (PBC).

    (2) Where applicable, the RCP specifications shall be determined on the basis of regional air navigation agreements.

    (3) The RCP specification shall be appropriate to the air traffic services provided in the Gaborone Flight Information Region.

13.    Performance-Based Surveillance (PSB) operations

    (1) The Authority shall determine RSP specifications when applying Performance-Based Surveillance (PBS).

    (2) Where applicable, the RSP specification shall be determined on the basis of regional air navigation agreements.

    (3) The RSP specification shall be appropriate to the air traffic services provided.

    (4) The ATS units shall be provided with equipment capable of performance consistent with the RSP specifications where applicable.

14.    Establishment and designation of units providing air traffic services

    The air traffic services shall be provided by units established and designated as follows—

    (a)    flight information established to provide flight information service and alerting service within flight information regions, unless the responsibility of providing such services within a flight information region is assigned to an air traffic control unit having adequate facilities for the discharge of such responsibility; or

    (b)    air traffic control units established to provide air traffic control services, flight information service and alerting service within control areas, control zones and at controlled aerodromes.

15.    Specifications for flight information regions, control areas and control zones

    (1) The delineation of airspace, wherein air traffic services are to be provided, shall be related to the nature of the route structure and the need for efficient service rather than to national boundaries.

    (2) A flight information region shall—

    (a)    be delineated to cover the whole of the air route structure to be served by such regions; and

    (b)    include all airspace within the flight information region’s lateral limits except as limited by an upper flight information region.

    (3) Where a flight information region is limited by an upper flight information region, the lower limit specified for the upper flight information region shall constitute the upper vertical limit of the flight information region and shall coincide with a VFR cruising level of the tables as set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations (Cap. 71:01 (Sub. Leg.)).

    (4) A control area including, inter alia, airways and terminal control areas, shall be delineated so as to encompass sufficient airspace to contain the flight paths of IFR flights or portions thereof to which it is desired to provide the applicable parts of the air traffic control service, taking into account the capabilities of the navigation aids normally used in that area.

    (5) A lower limit of a control area shall be established at a height above the ground or water of not less than 200 m (700 ft).

    (6) The lower limit of a control area shall, when practicable and desirable in order to allow freedom of action for VFR flights below the control area, be established at a greater height than the minimum specified in subregulation (5).

    (7) When the lower limit of a control area is above 900 m (3 000 ft) Mean Sea Level (MSL) it shall coincide with a VFR cruising level of the table as set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations.

    (8) An upper limit of a control area shall be established when either—

    (a)    air traffic control service is not provided above such upper limit; or

    (b)    the control area is situated below an upper control area, in which case the upper limit shall coincide with the lower limit of the upper control area.

    (9) When established, such upper limit shall coincide with a VFR cruising level of the table set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations.

16.    Flight information regions or control areas in upper airspace

    Where it is desirable to limit the number of flight information regions or control areas through which a high flying aircraft would otherwise have to operate, a flight information region or control area, as appropriate, shall be delineated to include the upper airspace within the lateral limits of a number of lower flight information regions or control areas.

17.    Control zones

    (1) The lateral limits of a control zone shall encompass at least portions of the airspace, which are not within control areas, containing the paths of IFR flights arriving at and departing from aerodromes to be used under Instrument Meteorological Conditions.

    (2) The lateral limits of a control zone shall extend to at least 9.3 km (5 NM) from the centre of the aerodrome concerned in the directions from which approaches may be made.

    (3) Where a control zone is located within the lateral limits of a control area, the control zone shall extend upwards from the surface of the earth to at least the lower limit of the control area.

    (4) Where a control zone is located outside the lateral limits of a control area, an upper limit shall be established.

    (5) Where it is desired to establish the upper limit of a control zone at a level higher than the lower limit of the control area established above it, or where the control zone is located outside of the lateral limits of a control area, the control zone’s upper limit shall be established at a level which can easily be identified by a pilot.

    (6) Where the limit under subregulation (5) is above 900 m (3 000 ft) Mean Sea Level it shall coincide with a VFR cruising level as set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations.

18.    Identification of air traffic services units and airspaces

    (1) An area control centre or flight information centre shall be identified by the name of a nearby town or city or geographic feature.

    (2) An aerodrome control tower or approach control unit shall be identified by the name of the aerodrome at which it is located.

    (3) A control zone, control area or flight information region shall be identified by the name of the unit having jurisdiction over such airspace.

19.    Establishment and identification of ATS routes

    (1) When an ATS route is established, a protected airspace along each ATS route and a safe spacing between adjacent ATS routes shall be provided.

    (2) When warranted by density, complexity or nature of the traffic, a special route shall be established for use by low-level traffic, including helicopters.

    (3) When determining the lateral spacing between routes under subregulation (2), account shall be taken of the navigational means available and the navigation equipment carried on board helicopters.

    (4) An ATS route shall be identified by a designator.

    (5) A designator for an ATS route other than a standard departure and arrival route shall be selected in accordance with the principles set out in Schedule 2.

    (6) Standard departure and arrival routes and associated procedures shall be identified in accordance with the principles set out in Schedule 3.

20.    Establishment of change-over points

    (1) Change-over points shall be established on ATS route segments defined by reference to very high frequency omni-directional radio ranges where this will assist accurate navigation along the route segments.

    (2) The establishment of change-over points shall be limited to route segments of 110 km (60 NM) or more, except where the complexity of ATS routes, the density of navigation aids or other technical and operational reasons warrant the establishment of change-over points on shorter route segments.

    (3) Unless otherwise established in relation to the performance of the navigation aids or frequency protection criteria, the change-over point on a route segment shall be the mid-point between the facilities in the case of a straight route segment or the intersection of radials in the case of a route segment which changes direction between the facilities.

21.    Establishment and identification of significant points

    (1) Significant points shall be established for the purpose of defining an ATS route or in relation to the requirements of air traffic services for information regarding the progress of aircraft in flight.

    (2) Significant points shall—

    (a)    be identified by designators; and

    (b)    be established and identified in accordance with the principles set out in Schedule 4.

22.    Establishment and identification of standard routes of taxiing aircrafts

    (1) Standard routes for taxiing aircraft shall be established on an aerodrome between runways, aprons and maintenance areas and such routes shall be direct, simple and where practicable, designed to avoid traffic conflicts.

    (2) Standard routes for taxiing aircraft shall be identified by designators distinctively different from those of the runways and ATS routes.

23.    Co-ordination between operator and air traffic services

    (1) An air traffic services unit shall have due regard for the requirements of the operators consequent on the air traffic services unit’s obligations as set out in Civil Aviation (Operation of Aircraft) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) The ATS units shall make available to the operators or the operator’s designated representatives such information as may be available to enable them or their designated representatives to carry out their responsibilities.

    (3) The ATS Units shall provide the operator or a designated representative whenever requested, with messages including position reports in so far as practicable in accordance with locally agreed procedures.

24.    Co-ordination between military authorities and air traffic services

    (1) An air traffic services authority shall establish and maintain close co-operation with military authorities responsible for activities that may affect flights of a civil aircraft.

    (2) Co-ordination of activities potentially hazardous to a civil aircraft shall be effected in accordance with regulation 25.

    (3) An arrangement shall be made to permit information relevant to the safe and expeditious conduct of flights of civil aircraft to be promptly exchanged between air traffic services units and appropriate military units.

    (4) The air traffic services unit shall in accordance with locally agreed procedures, provide appropriate military units with pertinent flight plan and other data concerning flights of civil aircraft.

    (5) The air traffic services authority shall designate any area or route where the requirements of Civil Aviation (Rules of the Air) Regulations concerning flight plans, two-way communications and position reporting apply to all flights to facilitate identification of civil aircraft.

    (6) Special procedures shall be established in order to ensure that—

    (a)    air traffic services units are notified if a military unit observes that an aircraft which is, or might be, a civil aircraft is approaching, or has entered, any area in which interception might become necessary; and

    (b)    all possible efforts are made to confirm the identity of the aircraft and to provide it with the navigational guidance necessary to avoid the need for interception.

25.    Co-ordination of activities potentially hazardous to civil aircraft

    (1) An arrangement for activities potentially hazardous to a civil aircraft, whether over the territory of Botswana or over the high seas, shall be co-ordinated with the appropriate air traffic services authorities.

    (2) The co-ordination shall be effected to permit timely promulgation of information regarding the activities in accordance with the Civil Aviation (Aeronautical Information Services) Regulations (Cap. 71:01 (Sub. Leg.)).

    (3) Where the appropriate ATS authority is not that of the State where the organisation planning the activities is located, initial co-ordination shall be effected through the ATS authority responsible for the airspace over the State where the organisation is located.

    (4) The objective of the co-ordination shall be to achieve the best arrangement which may avoid hazards to civil aircraft and minimise interference with the normal operations of such aircraft.

    (5) In determining the arrangements under subregulation (4), the appropriate ATS authority shall apply the following conditions—

    (a)    the location or area, time and duration for the activities shall be selected as far as possible in order to avoid closure or realignment of established ATS routes, blocking of the most economic flight levels, or delays of scheduled aircraft operations, unless no other options exist;

    (b)    the size of the airspace designated for the conduct of the activities shall be kept as small as possible; and

    (c)    direct communication between the appropriate ATS authority or air traffic services unit and the organisation or unit conducting the activities shall be provided for use in the event that civil aircraft emergencies or other unforeseen circumstances require discontinuation of the activities.

    (6) The appropriate ATS authority shall be responsible for initiating the promulgation of information regarding the activities.

    (7) Where an activity that is potentially hazardous to civil aircraft takes place on a regular or continuing basis, special committees shall be established as required to ensure that the requirements of all parties concerned are adequately co-ordinated.

    (8) Adequate steps shall be taken to prevent emission of laser beams from adversely affecting flight operations.

    (9) The Air Navigation Service Provider (ANSP) together with the military authorities, through the civil or military co-ordination arrangements, shall establish procedures providing for a flexible use of airspace reserved for military or other special activities in order to provide added airspace capacity and to improve efficiency and flexibility of aircraft operations.

    (10) The procedures under subregulation (9) shall permit all airspace users to have safe access to such reserved airspace.

    (11) The ANSP shall ensure that a safety risk assessment is conducted as soon as practicable, for activities potentially hazardous to a civil aircraft, and that appropriate risk mitigation measures are implemented.

    (12) The risk mitigation measures under subregulation (11) may include airspace restriction or temporary withdrawal of established ATS routes or portions thereof.

    (13) The Authority shall establish procedures to enable the organisation or unit conducting or identifying activities potentially hazardous to a civil aircraft to contribute to the safety risk assessment in order to facilitate consideration of relevant safety-significant factors.

26.    Aeronautical data

    (1) Determination and reporting of air traffic services-related aeronautical data shall be in accordance with the accuracy and integrity classification required to meet the needs of the end user of aeronautical data.

    (2) Digital data error detection technics shall be used during the transmission and or storage of aeronautical data and digital data sets.

27.    Co-ordination between meteorological and air traffic services providers

    (1) Meteorological and air traffic services providers shall make arrangements to ensure that an aircraft receives the most up-to-date meteorological information for aircraft operations.

    (2) The meteorological and air traffic services authority shall make an arrangement where necessary for air traffic personnel to—

    (a)    report if observed by an air traffic services personnel or communicated by aircraft, such other meteorological elements as may be agreed upon in addition to using indicating instruments;

    (b)    report as soon as possible to the associated meteorological office meteorological phenomena of operational significance, if observed by air traffic services personnel or communicated by aircraft, which have not been included in the aerodrome meteorological report; or

    (c)    report as soon as possible to the associated meteorological office pertinent information concerning pre-eruption volcanic activity, volcanic eruptions and information concerning volcanic ash cloud.

    (3) An area control centre or a flight information centre shall report the information under subregulation (2)(c) to the associated meteorological watch office and volcanic ash advisory centres.

    (4) The area control centre, flight information centre and associated meteorological watch office shall maintain close co-ordination to ensure that information on volcanic ash included in NOTAM and SIGMET messages is consistent.

28.    Co-ordination between aeronautical information services and air traffic services

    (1) An aeronautical information service and air traffic service responsible for air traffic services shall make an arrangement to ensure that aeronautical information services units obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information.

    (2) An arrangement shall be made between aeronautical information services and air traffic services responsible for air traffic services to report to the responsible aeronautical information services unit, with a minimum of delay—

    (a)    information on an aerodrome’s condition;

    (b)    the operational status of associated facilities, services and navigation aids within their area of responsibility;

    (c)    the occurrence of volcanic activity observed by air traffic services personnel or reported by aircraft; and

    (d)    any other information considered to be of operational significance.

    (3) The services responsible for changes to the air navigation system shall, before introducing any change, take due account of the time needed by the aeronautical information service for the preparation, production and issuance of relevant material for promulgation and to ensure timely provision of the information to the aeronautical information service, close co-ordination between those services concerned shall be required.

    (4) A change to aeronautical information that affects charts or computer-based navigation systems which qualify to be notified by the Aeronautical Information Regulation and Control (AIRAC) system, shall be as set out in the Civil Aviation (Aeronautical Information Services) Regulations.

    (5) Subject to subregulation (4), the predetermined, internationally agreed AIRAC effective dates in addition to 14 days postage time shall be observed by the responsible air traffic services when submitting the raw information or data to aeronautical information services.

    (6) The air traffic services responsible for the provision of raw aeronautical information or data to the aeronautical information services shall do so while taking into account accuracy and integrity requirements required to meet the needs of the end-user of aeronautical data.

29.    Minimum flight attitudes

    (1) The Authority shall determine and promulgate minimum flight altitudes for each Air Traffic Service route and control area.

    (2) The minimum flight altitudes determined under subregulation (1) shall provide a minimum clearance above the controlling obstacle located within the areas concerned.

30.    Service to aircraft in event of emergency

    (1) An aircraft known or believed to be in a state of emergency, including being subjected to unlawful interference, shall be given maximum consideration, assistance and priority over other aircraft as may be necessitated by the circumstances.

    (2) An aircraft equipped with an appropriate data link capability or an SSR transponder to indicate that the aircraft is in a state of emergency, shall operate the equipment as follows—

    (a)    on Mode A, Code 7700;

    (b)    on Mode A, Code 7500, to indicate specifically that it is being subjected to unlawful interference;

    (c)    activate the appropriate emergency or urgency capability of ADS-B or ADS-C; or

    (d)    transmit the appropriate emergency message via CPDLC.

    (3) Human factor principles shall be observed in communications between an ATS units and an aircraft in the event of an emergency.

    (4) The ATS unit shall attend promptly to requests by an aircraft when an occurrence of unlawful interference with the aircraft takes place or is suspected.

    (5) Information pertinent to the safe conduct of the flight as referred to under subregulation (4) shall be transmitted and the necessary action shall be taken to expedite the conduct of all phases of the flight, especially the safe landing of the aircraft.

    (6) The ATS unit in accordance with locally agreed procedures shall immediately inform the appropriate authority designated by the State and exchange necessary information with the operator or its designated representative when an occurrence of unlawful interference with an aircraft takes place or is suspected.

31.    In-flight contingencies, strayed and unidentified aircraft

    (1) An ATS unit shall take all necessary steps as outlined under subregulations (2) and (3) to assist strayed aircraft and to safeguard its flight as soon as the unit becomes aware of the strayed aircraft.

    (2) Where the aircraft’s position is not known, the air traffic services unit shall—

    (a)    attempt to establish a two-way communication with the aircraft, unless such communication already exists;

    (b)    use available means to determine its position;

    (c)    inform other ATS units into whose area the aircraft may have strayed or may stray, taking into account any factor which may have affected the navigation of the aircraft in the circumstances;

    (d)    inform, in accordance with a locally agreed procedure, appropriate military units and provide them with pertinent flight plan and other data concerning strayed aircraft; and

    (e)    request from the units referred to under paragraphs (c) and (d) and from other aircraft in flight every assistance in establishing communication with the aircraft and determining its position.

    (3) When the aircraft’s position is established, the air traffic services unit shall—

    (a)    advise the aircraft of its position and corrective action to be taken; and

    (b)    provide, as necessary, other ATS units and appropriate military units with relevant information concerning the strayed aircraft and any advice given to that aircraft.

    (4) Where an ATS unit becomes aware of an unidentified aircraft in its area, the air traffic services unit shall endeavour to establish the identity of the aircraft in accordance with locally agreed procedures.

    (5) Subject to subregulation (4) the ATS unit shall take the following steps—

    (a)    attempt to establish a two-way communication with the aircraft;

    (b)    inquire of other air traffic services units within the flight information region about the flight and request their assistance in establishing two-way communication with the aircraft;

    (c)    inquire of the ATS unit serving the adjacent flight information regions about the flight, and request the ATS’ unit assistance in establishing two-way communication with the aircraft; and

    (d)    attempt to obtain information from any other aircraft in the area.

    (6) The air traffic services unit shall, inform the appropriate military unit as soon as the identity of the aircraft has been established.

    (7) The appropriate State agency shall immediately be informed, in accordance with locally agreed procedures when the ATS unit considers that a strayed or unidentified aircraft may be the subject of an unlawful interference.

32.    Interception of civil aircraft

    (1) Where an ATS unit learns that an aircraft is being intercepted in its area of responsibility, the air traffic services unit shall take the following steps as are appropriate in the circumstances—

    (a)    attempt to establish two-way communication with the intercepted aircraft via any means available, including the emergency radio frequency 121.5 MHz, unless such communication already exists;

    (b)    inform the pilot of the intercepted aircraft of the interception;

    (c)    establish contact with the intercept control unit maintaining two-way communication with the intercepting aircraft and provide it with available information concerning the aircraft;

    (d)    relay messages between the intercepting aircraft or the intercept control unit and the intercepted aircraft, as necessary;

    (e)    in close co-ordination with the intercept control unit take all necessary steps to ensure the safety of the intercepted aircraft; and

    (f)    inform ATS units serving adjacent flight information regions if it appears that the aircraft has strayed from such adjacent flight information regions.

    (2) Where an ATS unit learns that an aircraft is being intercepted outside its area of responsibility, the air traffic services unit shall take the following steps as are appropriate in the circumstances—

    (a)    inform the ATS unit serving the airspace in which the interception is taking place, providing this unit with available information that will assist in identifying the aircraft and requesting it to take action in accordance with subregulation (1); and

    (b)    relay messages between the intercepted aircraft and the appropriate ATS unit, the intercept control unit or the intercepting aircraft.

33.    Time in air traffic services

    (1) An ATS unit shall use Coordinated Universal Time (UTC) and shall express the time in hours and minutes, and where required, seconds of the 24 hour day beginning at midnight.

    (2) An ATS unit shall be equipped with clocks indicating the time in hours, minutes and seconds, clearly visible from each operating position in the unit concerned.

    (3) The ATS unit clocks and other time recording devices shall be checked as necessary to ensure correct time to within plus or minus 30 seconds of UTC.

    (4) Wherever data link communications are utilised by an air traffic services unit, clocks and other time-recording devices shall be checked as necessary to ensure correct time to within one second of UTC.

    (5) The correct time shall be obtained from a standard time station or, if not possible, from another unit which has obtained the correct time from such station.

    (6) An aerodrome control tower shall, prior to an aircraft taxiing for take-off, provide the pilot with the correct time, unless arrangements have been made for the pilot to obtain it from other sources.

    (7) The ATS unit shall provide an aircraft with the correct time on request and time checks shall be given to the nearest half minute.

34.    Establishment of requirement for carriage and operation of pressure-altitude reporting transponders

    The Authority shall establish requirements for carriage and operation of pressure-altitude reporting transponders within defined portions of an airspace.

35.    Safety Management

    (1) An ATS provider shall establish a safety management system in accordance with the Civil Aviation (Safety Management) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) Any significant safety-related change to the ATS system, including the implementation of a reduced separation minimum or a new procedure, shall only be effected after a safety assessment has demonstrated that an acceptable level of safety will be met and users have been consulted.

    (3) The ATS provider, when appropriate, shall ensure that adequate provision is made for post-implementation monitoring to verify that the defined level of safety continues to be met.

36.    Prescriptive fatigue management

    (1) The Authority shall determine requirements for fatigue management for the purpose of managing fatigue in the provision of air traffic control services.

    (2) The requirements referred to under subregulation (1) are set out in Schedule 5.

    (3) The ATS provider, for the purposes of managing its fatigue-related safety risks, shall establish air traffic controller schedules commensurate with the services provided and in compliance with Schedule 5.

    (4) Where the air traffic services provider complies with scheduling limits in the provision of part or all of its air traffic control services under subregulation (3), the Authority shall—

    (a)    require evidence that the limitations are not exceeded and that non-duty period requirements are met;

    (b)    require an ATS provider to familiarise its personnel with the principles of fatigue management and its policies with regard to fatigue management;

    (c)    establish a process to allow variations from the applicable scheduling limits to address any additional risks associated with sudden, unforeseen operational circumstances; and

    (d)    where an air traffic services provider demonstrates that any associated risk is managed to a level of safety equivalent to, or better than, that achieved through the applicable scheduling limits, the Authority may approve variations to these limits in order to address strategic operational needs in exceptional circumstances.

37.    Horizontal reference system

    (1) The World Geodetic System-1984 shall be used as the horizontal-reference system for air navigation.

    (2) Reported aeronautical geographical co-ordinates indicating latitude and longitude shall be expressed in terms of the World Geodetic System-1984 geodetic reference datum.

38.    Vertical reference system

    Mean Sea Level datum, which gives the relationship of gravity-related height or elevation to a surface known as the geoids shall be used as the vertical reference system for air navigation.

39.    Temporal reference system

    (1) The Gregorian calendar and Coordinated Universal Time shall be used as the temporal reference system for air navigation.

    (2) Where a different temporal reference system is used, the temporal reference system shall be indicated in Part I, section 2.1.2 of the Aeronautical Information Publication.

40.    Language proficiency

    (1) An ATS provider shall ensure that an air traffic controller speaks and understands the languages used for radiotelephony communications as set out in the Civil Aviation (Personnel Licensing) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) The English language shall be used for communications between air traffic control units except when conducted in a mutually agreed language.

41.    Contingency arrangements

    (1) An ATS authority shall develop and promulgate contingency plans for implementation in the event of disruption, or potential disruption of air traffic services and related supporting services in the airspace for which they are responsible for the provision of such services.

    (2) The contingency plan shall be developed with the assistance of International Civil Aviation Organisation in co-ordination with the air traffic services authorities responsible for the provision of services in adjacent portions of airspace and with airspace users concerned.

42.    Identification and delineation of prohibited, restricted and danger areas

    (1) A prohibited, restricted or danger area shall upon initial establishment, be given identification and full details and be promulgated by the Authority.

    (2) The identification assigned shall be used to identify the area in all subsequent notifications pertaining to that area.

    (3) The identification shall be composed of a group of letters and figures as follows—

    (a)    nationality letters for location indicators assigned to the State or territory which has established the airspace;

    (b)    the letter—

        (i)    P for prohibited area,

        (ii)    R for restricted area, and

        (iii)    D for danger area,

as appropriate; and

    (c)    a number, unduplicated within the State or territory.

    (4) An identification number shall not be reused for a period of at least one year after cancellation of the area to which they refer to avoid confusion.

    (5) Where a prohibited, restricted or danger area is established, the area shall be as small as practicable and be contained within simple geometrical limits, so as to permit ease of reference by all concerned.

43.    Instrument flight procedure design service

    The Authority shall ensure that an instrument flight procedure design service is in place in accordance with the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations (Cap. 71:01 (Sub. Leg.)).

PART III
Air Traffic Control Service (regs 44-59)

44.    Application of air traffic control service

    An air traffic control service shall be provided to—

    (a)    IFR flights in airspace Classes A, B, C, D and E;

    (b)    VFR flights in airspace Classes B, C and D;

    (c)    special VFR flights; and

    (d)    aerodrome traffic at controlled aerodromes.

45.    Provision of air traffic control service

    The divisions of air traffic control service under regulation 7(1) shall be provided by the various units as follows—

    (a)    area control service by—

        (i)    an area control centre, or

        (ii)    the unit providing approach control service in a control zone or in a control area of limited extent which is designated primarily for the provision of approach control service, and where no area control centre is established; or

    (b)    approach control service by—

        (i)    an aerodrome control tower or area control centre when it is necessary or desirable to combine under the responsibility of one unit the functions of the approach control service with those of the aerodrome control service or the area control service, or

        (ii)    by an approach control unit when it is necessary or desirable to establish a separate unit; and

    (c)    aerodrome control service by an aerodrome control tower.

46.    Operation of air traffic control service

    (1) In order to provide air traffic control services, an air traffic control unit shall—

    (a)    be provided with information on the intended movement of each aircraft, or variations there from, and with current information on the actual progress of each aircraft;

    (b)    determine from the information received, the relative positions of known aircrafts to each other;

    (c)    issue clearances and information for the purpose of preventing collision between aircrafts under the air traffic control services' control and of expediting and maintaining an orderly flow of traffic; and

    (d)    co-ordinate clearances as necessary with other units—

        (i)    whenever an aircraft might otherwise conflict with traffic operated under the control of such other units, or

        (ii)    before transferring control of an aircraft to such other units.

    (2) Information on an aircraft’s movement, together with a record of air traffic control clearances issued to such aircraft, shall be so displayed as to permit ready analysis in order to maintain an efficient flow of air traffic with adequate separation between aircrafts.

    (3) Clearances issued by an air traffic control unit shall provide separation between—

    (a)    flights in airspace Classes A and B;

    (b)    IFR flights in airspace Classes C, D and E;

    (c)    IFR flights and VFR flights in airspace Class C;

    (d)    IFR flights and special VFR flights; and

    (e)    special VFR flights when so determined by the appropriate ATS authority.

    (4) A flight may be cleared without separation being provided in respect of a specific portion of the flight conducted in Visual Meteorological Conditions when requested by an aircraft and if so determined by the appropriate ATS authority for the cases listed under subregulation (3)(b) in airspace Classes D and E.

    (5) Separation by an air traffic control unit shall be obtained by at least one of the following—

    (a)    vertical separation, obtained by assigning different levels selected from—

        (i)    the appropriate table of cruising levels described in the Civil Aviation (Rules of the Air) Regulations, or

        (ii)    a modified table of cruising levels, when so determined in accordance with the Civil Aviation (Rules of the Air) Regulations or flight above FL 410, except that the correlation of levels to track as determined therein shall not apply whenever otherwise indicated in appropriate Aeronautical Information Publications or air traffic control clearances;

    (b)    horizontal separation, obtained by providing—

        (i)    longitudinal separation, by maintaining an interval between aircrafts operating along the same, converging or reciprocal tracks, expressed in time or distance, or

        (ii)    lateral separation, by maintaining aircraft on different routes or in different geographical areas; or

    (c)    composite separation, consisting of a combination of vertical separation and one of the other forms of separation contained under paragraph (b) using minima for each which may be lower than, but not less than half of, those used for each of the combined elements when applied individually.

    (6) Composite separation shall only be applied on the basis of regional air navigation agreements.

    (7) For an airspace where a reduced vertical separation minimum of 300 m (1 000 ft) is applied between FL 290 and FL 410 inclusive, a programme shall be instituted on a regional basis, for monitoring the height-keeping performance of an aircraft operating at these levels, in order to ensure that the continued application of this vertical separation minimum meets the safety objectives.

    (8) The scope of regional monitoring programmes shall be adequate to conduct analysis of aircraft group performance and evaluate the stability of altimetry system error.

    (9) Where RCP or RSP specifications are applied, programmes shall be instituted for monitoring the performance of the infrastructure and the participating aircraft against the appropriate RCP or RSP specifications, to ensure that operations in the applicable airspace continue to meet safety objectives.

    (10) The scope of monitoring programmes shall be adequate to evaluate communication or surveillance performance, as applicable.

47.    Separation minima

    (1) The selection of separation minima for application within a given portion of airspace shall be as follows—

    (a)    the separation minima shall be selected from those determined by the provisions of the Procedure for Air Navigation Services-Air Traffic Management (PANS-ATM) and the Regional Supplementary Procedures as applicable under the prevailing circumstances except, that where types of aids are used or circumstances prevail which are not covered by these Regulations, other separation minima shall be established as necessary by—

        (i)    the appropriate ATS Authority following consultation with operators, for routes or portions of routes contained within the sovereign airspace of Botswana, or

        (ii)    regional air navigation agreements for routes or portions of routes contained within an airspace over areas of undetermined sovereignty;

    (b)    the selection of separation minima shall be made in consultation between the appropriate ATS authorities responsible for the provision of air traffic services in neighbouring airspaces where—

        (i)    traffic passes from one airspace into the other neighbouring airspace, and

        (ii)    routes are closer to the common boundary of the neighbouring airspaces than the separation minima applicable in the circumstances.

    (2) Details of the selected separation minima and of their areas of application shall be notified—

    (a)    to the ATS units concerned; and

    (b)    to pilots and operators through Aeronautical Information Publications,

where separation is based on the use by aircraft of specified navigation aids or specified navigation techniques.

48.    Responsibility for control

    (1) A controlled flight shall be under the control of only one air traffic control unit at any given time.

    (2) The responsibility for the control of all aircrafts operating within a given block of airspace shall be vested in a single air traffic control unit.

    (3) The control of an aircraft may be delegated to other air traffic control units provided that co-ordination between all air traffic control units concerned is assured.

49.    Place or time of transfer

    The responsibility for the control of an aircraft shall be transferred from one air traffic control unit to another in accordance with the principles set out in Schedule 6.

50.    Co-ordination of transfer

    (1) Responsibility for the control of an aircraft shall not be transferred from one air traffic control unit to another without the consent of the accepting control unit, and such transfer shall be obtained in accordance with the following conditions—

    (a)    the transferring control unit shall communicate to the accepting control unit the appropriate parts of the current flight plan, and any control information pertinent to the transfer requested;

    (b)    where transfer of control is to be effected using radar or ADS-B data, the control information pertinent to the transfer shall include information regarding the position and where required, the track and speed of the aircraft, as observed by radar or ADS-B immediately prior to the transfer; or

    (c)    where the transfer of control is to be effected using ADS-C data, the control information pertinent to the transfer shall include the four-dimensional position and other information as necessary.

    (2) The accepting control unit shall—

    (a)    indicate its ability to accept control of the aircraft on the terms specified by the transferring control unit, unless by prior agreement between the two units concerned, and the absence of any such indication shall be understood to signify acceptance of the terms specified, or indicate any necessary changes thereto; and

    (b)    specify any other information or clearance for a subsequent portion of the flight, which the accepting control unit requires the aircraft to have at the time of transfer.

    (3) The accepting control unit shall notify the transferring control unit when it has established two-way voice or data link communications with, and assumed control of the aircraft concerned, unless otherwise specified by agreement between the two control units concerned.

    (4) Applicable co-ordination procedures, including transfer of control points, shall be specified in the letters of agreement and ATS unit instructions, as appropriate.

51.    Air traffic control clearances

    Air traffic control clearances shall be based solely on the requirements for providing air traffic control service.

52.    Contents of clearances

    (1) An air traffic control clearance shall indicate—

    (a)    aircraft identification as shown in the flight plan;

    (b)    clearance limit;

    (c)    route of flight;

    (d)    level of flight for the entire route or part of the route and changes of levels if required; and

    (e)    any necessary instructions or information on other matters such as approach or departure manoeuvers, communications and the time of expiry of the clearance.

    (2) Standard departure or arrival routes and associated procedures shall be established where necessary to facilitate—

    (a)    the safe, orderly and expeditious flow of air traffic; and

    (b)    the description of the route and procedure in air traffic control clearances.

53.    Clearances for transonic flight

    (1) An air traffic control clearance relating to the transonic acceleration phase of a supersonic flight shall extend at least to the end of that phase.

    (2) An air traffic control clearance relating to the deceleration and descent of an aircraft from supersonic cruise to subsonic flight shall provide for uninterrupted descent, at least during the transonic phase.

54.    Read-back of clearances and safety-related information

    (1) A flight crew shall read back to the air traffic controller safety-related parts of Air Traffic Control clearances and instructions which are transmitted by voice.

    (2) The flight crew shall always read back the following items of ATC clearances and instructions—

    (a)    ATC route clearances;

    (b)    clearances and instructions to enter, land on, take off from, hold short of, cross and backtrack on any runway; and

    (c)    runway-in-use, altimeter settings, SSR codes, level instructions, heading and speed instructions and, whether issued by the controller or contained in ATIS broadcasts, transition levels.

    (3) Other clearances or instructions, including conditional clearances, shall be read back or acknowledged in a manner to clearly indicate that they have been understood and shall be complied with.

    (4) The controller shall listen to the read-back to ascertain that the clearance or instruction has been correctly acknowledged by the flight crew and shall take immediate action to correct any discrepancies revealed by the read-back.

    (5) Unless specified by the appropriate ATS Authority, voice read-back of Controller-Pilot Data Link Communication messages shall not be required.

55.    Co-ordination of clearances

    (1) An air traffic control clearance shall be co-ordinated between air traffic control units to cover the entire route of an aircraft or a specified portion of the route.

    (2) An aircraft shall be cleared for the entire route to the aerodrome of first intended landing—

    (a)    when it has been possible, prior to departure, to co-ordinate the clearance between all the units under whose control the aircraft will come; or

    (b)    when there is reasonable assurance that prior co-ordination will be effected between those units under whose control the aircraft will subsequently come.

    (3) Where co-ordination under subregulation (2) has not been achieved or is not anticipated, the aircraft shall be cleared only to that point where co-ordination is reasonably assured and prior to reaching such point, or at such point, the aircraft shall receive further clearance, holding instructions being issued as appropriate.

    (4) When determined by the appropriate ATS authority, an aircraft shall contact a downstream air traffic control unit, for the purpose of receiving a downstream clearance prior to the transfer of control point.

    (5) An aircraft shall maintain the necessary two-way communication with the current air traffic control unit while obtaining a downstream clearance.

    (6) A clearance issued as a downstream clearance shall be clearly identifiable as such to the pilot.

    (7) A downstream clearance shall not affect the aircraft’s original flight profile in any airspace, other than that of the air traffic control unit responsible for the delivery of the downstream clearance unless the downstream clearance has been co-ordinated.

    (8) Where data link communications are used to facilitate downstream clearance delivery, two-way voice communications between the pilot and the air traffic control unit providing the downstream clearance shall be available.

    (9) Where an aircraft intends to depart from an aerodrome within a control area to enter another control area within a period of 30 minutes, or such other specific period of time as has been agreed between the area control centres concerned, co-ordination with the subsequent area control centre shall be effected prior to issuance of the departure clearance.

    (10) When an aircraft intends to leave a control area for flight outside controlled airspace, and re-enter the same or another control area, a clearance from point of departure to the aerodrome of first intended landing shall be issued.

    (11) The clearance or revision referred to under subregulation (10) shall apply only to those portions of the flight conducted within controlled airspace.

56.    Air traffic flow management

    (1) Air traffic flow management shall be implemented for airspace where air traffic demand at times exceeds, or is expected to exceed, the declared capacity of the air traffic control services concerned.

    (2) Air traffic flow management shall be implemented on the basis of regional air navigation agreements or, where appropriate, through multilateral agreements and such agreements shall make provision for common procedures and common methods of capacity determination.

    (3) Where it becomes apparent to an ATC unit that traffic additional to that already accepted—

    (a)    cannot be accommodated within a given period of time at a particular location or in a particular area; or

    (b)    can only be accommodated at a given rate, that unit shall advise the ATFM unit, when such is established, as well as when appropriate, the ATS units concerned.

    (4) A flight crew of an aircraft destined to the location or area in question and operators concerned shall also be advised of the delays expected or the restrictions that will be applied.

57.    Control of persons and vehicles at aerodromes

    (1) The movement of a person or vehicle including a towed aircraft on the manoeuvring area of an aerodrome shall be controlled by the aerodrome control tower to avoid hazard to such person or vehicle, or to an aircraft landing, taxiing or taking off.

    (2) In conditions where low visibility procedures are in operation—

    (a)    a person and a vehicle operating on the manoeuvring area of an aerodrome shall be restricted to the essential minimum, and particular regard shall be given to the requirements to protect the Instrument Landing System or Micro Landing System sensitive areas when Category II or Category III precision instrument operations are in progress;

    (b)    subject to subregulation (3), the minimum separation between vehicles and taxiing aircraft shall be as determined by the appropriate ATS authority taking into account the aids available; and

    (c)    when mixed Instrument Landing System or Micro Landing System Category II or Category III precision instrument operations are taking place to the same runway continuously, the more restrictive Instrument Landing System or Micro Landing System critical and sensitive areas shall be protected.

    (3) An emergency vehicle proceeding to the assistance of an aircraft in distress shall be afforded priority over all other surface movement traffic.

    (4) Subject to subregulation (3), a vehicle on the manoeuvring area shall be required to comply with the following rules—

    (a)    a vehicle or a vehicle towing an aircraft shall give way to an aircraft which is landing, taking off or taxiing;

    (b)    a vehicle shall give way to other vehicles towing an aircraft;

    (c)    a vehicle shall give way to other vehicles in accordance with ATS unit instructions; and

    (d)    notwithstanding paragraphs (a), (b) and (c), a vehicle or a vehicle towing an aircraft shall comply with instructions issued by the aerodrome control tower.

    (5) The ATS provider shall establish a runway safety programme to enhance runway safety using collaborative approach that involves regulators, aircraft operators, aerodrome operators and air navigation service providers.

58.    Provision of radar and ADS-B

    Radar and ADS-B ground systems shall provide for the display of safety-related alerts and warnings, including conflict alert, conflict prediction, minimum safe altitude warning and unintentionally duplicated SSR codes.

59.    Use of surface movement radar

    In the absence of visual observation of all or part of the manoeuvring area or to supplement visual observation, Surface Movement Radar or other suitable surveillance equipment, shall be utilised to—

    (a)    monitor the movement of an aircraft and vehicles on the manoeuvring area;

    (b)    provide directional information to pilots and vehicle drivers as necessary; and

    (c)    provide advice and assistance for the safe and efficient movement of an aircraft and vehicles on the manoeuvring area.

PART IV
Flight Information Service (regs 60-71)

60.    Application of flight information service

    (1) Flight information service shall be provided to all aircraft which are likely to be affected by the information and which are—

    (a)    provided with air traffic control service; or

    (b)    otherwise known to the relevant air traffic services units.

    (2) Where an ATS unit provides both flight information service and air traffic control service, the provision of air traffic control service shall have precedence over the provision of flight information service whenever the provision of air traffic control service so requires.

61.    Scope of flight information service

    (1) Flight information service shall include the provision of pertinent—

    (a)    SIGMET and AIRMET information;

    (b)    information concerning pre-eruption volcanic activity, volcanic eruptions and volcanic ash clouds;

    (c)    information concerning the release into the atmosphere of radioactive materials or toxic chemicals;

    (d)    information on changes in the availability of radio navigation services;

    (e)    information on changes in condition of an aerodrome and associated facilities, including information on the state of the aerodrome movement areas when they are affected by significant depth of water;

    (f)    information on unmanned free balloons; and

    (g)    any other information likely to affect safety.

    (2) Flight information services provided to a flight shall include, in addition to that outlined under subregulation (1), the provision of information concerning—

    (a)    weather conditions reported or forecast at departure, destination and alternate aerodromes;

    (b)    collision hazard to an aircraft operating in airspace Classes C, D, E, F and G as set out in Schedule 1; and

    (c)    for flight over water areas, in so far as practicable and when requested by a pilot, any available information including radio call sign, position, true track, speed of surface vessels in the area.

    (3) An ATS unit shall transmit, as soon as practicable, special air-reports to other aircrafts concerned, to the associated meteorological office, and to other ATS units concerned.

    (4) The transmission to an aircraft referred under subregulation (3) shall be continued for a period to be determined by agreement between the meteorological and air traffic services authorities concerned.

    (5) Flight information service provided to VFR flights shall include, in addition to that outlined under subregulation (1), the provision of available information concerning traffic and weather conditions along the route of flight that are likely to make operation under the Visual Flight Rules impracticable.

62.    Application of operational flight information service broadcasts

    (1) The meteorological information and operational information concerning radio navigation services and aerodromes included in the flight information service shall, whenever available, be provided in an operationally integrated form.

    (2) Where integrated operational flight information messages are to be transmitted to an aircraft, the messages shall be transmitted with the content and where specified, in the sequence indicated, for the various phases of the flight.

    (3) Operational flight information service broadcasts, where provided, shall consist of messages containing integrated information regarding selected operational and meteorological elements appropriate to the various phases of flight.

    (4) The broadcasts referred to under subregulation (3) are—

    (a)    High Frequency;

    (b)    Very High Frequency; and

    (c)    Automatic Terminal Information Service.

    (5) Applicable operational flight information service messages shall be transmitted by the appropriate ATS unit when requested by the pilot.

63.    High Frequency operational flight information service broadcasts

    (1) High Frequency operational flight information service broadcasts shall be provided when it has been determined by regional air navigation agreements that a requirement exists.

    (2) Whenever such High Frequency operational flight information service broadcasts are provided—

    (a)    the information shall be in accordance with subregulation (3) as applicable, subject to regional air navigation agreements;

    (b)    the aerodromes for which reports and forecasts are to be included shall be as determined by regional air navigation agreements;

    (c)    the time-sequencing of stations participating in the broadcast shall be as determined by regional air navigation agreements;

    (d)    the high frequency operational flight information service broadcast message shall take into consideration human performance;

    (e)    the broadcast message shall not exceed the length of time allocated for it by regional air navigation agreements, care being taken that the readability is not impaired by the speed of the transmission;

    (f)    each aerodrome message shall be identified by the name of the aerodrome to which the information applies;

    (g)    where information has not been received in time for a broadcast, the latest available information shall be included together with the time of that observation;

    (h)    the full broadcast message shall be repeated when this is feasible within the remainder of the time allotted to the broadcasting station;

    (i)    the broadcast information shall be updated immediately a significant change occurs; and

    (j)    the High Frequency operational flight information service message shall be prepared and disseminated by the most appropriate unit as designated by the Authority.

    (3) High Frequency operational flight information service broadcast messages shall contain the following information in the sequence indicated or as determined by regional air navigation agreements—

    (a)    en route weather information on significant phenomena shall be in the form of available Significant Meteorological Information as set out in the Civil Aviation (Meteorological Services for Air Navigation) Regulations (Cap. 71:01 (Sub. Leg.)); and

    (b)    aerodrome information including—

        (i)    name of aerodrome,

        (ii)    time of observation,

        (iii)    essential operational information,

        (iv)    surface wind direction and speed, if appropriate, maximum wind speed,

        (v)    visibility and where applicable, the RVR,

        (vi)    present weather,

        (vii)    cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available, and

        (viii)    aerodrome forecast.

64.    VHF operational flight information service broadcasts

    (1) Very High Frequency operational flight information service broadcasts shall be provided as determined by regional air navigation agreements.

    (2) Whenever Very High Frequency operational flight information service broadcasts are provided—

    (a)    the aerodromes for which reports and forecasts are to be included shall be as determined by regional air navigation agreements;

    (b)    each aerodrome message shall be identified by the name of the aerodrome to which the information applies;

    (c)    where information has not been received in time for a broadcast, the latest available information shall be included together with the time of that observation;

    (d)    the broadcasts shall be continuous and repetitive;

    (e)    the Very High Frequency operational flight information service broadcast message shall take into consideration human performance;

    (f)    the broadcast message shall, whenever practicable, not exceed five minutes, care being taken that the readability is not impaired by the speed of the transmission;

    (g)    the broadcast message shall be updated on a scheduled basis as determined by regional air navigation agreements and shall be updated immediately a significant change occurs; and

    (h)    the Very High Frequency operational flight information service message shall be prepared and disseminated by the most appropriate unit as designated by the Authority.

    (3) Very High Frequency operational flight information service broadcast messages shall contain the following information in the sequence indicated—

    (a)    name of aerodrome;

    (b)    time of observation;

    (c)    landing runway;

    (d)    significant runway surface conditions and, where appropriate, braking action;

    (e)    changes in the operational state of the radio navigation services, where appropriate;

    (f)    holding delay, where appropriate;

    (g)    surface wind direction and speed; if appropriate, maximum wind speed;

    (h)    visibility and, where applicable, the RVR;

    (i)    present weather;

    (j)    cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus, where the sky is obscured, vertical visibility, when available;

    (k)    air temperature;

    (l)    dew point temperature;

    (m)    QNH altimeter setting;

    (n)    supplementary information on recent weather of operational significance and, where necessary, wind shear;

    (o)    trend forecast, when available; and

    (p)    notice of current Significant Meteorological Information messages.

65.    Voice-Automatic Terminal Information Service broadcasts

    (1) Voice-Automatic Terminal Information Service broadcasts shall be provided at an aerodrome where there is a requirement to reduce the communication load on the Air Traffic Service Very High Frequency air-ground communication channels.

    (2) Where provided, Voice-Automatic Terminal Information Service broadcast shall comprise—

    (a)    one broadcast serving an arriving aircraft;

    (b)    one broadcast serving a departing aircraft;

    (c)    one broadcast serving both the arriving and departing aircraft; or

    (d)    two broadcasts serving the arriving and departing aircrafts respectively at an aerodrome where the length of a broadcast serving both arriving and departing aircraft would be excessively long.

    (3) A discrete Very High Frequency shall, whenever practicable, be used for Voice-Automatic Terminal Information Service broadcasts.

    (4) Where a discrete frequency is not available, the transmission may be made on the voice channel of the most appropriate terminal navigation aid, preferably a Very High Frequency Omni-directional Radio Range provided the range and readability are adequate and the identification of the navigation aid is sequenced with the broadcast so that the latter is not obliterated.

    (5) Voice-Automatic Terminal Information Service broadcasts shall not be transmitted on the voice channel of an Instrument Landing System.

    (6) Whenever a Voice-Automatic Terminal Information Service is provided, the broadcast shall be continuous and repetitive.

    (7) The information contained in the current broadcast shall immediately be made known to the ATS unit concerned with the provision to an aircraft of information relating to approach, landing and take-off, whenever the message has not been prepared by that unit.

    (8) The Voice-Automatic Terminal Information Service broadcasts provided at designated aerodromes for use by international air services shall be available in the English language as a minimum and where Voice-Automatic Terminal Information Service broadcasts are available in more than one language, a discrete channel shall be used for each language.

    (9) The Voice-Automatic Terminal Information Service broadcast message shall, whenever practicable, not exceed 30 seconds, care being taken that the readability of the automatic terminal information service message is not impaired by the speed of the transmission or by the identification signal of a navigation aid used for transmission of automatic terminal information service and the broadcast message shall take into consideration human performance.

66.    Data link-Automatic Terminal Information Service

    (1) Information shall be identical in both content and format to the applicable Voice-Automatic Terminal Information Service broadcast where a Data link-Automatic Terminal Information Service supplements the existing availability of Voice-Automatic Terminal Information Service.

    (2) The content, for the purpose of maintaining the same designator, shall be considered identical where real-time meteorological information is included but the data remains within the parameters of the significant change criteria.

    (3) Voice-Automatic Terminal Information Service and Data link-Automatic Terminal Information Service shall be updated simultaneously where a Data link-Automatic Terminal Information Service supplements the existing availability of Voice-Automatic Terminal Information Service and the automatic terminal information service requires updating.

67.    Automatic Terminal Information Service (voice or data link)

    (1) Whenever Voice-Automatic Terminal Information Service or Data link-Automatic Terminal Information Service is provided—

    (a)    the information communicated shall relate to a single aerodrome;

    (b)    the information communicated shall be updated immediately a significant change occurs;

    (c)    the preparation and dissemination of the Automatic Terminal Information Service message shall be the responsibility of the air traffic services;

    (d)    individual Automatic Terminal Information Service messages shall be identified by a designator in the form of a letter of the International Civil Aviation Organisation spelling alphabet and designators assigned to consecutive Automatic Terminal Information Service messages shall be in alphabetical order;

    (e)    aircraft shall acknowledge receipt of the information upon establishing communication with the Air Traffic Services unit providing approach control service or the aerodrome control tower, as appropriate;

    (f)    the appropriate ATS unit shall, when replying to the message under paragraph (e) or, in the case of an arriving aircraft, at such other time as may be determined by the appropriate ATS authority, provide the aircraft with the current altimeter setting; and

    (g)    the meteorological information shall be extracted from the local meteorological routine or special report.

    (2) The Automatic Terminal Information Service messages shall indicate that the relevant weather information shall be given on initial contact with the appropriate Air Traffic Services unit, when rapidly changing meteorological conditions make it inadvisable to include a weather report in the Automatic Terminal Information Service.

    (3) Information contained in a current Automatic Terminal Information Service, the receipt of which has been acknowledged by the aircraft concerned, need not be included in a directed transmission to the aircraft, with the exception of the altimeter setting, which shall be provided in accordance with subregulation (1)(f).

    (4) Where an aircraft acknowledges receipt of an Automatic Terminal Information Service that is no longer current, any element of information that needs updating shall be transmitted to the aircraft without delay.

    (5) Contents of Automatic Terminal Information Service shall be kept as brief as possible and information additional to that specified under regulations 67, 68 and 69 shall only be included when justified in exceptional circumstances.

68.    Automatic Terminal Information Service for arriving and departing aircraft

    Automatic Terminal Information Service messages containing both arrival and departure information shall contain the following elements of information in the order listed—

    (a)    name of aerodrome;

    (b)    arrival or departure indicator;

    (c)    contract type, if communication is via Data link-Automatic Terminal Information Service;

    (d)    designator;

    (e)    time of observation, if appropriate;

    (f)    type of approach to be expected;

    (g)    the runway in use and the status of arresting system constituting a potential hazard, if any;

    (h)    significant runway surface conditions and, if appropriate, braking action;

    (i)    holding delay, if appropriate;

    (j)    transition level, if applicable;

    (k)    other essential operational information;

    (l)    surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of the runway in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

    (m)    visibility and, where applicable, the RVR;

    (n)    present weather;

    (o)    cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater, cumulonimbus, if the sky is obscured, vertical visibility when available;

    (p)    air temperature;

    (q)    dew point temperature;

    (r)    altimeter setting;

    (s)    any available information on significant meteorological phenomena in the approach and climb-out areas including wind shear, and information on recent weather of operational significance;

    (t)    trend forecast, when available; and

    (u)    specific Automatic Terminal Information Service instructions.

69.    Automatic Terminal Information Service for arriving aircraft

    An Automatic Terminal Information Service message containing arrival information only shall contain the following elements of information in the order listed—

    (a)    name of aerodrome;

    (b)    arrival indicator;

    (c)    contract type, if communication is via Data link-Automatic Terminal Information Service;

    (d)    designator;

    (e)    time of observation, if appropriate;

    (f)    type of approach to be expected;

    (g)    main landing runway and the status of the arresting system constituting a potential hazard, if any;

    (h)    significant runway surface conditions and, if appropriate, braking action;

    (i)    holding delay, if appropriate; transition level, where applicable;

    (j)    other essential operational information;

    (k)    surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runways in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

    (l)    visibility and, when applicable, the RVR;

    (m)    present weather;

    (n)    cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater, cumulonimbus, where the sky is obscured, vertical visibility when available;

    (o)    air temperature;

    (p)    dew point temperature;

    (q)    altimeter settings;

    (r)    any available information on significant meteorological phenomena in the approach area including wind shear, and information on recent weather of operational significance;

    (s)    trend forecast, when available; and

    (t)    specific Automatic Terminal Information Service instructions.

70.    Automatic Terminal Information Service for departing aircraft

    An Automatic Terminal Information Service messages containing departure information only shall contain the following elements of information in the order listed—

    (a)    name of aerodrome;

    (b)    departure indicator;

    (c)    contract type, if communication is via Data link-Automatic Terminal Information Service;

    (d)    designator;

    (e)    time of observation, if appropriate;

    (f)    runway to be used for take-off and the status of arresting system constituting a potential hazard, if any;

    (g)    significant surface conditions of a runway to be used for take-off and, where appropriate, braking action;

    (h)    departure delay, if appropriate;

    (i)    transition level, if applicable;

    (j)    other essential operational information;

    (k)    surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of a runway in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

    (l)    visibility and, where applicable, the RVR;

    (m)    present weather;

    (n)    cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater, cumulonimbus, where the sky is obscured, vertical visibility when available;

    (o)    air temperature;

    (p)    dew point temperature;

    (q)    altimeter settings;

    (r)    any available information on significant meteorological phenomena in the climb-out area including wind shear;

    (s)    trend forecast, when available; and

    (t)    specific Automatic Terminal Information Service instructions.

71.    VOLMET broadcasts and D-VOLMET service

    (1) High Frequency or Very High Frequency VOLMET broadcasts or D-VOLMET service shall be provided when it has been determined by regional air navigation agreements that a requirement exists.

    (2) VOLMET broadcasts shall use standard radiotelephony phraseologies.

PART V
Alerting Service (regs 72-77)

72.    Application of alerting service

    (1) An ATS unit shall provide an alerting service—

    (a)    for all aircrafts provided with air traffic control service;

    (b)    in so far as practicable, to all other aircrafts having filed a flight plan or otherwise known to the air traffic services; and

    (c)    to any aircraft known or believed to be the subject of unlawful interference.

    (2) A flight information centre or area control centre shall serve as the central point for collecting all information relevant to a state of emergency of an aircraft operating within the Gaborone flight information region or control area concerned and for forwarding such information to the rescue coordination centre.

    (3) In the event of a state of emergency arising to an aircraft while it is under the control of an aerodrome control tower or approach control unit, such unit shall notify immediately the flight information centre or area control centre responsible which shall in turn notify the rescue coordination centre.

    (4) The notification referred to under subregulation (3) shall not be required when the nature of the emergency is such that the notification would be unnecessary.

    (5) Where the urgency of the situation so requires, the aerodrome control tower or approach control unit responsible shall first alert and take other necessary steps to set in motion all appropriate local rescue and emergency organisations which can give the immediate assistance required.

73.    Notification of rescue coordination centre

    (1) Without prejudice to any other circumstances that may render such notification advisable, an ATS unit shall, except as set out in regulation 75(1), notify rescue coordination centres immediately an aircraft is considered to be in a state of emergency in accordance with the following—

    (a)    uncertainty phase when—

        (i)    no communication has been received from an aircraft within a period of 30 minutes after the time a communication shall have been received,

        (ii)    from the time an unsuccessful attempt to establish communication with such aircraft was first made, whichever is the earlier, or

        (iii)    an aircraft fails to arrive within 30 minutes of the estimated time of arrival last notified to or estimated by air traffic services units, whichever is the later, except when no doubt exists as to the safety of the aircraft and its occupants;

    (b)    alert phase when—

        (i)    following the uncertainty phase, subsequent attempts to establish communication with the aircraft or inquiries to other relevant sources have failed to reveal any news of the aircraft,

        (ii)    an aircraft has been cleared to land and fails to land within five minutes of the estimated time of landing and communication has not been re-established with the aircraft, or

        (iii)    information has been received which indicates that the operating efficiency of the aircraft has been impaired, but not to the extent that a forced landing is likely, except when evidence exists that would allay apprehension as to the safety of the aircraft and its occupants, or

        (iv)    an aircraft is known or believed to be the subject of unlawful interference; and

    (c)    distress phase when—

        (i)    following the alert phase, further unsuccessful attempts to establish communication with the aircraft and more widespread unsuccessful,

        (ii)    inquiries point to the probability that the aircraft is in distress,

        (iii)    the fuel on board is considered to be exhausted, or to be insufficient to enable the aircraft to reach safety, or when

        (iv)    information is received which indicates that the operating efficiency of the aircraft has been impaired to the extent that a forced landing is likely, or

        (v)    information is received, or it is reasonably certain that the aircraft is about to make or has made a forced landing,

except when there is reasonable certainty that the aircraft and its occupants are not threatened by grave and imminent danger and do not require immediate assistance.

    (2) The notification under subregulation (1) shall contain the following information as is available in the order listed—

    (a)    INCERFA, ALERFA or DETRESFA, as appropriate to the phase of the emergency;

    (b)    agency and person calling;

    (c)    nature of the emergency;

    (d)    significant information from the flight plan;

    (e)    unit which made last contact, time and means used;

    (f)    last position report and how determined;

    (g)    colour and distinctive marks of aircraft;

    (h)    dangerous goods carried as cargo;

    (i)    any action taken by reporting office; and

    (j)    other pertinent remarks.

    (3) The information specified under subregulation (2), which is not available at the time the notification is made to a rescue coordination centre, shall be sought by an ATS unit prior to the declaration of a distress phase, if there is reasonable certainty that this phase will eventuate.

    (4) Further to the notification under subregulation (1), the rescue coordination centre shall, without delay, be furnished with—

    (a)    any useful additional information, especially on the development of the state of emergency through subsequent phases; or

    (b)    information that the emergency situation no longer exists.

74.    Use of communication facilities

    An ATS unit shall use all available communication facilities to establish and maintain communication with an aircraft in a state of emergency, and to request news of the aircraft.

75.    Plotting aircraft in state of emergency

    (1) Where a state of emergency is considered to exist, the flight of the aircraft involved shall be plotted on a chart in order to determine the probable future position of the aircraft and its maximum range of action from its last known position.

    (2) The flights of other aircraft known to be operating in the vicinity of the aircraft involved shall also be plotted in order to determine their probable future positions and maximum endurance.

76.    Information to operator

    (1) When an area control or a flight information centre decides that an aircraft is in the uncertainty or the alert phase, it shall, when practicable, advise the operator prior to notifying the rescue coordination centre.

    (2) All information notified to the rescue coordination centre by an area control or flight information centre shall, whenever practicable, also be communicated, without delay, to the operator.

77.    Information to aircraft operating in vicinity of aircraft in state of emergency

    (1) Where an ATS has established that an aircraft is in a state of emergency, other aircrafts known to be in the vicinity of the aircraft involved shall, except as provided under subregulation (2) be informed of the nature of the emergency as soon as practicable.

    (2) Where the ATS unit knows or believes that an aircraft is being subjected to unlawful interference, no reference shall be made in ATS air-ground communications to the nature of the emergency unless the unlawful interference has first been referred to in communications from the aircraft involved and there is certainty that such reference will not aggravate the situation.

PART VI
Air Traffic Services Requirements For Communications (regs 78-86)

78.    Aeronautical mobile service (air-ground communications)

    (1) Radiotelephony or data link shall be used in air-ground communications for air traffic services purposes.

    (2) Where an RCP specification has been determined by the Authority for Performance-Based Communication, ATS units shall, in addition to the requirements specified under subregulation (1), have communication equipment which will enable them to provide ATS in accordance with the determined Required Communication Performance specifications.

    (3) Where direct pilot-controller two-way radiotelephony or data link communications are used for the provision of air traffic control services, the recording facilities shall be provided on all such air-ground communication channels.

    (4) Recordings of communications channels as required under subregulation (3) shall be retained for a period of at least 30 days.

    (5) Air-ground communication facilities shall enable two-way communications to take place between a unit providing flight information service and an appropriately equipped aircraft flying anywhere within the Gaborone Flight Information region.

    (6) Air-ground communication facilities for flight information services shall permit direct, rapid, continuous and static-free two-way communications whenever practicable.

    (7) Air-ground communication facilities shall enable two-way communications to take place between a unit providing area control service and an appropriately equipped aircraft flying anywhere within the control area.

    (8) Air-ground communication facilities for an area control service shall permit direct, rapid, continuous and static-free two-way communications whenever practicable.

    (9) Where air-ground voice communication channels are used for the area control service, and are worked by air-ground communicators, suitable arrangements shall be made to permit direct pilot-controller voice communications, as and when required.

    (10) Air-ground communication facilities shall enable direct, rapid, continuous and static-free two-way communications to take place between the unit providing approach control service and the appropriately equipped aircraft under its control.

    (11) Where the unit providing approach control service functions as a separate unit, air-ground communications shall be conducted over communication channels provided for its exclusive use.

    (12) Air-ground communication facilities shall enable direct, rapid, continuous and static-free two-way communications to take place between an aerodrome control tower and appropriately equipped aircraft operating at any distance within 45 km (25 NM) of the aerodrome concerned.

    (13) Separate communication channels shall be provided for the control of traffic operating on the manoeuvring area where conditions warrant.

79.    General application of aeronautical fixed service (ground-ground communications)

    Direct-speech or data link communications shall be used in ground-ground communications for air traffic services purposes.

80.    Communications between air traffic services units

    (1) A flight information centre shall have facilities for communications with the following units providing a service within its area of responsibility—

    (a)    the area control centre, unless collocated;

    (b)    approach control units; and

    (c)    aerodrome control towers.

    (2) An area control centre, in addition to being connected to the flight information centre as determined under subregulation (1), shall have facilities for communications with the following units providing a service within its area of responsibility—

    (a)    approach control units;

    (b)    aerodrome control towers; and

    (c)    air traffic services reporting offices, when separately established.

    (3) An approach control unit, in addition to being connected to the flight information centre and the area control centre as prescribed in subregulations (1) and (2) shall have facilities for communications with the associated aerodrome control towers and, when separately established, the associated air traffic services reporting offices.

    (4) An aerodrome control tower, in addition to being connected to the flight information centre, the area control centre and the approach control unit under subregulations (1), (2) and (3) shall have facilities for communications with the associated air traffic services reporting office, when separately established.

81.    Communications between air traffic services units and other units

    (1) A flight information centre and an area control centre shall have facilities for communications with the following units providing a service within their respective area of responsibility—

    (a)    appropriate military units;

    (b)    the meteorological office serving the centre;

    (c)    the aeronautical telecommunications station serving the centre;

    (d)    appropriate operator’s offices;

    (e)    the rescue coordination centre or, in the absence of such centre, any other appropriate emergency service; and

    (f)    the international NOTAM office serving the centre.

    (2) An approach control unit and an aerodrome control tower shall have facilities for communications with the following units providing a service within their respective area of responsibility—

    (a)    appropriate military units;

    (b)    rescue and emergency services (including ambulance and fire);

    (c)    the meteorological office serving the unit concerned;

    (d)    the aeronautical telecommunications station serving the unit concerned; and

    (e)    the unit providing apron management service, when separately established.

    (3) The communication facilities required under subregulation (1)(a) and (2)(a) shall include provisions for rapid and reliable communications between the air traffic services unit concerned and the military unit responsible for control of interception operations within the area of responsibility of the air traffic services unit.

82.    Description of communication facilities

    (1) The communication facilities required under regulations 79, 80(1)(a) and 80(2) shall include provisions for—

    (a)    communications by direct-speech alone, or in combination with data link communications, whereby for the purpose of transfer of control using radar or Automatic Dependent Surveillance-Broadcast, the communications may be established instantaneously and for other purposes the communications can normally be established within 15 seconds; and

    (b)    printed communications, where a written record is required, the message transit time for such communications being no longer than five minutes.

    (2) The communication facilities in all cases not covered under subregulation (1), shall include provisions for—

    (a)    communications by direct speech alone, or in combination with data link communications, whereby the communications can normally be established within 15 seconds; and

    (b)    printed communications, where a written record is required, the message transit time for such communications being no longer than five minutes.

    (3) An ATS units shall provide suitable facilities for automatic recording in all cases where automatic transfer of data to or from air traffic services computers is required.

    (4) The communication facilities required under regulations 79 and 80 shall be supplemented, as and where necessary, by facilities for other forms of visual or audio communications.

    (5) The communication facilities required under regulation 80(2) shall include provisions for communications by direct speech arranged for conference communications.

    (6) The communication facilities required under regulation 81(2)(d) shall include provisions for communications by direct speech arranged for conference communications, whereby the communications can normally be established within 15 seconds.

    (7) A facility for direct-speech or data link communications between air traffic services units and between air traffic services units and other units described under regulations 82(1) and (2) shall be provided with automatic recording.

    (8) Recordings of data and communications as required under subregulations (3) and (7) shall be retained for a period of at least 30 days.

83.    Communications between flight information regions

    (1) The Flight Information Centre and area control centre shall have facilities for communications with all adjacent flight information centres and area control centres.

    (2) The communication facilities referred to under subregulation (1) shall in all cases include provisions for messages in a form suitable for retention as a permanent record, and delivery in accordance with transit times specified by regional air navigation agreements.

    (3) Unless otherwise determined on the basis of regional air navigation agreements, facilities for communications between area control centres serving contiguous control areas shall, include provisions for direct speech and, where applicable, data link communications, with automatic recording, whereby for the purpose of transfer of control using radar, Automatic Dependent Surveillance-Broadcast or Automatic Dependent Surveillance-Contract data, the communications can be established instantaneously and for other purposes the communications can normally be established within 15 seconds.

    (4) When so required by agreement between the Authorities concerned in order to eliminate or reduce the need for interceptions in the event of deviations from assigned track, facilities for communications between adjacent flight information centres or area control centres other than those mentioned under subregulation (3) shall include provisions for direct speech alone, or in combination with data link communications.

    (5) The communication facilities referred to under subregulation (4) shall be provided with automatic recording.

    (6) The communication facilities under subregulation (4) shall permit communications to be established normally within 15 seconds.

    (7) Wherever local conditions are such that it is necessary to clear an aircraft into an adjacent control area prior to departure, an approach control unit or aerodrome control tower shall be connected with the area control centre serving the adjacent area.

    (8) The communication facilities under subregulation (7) shall include provisions for communications by direct speech alone, or in combination with data link communications, with automatic recording, whereby for the purpose of transfer of control using radar, Automatic Dependent Surveillance-Broadcast or Automatic Dependent Surveillance-Contract data, the communications may be established instantaneously and for other purposes the communications may normally be established within 15 seconds.

    (9) Suitable facilities for automatic recording shall be provided in all cases where automatic exchange of data between air traffic services computers is required.

    (10) Recordings of data and communications as required under subregulation (9) shall be retained for a period of at least 30 days.

84.    Procedures for direct-speech communications

    Appropriate procedures for direct speech communications shall be developed to permit immediate connections to be made for very urgent calls concerning the safety of an aircraft, and the interruption, if necessary, of less urgent calls in progress at the time.

 

85.    Communications for control of vehicles other than aircraft on manoeuvring areas at controlled aerodromes

    (1) An ATS shall provide an aerodrome control service with two-way radiotelephony communication facilities for the control of vehicles on the manoeuvring area, except where communication by a system of visual signals is deemed to be adequate.

    (2) Separate communication channels shall be provided for the control of vehicles on the manoeuvring area where conditions warrant.

    (3) Automatic recording facilities shall be provided on all separate communication channels provided for the control of vehicles on the manoeuvring area.

    (4) Recordings of communications as required in subregulation (3) shall be retained for a period of at least 30 days.

86.    Recording and storage of aeronautical data

    (1) Surveillance data from primary and secondary radar equipment or other systems used as an aid to air traffic services, in addition to other aeronautical data, shall automatically or through other appropriate means be recorded and stored for use in accident and incident investigations, search and rescue, air traffic control and surveillance systems evaluation and training.

    (2) Subject to subregulation (1), stored aeronautical data and automatic surveillance recordings shall be retained for a period of at least 30 days.

    (3) Aeronautical data or recordings pertinent to an accident and incident investigations, shall be retained for a longer period until it is evident that the data or recordings will no longer be required.

PART VII
Air Traffic Services Requirements For Information (regs 87-99)

87.    General meteorological information

    (1) An ATS unit shall be supplied with up-to-date information on existing and forecast meteorological conditions as necessary for the performance of its respective functions.

    (2) The information referred to under subregulation (1) shall be supplied in such a form as to require a minimum of interpretation on the part of ATS personnel and with a frequency which satisfies the requirements of the air traffic services unit concerned.

    (3) The ATS unit shall be supplied with available detailed information on the location, vertical extent, direction and rate of movement of meteorological phenomena in the vicinity of the aerodrome, and particularly in the climb-out and approach areas, which could be hazardous to aircraft operations.

    (4) Where computer-processed upper air data is made available to an ATS unit in digital form for use by ATS computers, the contents, format and transmission arrangements shall be as agreed between the Meteorological Department and the appropriate ATS authority.

88.    Flight information centres and area control centres

    (1) Flight information centres and area control centres shall be supplied with meteorological information as set out in Schedule 9 of the Civil Aviation (Meteorology Services for Air Navigation) Regulations (Cap. 71:01 (Sub. Leg.)), with particular emphasis being given to the occurrence or expected occurrence of weather deterioration as soon as this can be determined.

    (2) The reports and forecasts referred to under subregulation (1) shall cover the flight information region or control area and such other area as may be determined on the basis of regional air navigation agreements.

    (3) Flight information centres and area control centres shall be provided at suitable intervals, with current pressure data for setting altimeters, for locations specified by the flight information centre or area control centre concerned.

89.    Units providing approach control services

    (1) A unit providing approach control services shall be supplied with meteorological information as set out in Schedule 9 of the Civil Aviation (Meteorology Services for Air Navigation) Regulations, for the airspace and the aerodromes with which the unit is concerned.

    (2) A special report and amendments to forecasts shall be communicated to the unit providing approach control services as soon as they are necessary in accordance with established criteria, without waiting for the next routine report or forecast.

    (3) Where multiple anemometers are used, the indicators to which they are related shall be clearly marked to identify the runway and section of the runway monitored by each anemometer.

    (4) The unit providing approach control services shall be provided with current pressure data for setting altimeters, for locations specified by the unit providing approach control service.

    (5) The unit providing approach control services for final approach, landing and take-off shall be equipped with surface wind displays.

    (6) The displays referred to under subregulation (5) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the aerodrome control tower and in the meteorological station, where such a station exists.

    (7) The unit providing approach control services for final approach, landing and take-off at aerodromes where runway visual range values are assessed by instrumental means shall be equipped with displays permitting read-out of the current runway visual range values.

    (8) The displays referred to under subregulation (7) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the aerodrome control tower and in the meteorological station, where such a station exists.

    (9) The unit providing approach control services for final approach, landing and take-off at aerodromes where the height of cloud base is assessed by instrumental means shall be equipped with displays permitting read-out of the current values of the height of cloud base.

    (10) The displays referred to under subregulation (9) shall be related to the same locations of observations and be fed from the same sensors as the corresponding displays in the aerodrome control tower and in the meteorological station, where such a station exists.

    (11) The unit providing approach control services for final approach, landing and take-off shall be supplied with information on wind shear which could adversely affect aircraft on the approach or take-off paths or during circling approach.

90.    Aerodrome control towers

    (1) A meteorological service provider shall supply an aerodrome control tower with meteorological information as set out in Schedule 9 of the Civil Aviation (Meteorology Services for Air Navigation) Regulations, for the aerodrome with which the aerodrome control tower is concerned.

    (2) The meteorological service provider shall communicate special reports and amendments to forecasts to the aerodrome control towers as soon as the reports and amendments are necessary in accordance with established criteria, without waiting for the next routine report or forecast.

    (3) The meteorological service provider shall provide an aerodrome control towers with current pressure data for setting altimeters for the aerodrome concerned.

    (4) An aerodrome control tower shall be equipped with surface wind displays.

    (5) The surface wind displays shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the meteorological station, where such a station exists.

    (6) Where multiple sensors are used, the surface wind displays to which they are related shall be clearly marked to identify the runway and section of the runway monitored by each sensor.

    (7) The aerodrome control tower at an aerodrome where runway visual range values are measured by instrumental means shall be equipped with displays permitting read-out of the current runway visual range values.

    (8) The displays referred to under subregulation (7) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the meteorological station, where such a station exists.

    (9) The aerodrome control towers at an aerodrome where the height of the cloud base is assessed by instrumental means, shall be equipped with displays permitting read-out of the current values of the height of cloud base.

    (10) The displays shall be related to the same locations of observations and be fed from the same sensors as the corresponding displays in the meteorological station, where such a station exists.

    (11) The aerodrome control towers shall be supplied with information on wind shear which could adversely affect an aircraft on the approach or take-off paths or during circling approach and an aircraft on the runway during the landing roll or take-off run.

    (12) Aerodrome control towers or other appropriate units shall be supplied with aerodrome warnings.

91.    Communication stations

    Current meteorological reports and forecasts shall be supplied to communication stations for flight information purposes and a copy of such information shall be forwarded to the flight information centre or the area control centre.

92.    Information on aerodrome conditions and operational status of associated facilities

    An aerodrome control tower and units providing approach control services shall be kept currently informed of the operationally significant conditions of the movement area, including the existence of temporary hazards, and the operational status of any associated facilities at the aerodromes with which they are concerned.

93.    Information on operational status of navigation services

    (1) An ATS unit shall be kept currently informed of the operational status of radio navigation services and visual aids essential for take-off, departure, approach and landing procedures within the ATS unit’s area of responsibility and those radio navigation services and visual aids essential for surface movement.

    (2) Information on the operational status, and any changes thereto, of radio navigation services and visual aids as referred to under subregulation (1) shall be received by the appropriate ATS units on a timely basis consistent with the use of the services and aids involved.

94.    Information on unmanned free balloons

    An operator of an unmanned free balloon shall keep the appropriate air traffic services units informed of details of flights of unmanned free balloons in accordance with the provisions contained in the Civil Aviation (Rules of the Air) Regulations.

95.    Information concerning volcanic activity

    (1) An ATS unit shall be informed of pre-eruption volcanic activity, volcanic eruptions and volcanic ash cloud which could affect airspace used by flights within their area of responsibility.

    (2) Area control centres and flight information centres shall be provided with volcanic ash advisory information issued by the associated Volcanic Ash Advisory Centres.

96.    Information concerning radioactive materials and toxic chemical "clouds"

    An ATS unit shall be informed of the release into the atmosphere of any radioactive material or toxic chemicals which could affect airspace used by flights within the ATS unit’s area of responsibility.

97.    Requirements for application for exemption

    (1) A person may apply to the Authority for an exemption from any provision of these Regulations.

    (2) Unless in case of emergency, a person requiring exemptions from any of these regulations shall make an application to the Authority at least 60 days prior to the proposed effective date, giving the following information—

    (a)    name and contact address including electronic mail and facsimile if any;

    (b)    telephone number;

    (c)    a citation of the specific requirement from which the applicant seeks exemption;

    (d)    justification for the exemption;

    (e)    a description of the type of operations to be conducted under the proposed exemption;

    (f)    the proposed duration of the exemption;

    (g)    an explanation of how the exemption would be in the public interest;

    (h)    a detailed description of the alternative means by which the applicant shall ensure a level of safety equivalent to that established by the regulation in question;

    (i)    a safety risk assessment carried out in respect of the exemption applied for, whether the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption would contravene any provision of the standards and recommended practices of the International Civil Aviation Organisation; and

    (j)    any other information that the Authority may require.

    (3) Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified under subregulation (2) and satisfactory reason for deeming the application an emergency.

    (4) The Authority may in writing, refuse an application made under subregulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.

    (5) The application for exemption shall be accompanied by a fee determined by the Authority.

98.    Review and publication

    (1) The Authority shall review the application for exemption made under regulation 97 for accuracy and compliance, and if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within a set time, in either—

    (a)    the Gazette;

    (b)    aeronautical information circular; or

    (c)    a daily newspaper with national circulation.

    (2) Where the application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under regulation 97(3).

99.    Evaluation of request

    (1) Where the application requirements have been satisfied, the Authority shall conduct an evaluation of the request to include—

    (a)    determination of whether an exemption would be in the public interest;

    (b)    a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis;

    (c)    a determination of whether a grant of the exemption would contravene these Regulations; and

    (d)    a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

    (2) The Authority shall notify the applicant in writing, the decision to grant or deny the request, and publish a detailed summary of the Authority’s evaluation and decision.

    (3) The summary referred to under subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

    (4) Where the request is for an emergency relief, the Authority shall publish its decision after processing the application.

    (5) Where the exemption affects a significant population of the aviation community of the State, the Authority shall publish the summary in aeronautical information circular.

PART VIII
Miscellaneous Provisions (regs 100-103)

100.    Contravention of Regulations

    The Authority may suspend or revoke a licence, certificate, approval, authorisation, exemption or other document of a person who contravenes any provision of these Regulations.

101.    Appeals to Appeals Tribunal

    A person aggrieved with the decision of the Authority under these Regulations may within 14 days of such decision appeal to the Appeals Tribunal.

102.    Offences

    (1) A person who contravenes any provision of these Regulations commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding six months, or to both.

    (2) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

103.    Transitional

    A licence, certificate, approval or any other document issued to an operator or person prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires, is varied or cancelled by the Authority.

SCHEDULE 1
Classification of Airspaces

(regs 10(1) and (3) and 61(2)(b))

Class

Type of flight

Separation provided

Service provided

Speed limitation

Radio communication requirement

Subject to an ATC

A

IFR only

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

B

IFR

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

VFR

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

 

IFR

IFR from IFR
IFR from VFR

Air traffic control service

Not applicable

Continuous two-way

Yes

C

VFR

VFR from IFR

1)    Air traffic control service for separation from IFR;
2)    VFR/VFR traffic information (and traffic avoidance advice on request)

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

D

IFR

IFR from IFR

Air traffic control service, traffic information about

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

VFR

Nil

IFR/VFR and VFR/VFR traffic information (and traffic avoidance advice on request)

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

 

IFR

IFR from IFR

Air traffic control service and, as far as practical, traffic information about VFR flights

250 kt IAS below 3,050 m (10 000 ft) AMSL

Continuous two-way

Yes

E

VFR

Nil

Traffic information as far as practical

250 kt IAS below 3 050 m (10 000 ft) AMSL

No

No

F

IFR

IFR from IFR as far as practical

Air traffic advisory service, flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

No

 

VFR

Nil

Flight information service

250 kt IAS below 3,050 m (10 000 ft) AMSL

No

No

G

IFR

Nil

Flight information service

250 kt IAS below 3 050 m (10 0000 ft) AMSL

Continuous two-way

No

 

VFR

Nil

Flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

No

No

• When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 should be used in lieu of 10 000 ft.

 

SCHEDULE 2
Principles Governing the Identification of Navigation Specifications and Identification of ATS Routes other than Standard Departure and Arrival Routes

(reg 19(5))

1.    Designators for ATS routes and navigation specifications

    1.1    The purpose of a system of route designators and navigation specifications applicable to a specified ATS route segment(s), route(s) or area is to allow both pilots and ATS, taking into account automation requirements—

        (a)    to make unambiguous reference to any ATS route without the need to resort to the use of geographical co-ordinates or other means in order to describe it;

        (b)    to relate an ATS route to a specific vertical structure of the airspace, as applicable;

        (c)    to indicate a required level of navigation performance accuracy, when operating along an ATS route or within a specified area; and

        (d)    to indicate that a route is used primarily or exclusively by certain types of aircraft.

        Note 1 —    Specifications governing the publication of navigation specifications are given in the Civil Aviation (Aeronautical Charts) Regulations and the Civil Aviation (Aeronautical Information Services) Regulations.

        Note 2 —    In relation to this part and for flight planning purposes, a prescribed navigation specification is not considered an integral part of the ATS route designator.

    1.2    In order to meet this purpose, the designation system shall—

        (a)    permit the identification of any ATS route in a simple and unique manner;

        (b)    avoid redundancy;

        (c)    be usable by both ground and airborne automation systems;

        (d)    permit utmost brevity in operational use; and

        (e)    provide sufficient possibility of extension to cater for any future requirements without the need for fundamental changes.

    1.3    Controlled, advisory and uncontrolled ATS routes, with the exception of standard arrival and departure routes, shall therefore be identified as specified hereafter.

2.    Composition of designator

    2.1    The ATS route designator shall consist of a basic designator supplemented, where necessary, by—

        (a)    one prefix as prescribed in 2.3; and

        (b)    one additional letter as prescribed in 2.4.

        2.1.1    The number of characters required to compose the designator shall not exceed six characters.

        2.1.2    The number of characters required to compose the designator should, whenever possible, be kept to a maximum of five characters.

    2.2    The basic designator shall consist of one letter of the alphabet followed by a number from 1 to 999.

        2.2.1    A selection of the letter shall be made from those listed hereunder—

        (a)    A, B, G, R for routes which form part of the regional networks of ATS routes and are not area navigation routes;

        (b)    L, M, N, P for area navigation routes which form part of the regional networks of ATS routes;

        (c)    H, J, V, W for routes which do not form part of the regional networks of ATS routes and are not area navigation routes; and

        (d)    Q, T, Y, Z for area navigation routes which do not form part of the regional networks of ATS routes.

    2.3    Where applicable, one supplementary letter shall be added as a prefix to the basic designator in accordance with the following—

        (a)    K to indicate a low-level route established for use primarily by helicopters;

        (b)    U to indicate that the route or portion thereof is established in the upper airspace; and

        (c)    S to indicate a route established exclusively for use by supersonic aircraft during acceleration, deceleration and while in supersonic flight.

    2.4    Where prescribed by the appropriate ANSP or on the basis of regional air navigation agreements, a supplementary letter may be added after the basic designator of the ATS route in question in order to indicate the type of service provided in accordance with the following—

        (a)    the letter F to indicate that on the route or portion thereof advisory service only is provided; or

        (b)    the letter G to indicate that on the route or portion thereof flight information service only is provided.

    Note 1 — Due to limitations in the display equipment on board aircraft, the supplementary letters "F" or "G" may not be displayed to the pilot.

    Note 2 — Implementation of a route or a portion thereof as controlled route, advisory route or flight information route is indicated in aeronautical charts and Aeronautical Information Publications in accordance with the provisions in these Regulations.

3.    Assignment of basic designators

    3.1    A basic ATS route designator shall be assigned in accordance with the following principles—

        3.1.1    The same basic designator shall be assigned to a main trunk route throughout its entire length, irrespective of terminal control areas, States or regions traversed.

    Note 1 —    This is of particular importance where automated ATS data processing and computerised airborne navigation equipment is used.

        3.1.2    Where two or more trunk routes have a common segment, the segment in question shall be assigned each of the designators of the routes concerned, except where this would present difficulties in the provision of air traffic service in which case, by common agreement, one designator only shall be assigned.

        3.1.3    A basic designator assigned to one route shall not be assigned to any other route.

        3.1.4    A States’ requirement for a designator shall be notified to the Regional Offices of ICAO for co-ordination.

4.    Use of designators in communications

    4.1    In printed communications, a designator shall be expressed at all times by not less than two and not more than six characters.

    4.2    In voice communications, the basic letter of a designator shall be spoken in accordance with the ICAO spelling alphabet.

    4.3    Where the prefixes K, U or S specified under paragraph 2.3 are used, they shall, in voice communications, be spoken as follows—

        K – KOPTER

        U – UPPER

        S – SUPERSONIC

        The word "kopter" shall be pronounced as in the word "helicopter" and the words "upper" and "supersonic" as in the English language.

    4.4    Where the letters "F" or "G" specified under paragraph 2.4 are used, the flight crew shall not be required to use them in voice communications.

SCHEDULE 3
Principles Governing the Identification of Standard Departure and Arrival Routes and Associated Procedures

(reg 19(6))

NoteMaterial relating to the establishment of standard departure and arrival routes and associated procedures is contained in the Air Traffic Services Planning Manual (Doc 9426).

1.    Designators for standard departure and arrival routes and associated procedures

NoteIn the following text the term "route" is used in the meaning of "route and associated procedures".

    1.1    The system of designators shall—

        (a)    permit the identification of each route in a simple and unambiguous manner;

        (b)    make a clear distinction between—

            (ii)    a departure or arrival route and other ATS routes;

        (b)    a basic indicator; followed by

        (c)    a validity indicator; followed by

        (d)    a route indicator; followed by

        (e)    the word "approach"; followed by

        (f)    the designator of the runway for which the procedure is designed.

        6.1.2    The basic shall be the name or name-code of the significant point where the approach procedure begins.

        6.1.3    The validity indicator shall be a number from 1 to 9.

        6.1.4    The route indicator shall be one letter of the alphabet. The letters "I" and "O" shall not be used.

        6.1.5    The designator of the runway shall be in accordance with the Civil Aviation (Aerodromes Designs and Operations) Regulations.

    6.2    Coded designator

        6.2.1    The coded designator of an MLS or RNAV approach procedure shall consist of—

        (a)    MLS"; followed by

        (b)    the coded designator or name-code of the significant point described in 6.1.1(b); followed by

        (c)    the validity indicator in 6.1.1(c); followed by

        (d)    the route indicator in 6.1.1(d); followed by

        (e)    the runway designator in 6.1.1(f).

    6.3    Assignment of designators

        6.3.1    The assignment of designators for MLS or RNAV approach procedures shall be in accordance with paragraph 3. Procedures having identical tracks but different flight profiles shall be assigned separate route indicators.

        6.3.2    The route indicator letter for MLS or RNAV approach procedures shall be assigned uniquely to all approaches at an airport until all the letters have been used. Only then shall the route indicator letter be repeated. The use of the same route indicator for two routes using the same MLS ground facility shall not be permitted.

        6.3.3    The assignment of validity indicator for approach procedures shall be in accordance with paragraph 4.

    6.4    Example of plain language and coded designators

        6.4.1    Example—

                designator: APPROACH RUNWAY

            (a)    the name shall not create difficulties in pronunciation for pilots or ATS personnel when speaking in the language used in ATS communications. Where the name of a geographical location in the national language selected for designating a significant point gives rise to difficulties in pronunciation, an abbreviated or contracted version of this name, which retains as much of its geographical significance as possible, shall be selected;

Example: FUERSTENFELDBRUCK = FURSTY

            (c)    the name shall, where possible, consist of at least six letters and form two syllables and preferably not more than three; and

            (1)    The duty period may not exceed 12 hours.

            (3)    There must be at least 12 hours between the end of one duty period and the beginning of the next.

            (5)    Where the maximum number of consecutive days of duty is rostered, there shall be a minimum interval of 60 hours between the end of one consecutive period of duty days and the next.

    (d)    Operational duty

        (i)    A period of operational duty shall not exceed two hours.

        (ii)    An operational duty shall not exceed two hours without there being a break taken during or at the end of that period.

        (iii)    A break shall total not less than 30 minutes.

    (e)    Night duties

        (i)    A period of night duty shall be defined as starting at 2200 local and ending at 0600 local

        (ii)    A duty which covers all or part of the period of night duty shall not exceed 10 hours.

        (iii)    No more than three consecutive duties shall be worked which cover all or part of the period of night duty.

        (iv)    A minimum period of 54 hours shall occur between the end of duties which cover all or part of the period of night duty and the commencement of the next period of duty.

    (f)    On-call duties

        (i)    No more than three on-call duties shall be worked in a seven day period.

        (ii)    The maximum length of an on call period of duty where the ATCO does not attend the place of work shall be 20 hours.

SCHEDULE 6
Transfer of Control

(reg 49)

1.    Division of responsibility for control between air traffic control units

    1.1.1    General

    The appropriate ATS authority shall designate the area of responsibility for each air traffic control (ATC) unit and, when applicable, for individual control sectors within an ATC unit. Where there is more than one ATC working position within a unit or sector, the duties and responsibilities of the individual working positions shall be defined.

    1.1.2    Between a unit providing aerodrome control service and a unit providing approach control service

        1.1.2.1 Except for flights which are provided aerodrome control service only, the control of arriving and departing controlled flights shall be divided between units providing aerodrome control service and units providing approach control service as follows—

            1.1.2.1.1    Arriving aircraft. Control of an arriving aircraft shall be transferred from the unit providing approach control service to the unit providing aerodrome control service when the aircraft—

                (b)    is at a prescribed point or level; or

                (a)    when Visual Meteorological Conditions prevail in the vicinity of the aerodrome—

                    (i)    prior to the time the aircraft leaves the vicinity of the aerodrome,

                    (ii)    prior to the aircraft entering Instrument Meteorological Conditions, or

                    (iii)    when the aircraft is at a prescribed point or level, as specified in letters of agreement or ATS unit instructions;

            (a)    an arriving aircraft that has been released to the unit providing approach control service by the ACC; and

            (a)    updated flight plan information on the aircraft about to be transferred, including the discrete assigned SSR code or, with respect to Mode S and ADS-B, the aircraft identification, is provided to the accepting controller prior to transfer;

            (c)    when the controllers are not physically adjacent, two-way direct speech facilities, which permit communications to be established instantaneously, are available between them at all times;

Note. – "Instantaneous" refers to communications which effectively provide for immediate access between controllers.

            (e)    the instructions or letter of agreement specify explicitly that the application of this type of transfer of control may be terminated at any time by the accepting controller, normally with an agreed advance notice; and

            (a)    identification has been transferred to or has been established directly by the accepting controller;

            (c)    separation from other controlled flights conforms to the minima authorised for use during transfer of control between the sectors or units concerned;

            (e)    radio communication with the aircraft is retained by the transferring controller until the accepting controller has agreed to assume responsibility for providing the ATS surveillance service to the aircraft. Thereafter, the aircraft should be instructed to change over to the appropriate channel and from that point is the responsibility of the accepting controller.

 

CIVIL AVIATION (PERSONNEL LICENSING) (GENERAL) REGULATIONS

(section 89)

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
General Rules Concerning Licences

    3.    Application

    4.    Authority to act as flight crew member

    5.    Validation of licence

    6.    Privileges of holder of licence

    7.    Medical fitness

    8.    Competency and recency requirements

    9.    Language proficiency

PART III
General Requirements for Pilot Licences, Remote Pilot Licence and Ratings

    10.    General licensing specifications

    11.    Category ratings

    12.    Class and type ratings

    13.    Requirements for class and type ratings

    14.    Use of flight simulation training device

    15.    Instrument rating

    16.    Authorisation to conduct instruction

    17.    Crediting of flight time

    18.    Limitation of privileges of pilots aged over 60 years

PART IV
Student Pilot Licence

    19.    Student pilot licence

PART V
Private Pilot Licence

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

    20.    Age requirements

    21.    Knowledge requirements

    22.    Skills requirements

    23.    Medical fitness

    24.    Privileges of private pilot licence

B — Specific Requirements for Aeroplane Category

    25.    Experience

    26.    Flight instruction

C — Specific Requirements for Helicopter Category

    27.    Experience

    28.    Flight instruction

D — Specific Requirements for Powered-lift Category

    29.    Experience

    30.    Flight instruction

E — Specific Requirements for Airship Category

    31.    Experience

    32.    Flight instruction

PART VI
Commercial Pilot Licence

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

    33.    Age requirements

    34.    Knowledge requirements

    35.    Skills requirements

    36.    Medical fitness

    37.    Privileges and conditions of commercial pilot licence

B — Specific Requirements for Aeroplane Category

    38.    Experience

    39.    Flight instruction

C — Specific Requirements for Powered-lift Category

    40.    Experience

    41.    Flight instruction

D — Specific Requirements for Airship Category

    42.    Experience

    43.    Flight instruction

E — Specific Requirements for Helicopter Category

    44.    Experience

    45.    Flight instruction

PART VII
Multi-crew Pilot Licence (MPL) for Aeroplane Category

    46.    Age requirements

    47.    Competencies

    48.    Knowledge requirements

    49.    Skills requirements

    50.    Medical fitness

    51.    Privileges and conditions of multi-crew pilot licence

    52.    Experience

    53.    Flight instruction

PART VIII
Airline Transport Pilot Licence

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

    54.    Age requirements

    55.    Knowledge requirements

    56.    Skills requirements

    57.    Medical fitness

    58.    Privileges and conditions of airline transport pilot licence

B — Specific Requirements for Aeroplane Category Rating

    59.    Experience

    60.    Flight instruction

C — Specific Requirements for Helicopter Category Rating

    61.    Experience

    62.    Flight instruction

D — Specific Requirements for Powered-lift Category Rating

    63.    Experience

    64.    Flight instruction

PART IX
Instrument Rating (Aeroplane, Airship, Helicopter and Powered-lift Categories)

    65.    Knowledge requirements

    66.    Skills requirements

    67.    Medical fitness

    68.    Privileges of instrument rating

    69.    Conditions for exercising privileges of instrument rating

    70.    Experience

    71.    Flight instruction

PART X
Flight Instructor Rating (Aeroplane, Airship, Helicopter and Powered-lift Categories)

    72.    Knowledge requirements

    73.    Skills requirements

    74.    Experience

    75.    Flight instruction

    76.    Privileges and conditions of instructor rating

PART XI
Glider Pilot Licence

    77.    Age requirements

    78.    Knowledge requirements

    79.    Experience

    80.    Skills requirements

    81.    Medical fitness

    82.    Privileges and conditions of glider pilot licence

PART XII
Free Balloon Pilot Licence

    83.    Age requirements

    84.    Knowledge requirements

    85.    Experience

    86.    Skills requirements

    87.    Medical fitness

    88.    Privileges of free balloon pilot licence

PART XIII
Student Remote Pilot

    89.    General requirements

    90.    Medical fitness requirements

PART XIV
Remote Pilot

    91.    General requirements

    92.    Age requirement

    93.    Knowledge requirement

    94.    Skills requirements

    95.    Medical fitness requirements

    96.    Privileges of remote pilot licence holder

B — Specific Requirements for Issue of Remote Pilot Licence

    97.    Experience requirement

    98.    Training requirement

PART XV
Licences and Ratings for Personnel Other than Flight Crew Member

    99.    General requirements

A — Aircraft Maintenance Engineer Licence

    100.    Age requirements

    101.    Knowledge requirements

    102.    Experience

    103.    Skills requirements

    104.    Privileges and conditions of holder of aircraft maintenance engineer licence

B — Student Air Traffic Controller Licence

    105.    Requirements for authorisation

    106.    Medical fitness

    107.    Medical fitness requirements

C — Specific Requirements for Issue of Remote Pilot Licence

    108.    Experience requirement

    109.    Training requirements

    110.    Privileges of remote pilot licence holder

D — Air Traffic Controller Licence

    111.    Knowledge requirement

E — Air Traffic Controller Ratings

    112.    Privileges and conditions of the holder

F — Aeronautical Station Operator Licence

    113.    General requirement

PART XVI
RPAS Instructor Rating

ARequirements for the Issue of the Rating

    114.    Knowledge requirement

    115.    Skills requirements

    116.    Experience requirement

    117.    Training requirement

    118.    Privileges of the holder of the rating

B — Air Traffic Controller Licence

    119.    Requirements for issue of licence

    120.    Age requirements

    121.    Knowledge requirements

    122.    Experience

    123.    Medical fitness

C — Air Traffic Controller Ratings

    124.    Categories of air traffic controller ratings

    125.    Knowledge requirements for air traffic controller rating

    126.    Experience

    127.    Skills requirements

    128.    Concurrent issue of two air traffic controller ratings

    129.    Privileges and conditions of air traffic controller rating

    130.    Validity of ratings

D — Flight Operations Officer Licence

    131.    Age requirements

    132.    Knowledge requirements

    133.    Experience

    134.    Skills requirements

    135.    Privileges of flight operations officer licence

E — Aeronautical Station Operator Licence

    136.    Age requirements

    137.    Knowledge requirements

    138.    Experience

    139.    Skills requirements

    140.    Privileges of aeronautical station operator licence

PART XVII
Medical Requirements for Licensing

    141.    Medical certificates

    142.    Requirements for medical certificates

    143.    Physical and mental requirements

    144.    Visual acuity test requirements

    145.    Colour perception requirements

    146.    Hearing test requirements for medical certificates

    147.    Class 1 medical certificate

    148.    Class 2 medical certificate

    149.    Class 3 medical certificate

    150.    Duration and renewal of medical certificate

PART XVIII
Suspension of Medical Certificate

    151.    Suspension of medical certificate

    152.    Notice of suspension

    153.    Surrender of medical certificate

    154.    Issue of lower class medical certificate

    155.    Lifting of suspension

    156.    Prohibition of medical certification

    157.    Medical records

PART XIX
Requirements for Medical Examiners

    158.    Aviation medical examiners

PART XX
Requirements for Medical Examination

    159.    Aviation medical examiners

    160.    Validity of medical assessment

    161.    Special circumstances for aviation medical examination

    162.    Decrease in medical fitness

    163.    Use of psychoactive substances

    164.    Medical history

    165.    Hearing test requirement for medical certificates

PART XXI
Miscellaneous Provisions

    166.    Application for exemption

    167.    Requirements for exemption

    168.    Review by Authority

    169.    Evaluation of request

PART XXII
General Provisions

    170.    Possession of licence

    171.    Use of psychoactive substances

    172.    Drug and alcohol testing and reporting

    173.    Inspection of licence or certificate

    174.    Change of name and address

    175.    Replacement of documents

    176.    Suspension and revocation

    177.    Fees

    178.    Penalties

    179.    Revocation of Cap. 71:01 (Sub. Leg.)

    180.    Transitional provisions

    181.    Savings

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

 

S.I. 61, 2022.

PART I
Preliminary (regs 1-2)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Personnel Licensing) (General) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accredited medical conclusion" means a conclusion reached by one or more medical experts acceptable to the Authority and in consultation with flight operations or other experts as necessary;

    "adapted competency model" means a group of competencies with their associated description and performance criteria adapted from an International Civil Aviation Organisation (ICAO) competency framework that an organisation uses to develop competency-based training and assessment for a given role;

    "aeronautical experience" means the pilot time obtained in an aircraft or approved flight simulation training device that meets the training and flight time requirements of these Regulations;

    "aeroplane" means a power-driven heavier-than-air aircraft, that derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

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

    "aircraft avionics" is a term designating any electronic device, including its electrical part, for use in an aircraft, including radio, automatic flight control and instrument systems;

    "aircraft category" means the classification of an aircraft according to specified basic characteristics such as aeroplane, helicopter, glider or free balloon;

    "aircraft certificated for single-pilot operation" means a type of aircraft which the State of Registry has determined, during the certification process, may be operated safely with a minimum crew of one pilot;

    "aircraft required to be operated with a co-pilot" means a type of aircraft that is required to be operated with a co-pilot, as specified in the flight manual or by the air operator certificate;

    "aircraft type" means all aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handling or flight characteristics;

    "airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces including rotors, but excluding propellers and rotating airfoils of a powerplant, and landing gear of an aircraft and their accessories and controls;

    "airmanship" means the consistent use of good judgement and well-developed knowledge, skills and attitudes to accomplish flight objectives;

    "airship" means a power-driven lighter-than-air aircraft;

    "appliance" means an instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communications equipment that is used or intended to be used in operating or controlling an aircraft in flight, and that is installed in or attached to the aircraft and is not part of an airframe, powerplant or propeller;

    "approved maintenance organisation" means an organisation approved by the Authority to perform specific aircraft maintenance activities including the inspection, overhaul, maintenance, repair or modification and release to service of an aircraft or aircraft component;

    "approved training" means training conducted under special curricula and supervision approved by the Authority;

    "Approved Training Organisation" means an organisation as defined in the Civil Aviation (Approved Training Organisations) Regulations (Cap. 71:01 (Sub. Leg.));

    "ATS surveillance service" is a term used to indicate a service provided directly by means of an ATS surveillance system;

    "ATS surveillance system" is a generic term meaning variously, ADS-B, PSR, SSR or any comparable ground-based system that enables the identification of an aircraft;

    "authorised instructor" means a person who—

    (a)    holds a valid and current ground or flight instructor rating issued under these Regulations, for conducting ground training or flight training; or

    (b)    is authorised by the Authority to provide ground training, flight training, or other training under these Regulations and the Civil Aviation (Approved Training Organisations) Regulations;

    "balloon" means a non-power-driven lighter-than-air aircraft;

    "category I operation" means a precision instrument approach and landing with a decision height not lower than 60 m (200 ft) and with either a visibility of not less than 800 m or Runway Visual Range (RVR) of not less than 550 m;

    "category II operation" means a precision instrument approach and landing with a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft) and an RVR of not less than 300 m;

    "category III operation" means a decision height lower than 30 m (100 ft) or no decision height and a runway visual range less than 300 m or no runway visual range limitations;

    "certify as airworthy" means to certify that an aircraft or parts thereof comply with current airworthiness requirements after maintenance has been performed on the aircraft or parts thereof;

    "commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

    "competency" means a dimension of human performance that is used to reliably predict successful performance on the job, whereby a competency is manifested and observed through behaviours that mobilise the relevant knowledge, skills and attitudes to carry out activities or tasks under specified conditions;

    "competency-based training and assessment" means training and assessment that are characterised by a performance orientation, emphasis on standards of performance and their measurement, and the development of training to the specified performance standards;

    "competency standard" means a level of performance that is defined as acceptable when assessing whether or not competency has been achieved;

    "Contracting State" means a State that is a signatory to the Convention on International Civil Aviation (Chicago Convention);

    "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 instruction;

    "course" means a programme of instruction to obtain a licence, rating, qualification, authorisation or current experience required under these Regulations;

    "credit" means a recognition of alternative means or prior qualifications;

    "critical engine" means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;

    "cross country" means a flight between a point of departure and a point of arrival following a pre-planned route using standard navigation procedures;

    "detect and avoid" means the capability to see, sense or detect conflicting traffic or other hazards and take the appropriate action;

    "dual instruction time" means a flight time during which a person receives flight instruction from a properly authorised pilot on board the aircraft, or from a properly authorised remote pilot using the remote pilot station during a remotely piloted aircraft flight;

    "engine" means a unit used or intended to be used for aircraft propulsion which consists of at least components and equipment necessary for functioning and control, but excludes the propeller or rotors, where applicable;

    "error" means an action or inaction by an operational person that leads to deviations from the organisational or the operational person’s intentions or expectations;

    "error management" means the process of detecting and responding to errors with counter measures that reduce or eliminate the consequences of errors and mitigate the probability of further errors or undesired events;

    "examiner" means a person authorised by the Authority to conduct a pilot proficiency test, a practical test for a licence or rating, or a knowledge test under these Regulations;

    "flight crew member" means a crew member charged with duties essential to the operation of an aircraft during a 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 procedures trainer" means as defined under the flight simulation training device;

    "flight simulation training device" means any of the following three types of apparatus in which flight conditions are simulated on the ground, a—

    (a)    simulation flight trainer, which provides an accurate representation of the flight deck of a particular aircraft type or an accurate representation of the remotely piloted aircraft system (RPAS) 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)    flight procedures trainer, which provides a realistic flight deck environment or realistic RPAS environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc., aircraft systems, and the performance and flight characteristics of aircraft of a particular class; or

    (c)    basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight or the RPAS environment in instrument flight conditions;

    "flight time" means—

    (a)    for an aeroplane, the total time from the moment an aeroplane moves for the purpose of taking off until 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 until it finally stops at the end of the flight;

    (b)    for a helicopter, 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;

    (c)    for an airship or free balloon, the total time from the moment an airship or free balloon first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon; or

    (d)    for remotely piloted aircraft system, the total time from the moment a command and control (C2) link is established between the remote pilot station (RPS) and the remotely piloted aircraft (RPA) for the purpose of taking off or from the moment the remote pilot receives control following a handover until the moment the remote pilot completes a handover or the C2 link between the RPS and the RPA is terminated at the end of the flight;

    "glider" means a non-power-driven heavier-than-air aircraft, that derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

    "glider flight time" means the total time occupied in flight, whether it is towed or not, from the moment the glider first moves for the purpose of taking off until the moment it comes to rest at the end of the flight;

    "handover" means the act of passing piloting control from one remote pilot station to another;

    "heavier-than-air aircraft" means an aircraft that derives its lift in flight chiefly from aerodynamic forces;

    "helicopter" means a heavier-than-air aircraft supported in flight, chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;

    "human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

    "IFR" means the symbol used to designate the instrument flight rules;

    "instrument approach procedure" 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, and if a landing is not completed, to a position at which holding or en route obstacle clearance criterion applies;

    "instrument flight time" means the time during which a pilot is piloting an aircraft, or a remote pilot is piloting a remotely piloted aircraft, solely by reference to instruments and without external reference points;

    "instalment ground time" means the time during which a pilot is practising, on the ground, simulated instrument flight in a flight simulation training device approved by the Authority;

    "instrument time" means instrument flight time or instrument ground time;

    "instrument training" means training which is received from an authorised instructor under actual or simulated instrument meteorological conditions;

    "knowledge test" means a test on the aeronautical knowledge areas required for a licence or rating that may be administered in written form or through a computer;

    "language proficiency skills" means the knowledge and abilities which impact on the capacity of a person to communicate spontaneously, accurately, intelligibly, meaningfully and appropriately in a given language;

    "likely" in the context of the medical provisions in these Regulations, means with a probability of occurring that is unacceptable to the medical assessor;

    "maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair;

    "medical assessment" means the evidence issued by the Authority that the licence holder meets specific requirements of medical fitness;

    "medical assessor" means a physician, appointed by the Authority, qualified and experienced in the practice of aviation medicine and competent in evaluating and assessing medical conditions of flight safety significance;

    "medical conclusion" means a medical conclusion reached by one or more medical experts accredited by the Authority;

    "medical examiner" means a medical physician with training in aviation medicine and practical knowledge and experience of the aviation environment, who is designated by the Authority to conduct medical examinations of fitness of applicants for licences or ratings for which medical requirements are prescribed;

    "monitoring" means a cognitive process to compare an actual to an expected state;

    "night" means the time between 15 minutes after sunset and 15 minutes before sunrise, sunrise and sunset being determined at surface level, and includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object cannot be clearly seen at a distance of 4 572 m;

    "observable behaviour (OB)" means a single role-related behaviour that can be observed and may or may not be measurable;

    "performance criteria" means statements used to assess whether the required levels of performance have been achieved for a competency, and each performance criterion consists of an observable behaviour, a condition and a competency standard;

    "pilot flying (PF)" means the pilot whose primary task is to control and manage the flight path. The secondary tasks of the PF are to perform non-flight path related actions (radio communications, aircraft systems, other operational activities, etc.) and to monitor other crew members;

    "pilot-in-command" means the 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;

    "pilot-in-command under supervision" means a co-pilot performing under the supervision of the pilot-in-command, the duties and functions of a pilot-in-command, in accordance with a method of supervision acceptable to the Authority;

    "pilot monitoring (PM)" means the pilot whose—

    (a)    primary task is to monitor the flight path and its management by the PF; and

    (b)    secondary task is to perform non-flight path related actions including radio communications, aircraft systems, other operational activities and to monitor other crew members;

    "piloting (to pilot)" means to manipulate the flight controls of an aircraft during flight time;

    "pilot time" means the time a person—

    (a)    serves as a required pilot;

    (b)    receives training from an authorised instructor in an aircraft or approved flight simulation training device; or

    (c)    gives training as an authorised instructor in an aircraft or approved flight simulation training device;

    "powered-lift" means a heavier-than-air aircraft capable of vertical takeoff, vertical landing and low speed flight that depends principally on engine driven lift devices or engine thrust for lift during these flight regimes and on non-rotating aerofoil for lift during horizontal flight;

    "powerplant" means an engine that is used or intended to be used for propelling aircraft, and it includes turbo superchargers, appurtenances and accessories necessary for its functioning, but does not include propellers;

    "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, in an approved synthetic flight trainer or in a combination of these;

    "pressurised aircraft" means an aircraft fitted with means of controlling out flow of cabin air in order to maintain maximum cabin altitude of not more than 10 000 ft to enhance breathing and comfort of passengers and crew;

    "problematic use of substances" means the use of one or more psychoactive substances by aviation personnel in a way that—

    (a)    constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or

    (b)    causes or worsens an occupational, social, mental or physical problem or disorder;

    "propeller" means a device for propelling an aircraft that has blades on a powerplant driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation, and it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines;

    "psychoactive substance" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psycho-stimulants, hallucinogens and volatile solvents, excluding coffee and tobacco;

    "psychosis" means a mental disorder in which a person has manifested delusions, hallucinations, grossly bizarre or disorganised behaviour or other commonly accepted symptoms of this condition or where the individual may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganised behaviour or other commonly accepted symptoms of this condition;

    "quality system" means documented organisational procedures and policies, internal audit of those policies and procedures; management review and recommendation for quality improvement;

    "rated air traffic controller" means an air traffic controller holding a licence and valid ratings appropriate to the privileges to be exercised;

    "rating" means an authorisation entered on or associated with a licence and forming part of the licence, stating special conditions, privileges or limitations pertaining to such licence or certificate;

    "rendering a licence valid" means the action taken by the Authority, as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence;

    "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;

    "rotorcraft" means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors;

    "safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountability, responsibilities, policies and procedures;

    "significant" in the context of the medical provisions in these Regulations, means to a degree or of a nature that is likely to jeopardise flight safety;

    "signing a maintenance release" means to certify that maintenance work has been completed satisfactorily in accordance with appropriate airworthiness requirements, by issuing the maintenance release referred to in the Civil Aviation Regulations (Cap. 71:01 (Sub. Leg.));

    "solo flight time" means a flight time on which a student pilot is the sole occupant of the aircraft;

    "state safety programme" means an integrated set of regulations and activities aimed at improving safety;

    "substance" means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens, opioids, cannabis, inhalants, central nervous system stimulants such as cocaine, amphetamines and similarly acting sympathomimetic, phencyclidine or similarly acting arylcyclohexylamines and other psychoactive drugs and chemicals;

    "substance abuse" means any of the following—

    (a)    the use of a substance in a situation in which that use is or was physically hazardous;

    (b)    a verified positive drug test result acquired under an anti-drug programme or internal programme of the Government; or

    (c)    misuse of a substance that the Authority, based on case history and qualified medical judgement relating to the substance involved, finds that it makes the applicant unable to safely perform the duties or exercise the privileges of the licence applied for or held, or may reasonably be expected for the maximum duration of the medical certificate applied for or held, to make the applicant unable to perform those duties or exercise those privileges;

    "substance dependence" means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing beverages, as evidenced by increased tolerance, manifestation of withdrawal symptoms, impaired control of use, or continued use despite damage to physical health or impairment of social, personal or occupational functioning;

    "threat" means an event or error that occurs beyond the influence of an operational person which increases operational complexity and shall be managed to maintain a margin of safety;

    "threat management" means a process to detect and respond to a threat with counter-measures that reduce or eliminate any consequence of the threat and mitigate the probability of an error or an undesired state;

    "training programme" means a programme that consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective and includes a core curriculum and a speciality curriculum;

    "VFR" means visual flight rules; and

    "VMC" means visual meteorological conditions.

PART II
General Rules Concerning Licences (regs 3-9)

3.    Application

    These Regulations shall apply to the following—

    (a)    flight crew members—

        (i)    a private pilot,

        (ii)    a commercial pilot,

        (iii)    a multi-crew pilot,

        (iv)    an airline transport pilot,

        (v)    a glider pilot, and

        (vi)    a free balloon pilot; and

    (b)    personnel—

        (i)    an aircraft maintenance engineer,

        (ii)    an air traffic controller,

        (iii)    a flight operations officer,

        (iv)    an aeronautical station operator,

        (v)    an aviation repair specialist,

        (vi)    a parachute rigger,

        (vii)    a flight radiotelephone operator,

        (viii)    a cabin crew member, and

        (ix)    any other personnel as may be determined by the Authority.

4.    Authority to act as flight crew member

    (1) A person shall not act as a flight crew member of an aircraft unless, he or she holds a licence—

    (a)    appropriate to the duties to be performed by the person; and

    (b)    issued by the Authority in accordance with these Regulations.

    (2) Where a person holds a licence issued by a foreign Contracting State, the Authority may validate such licence.

    (3) A flight crew member shall carry the appropriate licence on board the aircraft when engaged in international air navigation.

5.    Validation of licence

    (1) The Authority may as an alternative to the issuance of its own licence, validate a licence issued by another Contracting State, by authorising a person holding such licence to exercise the privileges of the licence:

    Provided that—

    (a)    such validation shall be done in a manner determined by the Authority;

    (b)    the validation period shall not extend beyond the period of validity of the licence; and

    (c)    such validation shall cease to be valid if the licence is suspended or revoked.

    (2) The Authority shall verify the authenticity of the licence with the Contracting State that issued the licence where validation is issued for use in a commercial air transport operation.

    (3) Notwithstanding the provisions of subregulations (1) and (2), the Authority shall automatically render valid a licence from another ICAO Contracting State that adopted common licensing regulations and the State shall have entered into a formal agreement recognising the automatic validation process with an established surveillance system to ensure the continuing implementation of the common licensing regulations.

    (4) The Contracting State shall have registered the agreement with ICAO pursuant to Article 83 of the Convention on International Civil Aviation.

    (5) An endorsement shall appear on licences rendered valid under the process of subregulations (3) and (4) indicating—

    (a)    that the licence is automatically validated under the agreement;

    (b)    the reference to the ICAO registration number of the agreement and the endorsement; and

    (c)    a list of all States that are party to the agreement with any transition requirements where applicable.

6.    Privileges of holder of licence

    A licence holder shall not exercise privileges other than those granted under the licence.

7.    Medical fitness

    (1) An applicant for a licence shall, where applicable, hold a medical certificate issued by the Authority, in accordance with these Regulations.

    (2) To satisfy the licensing requirements of medical fitness, the applicant shall meet the appropriate medical requirements specified for the licence applied for.

8.    Competency and recency requirements

    (1) The Authority shall, after issuing a licence, ensure that the privileges granted under the licence or ratings are not exercised unless the holder maintains competency and meets the requirements for recent experience.

    (2) A licence holder shall not exercise the privileges granted by that licence unless he or she maintains competency and meets the requirements for recent experience.

    (3) A flight crew member, engaged in commercial air transport operations shall establish maintenance of competency by demonstration of skill during proficiency flight checks.

    (4) A flight crew member may, to the extent possible, demonstrate his or her continuing competency in a flight simulation training device.

    (5) A flight crew member shall record the maintenance of competency in the operator’s records or in the flight crew member’s personal log book or licence.

9.    Language proficiency

    (1) An aeroplane, airship, helicopter, powered-lift pilot and a free balloon operator shall demonstrate the ability to speak and understand the language used for radiotelephony communications to the level specified in Schedule 2 of these Regulations.

    (2) An air traffic controller, a flight operations officer, cabin crew member, aircraft maintenance engineer, parachute rigger, aviation repair specialist and an aeronautical station operator shall demonstrate the ability to speak and understand the language used in radiotelephony communications to the level specified in Schedule 2 of these Regulations.

PART III
General Requirements for Pilot Licences, Remote Pilot Licence and Ratings (regs 10-18)

10.    General licensing specifications

    An applicant for a pilot licence shall—

    (a)    before being issued with a pilot licence or rating, meet such requirements in respect of age, knowledge, experience, flight instruction, skill and medical fitness specified for the licence or rating applied for; and

    (b)    demonstrate in a manner determined by the Authority, such requirements for knowledge and skill specified for the licence or rating applied for.

11.    Category ratings

    (1) A person shall not, unless he or she is a holder of a pilot licence issued in accordance with these Regulations, act as a pilot-in-command or co-pilot of an aircraft in any of the following categories—

    (a)    an aeroplane;

    (b)    an airship of a volume of more than 4600 cubic metres;

    (c)    a free balloon;

    (d)    a glider;

    (e)    a helicopter; or

    (f)    a powered-lift.

    (2) The Authority shall include the category of the aircraft in the title of the licence or endorse it as a rating on the licence:

    Provided that the category rating shall not be endorsed on a licence if the category is included in the title of the licence.

    (3) Where the holder of a pilot licence applies for a licence for an additional aircraft category, the Authority shall—

    (a)    issue the holder of the licence with an additional pilot licence for that category of aircraft; or

    (b)    endorse the original licence with the new category rating.

    (4) The holder of a pilot licence who applies for an additional category rating shall meet the requirements of these Regulations, appropriate to the privileges for the category rating applied for.

    (5) Where the Authority issues an additional category rating or endorses the additional category rating on a pilot licence, the additional category rating shall indicate the level of licensing privileges at which the category rating is granted.

12.    Class and type ratings

    (1) The Authority shall establish class ratings for aeroplanes certificated for single-pilot operation including class ratings for a—

    (a)    single-engine land aeroplane;

    (b)    multi-engine land aeroplane; and

    (c)    helicopter or powered-lift which has comparable handling, performance and other characteristics.

    (2) The Authority shall establish type ratings for—

    (a)    an aircraft certificated for operation with a minimum crew of at least two pilots;

    (b)    a helicopter or powered-lift certificated for single-pilot operation except where a class rating has been established under subregulation (1); or

    (c)    any aircraft, whenever the Authority considers it necessary.

    (3) Where the Authority establishes a common type rating, the rating shall only apply to an aircraft with similar characteristics in operating procedures, systems and handling.

    (4) Where an applicant demonstrates the skill and knowledge required for the initial issue of a pilot licence, the Authority shall enter the category and rating appropriate to the class and type of aircraft used in the demonstration, on the licence.

    (5) Where the Authority issues a type rating limiting the privileges to act as co-pilot or limiting the privileges to act as pilot only during the cruise phase of the flight, the Authority shall endorse such limitation on the rating.

    (6) The Authority may, for the purpose of training, testing, or for specific special purpose non-revenue or non-passenger carrying flights—

    (a)    provide in writing to the licence holder, special authorisation, in place of issuing a type rating in accordance with subregulation (2); and

    (b)    the authorisation shall be limited in validity, to the time needed to complete the specific flight.

    (7) The Authority, having issued a licence, shall ensure that other Contracting States are satisfied as to the validity of the licence.

13.    Requirements for class and type ratings

    (1) An applicant for a class rating shall demonstrate a degree of skill appropriate to the licence in an aircraft of the class for which the rating is applied for.

    (2) An applicant for a type rating shall—

    (a)    have experience in the appropriate type of aircraft or flight simulator, which experience shall be gained under appropriate supervision, in—

        (i)    the normal flight procedures and manoeuvres during all phases of flight,

        (ii)    the abnormal and emergency procedures and manoeuvres in cases of failure and malfunction of equipment, such as powerplant, systems and airframe,

        (iii)    where applicable, the instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions and simulated engine failure, and

        (iv)    the procedures for crew incapacitation and co-ordination, including allocation of pilot tasks, crew co-operation and use of checklists;

    (b)    demonstrate the skill and knowledge required for the safe operation of the applicable type of aircraft, and relevant to the duties of a pilot-in-command or co-pilot; and

    (c)    demonstrate, at the airline transport pilot licence level, an extent of knowledge required under these Regulations.

    (3) Where the application is for a type rating for—

    (a)    an aircraft certificated for operation with a minimum crew of at least two pilots; or

    (b)    a helicopter or powered-lift certificated for single-pilot operation.

    (4) The applicant shall demonstrate the skill and knowledge required for the safe operation of the applicable type of aircraft and relevant to the licensing requirements and piloting functions of the applicant.

14.    Use of flight simulation training device

    Where an applicant uses a flight simulation training device to acquire the experience or perform any manoeuvre required during a demonstration of skill for the issue of a licence, the Authority shall ensure that the training device used is appropriate to the task and shall approve the use of such training device.

15.    Instrument rating

    A holder of a pilot licence shall not act as a pilot-in-command or co-pilot of an aircraft under instrument flight rules unless he or she has received an instrument rating, from the Authority, appropriate to the aircraft category.

16.    Authorisation to conduct instruction

    (1) A person shall not carry out a flight instruction required for the issue of a pilot licence or rating, unless he or she—

    (a)    holds an appropriate pilot licence;

    (b)    has received a flight instruction rating on his or her pilot licence, from the Authority;

    (c)    has been authorised by the Authority to act as an agent of an approved training organisation, carrying out flight instruction; or

    (d)    has received a specific authorisation from the Authority.

    (2) A person shall not carry out an instruction, on a flight simulation training device, required for the issue of a licence or rating, unless he or she—

    (a)    holds an appropriate licence; or

    (b)    has the appropriate flight training experience; and

    (c)    has received a specific authorisation from the Authority.

    (3) An approved training for flight crew and air traffic controllers shall be conducted within an approved training organisation.

    (4) Any competency-based approved training for aircraft maintenance personnel shall be conducted within an approved training organisation.

17.    Crediting of flight time

    (1) A student pilot or a holder of a pilot licence shall be entitled to be credited in full, with all solo, dual instruction and pilot-in-command flight time towards the total flight time required for the initial issue of a pilot licence or the issue of a higher grade of pilot licence.

    (2) When acting as a co-pilot of an aircraft certificated for operation by a single pilot, but the Authority requires for the aircraft to be operated with a co-pilot, the holder of a pilot licence shall be entitled to be credited with not more than 50 per cent of the co-pilot flight time towards the total flight time required for a higher grade of pilot licence.

    (3) Notwithstanding subregulation (2), the Authority may authorise that flight time shall be credited in full towards the total flight time required, if the aircraft is equipped to be operated by a co-pilot and the aircraft is operated in a multi-crew operation.

    (4) When acting as a co-pilot of an aircraft certificated to be operated with a co-pilot, the holder of a pilot licence shall be entitled to be credited in full with the flight time towards the total time required for a higher grade of pilot licence.

    (5) When acting as a pilot-in-command under supervision, the holder of a pilot licence shall be entitled to be credited in full with the flight time towards the total flight time required for a higher grade of pilot licence.

18.    Limitation of privileges of pilots aged over 60 years

    A holder of a pilot licence shall not act as pilot-in-command of an aircraft engaged in international commercial air transport operations if the licence holder has attained his or her 60th birthday, or in the case of operations with more than one pilot where the other pilot is younger than 60 years of age, his or her 65th birthday.

PART IV
Student Pilot Licence (reg 19)

19.    Student pilot licence

    (1) The Authority shall set out the requirements and privileges for a student pilot and in setting out the privileges, the Authority shall ensure that such privileges do not permit a student pilot to constitute a hazard to air navigation.

    (2) A student pilot shall not fly solo unless he or she—

    (a)    is under the supervision of, or has the authority from an authorised flight instructor; and

    (b)    holds a current class 2 medical certificate.

    (3) A student pilot shall not fly solo in an aircraft on an international flight unless it is by special or general arrangement between Botswana and the Contracting State concerned.

PART V
Private Pilot Licence (regs 20-32)

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

20.    Age requirements

    An applicant for a private pilot licence, appropriate to the aeroplane, airship, helicopter and powered-lift categories, shall be at least 17 years of age.

21.    Knowledge requirements

    An applicant for a private pilot licence shall demonstrate a level of knowledge, appropriate to the privileges granted to the holder of a private pilot licence and appropriate to the category of aircraft intended to be included in the licence, in the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of a private pilot licence,

        (ii)    rules of the air,

        (iii)    altimeter setting procedures, and

        (iv)    appropriate air traffic service practices and procedures;

    (b)    aircraft general knowledge—

        (i)    principles of operation and functioning of engines, systems and instruments,

        (ii)    operating limitations of the relevant category of aircraft and engines including the relevant operational information from the flight manual or other appropriate document,

        (iii)    in the case of helicopters and powered-lifts, transmission (power trains), where applicable, and

        (iv)    in the case of airships, physical properties and practical application of gases;

    (c)    flight performance, planning and loading, including—

        (i)    the effects of loading and mass distribution on flight characteristics,

        (ii)    the use and practical application of take-off, landing and other performance data,

        (iii)    pre-flight and en route flight planning appropriate to private operations under visual flight rules,

        (iv)    the preparation and filing of air traffic service flight plans,

        (v)    the appropriate air traffic service procedures,

        (vi)    position reporting procedures,

        (vii)    altimeter setting procedures, and

        (viii)    operations in areas of high-density traffic;

    (d)    human performance, including principles of threat and error management;

    (e)    meteorology, including—

        (i)    the application of elementary aeronautical meteorology,

        (ii)    the use of and procedures for obtaining meteorological information,

        (iii)    altimetry, and

        (iv)    hazardous weather conditions;

    (f)    the practical aspects of air navigation, dead-reckoning techniques and the use of aeronautical charts;

    (g)    operational procedures, including—

        (i)    the application of threat and error management to operational performance,

        (ii)    altimeter setting procedures,

        (iii)    the use of aeronautical documentation such as Notice to Air Missions (NOTAM), aeronautical codes and abbreviations,

        (iv)    appropriate precautionary and emergency procedures, including action taken to avoid hazardous weather, wake turbulence and operating hazards, and

        (v)    in the case of helicopters and if applicable, powered-lifts, settling with power, ground resonance, retreating blade stall, dynamic roll over and safety procedures associated with flight in VMC;

    (h)    the principles of flight; and

    (i)    radiotelephony, including the—

        (i)    communication procedures and phraseology as applied to visual flight rules operations, and

        (ii)    action to be taken in case of communication failure.

22.    Skills requirements

    An applicant for a private pilot licence shall, as a pilot-in-command of an aircraft within appropriate category, demonstrate the ability to perform the procedures and manoeuvres, as may be specified by the Authority, with a degree of competency appropriate to the privileges granted to the holder of a private pilot licence and to—

    (a)    recognise and manage threats and errors;

    (b)    operate the aircraft within its limitations;

    (c)    complete all manoeuvres with smoothness and accuracy;

    (d)    exercise good judgement and airmanship;

    (e)    apply aeronautical knowledge; and

    (f)    maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

23.    Medical fitness

    An applicant for a private pilot licence shall hold a current class 2 medical certificate.

24.    Privileges of private pilot licence

    (1) Subject to the requirements under these Regulations, a holder of a private pilot licence shall act, but not for remuneration, as a pilot-in-command or co-pilot of an aircraft, within the appropriate aircraft category, engaged in non-revenue flights.

    (2) Before exercising the privileges at night, the licence holder shall have received dual instruction in aircraft within the appropriate category of aircraft in night flying, including take-off, landing and navigation.

B — Specific Requirements for Aeroplane Category

25.    Experience

    (1) The applicant shall have completed not less than 40 hours of flight time during a course of approved training, as a pilot of aeroplanes appropriate to the class rating sought.

    (2) Where the Authority determines that experience as a pilot, under instruction, in a flight simulation training device is acceptable as part of the total flight time of the 40 hours, credit for such experience shall be limited to a maximum of 5 hours.

    (3) When the applicant has flight time as a pilot of aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of subregulation (1) can be reduced accordingly.

    (4) The applicant shall have completed in aeroplanes, not less than—

    (a)    10 hours of solo flight, appropriate to the class rating sought, under the supervision of an authorised flight instructor; and

    (b)    5 hours of solo cross country flight time with at least one solo cross country flight of a total of not less than 270 kilometres or 150 nautical miles, in the course of which full-stop landings at two different aerodromes shall be made.

26.    Flight instruction

    (1) An applicant for a private pilot licence, with an aeroplane category rating, shall have received dual instruction in an aeroplane appropriate to the class rating applied for, from an authorised flight instructor.

    (2) The instructor shall ensure that the applicant has operational experience, to the level of performance required for a private pilot, in—

    (a)    recognising and managing threats and errors;

    (b)    pre-flight operations, including mass and balance determination, aeroplane inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    control of the aeroplane by external visual reference;

    (e)    flight at critically slow airspeeds, recognition of and recovery from incipient and full stalls;

    (f)    flight at critically high airspeeds, recognition of and recovery from spiral dives;

    (g)    normal and crosswind take-off and landing;

    (h)    maximum performance, being short field and obstacle clearance;

    (i)    take-off and short-field landings;

    (j)    flight by reference solely to instruments, including the completion of a level 180 degree turn;

    (k)    cross country flying using visual reference, dead reckoning and where available, radio navigation aids;

    (l)    emergency operations, including simulated aeroplane equipment malfunctions;

    (m)    operations to, from and transiting controlled aerodromes; compliance with air traffic service procedures; and

    (n)    communication procedures and phraseology.

C — Specific Requirements for Helicopter Category

27.    Experience

    (1) The applicant shall have completed not less than 40 hours of flight time, or 35 hours if completed during a course of approved training, as a pilot of helicopters.

    (2) The Authority shall determine whether experience as a pilot under instruction in a flight simulation training device is acceptable as part of the total flight time of 40 hours or 35 hours, as the case may be, and credit for such experience shall be limited to a maximum of 5 hours.

    (3) The Authority shall, where the applicant has flight time as a pilot of aircraft in other categories, determine—

    (a)    whether such experience is acceptable; and if so,

    (b)    the extent to which the flight time requirements of subregulation (1) may be reduced.

    (4) The applicant shall have completed in helicopters, not less than 10 hours of solo flight time under the supervision of an authorised flight instructor, including 5 hours of solo cross country flight time with at least one cross country flight, at a total of not less than 180 km (100 nautical miles) in the course of which landings, at two different points shall be made.

28.    Flight instruction

    (1) An applicant for private pilot licence with a helicopter rating shall have received not less than 20 hours of dual instruction time, in a helicopter, from an authorised flight instructor.

    (2) The instructor shall ensure that the applicant has operational experience, to the level of performance required for a private pilot, in—

    (a)    recognising and managing threats;

    (b)    pre-flight operations, including mass and balance determination, helicopter inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    controlling the helicopter by external visual reference;

    (e)    recovery at the incipient stage from settling with power; recovery techniques from low-rotor rpm within the normal range of engine rpm;

    (f)    ground manoeuvring and run-ups, hovering, take-offs and landings on normal, out of wind and sloping ground;

    (g)    take-offs and landings with necessary power, including maximum performance take-off and landing techniques on restricted site operations or quick stops;

    (h)    cross country flying using visual reference, dead reckoning and where available, radio navigation aids including a flight of at least one hour;

    (i)    emergency operations, including simulated helicopter equipment malfunction and autorotative approach;

    (j)    operations to, from and transiting controlled aerodromes;

    (k)    compliance with air traffic service providers; and

    (l)    communication procedures and phraseology.

    (3) The applicant shall have received dual instrument flight instruction from an authorised flight instructor.

    (4) The flight instructor shall ensure that the applicant has operational experience in flight, by reference solely to instruments, including the completion of a level 180 degree turn in a suitably instrumented helicopter.

D — Specific Requirements for Powered-lift Category

29.    Experience

    (1) An applicant for a private pilot licence with a powered-lift category rating shall have completed not less than 40 hours of flight time as a pilot of powered-lifts.

    (2) The Authority shall determine whether experience as a pilot under instruction, in a flight simulation training device, is acceptable as part of the total flight time of 40 hours required under subregulation (1).

    (3) Where the applicant has flight time as a pilot of an aircraft in other categories, the Authority shall determine whether such experience is acceptable as part of the total flight time and the extent to which the flight time requirements under subregulation (1) may be reduced.

    (4) An applicant shall have completed, in a powered-lift, not less than 10 hours of solo flight time under the supervision of an authorised flight instructor, including 5 hours of solo cross country flight time with at least one cross country flight of a total of not less than 270 kilometres or 150 nautical miles, in the course of which full-stop landings at two different aerodromes shall be made.

30.    Flight instruction

    (1) An applicant for a private pilot licence with a powered-lift category rating shall have received not less than 20 hours of dual instruction time in a powered-lift, from an authorised flight instructor.

    (2) A flight instructor shall ensure that the applicant has operational experience, to the level of performance required for a private pilot, in—

    (a)    recognising and managing threats and errors;

    (b)    pre-flight operations, including mass and balance determination, powered-lift inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    controlling a powered-lift by external visual reference;

    (e)    ground manoeuvring and run-ups, hover and rolling take-offs and climb-out, hover and rolling approach and landings for normal, out of wind and sloping ground;

    (f)    take-off and landing with minimum necessary power, maximum performance take-off and landing techniques in restricted site operations and quick stops;

    (g)    flight by reference solely to instruments, including completion of a level 180 degree turn;

    (h)    recovery at the incipient stage from settling with power, recovery techniques from low-rotor rpm within the normal range of engine rpm;

    (i)    cross country flying using visual reference, dead reckoning and where available, radio navigation aids, including a flight of at least one hour;

    (j)    emergency operations, including simulated powered-lift equipment malfunctions, power of reconversion to autorotation and autorotative approach, and where applicable, transmission and interconnect driveshaft failure;

    (k)    operations to, from and transiting controlled aerodromes;

    (l)    compliance with air traffic service procedures; and

    (m)    communication procedures and phraseology.

E — Specific Requirements for Airship Category

31.    Experience

    An applicant for a private pilot licence with an airship category rating shall have completed not less than 25 hours of flight time, as a pilot of an airship, including at least—

    (a)    three hours of cross country flight training in an airship, with a cross country flight of a total of not less than 45 km or 25 nautical miles;

    (b)    five take-offs and five landings to a full stop at an aerodrome, with each landing involving a flight in the traffic pattern at an aerodrome;

    (c)    three hours of instrument time; and

    (d)    five hours as a pilot assuming the duties of a pilot-in-command, under the supervision of the pilot-in-command.

32.    Flight instruction

    (1) An applicant for a private pilot licence with an airship category rating shall have received dual instruction, in an airship, from an authorised flight instructor.

    (2) A flight instructor shall ensure that the applicant under subregulation (1) has received instruction in—

    (a)    recognising and managing threats and errors;

    (b)    pre-flight operations, including mass and balance determination, airship inspection and servicing;

    (c)    ground reference manoeuvres;

    (d)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (e)    techniques and procedures for take-off, including appropriate limitations, emergency procedures and signals used;

    (f)    controlling an airship by external visual reference;

    (g)    take-offs, landings and go-arounds;

    (h)    maximum performance (obstacle clearance), take-offs;

    (i)    flight by reference solely to instruments, including the completion of a level 180 degree turn;

    (j)    navigation, cross country flying using visual reference, dead reckoning and radio navigation aids;

    (k)    emergency operations, recognition of leaks, including simulated airship equipment malfunctions; and

    (l)    communication procedures and phraseology.

PART VI
Commercial Pilot Licence (regs 33-45)

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

33.    Age requirements

    An applicant for a commercial pilot licence shall not be less than 18 years of age.

34.    Knowledge requirements

    An applicant for a commercial pilot licence shall have demonstrated a level of knowledge, appropriate to the privileges granted to the holder of a commercial licence and appropriate to the category of aircraft intended to be included in the licence, in—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of a commercial pilot licence,

        (ii)    rules of the air, and

        (iii)    appropriate air traffic service practices and procedures;

    (b)    aircraft general knowledge for aeroplanes, airship, helicopters and powered-lift, including—

        (i)    principles of operation and functioning of engines, systems and instruments,

        (ii)    operating limitations of the relevant category of aircraft and engines,

        (iii)    relevant operational information from the flight manual or other documents,

        (iv)    use and serviceability checks of equipment and systems of the appropriate aircraft,

        (v)    maintenance procedures for airframes, systems and engines of the appropriate aircraft,

        (vi)    in the case of a helicopter or powered-lift, transmission (power train), where applicable, or

        (vii)    in the case of an airship, physical properties and practical application of gases;

    (c)    flight performance, planning and loading, including—

        (i)    the effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations,

        (ii)    the use and practical application of take-off, landing and other performance data, or

        (iii)    in the case of an airship, helicopter or powered-lift, the effects of external loading on handling;

    (d)    human performance including principles of threat and error management;

    (e)    meteorology, including—

        (i)    the interpretation and application of aeronautical meteorological reports, charts and forecasts,

        (ii)    the use of, and procedures for obtaining meteorological information pre-flight and in-flight,

        (iii)    altimetry,

        (iv)    aeronautical meteorology including climatology of relevant areas in relation to elements that have effect on aviation,

        (v)    the movement of pressure systems, the structure of fronts and the origin and characteristics of significant weather phenomena which affect take-off, en route and landing conditions, and

        (vi)    the causes, recognition and effects of icing, including frontal zone penetration procedures; hazardous weather avoidance;

    (f)    navigation, including—

        (i)    air navigation including the use of aeronautical charts, instruments and navigation aids,

        (ii)    an understanding of the principles and characteristics of appropriate navigation systems,

        (iii)    the operation of airborne equipment, and

        (iv)    in the case of airships the—

            (aa)    use, limitation and serviceability of avionics and instruments necessary for control and navigation,

            (bb)    use, accuracy and reliability of navigation systems used in departure, en route, approach and landing phases of flight and identification of radio navigation, and

            (cc)    principles and characteristics of self-contained and external referenced navigation system and operation of airborne equipment;

    (g)    operational procedure—

        (i)    the application of threat and error management to operational performance,

        (ii)    the use of aeronautical documentation such as NOTAM, aeronautical codes and abbreviations,

        (iii)    altimeter setting procedures,

        (iv)    the appropriate precautionary and emergency procedures,

        (v)    the operational procedures for carriage of freight, potential hazards associated with dangerous goods,

        (vi)    the requirements and practices for safety briefing to passengers, including precautions to be observed when embarking and disembarking from the aircraft, and

        (vii)    in the case of a helicopter and where applicable, powered-lift, settling with power, ground resonance, retreating blade stall, dynamic rollover and other operating hazards and safety procedures associated with flight in VMC;

    (h)    principles of flight; and

    (i)    radiotelephony communication procedures and phraseology applied to visual flight rules operations, including action to be taken in the case of communication failure.

35.    Skills requirements

    An applicant for a commercial pilot licence shall demonstrate the ability to perform as pilot-in-command of an aircraft within the appropriate category of aircraft, the procedures and manoeuvres, as may be specified by the Authority, with a degree of competency appropriate to the privileges granted to the holder of a commercial pilot licence, and shall—

    (a)    recognise and manage threats and errors;

    (b)    operate the aircraft within its limitations;

    (c)    complete all manoeuvres with smoothness and accuracy;

    (d)    exercise good judgement and airmanship;

    (e)    apply aeronautical knowledge;

    (f)    maintain control of the aircraft at all times; and

    (g)    ensure the successful outcome of a procedure or manoeuvre.

36.    Medical fitness

    An applicant for a commercial pilot licence shall hold a class 1 medical certificate.

37.    Privileges and conditions of commercial pilot licence

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of a commercial pilot licence shall be—

    (a)    to exercise all the privileges of the holder of a private pilot licence in an aircraft, within the appropriate aircraft category;

    (b)    to act as a pilot-in-command of an aircraft within the appropriate aircraft category engaged in operations other than commercial air transportation;

    (c)    to act as a pilot-in-command of an aircraft, within the appropriate aircraft category and certificated for single-pilot operation, engaged in commercial air transportation;

    (d)    to act as a co-pilot of an aircraft, within the appropriate aircraft category, required to be operated with a co-pilot; and

    (e)    in the case of an airship category, to pilot an airship under instrument flight rules.

    (2) Where the privileges are exercised at night, the holder of the licence shall have received dual instruction in an aircraft, within the appropriate category of an aircraft in night flying, including take-off, landing and navigation.

B — Specific Requirements for Aeroplane Category

38.    Experience

    (1) An applicant for a commercial pilot licence with an aeroplane category rating shall have completed not less than 200 hours of flight time, or 150 hours if completed during a course of approved training, as a pilot of aeroplanes.

    (2) The Authority shall determine whether experience as a pilot under instruction in a flight simulation training device is acceptable as part of the total flight time of 200 hours or 150 hours, as the case may be and credit for such experience shall be limited to a maximum of 20 hours.

    (3) The applicant shall have completed in an aeroplane, not less than—

    (a)    100 hours as a pilot-in-command or, in the case of a course of approved training, 70 hours as a pilot-in-command;

    (b)    20 hours of cross country flight time as a pilot-in-command including a cross country flight of a total of not less than 540 kilometres or 300 nautical miles, in the course of which full-stop landings at two different aerodromes shall be made;

    (c)    10 hours of instrument instruction time, of which not more than five hours may be instrument ground time; and

    (d)    five hours of night flight time including five take-offs and five landings as a pilot-in-command, if the privileges of the licence are to be exercised at night.

    (4) Where an applicant has flight time as a pilot of aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of subregulation (2) can be reduced accordingly.

39.    Flight instruction

    (1) An applicant for a commercial pilot licence with an aeroplane category rating shall have received dual instruction in an aeroplane, appropriate to the class and type rating sought, from an authorised flight instructor.

    (2) A flight instructor shall ensure that the applicant has operational experience, to the level of performance required for a commercial pilot, in at least the following—

    (a)    recognising and managing errors and threats;

    (b)    pre-flight operations, including mass and balance determination, aeroplane inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    control of the aeroplane by external visual reference;

    (e)    flight at critically slow airspeeds; spin avoidance; recognition of and recovery from, incipient and full stalls;

    (f)    flight with asymmetrical power for multi-engine class and type rating;

    (g)    flight at critically high airspeed; recognition of, and recovery from spiral dives;

    (h)    maximum performance, short field and obstacle clearance take-offs and landings;

    (i)    normal and cross-wind take-offs and landings;

    (j)    basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

    (k)    cross country flying using visual reference, dead reckoning and radio navigation aids; diversion procedures;

    (l)    abnormal and emergency procedures including simulated aeroplane equipment malfunctions;

    (m)    operations to, from and transiting controlled aerodromes, compliance with air traffic service procedures; and

    (n)    communication procedures and phraseology.

C — Specific Requirements for Powered-lift Category

40.    Experience

    (1) An applicant for a commercial pilot licence with a powered-lift category rating shall have completed, as a pilot of a powered-lift, not less than 200 hours of flight time in a powered-lift or 150 hours if completed during a course of approved training, as a pilot of aircraft.

    (2) The Authority shall determine whether experience as a pilot under instruction in a flight simulation training device is acceptable as part of the total flight time of 200 hours or 150 hours, as the case may be.

    (3) The applicant shall have completed, in a powered-lift, not less than—

    (a)    50 hours as a pilot-in-command;

    (b)    10 hours of cross country flying as a pilot-in-command, including cross country flight at a total of not less than 540 kilometres or 300 nautical miles, in the course of which full-stop landings at two different aerodromes shall be made;

    (c)    10 hours of instrument instruction, of which not more than five hours may be instrument ground time; and

    (d)    five hours of night flight time including five take-offs and landings as a pilot-in-command if the privileges are to be exercised at night.

    (4) Where the applicant has flight time as a pilot of aircraft in other categories, the Authority shall determine whether such experience is acceptable and the extent to which flight time requirements under subregulation (1) may be reduced.

41.    Flight instruction

    (1) An applicant for a commercial pilot licence with a powered-lift category shall have received dual instruction in a powered-lift from an authorised flight instructor.

    (2) A flight instructor shall ensure that the applicant has operational experience, to the level of performance required for the commercial pilot, in—

    (a)    recognising and managing errors and threats;

    (b)    pre-flight operations including mass and balance determination, powered-lift inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    controlling a powered-lift by external visual reference;

    (e)    recovery at incipient stage from settling with power, recovery techniques from low-rotor rpm within the normal range engine rpm;

    (f)    ground manoeuvring and run-ups, hovering and rolling take-offs and climb-out; hover and rolling approach and landings-normal, out of wind and sloping ground steep approaches;

    (g)    take-off and landing with minimum necessary power, maximum performance take-off and landing techniques, restricted site operations and quick stops;

    (h)    hovering out of ground effect, operations with external load, if applicable, on flight at high altitude;

    (i)    basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

    (j)    cross country flying using visual reference, dead reckoning and where available, radio navigation aids, including a flight of at least one hour;

    (k)    emergency operations including simulated powered-lift equipment malfunctions, power of reconversion to autorotation and autorotative approach, and where applicable, transmission and interconnect driveshaft failure;

    (l)    operations to and from controlled aerodromes including compliance with air traffic service procedures; and

    (m)    communication procedures and phraseology.

D — Specific Requirements for Airship Category

42.    Experience

    (1) An applicant for commercial pilot licence with an airship category rating shall have completed not less than 200 hours of flight time as a pilot.

    (2) The applicant shall have completed not less than—

    (a)    50 hours as a pilot of an airship;

    (b)    30 hours in an airship as a pilot-in-command or pilot-in-command under supervision, which shall include not less than—

        (i)    10 hours of cross country flight time, and

        (ii)    10 hours of night flight;

    (c)    40 hours of instrument time, of which 20 hours shall be in flight and 10 hours in flight in an airship; and

    (d)    20 hours of flight training in airships in the areas of operation specified by the Authority.

43.    Flight instruction

    (1) An applicant for a commercial pilot with an airship category rating shall have received dual instruction, in an airship, from an authorised flight instructor.

    (2) A flight instructor shall ensure that the applicant has operational experience, to the level of performance required for the commercial pilot, in—

    (a)    recognising and managing errors and threats;

    (b)    pre-flight operations including mass and balance determination, airship inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    techniques and procedures for take-off, including appropriate limitations, emergency procedures and signals used;

    (e)    control of an airship by external visual reference;

    (f)    recognising leaks;

    (g)    normal take-off and landing;

    (h)    maximum performance (short field and obstacle clearance) take-off and short field landing;

    (i)    flight under instrument flight rules;

    (j)    cross country flying using visual reference, dead reckoning and where applicable, radio navigation aids;

    (k)    emergency operations including simulated airship equipment malfunctions;

    (l)    operations to, from and transiting controlled aerodromes and compliance with air traffic service procedures; and

    (m)    communication procedures and phraseology.

E — Specific Requirements for Helicopter Category

44.    Experience

    (1) An applicant for a commercial pilot licence with a helicopter category rating shall have completed not less than 150 hours of flight time or 100 hours if completed during a course of approved training, as a pilot of helicopters.

    (2) The Authority shall determine whether experience as a pilot under instruction in a flight simulation training device is acceptable as part of the total flight time of 150 hours or 100 hours, as the case may be and credit for such experience shall be limited to a maximum of 10 hours.

    (3) The applicant shall have completed, in a helicopter, not less than—

    (a)    35 hours as a pilot-in-command;

    (b)    10 hours of cross country flying as a pilot-in-command, including cross country flight in the course of which full-stop landings at two different points shall be made;

    (c)    10 hours of instrument instruction time of which not more than five hours may be instrument ground time; and

    (d)    five hours of night flight time including five take-offs and five landings patterns as a pilot-in-command if the privileges are to be exercised at night.

    (4) Where the applicant has flight time as a pilot of aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which flight time requirements under subregulation (1) may be reduced.

45.    Flight instruction

    (1) An applicant for a commercial pilot licence with a helicopter category shall have received dual instruction in a helicopter from an authorised flight instructor.

    (2) The flight instructor shall ensure that the applicant has operational experience, to the level of performance required for the commercial pilot, in—

    (a)    recognising and managing threats and errors;

    (b)    pre-flight operations including mass and balance determination, helicopter inspection and servicing;

    (c)    aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

    (d)    control of the helicopter by external visual reference;

    (e)    recovery at incipient stage, from settling with power;

    (f)    recovery techniques from low-rotor rpm within the normal range engine rpm;

    (g)    ground manoeuvring and run-ups, hovering, take-offs;

    (h)    landings in normal, out of wind and sloping ground and steep approaches;

    (i)    take-off and landing with minimum necessary power, maximum performance take-off and landing techniques, restricted site operations and quick stops;

    (j)    hovering out of ground effect, operations with external load, if applicable, flight at high altitude;

    (k)    basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

    (l)    cross country flying using visual reference, dead reckoning and radio navigation aids and diversion procedures;

    (m)    abnormal and emergency procedures, including simulated helicopter equipment malfunctions, autorotative approach and landing;

    (n)    operations to and from and controlled aerodromes, compliance with air traffic service procedures; and

    (o)    communication procedures and phraseology.

PART VII
Multi-crew Pilot Licence (MPL) for Aeroplane Category (regs 46-53)

46.    Age requirements

    An applicant for multi-crew pilot licence shall not be less than 18 years of age.

47.    Competencies

    (1) The Authority shall adapt and publish a competency model for multi-crew pilot licensing.

    (2) An applicant for MPL shall satisfactorily demonstrate the competencies identified in an adapted competency model to perform as a co-pilot of a turbine powered air transport aeroplane certificated for operation with a minimum crew of at least two pilots.

48.    Knowledge requirements

    (1) An applicant for a multi-crew pilot licence shall at least meet the requirements specified for an airline transport pilot licence, appropriate to the aeroplane category in an approved training course as well as the additional requirements underpinning the approved adapted competency model.

    (2) Training in the underpinning knowledge requirements shall be fully integrated with the training of the underpinning skill requirements.

49.    Skills requirements

    (1) The applicant shall have demonstrated the underpinning skills required for the competencies of the approved adapted competency model as pilot flying and pilot monitoring, to the level required to perform as a co-pilot of turbine-powered aeroplanes certificated for operation with a minimum crew of at least two pilots under VFR and IFR.

    (2) The Authority shall make the competency standards to be achieved and the associated performance criteria for the multi-crew pilot licence applicant shall be publicly available.

50.    Medical fitness

    An applicant for a multi-crew pilot licence shall hold a class 1 medical certificate.

51.    Privileges and conditions of multi-crew pilot licence

    (1) Subject to compliance with the requirements specified in these Regulations, a holder of a multi-crew pilot licence shall—

    (a)    exercise all the privileges of the holder of a private pilot licence in an aeroplane category, provided that the specific requirements for the aeroplane category under regulation 48 are met;

    (b)    exercise the privileges of an instrument rating in a multi-crew operation; and

    (c)    act as a co-pilot of an aeroplane required to be operated with a co-pilot.

    (2) The licence holder shall, before exercising the privileges of an instrument rating in a single-pilot operation in an aeroplane—

    (a)    demonstrate an ability to act as pilot-in-command in a single-pilot operation, exercised by reference solely to instruments; and

    (b)    meet the skills requirements for an instrument rating, appropriate to the aeroplane category.

    (3) The holder of a multi-crew pilot licence shall, before exercising the privileges of an instrument rating in a single-pilot operation in an aeroplane—

    (a)    complete 70 hours—

        (i)    as a pilot-in-command, or

        (ii)    made up of not less than 10 hours as a pilot-in-command and 10 hours as a pilot-in-command under supervision;

    (b)    complete 20 hours of cross country flight time—

        (i)    as a pilot-in-command, or

        (ii)    made up of not less than 10 hours as a pilot-in-command and 10 hours as a pilot-in-command under supervision, including a cross country flight to a total of not less than 540 km or 300 nautical miles, in the course of which full-stop landings at two different aerodromes shall be made; and

    (c)    meet the requirements, for a commercial pilot licence appropriate to the aeroplane category.

52.    Experience

    (1) An applicant for a multi-crew pilot licence shall have completed, in an approved training course, not less than 240 hours, which includes actual and simulated flight, as a pilot flying and pilot monitoring.

    (2) Flight experience in actual flight shall include—

    (a)    the experience required for an aeroplane category rating;

    (b)    upset recovery training;

    (c)    night flying; and

    (d)    flight by reference solely to instruments.

    (3) In addition to meeting the provisions of subregulation (2) above, the applicant shall have gained, in a turbine powered aeroplane certificated for operation with a minimum crew of at least two pilots, or in a flight simulation training device approved for that purpose by the Authority, in accordance with Part A of Schedule 3 the experience necessary to achieve the final competency standard of the approved adapted competency model.

53.    Flight instruction

    (1) An applicant for a multi-crew pilot licence shall have completed a course of approved training covering the experience requirements under regulation 51.

    (2) The applicant shall have received dual flight instruction in order to achieve the final competency standard in all the competencies of the approved adapted competency model for the issue of the multi-crew pilot licence.

PART VIII
Airline Transport Pilot Licence (regs 54-64)

A — General Requirements Appropriate to the Aeroplane, Airship, Helicopter and Powered-lift Categories

54.    Age requirements

    An applicant for an airline transport pilot licence shall not be less than 21 years of age.

55.    Knowledge requirements

    (1) An applicant for an airline transport pilot licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of an airline transport pilot licence and appropriate to the category of aircraft intended to be included in the licence, in at least the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of an airline transport pilot licence,

        (ii)    rules of the air, and

        (iii)    appropriate air traffic service practices and procedures;

    (b)    aircraft general knowledge for aeroplanes, helicopters and powered-lifts, including—

        (i)    the general characteristics and limitations of electrical, hydraulic, pressurisation and other aircraft systems, flight control systems including autopilot and stability augmentation,

        (ii)    the principles of operation, handling procedure, operating limitations of aircraft engines,

        (iii)    effects of atmospheric conditions on engine performance,

        (iv)    relevant operational information from the flight manual or any other appropriate document,

        (v)    the operating procedures and limitations of the relevant category of aircraft,

        (vi)    effects of atmospheric conditions on aircraft performance in accordance with the relevant operational information from the flight manual,

        (vii)    the use and serviceability checks of equipment and systems of appropriate aircraft,

        (viii)    flight instruments,

        (ix)    compasses, turning and acceleration errors,

        (x)    gyroscopic instruments operational limits and precession effects,

        (xi)    practices and procedures in the event of malfunctions of various flight instruments and electronic display units,

        (xii)    the maintenance procedures for airframes, systems and engines of appropriate aircraft, and

        (xiii)    for helicopters and powered-lift, transmission (power trains), where applicable;

    (c)    flight performance, planning and loading—

        (i)    the effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations,

        (ii)    the use of practical application of take-off, landing and other performance data including procedures for cruise control,

        (iii)    pre-flight and en route operational flight planning, preparation and filing of air traffic services flight plans, appropriate air traffic service procedures, altimeter setting procedures, and

        (iv)    in the case of helicopters and powered-lifts, the effects of external loading on handling;

    (d)    human performance including principles of threat and error management;

    (e)    meteorology—

        (i)    the interpretation and application of aeronautical meteorological reports, charts and forecasts,

        (ii)    codes and abbreviations,

        (iii)    the use of, and procedures for obtaining meteorological information, pre-flight and in-flight,

        (iv)    altimetry,

        (v)    aeronautical meteorology,

        (vi)    climatology of relevant areas in respect of the elements having an effect upon aviation,

        (vii)    the movement of pressure systems;

        (viii)    the structure of fronts and the origin and characteristics of significant weather phenomena which affect take-off, en route and landing conditions,

        (ix)    the causes, recognition and effects of icing,

        (x)    frontal zone penetration procedures and hazardous weather avoidance,

        (xi)    in the case of aeroplanes and powered-lifts, practical high altitude meteorology, including interpretation and use of weather reports, charts and forecasts, and

        (xii)    jet streams;

    (f)    operational procedures—

        (i)    application of threat and error management to operational performance,

        (ii)    interpretation and use of aeronautical documentation such as Adaptive Internet Protocol (AIP), NOTAM, aeronautical codes and abbreviations,

        (iii)    precautionary and emergency procedures and safety practices,

        (iv)    operational procedures for carriage of freight and dangerous goods,

        (v)    requirements and practices for safety briefing to passengers, including precautions to be observed when embarking and disembarking from aircraft,

        (vi)    in the case of helicopter and where applicable, powered-lift, settling with power, ground resonance, retreating blade stall, dynamic rollover and other operating hazards, including safety procedures associated with flight in VMC;

    (g)    navigation—

        (i)    air navigation, including the use of aeronautical charts, instruments and radio navigation aids and area navigation systems,

        (ii)    specific navigation requirements for long-range flights,

        (iii)    use, limitation and serviceability of avionics and instruments necessary for the control and navigation of aircraft,

        (iv)    the use, accuracy and reliability of navigation systems used in departure, en route, approach and landing phases of flight; identification of radio navigation aids, and

        (v)    principles and characteristics of self-contained and external referenced navigation system; operation of airborne equipment;

    (h)    principles of flight;

    (i)    radiotelephony;

    (j)    communication procedures and phraseology; and

    (k)    action to be taken in the case of communication failure.

    (2) An applicant for airline transport pilot licence appropriate to the aeroplane or powered-lift category shall, in addition to the knowledge requirements under subregulation (1), have met the knowledge requirements for an instrument rating.

56.    Skills requirements

    (1) An applicant for an airline transport pilot licence shall demonstrate the ability to perform, as pilot-in-command and of an aircraft within the appropriate category required to be operated with a co-pilot, the following procedures and manoeuvres—

    (a)    pre-flight procedures, including the preparation of the operational flight plan and filing of the air traffic service flight plan;

    (b)    normal flight procedures and manoeuvres during all phases of flight;

    (c)    abnormal and emergency procedures and manoeuvres related to failures and malfunctions of equipment, such as engine, systems and airframe;

    (d)    procedures for crew incapacitation and crew co-ordination, including allocation of pilot tasks, crew co-operation and the use of checklists; and

    (e)    in the case of an aeroplane and powered-lift, procedures and manoeuvres for instrument flight as described in regulation 62, including simulated engine failure.

    (2) An applicant shall, in the case of an aeroplane, have demonstrated the ability to perform the procedures and manoeuvres, described in subregulation (1), as a pilot-in-command of a multi-engine aeroplane.

    (3) The applicant shall have demonstrated the ability to perform the procedures and manoeuvres, required for an airline transport pilot licence, with a degree of competency appropriate to the privileges granted to the holder of an airline transport pilot licence and to—

    (a)    recognise and manage threats and errors;

    (b)    smoothly and accurately, manually control the aircraft within its limitations at all times, such that the successful outcome of a procedure or manoeuvre is assured;

    (c)    operate the aircraft in the mode of automation appropriate to the phase of flight and to maintain awareness of the active mode of automation;

    (d)    perform, in an accurate manner, normal, abnormal and emergency procedures in all phases of flight;

    (e)    exercise good judgement and airmanship, to include structured decision making and maintenance of situational awareness; and

    (f)    communicate effectively with other flight crew members and effectively perform procedures for crew incapacitation, crew co-ordination, standard operating procedures and the use of a checklist.

57.    Medical fitness

    An applicant for an airline transport pilot licence shall hold a current class 1 medical certificate.

58.    Privileges and conditions of airline transport pilot licence

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an airline transport pilot licence shall be to—

    (a)    exercise all the privileges of the holder of a private pilot licence and commercial pilot licence in an aircraft within the appropriate aircraft category and, in the case of an aeroplane or powered-lift category, of an instrument rating; and

    (b)    act as a pilot-in-command, in commercial air transportation, of an aircraft within the appropriate category and certificated for operation with more than one pilot.

    (2) Where the holder of an airline transport pilot licence in the aeroplane category has previously held only a multi-crew pilot licence, the privileges of the licence shall be limited to multi-crew operations unless the holder has met the requirements established in regulations 50(1)(a), 50(2), 50(3) and any limitation of the privileges shall be endorsed on the licence.

B — Specific Requirements for Aeroplane Category Rating

59.    Experience

    (1) An applicant for an airline transport pilot licence shall have completed not less than 1,500 hours of flight time as a pilot in an aeroplane.

    (2) The Authority shall determine whether experience as a pilot under instruction in a flight simulation training device is acceptable as part of the total flight of 1,500 hours:

    Provided that credit for such experience shall be limited to a maximum of 100 hours, of which not more than 25 hours shall have been acquired in a flight procedure trainer or a basic instrument flight trainer.

    (3) The applicant shall have completed, in an aeroplane, not less than—

    (a)    500 hours as a pilot-in-command under supervision; or

    (b)    250 hours—

        (i)    as a pilot-in-command, or

        (ii)    made up of not less than 70 hours as a pilot-in-command and the necessary additional flight time as pilot-in-command under supervision;

    (c)    200 hours of cross country flight time, of which not less than 100 hours shall be as a pilot-in-command or as a pilot-in-command under supervision;

    (d)    75 hours of instrument time, of which not more than 30 hours may be instrument ground time; and

    (e)    100 hours of night flight as a pilot-in-command or as a co-pilot.

    (4) When the applicant has flight time as a pilot of aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of subregulation (2) can be reduced accordingly.

60.    Flight instruction

    An applicant for an airline transport pilot licence shall have received dual instruction required for the issue of—

    (a)    a commercial pilot licence with an aeroplane category rating;

    (b)    an instrument rating; and

    (c)    where applicable, a multi-crew pilot licence appropriate to the aeroplane category.

C — Specific Requirements for Helicopter Category Rating

61.    Experience

    (1) An applicant for an airline transport pilot licence with a helicopter category rating shall have completed not less than 1000 hours of flight time, as a pilot of a helicopter.

    (2) The Authority shall determine whether experience as a pilot under instruction, in a flight simulation training device, is acceptable as part of the total flight time of 1000 hours and credit for such experience shall be limited to a maximum of 100 hours of which not more than 25 hours shall have been acquired in a flight procedure trainer or a basic instrument flight trainer.

    (3) The applicant shall have completed in helicopters not less than—

    (a)    250 hours—

        (i)    as a pilot-in-command, or

        (ii)    made up of not less than 70 hours as a pilot-in-command and the necessary additional flight time as a pilot-in-command under supervision;

    (b)    200 hours of cross country flight time, of which not less than 100 hours shall be as a pilot-in-command or as a pilot-in-command under supervision;

    (c)    30 hours of instrument time, of which not more than 10 hours may be instrument ground time; and

    (d)    50 hours of night flight as a pilot-in-command or as a co-pilot.

    (4) Where the applicant has flight time as a pilot of an aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements under subregulation (1) may be reduced accordingly.

62.    Flight instruction

    An applicant for airline transport pilot licence with a helicopter rating shall have received flight instruction required for the issue of a commercial pilot licence.

D — Specific Requirements for Powered-lift Category Rating

63.    Experience

    (1) An applicant for an airline transport pilot licence with a powered-lift category rating shall have completed not less than 1500 hours of flight time as a pilot of a powered-lift.

    (2) The Authority shall determine whether experience as a pilot under instruction, in a flight simulation training device, is acceptable as part of the total flight time of 1500 hours.

    (3) The applicant shall have completed in a powered-lift not less than—

    (a)    250 hours—

        (i)    as a pilot-in-command, or

        (ii)    made up of not less than 70 hours as a pilot-in-command and the necessary additional flight time as pilot-in-command under supervision;

    (b)    100 hours of cross country flight time, of which not less than 50 hours shall be as a pilot-in-command or as a pilot-in-command under supervision;

    (c)    75 hours of instrument time, of which not more than 30 hours may be instrument ground time; and

    (d)    25 hours of night flight as a pilot-in-command or as a co-pilot.

    (4) The applicant shall have received dual flight instruction required for issuance of a commercial pilot licence and an instrument rating.

    (5) Where the applicant has flight time as a pilot of an aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements under subregulation (1) can be reduced.

64.    Flight instruction

    An applicant for an airline transport pilot licence with a helicopter powered-lift category licence rating shall have received flight instruction required for the issue of a commercial pilot licence.

PART IX
Instrument Rating (Aeroplane, Airship, Helicopter and Powered-lift Categories) (regs 65-71)

65.    Knowledge requirements

    An applicant for an instrument rating shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of an instrument rating in at least the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to flight under instrument flight rules, and

        (ii)    related air traffic service practices and procedures;

    (b)    aircraft general knowledge for the aircraft category applied for—

        (i)    use, limitation and serviceability of avionics, electronic device and instruments necessary for the control and navigation of an aircraft under instrument flight rules and in instrument meteorological conditions,

        (ii)    use and limitations of autopilot, and

        (iii)    compasses, turning and acceleration errors; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments;

    (c)    flight performance and planning for the aircraft category being sought—

        (i)    pre-flight preparations and checks appropriate to flight under instrument flight rules, and

        (ii)    operational flight planning; preparation and filing of air traffic service flight plans under instrument flight rules and altimeter setting procedures;

    (d)    human performance for the aircraft category applied for and human performance relevant to instrument flight in aircraft including principles of threat and error management;

    (e)    meteorology for the aircraft being sought—

        (i)    application of aeronautical meteorology; interpretation and use of reports, charts and forecasts; codes and abbreviations; use of, and procedures for obtaining meteorological information,

        (ii)    altimetry,

        (iii)    effects of icing; frontal zones penetration procedures and hazardous weather avoidance, and

        (iv)    in the case of a helicopter and powered-lift, effects of rotor icing;

    (f)    navigation for the aircraft category applied for—

        (i)    practical air navigation using radio navigation aids, and

        (ii)    use, accuracy and reliability of navigation systems used in departure, en route, approach and landing phases of flight and identification of radio navigation aids;

    (g)    operational procedures for the aircraft category applied for—

        (i)    application of threat and error management to operational performance,

        (ii)    interpretation and use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations, and instrument procedure charts for departure, en route, descent and approach, and

        (iii)    precautionary and emergency procedures; safety practices associated with flight under instrument flight rules; obstacle clearance criteria; and

    (h)    radiotelephony;

    (i)    communication procedures and phraseology as applied to aircraft as applied to aircraft under instrument flight rules; and

    (j)    action to be taken in case of communication failure.

66.    Skills requirements

    (1) An applicant for an instrument rating shall have demonstrated, in an aircraft of the category for which the instrument rating is being sought, the ability to perform the procedures and manoeuvres, specified by the Authority, with a degree of competency appropriate to the privilege granted to the holder of an instrument rating and to—

    (a)    recognise and manage threats and errors;

    (b)    operate the aircraft for the category being sought within its limitations;

    (c)    complete all manoeuvres with smoothness and accuracy;

    (d)    exercise good judgement and airmanship;

    (e)    apply aeronautical knowledge; and

    (f)    maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

    (2) Where the privileges of the instrument rating are exercised at night or under instrument flight conditions, the applicant shall have demonstrated the ability to operate multi-engine aircraft, within the appropriate category, by reference solely to instruments with one engine inoperative or simulated inoperative.

67.    Medical fitness

    An applicant for an instrument rating, who holds a private pilot licence, shall have established his or her hearing acuity on the basis of compliance with the hearing requirements for the issue of a class 1 medical certificate.

68.    Privileges of instrument rating

    Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an instrument rating with a specific aircraft category shall be to pilot that category of aircraft under instrument flight rules.

69.    Conditions for exercising privileges of instrument rating

    A holder of an instrument rating shall, before exercising the privileges on a multi-engine aircraft, meet the skills requirements provided in regulation 66(2).

70.    Experience

    (1) An applicant for an instrument rating shall hold a pilot licence for the aircraft category being sought.

    (2) The applicant shall have completed not less than—

    (a)    50 hours of cross country flight time as a pilot-in-command of an aircraft category acceptable to the Authority, of which not less than 10 hours shall be in the aircraft category sought; and

    (b)    40 hours of instrument in an aircraft of which not more than 20 hours, or 30 hours where a flight simulator is used, may be instrument ground time which ground time shall be under the supervision of an authorised instructor.

71.    Flight instruction

    (1) An applicant for an instrument rating shall have gained not less than 10 hours of instrument flight time required in regulation 70(2)(a) while receiving dual instrument flight instruction in the aircraft category being sought, from an authorised flight instructor.

    (2) The instructor shall ensure that the applicant has operational experience to the level of performance required for the holder of an instrument rating in—

    (a)    pre-flight procedures, including the use of the flight manual or equivalent document, and appropriate air traffic service documents in the preparation of an instrument flight rules flight plan;

    (b)    pre-flight inspection, the use of checklists, taxiing and pre-take-off checks;

    (c)    procedures and manoeuvres for instrument flight rules operation under normal, abnormal and emergency conditions covering at least—

        (i)    transition to instrument flight on take-off,

        (ii)    standard instrument departures and arrivals,

        (iii)    en route instrument flight rules procedures,

        (iv)    holding procedures,

        (v)    instrument approaches to specified minima,

        (vi)    missed approach procedures,

        (vii)    landing from instrument approaches; and

    (d)    in-flight manoeuvres and particular flight characteristics.

    (3) If the privileges of the instrument rating are to be exercised on multi-engine aircraft, the applicant shall have received dual instrument flight instruction in a multi-engine aircraft within the appropriate category from an authorised flight instructor.

    (4) The instructor shall ensure that the applicant has operational experience in the operation of the aircraft within the appropriate category by reference solely to instruments with one engine inoperative or simulated inoperative.

PART X
Flight Instructor Rating (Aeroplane, Airship, Helicopter and Powered-lift Categories) (regs 72-76)

72.    Knowledge requirements

    (1) An applicant for a flight instructor rating shall have met the knowledge requirements for the issue of a commercial pilot licence appropriate to the aircraft category to be included in the licence.

    (2) In addition, the applicant shall have demonstrated a level of knowledge, appropriate to the privileges granted to the holder of a flight instructor rating, in at least the following areas—

    (a)    techniques of applied instruction; and

    (b)    assessment of student performance in those subjects in which ground instruction is given;

    (c)    the learning process;

    (d)    elements of effective teaching;

    (e)    student evaluation and testing and training philosophies;

    (f)    training programme development;

    (g)    lesson planning;

    (h)    classroom instructional techniques;

    (i)    use of training aids, including flight simulation training devices as appropriate;

    (j)    analysis and correction of student errors;

    (k)    human performance relevant to flight instruction including principles of threat and error management; and

    (l)    hazards involved in simulating system failures and malfunctions in such aircraft.

73.    Skills requirements

    An applicant for a flight instructor rating shall have demonstrated, in the category and class of aircraft for which flight instructor privileges are sought, the ability to instruct in those areas in which flight instruction is to be given, including pre-flight, post-flight and ground instruction as appropriate.

74.    Experience

    An applicant for a flight instructor rating shall have met the experience requirements for the issue of a commercial pilot licence specified for an aeroplane, helicopter, powered-lift and airship category, as appropriate.

75.    Flight instruction

    An applicant for a flight instructor rating shall, under the supervision of a flight instructor, have—

    (a)    received instruction in flight instructional techniques including demonstration, student practices, recognition and correction of common student errors; and

    (b)    practised instructional techniques in those flight manoeuvres and procedures in flight instruction to be given.

76.    Privileges and conditions of instructor rating

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of a flight instructor rating shall be to—

    (a)    supervise solo flights by a student pilot; and

    (b)    carry out flight instruction for the issue of a private pilot licence, commercial pilot licence, instrument rating and flight instructor rating:

    Provided that the flight instructor—

        (i)    holds at least the licence and rating for which instruction is being given, in the appropriate aircraft category,

        (ii)    holds the licence and rating necessary to act as the pilot-in-command of the aircraft on which the instruction is given, and

        (iii)    has the flight instructor privileges granted entered on the licence.

    (2) An applicant, in order to carry out instruction for a multi-crew pilot licence, shall have met all the instructor rating requirements.

PART XI
Glider Pilot Licence (regs 77-82)

77.    Age requirements

    An applicant for a glider pilot licence shall be at least 16 years of age.

78.    Knowledge requirements

    An applicant for a glider pilot licence shall have demonstrated a level of knowledge, appropriate to the privileges granted to the holder of a glider pilot, in at least the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of a glider pilot licence,

        (ii)    rules of the air, and

        (iii)    appropriate air traffic service practices and procedures;

    (b)    aircraft general knowledge—

        (i)    principles of operation of glider systems and instruments, and

        (ii)    operating limitations of gliders; relevant operational information from the flight manual or other appropriate document;

    (c)    flight performance, planning and loading—

        (i)    the effects of loading and mass distribution on flight characteristics including mass and balance considerations,

        (ii)    the use and practical application of launching, landing and other performance data,

        (iii)    pre-flight and en routing flight planning appropriate to operations under VFR,

        (iv)    appropriate air traffic service procedures,

        (v)    altimeter setting procedures, and

        (vi)    operations in areas of high-density traffic;

    (d)    human performance relevant to the glider pilot including principles of threat and error management;

    (e)    meteorology, the application of elementary aeronautical meteorology, use of, and procedures for obtaining meteorological information and altimetry;

    (f)    practical aspects of air navigation and dead-reckoning techniques and use of aeronautical charts;

    (g)    operational procedures—

        (i)    the use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations,

        (ii)    the different launch methods and associated procedures, and

        (iii)    the appropriate precautionary and emergency procedures including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards;

    (h)    the principles of flight relating to gliders; and

    (i)    communication procedures, VFR operations and radio failure procedures.

79.    Experience

    (1) An applicant for a glider pilot licence shall have completed not less than six hours of flight time as a pilot of gliders, including two hours of solo flight time, during which not less than 20 launches and landings shall have been performed.

    (2) Where the applicant has flight time as a pilot of an aeroplane, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements under subregulation (1) may be reduced.

    (3) The applicant shall have gained, under the appropriate supervision, operational experience in gliders in at least the following areas—

    (a)    pre-flight operations, including glider assembly and inspection;

    (b)    techniques and procedures for the launching method used, including appropriate airspeed limitations, emergency procedures and signals used;

    (c)    traffic pattern operations, collision avoidance precautions and procedures;

    (d)    control of the glider by external visual reference;

    (e)    flight throughout the flight envelope;

    (f)    recognition of and recovery from incipient, full stalls and spiral dives;

    (g)    normal and crosswind launches, approaches and landings;

    (h)    cross country flying using visual reference and dead-reckoning; and

    (i)    emergency procedures.

80.    Skills requirements

    An applicant for a glider pilot licence shall have demonstrated the ability to perform as pilot-in-command of a glider, the procedures and manoeuvres provided for in regulation 79, with a degree of competency appropriate to the privileges granted to the holder of glider pilot licence and to—

    (a)    recognise and manage threats and errors;

    (b)    operate the glider within its limitations;

    (c)    complete all manoeuvres with smoothness and accuracy;

    (d)    exercise good judgement and airmanship;

    (e)    apply aeronautical knowledge; and

    (f)    maintain control of the glider at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

81.    Medical fitness

    An applicant for a glider pilot licence shall hold a current class 2 medical certificate.

82.    Privileges and conditions of glider pilot licence

    (1) Subject to compliance with the requirements specified in these Regulations, the holder of a glider pilot licence shall act as a pilot-in-command of any glider provided the licence holder has operational experience in the launching method used.

    (2) If passengers are to be carried, the licence holder shall have completed not less than 10 hours of flight time in gliders.

PART XII
Free Balloon Pilot Licence (regs 83-88)

83.    Age requirements

    An applicant for a free balloon pilot licence shall be at least 16 years of age.

84.    Knowledge requirements

    An applicant for a free balloon pilot licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a free balloon pilot licence, in at least the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of a free balloon pilot licence,

        (ii)    rules of air, and

        (iii)    the appropriate air traffic services practices and procedures;

    (b)    aircraft general knowledge—

        (i)    the principles of operation of free balloon systems and instruments,

        (ii)    the operating limitations of free balloons; the relevant operational information from the flight manual or other appropriate document, and

        (iii)    the physical properties and practical application of gases used in free balloons;

    (c)    flight performance, planning and loading—

        (i)    the effects of loading on flight characteristics including mass calculations,

        (ii)    the use and practical application of launching, landing and other performance data, including the effect of temperature, and

        (iii)    pre-flight and en route flight planning appropriate to the operations under visual flight rules, appropriate air traffic services procedures, altimeter setting procedures and operations in areas of high density traffic;

    (d)    human performance relevant to the free balloon pilot including the principles of threat and error management;

    (e)    meteorology—

        (i)    the application of elementary aeronautical meteorology,

        (ii)    the use of and procedures for obtaining meteorological information, and

        (iii)    altimetry;

    (f)    navigation—

        (i)    the practical aspects of air navigation and dead-reckoning techniques, and

        (ii)    the use of aeronautical charts;

    (g)    operational procedures—

        (i)    the use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations, and

        (ii)    the appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards;

    (h)    the principles of flight relating to free balloons; and

    (i)    communication procedures and phraseology as appropriate to VFR operations and action to be taken in case of communication failure.

85.    Experience

    (1) An applicant for a free balloon pilot licence shall have completed not less than 16 hours of flight time as a pilot of a free balloon including at least eight launches and ascents of which one shall be solo.

    (2) The applicant shall have gained operational experience in free balloons, under appropriate supervision, in free balloons in at least the following areas—

    (a)    pre-flight operations, including balloon assembly, rigging, inflation, mooring and inspection;

    (b)    techniques and procedures for the launching and ascent, including appropriate limitations, emergency procedures and signals used;

    (c)    collision avoidance precautions;

    (d)    control of the free balloon by external visual reference;

    (e)    recognition of and recovery from, rapid descents;

    (f)    cross country flying using visual reference and dead-reckoning;

    (g)    approaches and landings, including ground handling; and

    (h)    emergency approaches.

    (3) If the privileges of the licence are to be exercised at night, the applicant shall have gained, under appropriate supervision, operational experience in free balloons in night flying.

    (4) A holder of a free balloon pilot licence shall have completed not less than 35 hours of flight time, including 20 hours as a pilot of a free balloon if the privileges of the licence are to be exercised for remuneration or hire.

86.    Skills requirements

    An applicant for a free balloon pilot licence shall have demonstrated the ability to perform as a pilot-in-command of a free balloon, the procedures and manoeuvres described in regulation 85(2) with a degree of competency appropriate to the privileges granted to the holder of a free balloon pilot licence, and to recognise, manage threats and errors and—

    (a)    operate the free balloon within its limitations;

    (b)    complete all manoeuvres with smoothness and accuracy;

    (c)    exercise good judgement and airmanship;

    (d)    apply aeronautical knowledge; and

    (e)    maintain control of the free balloon at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

87. Medical fitness

    An applicant for a free balloon pilot licence shall hold a current class 2 medical certificate.

88.    Privileges of free balloon pilot licence

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of a holder of a free balloon pilot licence shall be to act as a pilot-in-command of any free balloon provided that the licence holder has operational experience in hot air or gas balloons, as appropriate.

    (2) If the privileges of the licence are to be exercised at night, the applicant shall have gained, under appropriate supervision, operational experience in free balloons in night flying.

PART XIII
Student Remote Pilot (regs 89-90)

89.    General requirements

    (1) A student remote pilot shall meet requirements prescribed by the Contracting State concerned. In prescribing such requirements, Contracting States shall ensure that the privileges granted would not permit student remote pilots to constitute a hazard to air navigation.

    (2) A student remote pilot shall not fly an Adaptive Internet Protocol (RPA) solo unless under the supervision of, or with the authority of, an authorised RPA instructor.

    (3) A student remote pilot shall not fly an RPA solo on international RPAS operations unless by special or general arrangement between the Contracting States concerned.

90.    Medical fitness requirements

    The Authority shall not permit a student remote pilot to fly an RPA solo unless he or she holds a current Class 3 or a current Class 1 Medical Assessment.

PART XIV
Remote Pilot (regs 91-98)

91.    General requirements

    The Authority shall not permit a student remote pilot to fly an RPA solo unless he/she holds a current Class 3 or a current Class 1 Medical Assessment.

92.    Age requirement

    The applicant shall not be less than 18 years of age.

93.    Knowledge requirement

    The applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of a remote pilot licence and appropriate to the category of Radioisotope Power System (RPA) and associated RPS intended to be included in the remote pilot licence, in at least the following subjects—

    (a)    air law—

        (i)    rules and regulations relevant to the holder of a remote pilot licence; rules of the air; appropriate air traffic services practices and procedures, and

        (ii)    rules and regulations relevant to flight under IFR; related air traffic services practices and procedures;

    (b)    general RPAS knowledge—

        (i)    principles of operation and the functioning of engines, systems and instruments,

        (ii)    operating limitations of the relevant category of RPA and engines; relevant operational information from the flight manual or other appropriate document,

        (iii)    use and serviceability checks of equipment and systems of appropriate RPA,

        (iv)    maintenance procedures for airframes, systems and engines of appropriate RPA,

        (v)    for rotorcraft and powered-lifts, transmission (power trains) where applicable,

        (vi)    use, limitation and serviceability of avionics, electronic devices and instruments necessary for the control and navigation of an RPA under IFR and in instrument meteorological conditions,

        (vii)    flight instruments; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments,

        (viii)    for airships, physical properties and practical application of gases,

        (ix)    RPS general knowledge—

            (aa)    principles of operation and function of systems and instruments,

            (bb)    use and serviceability checks of equipment and systems of appropriate RPS, and

            (cc)    procedures in the event of malfunctions,

        (x)    C2 link general knowledge—

            (aa)    different types of C2 links and their operating characteristics and limitations,

            (bb)    use and serviceability checks of C2 link systems, and

            (cc)    procedures in the event of C2 link malfunction, and

        (xi)    detect and avoid capabilities for RPAS;

    (c)    flight performance, planning and loading—

        (i)    effects of loading and mass distribution on RPA handling, flight characteristics and performance; mass and balance calculations,

        (ii)    use and practical application of take-off, landing and other performance data,

        (iii)    pre-flight and en route flight planning appropriate to RPAS operations under IFR; preparation and submission of air traffic services flight plans under IFR; appropriate air traffic services procedures; altimeter setting procedures, and

        (iv)    in the case of airships, rotorcraft and powered-lifts, effects of external loading on handling;

    (d)    human performance—

        (i)    human performance relevant to RPAS and instrument flight, including principles of TEM;

    (e)    meteorology—

        (i)    interpretation and application of aeronautical meteorological reports, charts and forecasts; use of, and procedures for obtaining, meteorological information, pre-flight and in-flight; altimetry,

        (ii)    aeronautical meteorology; climatology of relevant areas with respect to the elements having an effect on aviation; the movement of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take-off, en route and landing conditions,

        (iii)    causes, recognition and effects of icing; frontal zone penetration procedures; hazardous weather avoidance,

        (iv)    in the case of rotorcraft and powered-lifts, effects of rotor icing, and

        (v)    in the case of high altitude operations, practical high altitude meteorology, including interpretation and use of weathers reports, charts and forecasts, jet streams;

    (f)    navigation—

        (i)    air navigation, including the use of aeronautical charts, instruments and navigation aids; an understanding of the principles and characteristics of appropriate navigation systems; operation of RPAS equipment,

        (ii)    use, limitation and serviceability of avionics and instruments necessary for control and navigation,

        (iii)    use, accuracy and reliability of navigation systems used in departure, en route, approach and landing phases of flight; identification of radio navigation aids, and

        (iv)    principles and characteristics of self-contained and external-referenced navigation systems; operation of RPAS equipment;

    (g)    operational procedures—

        (i)    application of TEM to operational performance,

        (ii)    interpretation and use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations and instrument procedure charts for departure, en route, descent and approach,

        (iii)    altimeter setting procedures,

        (iv)    appropriate precautionary and emergency procedures; safety practices associated with flight under IFR; obstacle clearance criteria,

        (v)    operational procedures for carriage of freight; potential hazards associated with dangerous goods and their management,

        (vi)    requirements and practices for safety briefings to remote flight crew members,

        (vii)    in the case of rotorcraft, and if applicable, powered-lifts, settling with power; ground resonance; retreating blade stall; dynamic rollover and other operating hazards; safety procedures, associated with flight in VMC,

        (viii)    operational procedures for handovers and co-ordination, and

        (ix)    operational procedures for normal and abnormal C2 link operations; and

    (h)    principles of flight—

        (i)    principles of flight, and

        (ii)    radiotelephony, and

        (iii)    communication procedures and phraseology; action to be taken in case.

94.    Skill requirements

    (1) The applicant shall have demonstrated all the competencies of the adapted competency model approved by the Authority at the level required, to act as remote pilot in command of an RPAS operation within the appropriate category of RPA and associated RPS.

    (2) If the privileges of the remote pilot are to be exercised on a multi-engined RPA, the applicant shall have demonstrated the ability to operate under IFR with degraded propulsion capabilities.

95.    Medical fitness requirements

    The applicant shall hold a current Class 3 Medical Assessment or a current Class 1 Medical Assessment.

96.    Privileges of remote pilot licence holder

    (1) Subject to compliance with the requirements specified in these regulations, the privileges of the holder of a remote pilot licence shall be—

    (a)    to act as remote pilot-in-command of an RPA and associated RPS, certificated for remote single-pilot operation;

    (b)    to act as remote co-pilot of an RPA and associated RPS, required to be operated with a remote co-pilot;

    (c)    to act as a remote pilot-in-command of an RPA and the associated RPS, required to be operated with a remote co-pilot; and

    (d)    to act either as remote pilot-in-command or as remote co-pilot of an RPAS under IFR.

    (2) Before exercising the privileges at night, the remote pilot licence holder shall have received dual instruction in an RPA and associated RPS in night flying, including take-off, landing and navigation.

B — Specific Requirements for Issue of Remote Pilot Licence

97.    Experience requirement

    The applicant shall have gained experience during training in operating the RPA and associated RPS to successfully demonstrate the competencies required in these Regulations.

98.    Training requirement

    (1) In order to meet the requirements of the remote pilot licence, the applicant shall have completed an approved training course. The training shall be competency-based and, if applicable, conducted in a multi-crew operational environment.

    (2) During the training, the applicant shall have acquired the competencies and underpinning skills required for performing as a remote pilot of an RPA certificated for operation under IFR.

    (3) The applicant shall have received dual remote pilot licence training in an RPA and associated RPS, sought from an authorised RPAS instructor.

    (4) The RPAS instructor shall ensure that the applicant has operational experience in all phases of flight and the entire operating envelope of an RPAS, including abnormal and emergency conditions, upset prevention and recovery training for the categories concerned, as well as IFR operations.

PART XV
Licences and Ratings for Personnel Other than Flight Crew Member (regs 99-113)

99.    General requirements

    (1) An applicant shall, before being issued with a licence or rating for personnel other than a flight crew member, meet such requirements in respect of age, knowledge, experience and where appropriate medical fitness and skill, as are specified for the licence or rating sought.

    (2) An applicant for a licence or rating for personnel other than a flight crew member shall demonstrate, in a manner determined by the Authority, such requirements in respect of knowledge and skill as are specified for the licence or rating sought.

A — Aircraft Maintenance Engineer Licence

100.    Age requirement

    An applicant for an aircraft maintenance engineer licence shall be at least 18 years of age.

101.    Knowledge requirements

    An applicant for an aircraft maintenance engineer licence shall have demonstrated a level of knowledge relevant to the privileges to be granted and appropriate to the responsibilities of an aircraft maintenance licence holder, in the following subjects—

    (a)    air law and airworthiness requirements, rules and regulations relevant to an aircraft maintenance licence holder including applicable airworthiness requirements governing certification and continuing airworthiness of an aircraft and approved aircraft maintenance organisation and procedures;

    (b)    natural science and aircraft general knowledge, basic mathematics and units of measurements, fundamental principles and theory of physics and chemistry applicable to aircraft maintenance;

    (c)    aircraft engineering—

        (i)    characteristics and applications of the materials of aircraft construction including principles of construction, functioning of aircraft structures and fastening techniques,

        (ii)    engines and their associated systems,

        (iii)    mechanical, fluid, electrical and electronic power sources,

        (iv)    aircraft instrument and display systems,

        (v)    aircraft control systems, and

        (vi)    airborne navigation and communication systems;

    (d)    aircraft maintenance, including tasks required to ensure the continuing airworthiness of an aircraft including methods and procedures for the overhaul, repair, inspection, replacement, modification or defect rectification of aircraft structures, components and systems in accordance with the methods prescribed in the relevant maintenance manuals and the applicable standards of airworthiness; and

    (e)    human performance, including principles of threat and error management, relevant to aircraft maintenance.

102.    Experience

    An applicant for an aircraft maintenance engineer licence shall have the following experience in the inspection, servicing and maintenance of an aircraft or its components—

    (a)    for the issue of a licence with privileges for the aircraft in its entirety, at least—

        (i)    four years, or

        (ii)    two years, if the applicant has satisfactorily completed an approved training course; and

    (b)    for the issue of a licence with privileges restricted in accordance with these Regulations, a period of time that will enable a level of competency equivalent to that required in paragraph (a) to be attained, provided that this is not less than—

        (i)    two years, or

        (ii)    such a period as the Authority considers necessary to provide an equivalent level of practical experience to an applicant who has satisfactorily completed an approved training course.

103.    Skills requirements

    An applicant for aircraft maintenance engineer licence shall have demonstrated the ability to perform functions applicable to the privileges to be granted.

104.    Privileges and conditions of holder of aircraft maintenance engineer

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an aircraft maintenance engineer licence shall be to certify the aircraft or parts of the aircraft as airworthy after an authorised repair, modification or installation of an engine, accessory, instrument, and an item of equipment, and to sign a maintenance release following inspection, maintenance operations or routine servicing.

    (2) The holder of an aircraft maintenance licence specified in subregulation (1) shall exercise the privileges only in respect of—

    (a)    an aircraft entered on the licence in its entirety specifically or under broad categories;

    (b)    the airframes and engine and aircraft systems or components as are entered on the licence either specifically or under broad categories;

    (c)    aircraft avionics systems or components as are entered either specifically or under broad categories:

    Provided that the licence holder is familiar with all the relevant information relating to the maintenance and airworthiness of the particular aircraft for which the licence holder is signing a maintenance release, or such airframe, engine, aircraft system or component and aircraft avionic system or component which the licence holder is certifying as being airworthy; and

    (d)    on the condition that, within the preceding 24 months, the licence holder has had experience in the inspection, servicing or maintenance of an aircraft or components in accordance with the privileges granted by the licence held for not less than six months, or has met the provision for the issue of a licence with the appropriate privileges, to the satisfaction of the Authority.

    (3) Where the Authority authorises an approved maintenance organisation to appoint non-licenced personnel to exercise the privileges of an aircraft maintenance engineer, the person appointed shall meet the requirements specified for the issue of an aircraft maintenance engineer licence.

B — Student Air Traffic Controller Licence

105.    Requirements for authorisation

    Before authorising student air traffic controllers, the Authority shall ensure that student air traffic controllers do not constitute a hazard to air navigation.

106.    Medical fitness

    A student air traffic controller shall not receive instruction in an operational environment unless he or she holds a current class 3 medical certificate.

107.    Medical fitness requirements

    The applicant shall hold a current Class 3 Medical Assessment or a current Class 1 Medical Assessment.

C — Specific Requirements for Issue of Remote Pilot Licence

108.    Experience requirement

    The applicant shall have gained experience during training in operating the RPA and associated RPS to successfully demonstrate the competencies required in these Regulations.

109.    Training requirements

    (1) In order to meet the requirements of the remote pilot licence, the applicant shall have completed an approved training course. The training shall be competency-based and, if applicable, conducted in a multi-crew operational environment.

    (2) During the training, the applicant shall have acquired the competencies and underpinning skills required for performing as a remote pilot of an RPA certificated for operation under IFR.

    (3) The applicant shall have received dual remote pilot licence training in an RPA and associated RPS, sought from an authorised RPAS instructor. The RPAS instructor shall ensure that the applicant has operational experience in all phases of flight and the entire operating envelope of an RPAS, including abnormal and emergency conditions, upset prevention and recovery training for the categories concerned, as well as IFR operations.

    (4) If the privileges of the remote pilot are to be exercised on a multi-engined RPA, the applicant shall have received dual instrument remote pilot licence training in a multi-engined RPA within the appropriate category from an authorised RPAS instructor. The RPAS instructor shall ensure that the applicant has operational experience in the operation of the RPA within the appropriate category with engines inoperative or simulated inoperative.

110.    Privileges of remote pilot licence holder

    (1) Subject to compliance with the requirements specified in these regulations, the privileges of the holder of a remote pilot licence shall be—

    (a)    to act as remote pilot-in-command of an RPA and associated RPS, certificated for remote single-pilot operation;

    (b)    to act as remote co-pilot of an RPA and associated RPS, required to be operated with a remote co-pilot;

    (c)    to act as a remote pilot-in-command of an RPA and the associated RPS, required to be operated with a remote co-pilot; and

    (d)    to act either as remote pilot-in-command or as remote co-pilot of an RPAS under IFR.

    (2) Before exercising the privileges at night, the remote pilot licence holder shall have received dual instruction in an RPA and associated RPS in night flying, including take-off, landing and navigation.

D — Air Traffic Controller Licence

111.    Knowledge requirement

    The applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of an air traffic controller.

E — Air Traffic Controller Ratings

112.    Privileges and conditions of the holder

    The holder of a licence shall not carry out instructions in an operator environment unless such holder has received specific authorisation from the Authority.

F — Aeronautical Station Operator Licence

113.    General requirement

    (1) The applicant for an aeronautical station operator licence shall meet the requirements of these Regulations.

    (2) Unlicensed persons may operate as aeronautical station operators on the condition that they meet the same requirements.

PART XVI
RPAS Instructor Rating (regs 114-140)

A — Requirements for the Issue of the Rating

114.    Knowledge requirement

    (1) The applicant shall demonstrate the ability to effectively assess trainees against the adapted competency model used in the approved training programme.

    (2) The applicant shall successfully complete the training and meet the qualifications of an approved training organisation appropriate to the delivery of competency-based training programmes.

    (3) The RPAS instructor training programme shall focus on the development of competence in the following specific areas—

    (a)    the adapted competency model of the remote pilot training programme according to the defined grading system used by the RPAS operator or approved training organisation;

    (b)    in accordance with the assessment and grading system of the RPAS operator or approved training organisation, making assessments by observing behaviours; gathering objective evidence regarding the observable behaviours of the adapted competency model used;

    (c)    recognising and highlighting performance that meets competency standards;

    (d)    determining root causes for deviations below the expected standards of performance; and

    (e)    identifying situations that could result in unacceptable reductions in safety margins.

    (4) The applicant shall have met the competency requirements for the issue of a remote pilot licence as appropriate to the category of RPA and associated RPS.

    (5) In addition, the applicant shall have demonstrated a level of competency appropriate to the privileges granted to the holder of an RPAS instructor rating, in at least the following areas—

    (a)    techniques of applied instruction;

    (b)    assessment of student performance in those subjects in which ground instruction is given;

    (c)    the learning process;

    (d)    elements of effective teaching;

    (e)    competency-based training principles, including student assessments;

    (f)    evaluation of the training programme effectiveness;

    (g)    lesson planning;

    (h)    classroom instructional techniques;

    (i)    use of training aids, including FSTDs as appropriate;

    (j)    analysis and correction of student errors;

    (k)    human performance relevant to RPAS, instrument flight and remote pilot licence training, including principles of TEM; and

    (l)    hazards involved in simulating system failures and malfunctions in the aircraft.

115.    Skill requirements

    (1) The applicant shall have successfully performed a formal competency assessment, prior to conducting instruction and assessment within a competency-based training programme.

    (2) The competency assessment shall be conducted during a practical training session in the category of RPA and associated RPS for which RPAS instructor privileges are sought, including pre-flight, post-flight and ground instruction as appropriate.

    (3) The competency assessment shall be conducted by a person authorised by the Licensing Authority.

116.    Experience requirement

    (1) The applicant shall have met the requirements for the issue of a remote pilot licence, shall maintain competencies and meet the recent experience requirements for the licence.

    (2) The applicant shall have sufficient training and experience to attain the required level of proficiency in all of the required tasks, manoeuvres, operations and principles, and methods of instruction relevant to these Regulations.

117.    Training requirement

    The applicant shall, under the supervision of an RPAS instructor authorised by the Licensing Authority for that purpose—

    (a)    have received training in RPAS instructional techniques including demonstration, student practices, recognition and correction of common student errors; and

    (b)    have practised instructional techniques in those flight manoeuvres and procedures in which it is intended to provide remote pilot licence training.

118.    Privileges of the holder of the rating

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an RPAS instructor rating shall be—

    (a)    to supervise solo flights by student remote pilots; and

    (b)    to carry out remote pilot licence training for the issue of a remote pilot licence and an RPAS instructor rating provided that the RPAS instructor—

        (i)    holds at least the remote pilot licence and rating for which instruction is being given, in the appropriate RPA category and associated RPS,

        (ii)    holds the remote pilot licence and rating necessary to act as the remote pilot-in-command of the RPA category and associated RPS on which the instruction is given, and

        (iii)    has the RPAS instructor privileges granted endorsed on the remote pilot licence.

    (2) The applicant, in order to carry out remote pilot licence training in a multi-crew operational environment, shall have also met all the instructor qualification requirements.

B — Air Traffic Controller Licence

119.    Requirements for issue of licence

    (1) Before issuing an air traffic controller licence, the Authority shall require an applicant to meet all the requirements for an air traffic controller licence and the requirements of at least one of the ratings set out in these Regulations.

    (2) Unlicensed state employees may operate as air traffic controllers on condition that they meet the same requirements.

120.    Age requirements

    An applicant for an air traffic controller licence shall not be less than 21 years of age.

121.    Knowledge requirements

    An applicant for an air traffic controller licence shall have demonstrated a level of knowledge appropriate to the holder of an air traffic controller licence, in at least the following subjects—

    (a)    air law, the rules and regulations relevant to an air traffic controller; air traffic control equipment, the principles, use and limitations of equipment used in air traffic control;

    (b)    general knowledge—

        (i)    the principles of flight,

        (ii)    the principles of operation and functioning of aircraft, engines and systems, and

        (iii)    aircraft performance relevant to air traffic control operations;

    (c)    human performance including principles of threat and error management;

    (d)    meteorology—

        (i)    aeronautical meteorology,

        (ii)    the use and appreciation of meteorological documentation and information,

        (iii)    the origin and characteristics of weather phenomena affecting flight operations and safety, and

        (iv)    altimetry;

    (e)    navigation—

        (i)    the principles of air navigation, and

        (ii)    the principles, limitation and accuracy of navigation system and visual aids; and

    (f)    operational procedures—

        (i)    air traffic control communication, radiotelephony and phraseology procedures (routine, non-routine and emergency),

        (ii)    the use of the relevant aeronautical documentation, and

        (iii)    safety practices associated with a flight.

122.    Experience

    (1) An applicant for air traffic controller licence shall have completed an approved training course in an approved training organisation and demonstrated the required competence having accomplished not less than three months of satisfactory service engaged in the actual control of air traffic under the supervision of an appropriately rated air traffic controller on-the-job training instructor (OJTI).

    (2) The requirements specified for an air traffic controller rating may be credited as part of the experience required in this regulation.

    (3) An air traffic controller acting as an air traffic control on-the-job training instructor shall hold an appropriate rating and be qualified as an air traffic control on-the-job training instructor.

123.    Medical fitness

    An applicant for an air traffic controller licence shall hold a current class 3 medical certificate.

C — Air Traffic Controller Ratings

124.    Categories of air traffic controller ratings

    The Authority may, on application, issue the following air traffic controller ratings to an applicant who meets the requirements in these Regulations—

    (a)    aerodrome control rating;

    (b)    approach control procedural rating;

    (c)    approach control surveillance rating;

    (d)    approach precision radar control rating;

    (e)    area control procedural rating; and

    (f)    area control surveillance rating.

125.    Knowledge requirements for air traffic controller rating

    An applicant for an air traffic controller rating shall have demonstrated a level of knowledge appropriate to the privileges granted, in the following subjects in so far as they affect the area of responsibility—

    (a)    aerodrome control rating—

        (i)    aerodrome layout, physical characteristics and visual aids,

        (ii)    airspace structure,

        (iii)    applicable rules, procedures and source of information,

        (iv)    air navigation facilities,

        (v)    air traffic control equipment and its use,

        (vi)    terrain and prominent landmarks,

        (vii)    characteristics of air traffic,

        (viii)    weather phenomena, and

        (ix)    emergency and search and rescue plans;

    (b)    approach control procedural and area control procedural ratings—

        (i)    airspace structure,

        (ii)    applicable rules, procedures and source of information,

        (iii)    air navigation facilities,

        (iv)    air traffic control equipment and its use,

        (v)    terrain and prominent landmarks,

        (vi)    characteristics of air traffic and traffic flow,

        (vii)    weather phenomena, and

        (viii)    emergency and search and rescue plans;

    (c)    approach control surveillance, approach precision radar control and area control surveillance rating; and

    (d)    the applicant shall meet the requirements under paragraph (b), in so far as they affect the area of responsibility, and shall have demonstrated a level of knowledge appropriate to the privileges granted, in the following additional subjects—

        (i)    principles, use and limitations of applicable ATS surveillance systems and associated equipment, and

        (ii)    procedures for the provision of ATS surveillance service, as appropriate, including procedures to ensure appropriate terrain clearance.

126.    Experience

    (1) An applicant for an air traffic controller licence shall have—

    (a)    satisfactorily completed an approved training course; and

    (b)    demonstrated the required competence while providing, under the supervision of an air traffic control (ATC) on-the-job training instructor (OJTI), one or more of the following—

        (i)    an aerodrome control rating, an aerodrome control service, for a period of not less than 90 hours or one month, whichever is greater, at the unit at which the rating is sought,

        (ii)    an approach control procedural, approach control surveillance, area control procedural or area control surveillance rating, a control service for the rating sought, for a period of not less than 180 hours or three months, whichever is greater, at the unit for which the rating is sought, and

        (iii)    an approach precision radar control rating, not less than 200 precision approaches of which not more than 100 shall have been carried out on a radar simulator approved for that purpose by the Authority, not less than 50 of the precision approaches shall have been carried out at the unit and on the equipment for which the rating is sought; and

    (c)    if the privileges of the approach control surveillance rating include surveillance radar approach duties, the experience shall include not less than 25 plan position indicator approaches on the surveillance equipment of the type in use at the unit for which the rating is sought and under the supervision of an appropriately rated controller.

    (2) The experience under subregulation (1)(b) shall have been completed within the six-month period immediately preceding the application.

    (3) The application for a rating shall be made within six months from the completion of experience specified under subregulation (1)(b).

127.    Skills requirements

    An applicant for an air traffic controller rating shall have demonstrated, at a level appropriate to the privileges being granted, the skill, judgment and performance required to provide a safe, orderly and expeditious control service including the recognition and management of threats and errors.

128.    Concurrent issue of two air traffic controller ratings

    (1) Where two air traffic controller ratings are sought concurrently, the Authority shall determine the applicable requirements on the basis of the requirements for each rating.

    (2) The applicable requirements in subregulation (1) shall not be less than those of the more demanding rating.

129.    Privileges and conditions of air traffic controller rating

    (1) Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an air traffic controller licence endorsed with one or more of the undermentioned ratings shall be—

    (a)    aerodrome control rating, to provide or supervise the provision of aerodrome control service for the aerodrome for which the licence holder is rated;

    (b)    approach control procedural rating, to provide or supervise the provision of approach control service for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit providing approach control service;

    (c)    approach control surveillance rating, to provide or supervise the provision of approach control service with the use of applicable ATS surveillance systems for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit providing approach control service; subject to compliance with the provisions of subregulation (1)(c), the privileges shall include the provision of surveillance radar approaches;

    (d)    approach precision radar control rating, to provide or supervise the provision of precision approach radar service at the aerodrome for which the licence holder is rated;

    (e)    control procedural rating, to provide or supervise the provision of area control service within the control area or portion thereof, for which the licence holder is rated; and

    (f)    area control surveillance rating, to provide or supervise the provision of area control service with the use of an ATS surveillance system, within the control area or portion thereof, for which the licence holder is rated.

    (2) The holder of an air traffic controller licence shall, before exercising the privileges indicated in subregulation (1), be familiar with all pertinent and current information.

    (3) The Authority shall not permit the holder of the licence, to carry out instruction in an operational environment unless such holder has received proper authorisation from the Authority.

130.    Validity of ratings

    (1) An air traffic controller rating shall become invalid when an air traffic controller has ceased to exercise the privileges of the rating for a period not exceeding six months.

    (2) An air traffic controller rating shall remain invalid until the air traffic controller's ability to exercise the privileges of the rating has been re-established.

D — Flight Operations Officer Licence

131.    Age requirements

    An applicant for a flight operations officer licence shall not be less than 21 years of age.

132.    Knowledge requirements

    An applicant for a flight operations officer licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a flight operations officer licence, in at least the following subjects—

    (a)    air law including rules and regulations relevant for operational control to the holder of a flight operations officer licence and the appropriate air traffic service practices and procedures;

    (b)    aircraft general knowledge—

        (i)    the principles of operation of aeroplane engines, systems and instruments,

        (ii)    the operating limitations of an aeroplane and engines,

        (iii)    minimum equipment list, and

        (iv)    configuration deviation list;

    (c)    flight performance calculation, planning procedures and loading—

        (i)    the effects of loading and mass distribution on aircraft performance and flight characteristics and mass and balance calculations,

        (ii)    operational flight planning; fuel consumption and endurance calculations, alternate aerodrome selection procedures, en route cruise control and extended range operation,

        (iii)    the preparation and filing of air traffic services flight plans,

        (iv)    the basic principles of computer-assisted planning systems,

        (v)    take off performance including field length, climb and obstacle criteria and limitation,

        (vi)    cruise performance including minimum altitudes, decompression/engine out/gear down scenario planning, and

        (vii)    landing performance including approach climb and field length criteria and limitations;

    (d)    human performance relevant to operational control duties, including principles of threat and error management;

    (e)    meteorology—

        (i)    aeronautical meteorology, the movement of pressure systems, the structure of fronts and the origin and characteristics of significant weather phenomena which affect take-off, en route and landing conditions, and

        (ii)    the interpretation and application of aeronautical meteorological reports, charts and forecasts, codes and abbreviations, use of and procedures for obtaining meteorological information;

    (f)    navigation, including principles of navigation with particular reference to instrument flight;

    (g)    operational procedures—

        (i)    the use of aeronautical documentation and standard operating procedures,

        (ii)    the operational procedures for the carriage of freight and dangerous goods,

        (iii)    the procedures relating to aircraft accidents and incidents, and emergency flight procedure, and

        (iv)    the procedures relating to unlawful interference and sabotage of an aircraft;

    (h)    principles of flight relating to the appropriate category of aircraft; and

    (i)    radio communication procedures for communicating with aircraft and relevant ground stations.

133.    Experience

    (1) An applicant for a flight operations officer licence shall have gained the following experience—

    (a)    a total of two years of service in any one or in any combination of the following capacities, provided that in any combination of experience, the period serviced in any capacity shall be at least 12 months—

        (i)    as a flight crew member in air transportation,

        (ii)    as a meteorologist in an organisation providing operational control to aircraft in air transportation, or

        (iii)    as an air traffic controller, or a technical supervisor of flight operations officers or air transportation flight operations systems;

    (b)    at least 12 months as an assistant in the dispatching of air transport; or

    (c)    satisfactorily completed a course of approved training.

    (2) The applicant shall have served under the supervision of a flight operations officer for at least 90 working days within the six months immediately preceding the application.

134.    Skills requirements

    An applicant for a flight operations officer licence shall have demonstrated the ability to—

    (a)    make an accurate and operationally acceptable weather analysis;

    (b)    provide an operationally valid briefing on weather conditions of a specific air route;

    (c)    forecast weather trends pertinent to air transportation with particular reference to destination and alternates;

    (d)    determine the optimum flight path for a given segment, and create accurate manual or computer generated flight plans;

    (e)    provide operating supervision and all other assistance to a flight in actual or simulated adverse weather conditions, as appropriate to the duties of the holder of a flight operations officer licence;

    (f)    recognise and manage threats and errors;

    (g)    identify and to retrieve aeronautical data and other information relevant for the analysis of operational situations and risks;

    (h)    identify and evaluate the risk factors and the possible consequences for flight operations;

    (i)    identify and evaluate actions considering risk, the effect on flight safety and regularity of the operation;

    (j)    determine an appropriate course of action based on the responsibilities and policies described in the operation manuals;

    (k)    apply appropriate standard and non-standard procedures from the operations manual for the initiation, planning, continuation, diversion or termination of flights in the interest of safety of the aircraft and regularity and efficiency of the operation; and

    (l)    identify and apply operational limitations and minimums in relation to the weather, aircraft status and appropriate navigation procedures.

135.    Privileges of flight operations officer licence

    Subject to compliance with the requirements specified in these Regulations, the privileges of a holder of a flight operations officer licence shall be to serve in that capacity with the responsibility for each area for which the applicant meets the requirements as specified by the Authority.

E — Aeronautical Station Operator Licence

136.    Age requirements

    An applicant for an aeronautical station operator licence shall be at least 18 years of age.

137.    Knowledge requirements

    An applicant for an aeronautical station operator licence shall have demonstrated a level of knowledge appropriate to the holder of an aeronautical station operator, in at least the following subjects—

    (a)    general knowledge of air traffic service provided within Botswana;

    (b)    operational procedures including radiotelephony procedures, phraseology and telecommunication network;

    (c)    rules and regulations applicable to the aeronautical station operator; and

    (d)    telecommunication equipment including principles, use and limitation of telecommunication equipment in an aeronautical station.

138.    Experience

    An applicant for an aeronautical station operator licence shall have—

    (a)    satisfactorily completed an approved training course within the 12 months period immediately preceding the application, and shall have served satisfactorily under a qualified aeronautical station operator for not less than two months; or

    (b)    satisfactorily served under a qualified aeronautical station operator for not less than six months during the 12 months period immediately preceding the application.

139.    Skills requirements

    An applicant for an aeronautical station operator licence shall demonstrate competency in—

    (a)    operating the telecommunication equipment used; and

    (b)    transmitting and receiving radiotelephony messages with efficiency and accuracy.

140.    Privileges of aeronautical station operator licence

    Subject to compliance with the requirements specified in these Regulations, the privileges of the holder of an aeronautical station operator licence shall be to act as an operator in an aeronautical station and before exercising the privileges of the licence, the holder shall be familiar with all pertinent and current information regarding the types of equipment and operating procedures used at the aeronautical station.

PART XVII
Medical Requirements for Licensing (regs 141-150)

141.    Medical certificates

    (1) The Authority shall, on an application made in a format prescribed by the Authority, issue a—

    (a)    class 1 medical certificate which applies to applicants for, and holders of—

        (i)    commercial pilot licence for aeroplane, airship, helicopter and powered-lift,

        (ii)    multi-crew pilot licences for aeroplane, and

        (iii)    airline transport pilot licences for aeroplane, helicopter and powered-lift;

    (b)    class 2 medical certificate which applies to applicants for, and holders of—

        (i)    private pilot licences for aeroplane, airship, helicopter and powered-lift,

        (ii)    glider pilot licences,

        (iii)    free balloon pilot licences, or

        (iv)    cabin crew member licences; and

    (c)    class 3 medical certificate which applies to applicants for, and holders of air traffic controller licences.

    (2) An applicant for a medical certificate shall provide the medical examiner with a personally certified statement of medical facts concerning personal, familial and hereditary history and the applicant shall be made aware of the necessity for giving a statement that is as complete and accurate as the applicant's knowledge permits, and any false statement shall be dealt with in accordance with regulation 178.

    (3) The medical examiner shall report to the Authority any individual case where, in the examiner's judgement, an applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence being applied for or held, is not likely to jeopardise flight safety.

    (4) The level of medical fitness to be met for the renewal of a medical assessment shall be the same as that for the initial assessment except where otherwise specifically stated.

142.    Requirements for medical certificates

    An applicant for a medical assessment issued in accordance with the terms of these Regulations shall undergo a medical examination based on the following requirements—

    (a)    physical and mental;

    (b)    visual and colour perception; and

    (c)    hearing.

143.    Physical and mental requirements

    An applicant for any class of medical assessment shall be required to be free from—

    (a)    any abnormality, congenital or acquired;

    (b)    any active, latent, acute or chronic disability;

    (c)    any wound, injury or sequelae from operation; or

    (d)    any effect or side-effect of any prescribed or non-prescribed therapeutic, diagnostic or preventive medication taken, and

such as would entail a degree of functional incapacity which is likely to interfere with the safe operation of an aircraft or with the safe performance of duties.

144.    Visual acuity test requirements

    (1) The methods in use for the measurement of visual acuity are likely to lead to differing evaluations and to achieve uniformity, Contracting States shall ensure that equivalence in the methods of evaluation are obtained.

    (2) The following shall be conducted for tests of visual acuity—

    (a)    visual acuity tests shall be conducted in an environment with a level of illumination that corresponds to ordinary office illumination (30-60 cd/m2); and

    (b)    visual acuity shall be measured by means of a series of Landolt rings or similar optotypes, placed at a distance from the applicant and appropriate to the method of testing adopted.

145.    Colour perception requirements

    (1) The Authority shall use such methods of examination as shall guarantee reliable testing of colour perception.

    (2) An applicant shall demonstrate the ability to perceive readily, those colours the perception of which is necessary for the safe performance of duties.

    (3) The applicant shall be tested for the ability to correctly identify a series of pseudoisochromatic plates in daylight or in artificial light of the same colour temperature such as that provided by CIE standard illuminants C or D65 as specified by the International Commission on Illumination (CIE).

    (4) An applicant obtaining a satisfactory result as prescribed by the Authority shall be assessed as fit and an applicant who fails to obtain a satisfactory result in such a test shall be assessed as unfit unless he or she is able to readily distinguish the colours used in air navigation and correctly identify aviation coloured lights.

    (5) An applicant who fails to meet the criteria in subregulations (1) to (4) shall be assessed as unfit except for Class 2 assessment with the following restriction: valid daytime only.

146.    Hearing test requirements for medical certificates

    (1) The Authority shall use such methods of examination as shall guarantee reliable testing of hearing.

    (2) An applicant shall demonstrate a hearing performance sufficient for the safe exercise of their licence and rating privileges.

    (3) An applicant for Class 1 medical assessments shall be tested by—

    (a)    pure-tone audiometry at first issue of the assessment, not less than once every five years up to the age of 40 years, and thereafter not less than once every two years; or

    (b)    other methods providing equivalent results may be used.

    (4) An applicant for Class 3 medical assessments shall be tested by—

    (a)    pure-tone audiometry at first issue of the assessment, not less than once every four years up to the age of 40 years, and thereafter not less than once every two years; or

    (b)    other methods providing equivalent results may be used.

    (5) An applicant for Class 2 medical assessment shall be tested by pure-tone audiometry at first issue of the assessment and, after the age of 50 years, not less than once every 2 years.

    (6) At medical examinations, other than those referred to under subregulations (3) and (4), where audiometry is not performed, an applicant shall be tested in a quiet room by whispered and spoken voice tests.

147.    Class 1 medical certificate

    (1) An applicant for a commercial pilot licence or airline transport licence shall undergo an initial medical examination for the issue of a class 1 medical certificate.

    (2) Except where otherwise stated in these Regulations, holders of commercial pilot licences multi-crew pilot licences for aeroplane, or airline transport pilot licences – for aeroplane, helicopter or powered-lift shall have their class 1 medical assessments renewed at intervals not exceeding those specified in these Regulations.

    (3) The Authority shall issue a class 1 medical certificate when an applicant has met all the requirements of these Regulations and Schedule 4 to these Regulations.

148.    Class 2 medical certificate

    (1) An applicant for a private pilot licence shall undergo an initial medical examination for the issue of a class 2 medical certificate.

    (2) Except where otherwise stated in this Part, a holder of a private pilot licence and cabin crew licence shall have his or her class 2 medical certificate renewed at intervals not exceeding those specified in this Part.

    (3) A class 2 medical certificate shall be issued when the applicant complies with the requirements of this Part and Schedule 4 to these Regulations.

149.    Class 3 medical certificate

    (1) An applicant for an air traffic controller licence shall undergo an initial medical examination for the issue of a class 3 medical certificate.

    (2) Except where otherwise stated in this Part, a holder of an air traffic controller licence shall have his or her class 3 medical certificate renewed at intervals not exceeding those specified in this Part and the Schedule 4 to these Regulations.

150.    Duration and renewal of medical certificate

    (1) Subject to subregulations (2) and (3), a medical certificate shall be valid from the date of the medical examination, for a period not exceeding—

    (a)    60 months for an aeroplane, airship, helicopter and powered-lift private pilot licence;

    (b)    12 months for an aeroplane, airship, helicopter and powered-lift commercial pilot licence;

    (c)    12 months for an aeroplane multi-crew pilot licence;

    (d)    12 months for an aeroplane, helicopter and powered-lift airline transport pilot licence;

    (e)    60 months for a glider pilot licence;

    (f)    60 months for a free balloon pilot licence; and

    (g)    48 months for an air traffic controller licence.

    (2) When a holder of an airline transport pilot licence in an aeroplane, helicopter and powered-lift, or a commercial pilot licence in an aeroplane, airship, helicopter and powered-lift, engaged in single-crew commercial air transport operations carrying passengers, has passed his or her 40th birthday, the period of validity specified in subregulation (1) shall be reduced to 6 months.

    (3) When a holder of a private pilot licence in aeroplane, airship, helicopter and powered-lift, or a free balloon pilot licence, glider pilot licence or an air traffic controller licence has passed his or her 40th birthday, the period of validity specified in subregulation (1) shall be reduced to 24 months and where such licence holder has attained the age of 50 years, the period of validity shall be further reduced to 12 months.

    (4) When a holder of an airline transport pilot licence in an aeroplane, helicopter and powered-lift or a commercial pilot licence in an aeroplane, airship, helicopter and powered-lift or a multi-crew pilot licence in an aeroplane, who is engaged in commercial air transport operations, has passed his or her 60th birthday, the period of validity specified in subregulation (1) shall be reduced to 6 months.

PART XVIII
Suspension of Medical Certificate (regs 151-157)

151.    Suspension of medical certificate

    (1) The Authority shall suspend or revoke a medical certificate, if it is established that an applicant or a certificate holder no longer meets the requirements of a medical certificate under these Regulations.

    (2) In case of doubt of the medical fitness of the holder of a medical certificate, the Authority may—

    (a)    require the holder to repeat a complete or partial medical examination as it deems necessary; or

    (b)    suspend the certificate in the case of a temporary rejection on medical grounds.

152.    Notice of suspension

    The Authority shall notify in writing, the holder of the medical certificate of the suspension and state reasons for the suspension.

153.    Surrender of medical certificate

    The holder of the medical certificate shall surrender the certificate within 14 days of receiving the notice under regulation 152.

154.    Issue of lower class medical certificate

    The Authority may provide the person whose medical certificate has been suspended with a new medical certificate of lower class if his or her medical fitness allows it.

155.    Lifting of suspension

    (1) A suspension may be lifted if the medical examination has been passed satisfactorily.

    (2) Where a suspension has been lifted, the person involved shall receive a new medical certificate unless the medical certificate was revoked.

156.    Prohibition of medical certification

    A person shall not hold or be issued with a medical certificate if that person suffers from any disease or disability that could render that person likely to become suddenly unable to either perform assigned duties safely or operate an aircraft safely.

157.    Medical records

    (1) All medical reports and records shall be securely held with accessibility restricted to authorised personnel.

    (2) When justified by operational considerations, the medical assessor shall determine to what extent pertinent medical information is presented to relevant officials of the Authority.

    (3) The period of validity of a medical assessment may be reduced when clinically indicated.

PART XIX
Requirements for Medical Examiners (reg 158)

158.    Aviation medical examiners

    (1) The Authority shall designate and authorise a qualified and medical licensed medical practitioner to—

    (a)    be an aviation medical examiner; and

    (b)    conduct medical examinations of fitness of applicants for the issue, renewal or re-issue of the licences or ratings, as may be required in these Regulations.

    (2) The Authority may, in writing, appoint an aviation medical examiner based outside Botswana to conduct the functions under subregulation (1).

    (3) An aviation medical examiner shall receive—

    (a)    basic training in aviation medicine for class 2 and class 3 medical examinations on the relevant subjects;

    (b)    advanced training in aviation medicine for class 1 medical examinations on the relevant subjects; and

    (c)    refresher training for Aviation medical examination at intervals of two years or as determined by the Authority.

    (4) An aviation medical examiner shall acquire knowledge and experience of the conditions in which the holders of licences and ratings carry out their duties.

    (5) An aviation medical examiner shall be required to demonstrate competency to the Authority before initial designation and or resignation.

    (6) An aviation medical examiner shall have completed at least 10 examinations for a medical certificate per year.

    (7) An authorisation for an aviation medical examiner shall be valid for three years and re-authorisation shall be at the discretion of the Authority.

    (8) An aviation medical examiner shall submit a signed report to the Authority, after completing the medical examination of an applicant, detailing the results of the examination, and where the medical examination is carried out by a constituted group of aviation medical examiners, the Authority shall appoint the head of the group responsible for co-ordinating the results of the examination and signing the report.

    (9) The Authority shall use the services of physicians experienced in the practice of aviation medicine, where necessary to evaluate reports submitted to it by aviation medical examiners.

    (10) The Authority shall have access to medical reports from a designated medical examiner. These reports shall be treated with the confidentiality it deserves.

    (11) The medical examiner shall be required to submit sufficient information to the Authority to enable the Authority to undertake medical assessment.

    (12) The Authority shall retain the right to reconsider any action of an aviation medical examiner.

    (13) Where the medical report is submitted to the Authority in electronic format, adequate identification of the aviation medical examiner shall be established.

    (14) If the medical examination is carried out by two or more medical assessors, the Authority shall appoint one of these to be responsible for co-ordinating the results of the examination, evaluating the findings with regard to medical fitness, and signing the report.

PART XX
Requirements for Medical Examination (regs 159-165)

159.    Aviation medical examiners

    (1) An applicant for a licence or rating, where medical fitness is prescribed, shall sign and furnish to the aviation medical examiner a declaration for medical stating whether he or she has previously undergone such an examination and, if possible, state the results of the examination.

    (2) An applicant who attends a medical examination or test for the issuing of a medical certificate shall—

    (a)    produce proof of his or her identity;

    (b)    produce for inspection any licence held for which the certificate is required and the most recent medical certificate held, if any; and

    (c)    provide the Aviation Medical Examiner with a personal statement of medical facts concerning personal, familial and hereditary history and sign a declaration confirming the accuracy, completeness and truthfulness of the information contained in the medical examination form.

    (3) Provide the Aviation Medical Examiner with a personal statement of medical facts concerning personal, familial and hereditary history and sign a declaration confirming the accuracy, completeness and truthfulness of the information contained in the medical examination form.

    (4) An applicant for a medical certificate shall provide the aviation medical examiner with a personal certified statement of medical facts concerning personal, familial and hereditary history.

    (5) An applicant for a medical certificate shall produce proof of identification.

    (6) Any false declaration to an aviation medical examiner made by an applicant for a licence or rating shall be reported to the Authority for appropriate action.

    (7) A flight crew member or an air traffic controller shall not exercise the privileges of his or her licence unless he or she holds a current medical certificate, appropriate to the licence, except where otherwise stated in these Regulations.

160.    Validity of medical Assessment

    (1) For the initial issue of the medical certificate, the period of validity shall begin on the date the medical examination is performed.

    (2) The period of validity of a Medical Assessment may be reduced when clinically indicated.

    (3) The period of validity of a Medical Assessment may be extended, at the discretion of the Licensing Authority, up to 45 days.

    (4) If the medical examination is carried out by two or more medical examiners, Contracting States or the Authority shall appoint one of these to be responsible for co-ordinating the results of the examination, evaluating the findings with regard to medical fitness, and signing the report.

161.    Special circumstances for aviation medical examination

    (1) Where the medical requirements prescribed for a particular licence are not met the appropriate medical certificate will not be issued, renewed or re-issued unless the following conditions are met—

    (a)    an accredited medical conclusion indicates that in the special circumstances, the applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardize light safety;

    (b)    the relevant ability, skill and experience of the applicant and operational conditions have been given due consideration; and

    (c)    the licence is endorsed by the Authority with any special limitation or limitations when the safe performance of the licence holder's duties is dependent on compliance with such limitation or limitations.

    (2) An aviation medical examiner shall report to the Authority any individual case where, in the aviation medical examiner's judgement, an applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence being applied for, or held, is not likely to jeopardise flight safety.

162.    Decrease in medical fitness

    (1) A person who holds a licence issued under these Regulations, shall not exercise the privileges of his or her licence and related ratings at any time when he or she is aware of any decrease in his or her medical fitness which may render him or her unable to safely and properly exercise the privileges of the licence and ratings held.

    (2) In the case of a female, the licence holder shall, immediately, inform the Authority of a confirmed pregnancy.

    (3) A person who holds a licence issued under these Regulations shall inform the Authority of any decrease in medical fitness of a duration of more than 20 days, which—

    (a)    requires continued treatment with prescribed medication; or

    (b)    has required hospital treatment.

163.    Use of psychoactive substances

    A person who holds a licence issued under these Regulations shall not—

    (a)    exercise the privileges of his or her licence and related ratings while under the influence of any psychoactive substance which might render him or her unable to safely and properly exercise those privileges; and

    (b)    engage in any abusive use of substances.

164.    Medical history

    (1) The applicant shall have no established medical history or clinical diagnosis of any of the following—

    (a)    a progressive or non-progressive disease of the nervous system, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges;

    (b)    epilepsy; or

    (c)    any disturbance of consciousness without satisfactory medical explanation of cause.

    (2) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (3) The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

165.    Hearing test requirement for medical certificates

    (1) An applicant for a medical certificate shall be required to demonstrate hearing performance sufficient for the safe exercise of the privileges of the licence and rating sought.

    (2) The hearing test may be conducted using a pure tone audiometer or alternate method that will provide equivalent result.

    (3) The hearing test shall be performed at the first medical examination and then at specified intervals according to the class of medical examination and age of the applicant.

    (4) If a pure tone audiometer is used, the reference zero for calibration shall be that of the International Organisation for Standardisation Recommendation R389, 1964.

    (5) For hearing tests where audiometry is not performed, an applicant shall be tested in a quiet room by whispered and spoken voice tests under the following conditions—

    (a)    a quiet room where the intensity of the background noise is less than 35 dB(A) when measured on "slow" response of an "A" – weighted sound level meter;

    (b)    the sound level of an average conversational voice at one metre from the point of output is 60 dB(A) and that of a whispered voice is 45 dB(A);

    (c)    at two metres from the speaker, the sound is 6 dB(A) lower; and

    (d)    12 months interval specified for the commercial pilot licence and airline transport pilot licence that is carrying passengers in single-pilot operations shall be reduced to six months.

    (6) Where the holder of a licence and rating is over the age of 50 years the two years interval specified for the private pilot licence and air traffic controller licence shall be reduced to 12 months.

    (7) For the initial issue of the medical certificate, the period of validity shall begin on the date the medical examination is performed.

    (8) The period of validity shall for the last month counted, include the day that has the same calendar number as the date of the medical examination or, if that month has no day with that number, the last day of that month.

    (9) The requirements for the renewal or re-issue of a medical certificate shall be the same as those for the initial certificate except where otherwise specifically stated.

    (10) The renewal of class 1, 2 and 3 medical certificates may be delegated to the authorised aviation medical examiner.

    (11) The re-issue of class 1 medical certificate shall be done by the Authority.

    (12) The re-issue of class 2 and 3 medical certificates may be delegated by the Authority to an authorised aviation medical examiner.

PART XXI
Miscellaneous Provisions (regs 166-169)

166.    Application for exemption

    (1) A person may apply to the Authority for an exemption from these Regulations.

    (2) An application for an exemption shall be submitted at least 60 days in advance of the proposed effective date.

    (3) A request for an exemption shall contain the applicant's—

    (a)    name;

    (b)    physical address and mailing address;

    (c)    telephone number;

    (d)    facsimile number, if available; and

    (e)    electronic mail address, if available.

    (4) The application shall be accompanied by a fee determined by the Authority, for technical evaluation.

167.    Requirements for exemption

    (1) An application for an exemption shall contain the following—

    (a)    a citation of the specific requirement from which the applicant seeks exemption;

    (b)    an explanation of why the exemption is needed;

    (c)    a description of the type of operations to be conducted under the proposed exemption;

    (d)    the proposed duration of the exemption;

    (e)    an explanation of how the exemption is in the public interest;

    (f)    a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question;

    (g)    a detailed description of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and

    (h)    if the applicant seeks to operate under the proposed exemption outside Botswana's airspace, an indication of whether the exemption would contravene any provision of the International Civil Aviation Organisation Standards and Recommended Practices as well as the regulations pertaining to the airspace in which the operation will occur.

    (2) Where the applicant seeks emergency processing of an application for emergency, the application shall contain supporting facts and reasons why the application was not timely filed, and the reasons why it is an emergency.

    (3) The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption within the specified time.

168.    Review by Authority

    (1) The Authority shall review the application for accuracy and compliance with the requirements under these Regulations.

    (2) If the application satisfies the requirements of this regulation and the Authority determines that a review of its merits is justified, the Authority shall publish a detailed summary of the application in the Gazette for comments and specify the date by which comments may be received by the Authority for consideration.

    (3) Where the requirements of these Regulations have not been met, the Authority shall notify the applicant and take no further action until the applicant corrects the application and re-files it in accordance with these Regulations.

    (4) Where an applicant makes an emergency application, the Authority shall publish the application or the Authority's decision as soon as possible after processing the application.

169.    Evaluation of request

    (1) Where any comments are received by the Authority, the Authority shall conduct an evaluation of the request to determine whether—

    (a)    an exemption would be in the public interest;

    (b)    the applicant's proposal would provide a level of safety equivalent to that established by law;

    (c)    a grant of the exemption would contravene the applicable International Civil Aviation Organisation Standards and Recommended Practices; and

    (d)    the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

    (2) Where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis.

    (3) The Authority shall notify the applicant in writing and shall give a detailed summary of its evaluation and decision to grant or deny the request.

    (4) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

    (5) Where the exemption affects a significant population of the aviation community of Botswana, the Authority shall publish the summary in the aeronautical information circular.

PART XXII
General Provisions (regs 170-181)

170.    Possession of licence

    (1) A holder of a licence, certificate or authorisation issued by the Authority shall have it in his or her physical possession or at the work site when exercising the privileges of that licence, certificate or authorisation.

    (2) A crew member of a foreign registered aircraft shall hold a valid licence, certificate or authorisation, including an appropriate and current medical certificate, issued by the State of Registry and has it in his or her physical possession or at the work station when exercising the privileges of that licence, certificate or authorisation.

171.    Use of psychoactive substances

    (1) A holder of a licence, rating or a certificate issued under these Regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired.

    (2) Any safety-sensitive personnel whose functions are critical to the safety of aviation shall not undertake any function while under the influence of any psychoactive substance, by reason of which human performance is impaired.

    (3) Any person referred to in subregulations (1) and (2) shall not engage in any kind of problematic use of substances.

172.    Drug and alcohol testing and reporting

    (1) A person who performs any function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.

    (2) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal.

    (3) A person who performs any function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.

    (4) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

    (a)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or

    (b)    have his or her licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (5) A person who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

    (a)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or

    (b)    have his or her licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (6) Any person who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

    (a)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

    (b)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

173.    Inspection of licence or certificate

    A person who holds a licence, certificate, or authorisation required by these Regulations shall present it for inspection upon a request by the Authority or any person authorised by the Authority.

174.    Change of name and address

    (1) A holder of a licence, certificate or authorisation issued under these Regulations may apply to change the name on a licence or certificate.

    (2) The holder shall include with any such request—

    (a)    the current licence or certificate; and

    (b)    a court order, or other legal document verifying the name change.

    (3) The Authority may change the licence, certificate or authorisation and issue a replacement thereof.

    (4) The Authority shall return to the holder the original documents specified in subregulation (2)(b) and retain copies thereof and return the replaced licence, certificate or authorisation with the appropriate endorsement.

    (5) A holder of a licence, certificate, or authorisation issued under these Regulations shall notify the Authority of the change in the physical and mailing address and shall do so in the case of—

    (a)    physical address, at least 14 days in advance; and

    (b)    mailing address upon any change of address.

175.    Replacement of documents

    A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if the documents are lost or destroyed.

176.    Suspension and revocation

    (1) The Authority may, if it considers it to be in the public interest, suspend provisionally, pending further investigation, any licence, certificate, approval, permission, exemption, authorisation or such other document issued, granted or having effect under these Regulations.

    (2) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and if it considers it to be in the public interest, revoke, suspend, or vary any licence, certificate, approval, permission, exemption, authorisation or other document issued or granted under these Regulations.

    (3) The Authority may, if it considers it to be in the public interest, prevent any person or aircraft from flying.

    (4) A holder or any person having the possession or custody of any licence, certificate, approval, permission, exemption, authorisation or other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation.

    (5) The breach of any condition subject to which any licence, certificate, approval, permission, exemption, authorisation, or any other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

177.    Fees

    (1) The Authority may charge fees in connection with the issue, validation, renewal, extension or variation of any licence or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations, as the Authority may determine.

    (2) Upon an application being made in connection with which any fee is chargeable in accordance with subregulation (1), the applicant shall be required, before the application is considered, to pay the fee so chargeable.

    (3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

178.    Penalties

    (1) A person who contravenes this provision in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or, the pilot- in-command is not the person who contravened that provision, he or she shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this subregulation to have contravened that provision.

    (2) Subregulation (1) shall not apply if the person proves that the contravention occurred without his or her consent or connivance and that he or she exercised due diligence to prevent the contravention.

    (3) Where a person is charged with contravening a provision of these Regulations orders, notices or proclamations made there under by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.

    (4) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in subregulation (9) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

    (5) In case an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.

    (6) Any aircraft subject to a lien for the purpose of subregulation (5) may be seized by and placed in the custody of the Authority.

    (7) The aircraft shall be released from custody of the Authority upon—

    (a)    payment of the penalty or the amount agreed upon in compromise;

    (b)    deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; or

    (c)    receiving an order of the court to that effect.

    (8) Where criminal proceedings are not instituted under subregulation (3), the Authority may impose an appropriate administrative penalty, as set out in Schedule 5 to these Regulations, on a person, organisation or operator who—

    (a)    hinders or obstructs an authorised officer, inspector or authorised person in the exercise of his or her powers or in the performance of his or her duties;

    (b)    refuses or fails to give his or her name and address, or gives a false name or address when called upon to do so by an authorised officer, or inspector;

    (c)    obstructs or impedes another person from exercising any privilege, power or duty conferred on such other person by the Authority or under these Regulations;

    (d)    makes or causes to be made, orally or in writing—

        (i)    a misleading or false statement or declaration for the purpose of obtaining any licence, rating, certificate, approval, authorisation, exemption or any other document under these Regulations, or

        (ii)    falsifies, counterfeits, alters, defaces or mutilates, or adds anything to, any licence, rating, certificate, approval, authorisation, exemption or other document issued under these Regulations;

    (e)    does, causes or permits to be done, an act contrary to, or fails to comply with, any provision of these Regulations or has failed to perform any duty or function in accordance with prescribed designation procedures attached to the designation;

    (f)    exercises a privilege granted by, or uses any licence, rating, certificate, approval, authorisation, exemption or any other document issued under these Regulations, of which he or she is not the holder;

    (g)    unless otherwise authorised in these Regulations, permits a licence, rating, certificate, approval, authorisation, exemption or other document issued under these Regulations, of which he or she is the holder, to be used or privileges thereof to be exercised by another person;

    (h)    commits an act, by—

        (i)    interference with any flight crew member, air traffic controller or aircraft maintenance engineer,

        (ii)    tampering with any aircraft or any part thereof, or

        (iii)    disorderly conduct or otherwise, which is likely to endanger the safety of an aircraft or its occupants;

    (i)    enters in a place within the boundaries of a licensed aerodrome or heliport which is closed to the public, without the permission of an aerodrome or heliport operator; and

    (j)    gives false information pertaining to the investigation of an aviation accident or incident.

    (9) Where criminal proceedings are instituted, the administrative penalties for offences under subregulation (8) may be used as a guide in determining the appropriate penalty.

179.    Revocation of Cap. 71:01 (Sub. Leg.)

    The Civil Aviation (Personnel Licensing) (General) Regulations are hereby revoked.

180.    Transitional provisions

    (1) Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out aviation related training shall, within 12 months from the date of commencement of these Regulations, or within such longer period as the Minister may, by Order in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such operations.

    (2) A person who fails to comply with these Regulations within the prescribed period commits an offence and shall be liable, to the penalties specified under section 88 of the Act.

181.    Savings

    Any valid licence, certificate, permit or authorisation issued or granted by the Authority before the commencement of these Regulations shall remain valid until it expires or is revoked.

SCHEDULE 1
SPECIFICATIONS FOR PERSONNEL LICENCES

(regs 4 and 5)

Personnel licences issued by a Contracting State in accordance with the relevant provisions of these Regulations shall conform to the following specifications—

1.    Detail

    (a)    A Contracting State having issued a licence shall ensure that other States are able to easily determine the licence privileges and validity of ratings.

    (b)    The following details shall appear on the licence—

        (i)    name of State (in bold type),

        (ii)    title of licence (in very bold type),

        (iii)    serial number of the licence, in Arabic numerals, given by the authority issuing the licence,

        (iv)    name of holder in full (in Roman alphabet also if script of national language is other than Roman),

        (v)    date of birth,

        (vi)    address of holder if desired by the State,

        (vii)    nationality of holder,

        (viii)    signature of holder,

        (ix)    authority and, where necessary, conditions under which the licence is issued,

        (x)    certification concerning validity and authorisation for holder to exercise privileges appropriate to licence,

        (xi)    signature of officer issuing the licence and the date of such issue,

        (xii)    seal or stamp of authority issuing the licence,

        (xiii)    ratings including category, class, type of aircraft, airframe, aerodrome control, etc.,

        (xiv)    remarks, such as special endorsements relating to limitations and endorsements for privileges, including from 5 March, 2008 an endorsement of language proficiency, and other information required in pursuance to Article 39 of the Chicago Convention, and

        (xv)    any other details desired by the State issuing the licence.

2.    Material

    First quality papers or other suitable material, including plastic cards, shall be used and the items mentioned in paragraph 1(b) shown clearly thereon.

3.    Language

    When licences are issued in a language other than English, the licence shall include an English translation of at least items (i), (ii), (vi), (ix), (xii), (xiii) and (xiv) under paragraph 1(b) and when provided in a language other than English, authorisations issued shall include an English translation of the name of the State issuing the authorisation, the limit of validity of the authorisation and any restriction or limitation that may be established.

4.    Arrangement of items

    Item headings on the licence shall be uniformly numbered in roman numerals as indicated in paragraph 1(b), so that on any licence the number will, under any arrangement, refer to the same item heading.

SCHEDULE 2
LANGUAGE PROFICIENCY REQUIREMENTS

(reg 9)

1.    To meet the language proficiency requirements contained in regulation 9, an applicant for a licence or a licence holder shall demonstrate, in a manner acceptable to the Authority, compliance with the holistic descriptors at paragraph 2 and with the Operational Level (Level 4) of the Language Proficiency Rating Scale in paragraph 3.

2.    Holistic descriptors—

    Proficient speakers shall—

    (a)    communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face situations;

    (b)    communicate on common, concrete and work-related topics with accuracy and clarity;

    (c)    use appropriate communicative strategies to exchange messages and to recognise and resolve misunderstandings including to check, confirm, or clarify information in a general or work-related context;

    (d)    handle successfully and with relative ease the linguistic challenges presented by a complication or unexpected turn of events that occurs within the context of a routine work situation or communicative task with which they are otherwise familiar; and

    (e)    use a dialect or accent which is intelligible to the aeronautical community.

3.    Rating scales—

    (a)    Operational Level (Level 4)—

        (i)    Pronunciation: pronunciation, stress, rhythm and intonation are influenced by the first language or regional variation but only sometimes interfere with understanding,

        (ii)    Structure: basic grammatical structures and sentence patterns are used creatively and are usually well controlled and errors may occur, particularly in unusual or unexpected circumstances, but rarely interfere with meaning,

        (iii)    Vocabulary: vocabulary range and accuracy are usually sufficient to communicate effectively on common, concrete, and work related topics and can often paraphrase successfully when lacking vocabulary in unusual or unexpected circumstances,

        (iv)    Fluency: produces stretches of language at an appropriate tempo, there may be occasional loss of fluency on transition from rehearsed or formulaic speech to spontaneous interaction, but this does not prevent effective communication. May make limited use of discourse markers or connectors and fillers are not distracting,

        (v)    Comprehension: comprehension is mostly accurate on common, concrete, and work related topics when the accent or variety used is sufficiently intelligible for an international community of users. When the speaker is confronted with a linguistic or situational complication or an unexpected turn of events, comprehension may be slower or require clarification strategies, and

        (vi)    Interactions: responses are usually immediate, appropriate and informative. Initiates and maintains exchanges even when dealing with an unexpected turn of events. Deals adequately with apparent misunderstandings by checking, confirming or clarifying.

    (b)    Extended Level (Level 5)

        (i)    Pronunciation: pronunciation, stress, rhythm, and intonation, though influenced by the first language or regional variation, rarely interfere with ease of understanding,

        (ii)    Structure: basic grammatical structures and sentence patterns are consistently well controlled. Complex structures are attempted but with errors which sometimes interfere with meaning,

        (iii)    Vocabulary: vocabulary range and accuracy are sufficient to communicate effectively on common, concrete, and work related topics. Paraphrases consistently and successfully. Vocabulary is sometimes idiomatic,

        (iv)    Fluency: able to speak at length with relative ease on familiar topics, but may not vary speech flow as a stylistic device. Can make use of appropriate discourse markers or connectors,

        (v)    Comprehension: comprehension is accurate on common, concrete, and work related topics and mostly accurate when the speaker is confronted with a linguistic or situational complication or an unexpected turn of events. Is able to comprehend a range of speech varieties (dialect or accent) or registers,

        (vi)    Interactions: responses are immediate, appropriate, and informative. Manages the speaker-listener relationship effectively.

    (c)    Expert Level (Level 6)

        (i)    Pronunciation: Pronunciation, stress, rhythm, and intonation, thought possibly influenced by the first language or regional variation, almost never interfere with ease of understanding,

        (ii)    Structure: Both basic and complex grammatical structures and sentence patterns are consistently well controlled,

        (iii)    Vocabulary: Vocabulary range and accuracy are sufficient to communicate effectively on a wide variety of familiar and unfamiliar topics. Vocabulary is idiomatic, nuanced, and sensitive to register,

        (iv)    Fluency: Able to speak at length with a natural, effortless flow. Varies speech flow for stylistic effect, e.g. to emphasise a point. Uses appropriate discourse markers and connectors spontaneously,

        (v)    Comprehension: Comprehension is consistently accurate in nearly all contexts and includes comprehension of linguistic and cultural subtleties,

        (vi)    Interactions: Interacts with ease in nearly all situations. Is sensitive to verbal and non-verbal cues, and responds to them appropriately.

SCHEDULE 3

(regs 46, 48, 49, 50, 51, 52 and 53)

PART A – MULTI-CREW PILOT LICENCE

1.    TRAINING

1.    In order to meet the requirements of the multi-crew pilot licence in the aeroplane category, the applicant shall have completed an approved training course. The training shall be competency-based and conducted in a multi-crew operational environment.

2.    During the training, the applicant shall have acquired the knowledge, skills and attitudes underpinning the competencies required for performing as a co-pilot of a turbine-powered air transport aeroplane certificated for operation with a minimum crew of at least two pilots, under VFR and IFR, day and night flying.

2.    ASSESSMENT LEVEL

1.    The applicant for the multi-crew pilot licence in the aeroplane category shall have achieved the final competency standard of the approved adapted competency model.

PART B – SIMULATED FLIGHT

1.    The FSTDs used to gain the experience specified in these Regulations, shall have been approved by the Authority.

2.    FSTDs suitable for each multi-crew pilot licence training phase shall be categorised as follows—

    (a)    Core flying skills phase. E-training and part tasking devices approved by the Authority that have the following characteristics—

        —    involve accessories beyond those normally associated with desktop computers, such as functional replicas of a throttle quadrant, a side stick controller, or an FMS keypad;

        —    involve psychomotor activity with appropriate application of force and timing of responses;

        —    otherwise meet, at a minimum, the Type I or III qualifications.

    (b)    Basic phase. A FSTD that represents a generic turbine-powered aeroplane and has the following characteristics—

        —    is equipped with a daylight visual system; and

        —    otherwise meets, at a minimum, the Type IV or V qualifications.

    (c)    Intermediate phase. A FSTD that represents a multi-engined turbine-powered aeroplane certificated for a crew of two pilots and has the following characteristics—

        —    is equipped with an enhanced daylight visual system;

        —    is equipped with an autopilot; and

        —    otherwise meets, at a minimum, the Type VI qualification.

        (d)    Advanced phase. A flight simulation training device that represents a multi-engined turbine-powered aeroplane certificated for a crew of two pilots and has the following characteristics—

        —    is equipped with an enhanced daylight visual system;

        —    is equipped with an autopilot; and

        —    otherwise meets, at a minimum, the Type VII qualification.

SCHEDULE 4
REQUIREMENTS FOR ISSUANCE OF CLASS 1, CLASS 2 AND 3 MEDICAL CERTIFICATES

(regs 141-149)

Class 1 — Medical certificate

1.    Certificate issue and renewal

    1.1    An applicant for a commercial pilot licence for aeroplane, airship, helicopter or powered-lift, a multi-crew pilot licence for aeroplane, or an airline transport pilot licence for aeroplane, helicopter or powered-lift shall undergo an initial medical examination for the issue of a class 1 medical certificate.

    1.2    Except where otherwise stated in this section, holders of commercial pilot licences for aeroplane, airship, helicopter or powered-lift, multi-crew pilot licences for aeroplane, or airline transport pilot licences for aeroplane, helicopter or powered-lift shall have their class 1 medical certificates renewed at intervals not exceeding those specified in regulation 125.

    1.3    When the Authority is satisfied that the requirements of this section and the general provisions of these Regulations have been met, a class 1 medical certificate shall be issued to the applicant.

2.    Physical and mental requirements

    2.1    The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable either to operate an aircraft safely or to perform assigned duties safely.

    2.2    The applicant shall have no established medical history or clinical diagnosis of—

        (a)    an organic mental disorder;

        (b)    mental or behavioural disorder due to use of psychoactive substances and includes dependence syndrome induced by alcohol or other psychoactive substances;

        (c)    schizophrenia or a schizotypal or delusional disorder;

        (d)    a mood (affective) disorder;

        (e)    a neurotic, stress-related or somatoform disorder;

        (f)    a behavioural syndrome associated with physiological disturbances or physical factors;

        (g)    a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts;

        (h)    mental retardation;

        (i)    a disorder of psychological development;

        (j)    a behavioural or emotional disorder, with onset in childhood or adolescence; or

        (k)    a mental disorder not otherwise specified, such as might render the applicant unable to safely exercise the privileges of the licence applied for or held.

    2.3    The applicant shall have no established medical history or clinical diagnosis of any of the following—

        (a)    a progressive or non-progressive disease of the nervous system, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges;

        (b)    epilepsy; or

        (c)    any disturbance of consciousness without satisfactory medical explanation of cause.

    2.4    The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    2.5    The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

        2.5.1    An applicant who has undergone coronary bypass grafting or angioplasty (with or without stenting) or other cardiac intervention or who has a history of myocardial infarction or who suffers from any other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant's cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

        2.5.2    An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    2.6    Electrocardiography shall form part of the heart examination for the first issue of a medical certificate.

        2.6.1    Electrocardiography shall be included in re-examinations of applicants over the age of 50 years no less frequently than annually.

    2.7    The systolic and diastolic blood pressures shall be within normal limits.

        2.7.1    The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

    2.8    There shall be no significant functional nor structural abnormality of the circulatory system.

    2.9    There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations.

    2.10    Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    2.11    Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations shall be assessed as unfit.

        2.11.1    The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

    2.12    Applicants with active pulmonary tuberculosis shall be assessed as unfit.

        2.12.1    Applicants with quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous in origin, may be assessed as fit.

    2.13    Applicants with significant impairment of function of the gastrointestinal tract or its adnexa shall be assessed as unfit.

        2.13.1    Applicants shall be completely free from those hernias that might give rise to incapacitating symptoms.

    2.14    Applicants with sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression, shall be assessed as unfit.

    2.15    Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit.

    2.16    Applicants with insulin-treated diabetes mellitus shall be assessed as unfit.

    2.16.1    Applicants with non-insulin-treated diabetes mellitus shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

    2.17    Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges.

    2.18    Applicants with renal or genitourinary disease shall be assessed as unfit, unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges.

    2.18.1    Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated.

    2.19    Applicants with sequelae of disease of or surgical procedures on the kidneys or the genito-urinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

        2.19.1    Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated.

    2.20    Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    2.21    Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy.

    2.22    Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings.

    2.23    The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    2.24    The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    2.25    There shall be—

        (a)    no disturbance of vestibular function;

        (b)    no significant dysfunction of the Eustachian tubes; and

        (c)    no unhealed perforation of the tympanic membranes.

        2.25.1    A single dry perforation of the tympanic membrane need not render the applicant unfit.

    2.26    There shall be—

        (a)    no nasal obstruction; and

        (b)    no malformation nor any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    2.27    Applicants with stuttering or other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit.

3.    Visual requirements

    The medical examination shall be based on the following requirements—

    3.1    The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, nor any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extent that would interfere with the safe exercise of the applicant's licence and rating privileges.

    3.2    Distant visual acuity with or without correction shall be 6/9 or better in each eye separately, and binocular visual acuity shall be 6/6 or better. No limits apply to uncorrected visual acuity. Where this standard of visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that—

        (a)    such correcting lenses are worn during the exercise of the privileges of the licence or rating applied for or held; and

        (b)    in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant's licence.

    3.3    Applicants may use contact lenses to meet this requirement provided that—

        (a)    the lenses are monofocal and non-tinted;

        (b)    the lenses are well tolerated; and

        (c)    a pair of suitable correcting spectacles is kept readily available during the exercise of the licence privileges.

        3.3.1    Applicants with a large refractive error shall use contact lenses or high-index spectacle lenses.

        3.3.2    Applicants whose uncorrected distant visual acuity in either eye is worse than 6/60 shall be required to provide a full ophthalmic report prior to initial medical certificate and every five years thereafter.

        3.3.3    Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges.

    3.4    The applicant shall have the ability to read, while wearing the correcting lenses, if any, required by 3.3.2, the N5 chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm and the ability to read the N14 chart or its equivalent at a distance of 100 cm. If this requirement is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with 3.2; if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements.

        3.4.1    When near correction is required in accordance with this paragraph, a second pair of near-correction spectacles shall be kept available for immediate use.

    3.5    The applicant shall be required to have normal fields of vision.

    3.6    The applicant shall be required to have normal binocular function.

        3.6.1    Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenopia and diplopia need not be disqualifying.

4.    Hearing requirements

    4.1    The applicant, when tested on a pure-tone audiometer, shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz.

        4.1.1    An applicant with a hearing loss greater than the above may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates the masking properties of flight deck noise upon speech and beacon signals.

        4.1.2    Alternatively, a practical hearing test conducted in flight in the cockpit of an aircraft of the type for which the applicant's licence and ratings are valid may be used.

Class 2 — Medical certificate

    Certificate issue and renewal

    An applicant for a private pilot licence – aeroplane, airship, helicopter or powered-lift, a glider pilot licence, a free balloon pilot licence, shall undergo an initial medical examination for the issue of a class 2 medical certificate. The Authority shall issue a class 2 medical certificate when it is satisfied that the requirements of these regulations are met.

    Physical and mental requirements

    (1) The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable either to operate an aircraft safely or to perform assigned duties safely.

    (2) The applicant shall have no established medical history or clinical diagnosis of—

    (a)    an organic mental disorder;

    (b)    a mental or behavioural disorder due to psychoactive substance use; this includes dependence syndrome induced by alcohol or other psychoactive substances;

    (c)    schizophrenia or a schizotypal or delusional disorder;

    (d)    a mood (affective) disorder;

    (e)    a neurotic, stress-related or somatoform disorder;

    (f)    a behavioural syndrome associated with physiological disturbances or physical factors;

    (g)    a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts;

    (h)    mental retardation;

    (i)    a disorder of psychological development;

    (j)    a behavioural or emotional disorder, with onset in childhood or adolescence; or

    (k)    a mental disorder not otherwise specified; such as might render the applicant unable to safely exercise the privileges of the licence applied for or held.

    (3) The applicant shall have no established medical history or clinical diagnosis of any of the following—

    (a)    a progressive or non-progressive disease of the nervous system, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges;

    (b)    epilepsy; and

    (c)    any disturbance of consciousness without satisfactory medical explanation of cause.

    (4) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (5) The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (6) An applicant who has undergone coronary bypass grafting or angioplasty, with or without stenting or other cardiac intervention or who has a history of myocardial infarction or who suffers from any other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant's cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (7) An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (8) Electrocardiography shall form part of the heart examination for the first issue of a Medical Certificate after the age of 40. Electrocardiography shall be included in re-examinations of applicants after the age of 50 no less than every two years.

    (9) The systolic and diastolic blood pressures shall be within normal limits.

    (10) The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges. There shall be no significant functional nor structural abnormality of the circulatory system.

    (11) There shall be no disability of the lungs or any active disease of the structures of the lungs, mediastinum or pleura likely to result in incapacitating symptoms during normal or emergency operations.

    (12) Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (13) Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations shall be assessed as unfit. The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

    (14) Applicants with active pulmonary tuberculosis shall be assessed as unfit. Applicants with quiescent or healed lesions, known to be tuberculous or presumably tuberculous in origin, may be assessed as fit. Applicants shall be completely free from those hernias that might give rise to incapacitating symptoms.

    (15) Applicants with significant impairment of the function of the gastrointestinal tract or its adnexa shall be assessed as unfit.

    (16) Applicants with sequelae of disease of or surgical intervention on any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression, shall be assessed as unfit.

    (17) Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit. Applicants with insulin-treated diabetes mellitus shall be assessed as unfit.

    (18) Applicants with non-insulin-treated diabetes mellitus shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

    (19) Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges.

    (20) Applicants with renal or genitourinary disease shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated.

    (21) Applicants with sequelae of disease of, or surgical procedures on, the kidneys or the genitourinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (22) Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated. Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (23) Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy. Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings.

    (24) The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (25) The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    There shall be—

    (a)    no disturbance of the vestibular function;

    (b)    no significant dysfunction of the Eustachian tubes; and

    (c)    no unhealed perforation of the tympanic membranes.

    (26) A single dry perforation of the tympanic membrane need not render the applicant unfit.

    There shall be—

    (a)    no nasal obstruction; and

    (b)    no malformation nor any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (27) Applicants with stuttering and other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit.

    Visual requirements

    The medical examination shall be based on the following requirements—

    (1) The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, nor any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extent that would interfere with the safe exercise of the applicant's licence and rating privileges.

    (2) Distant visual acuity with or without correction shall be 6/12 or better in each eye separately, and binocular visual acuity shall be 6/9 or better. No limits apply to uncorrected visual acuity. Where this standard of visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that—

    (a)    such correcting lenses are worn during the exercise of the privileges of the licence or rating applied for or held; and

    (b)    in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant's licence.

    (3) Applicants may use contact lenses to meet this requirement provided that—

    (a)    the lenses are monofocal and non-tinted;

    (b)    the lenses are well tolerated; and

    (c)    a pair of suitable correcting spectacles is kept readily available during the exercise of the licence privileges.

    (4) Applicants with a large refractive error shall use contact lenses or high-index spectacle lenses to minimise peripheral field distortion. Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges.

    (5) The applicant shall have the ability to read, while wearing the correcting lenses, if any, required by 6.4.3.2, the N5 chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm. If this requirement is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with these regulations; if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements.

    (6) When near correction is required in accordance with this paragraph, a second pair of near-correction spectacles shall be kept available for immediate use.

    (7) The applicant shall be required to have normal fields of vision. The applicant shall be required to have normal binocular function. Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenopia and diplopia need not be disqualifying.

Hearing requirements

    (1) Applicants who are unable to hear an average conversational voice in a quiet room, using both ears, at a distance of 2 m from the examiner and with the back turned to the examiner, shall be assessed as unfit. When tested by pure-tone audiometry, an applicant with a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz, shall be assessed as unfit.

Class 3 — Medical certificate

Certificate issue and renewal

Cap. 71:01
(Sub. Leg.)

    (1) An applicant for an air traffic controller licence shall undergo an initial medical examination for the issue of a class 3 medical certificate. Except where otherwise stated in this section, holders of air traffic controller licences shall have their class 3 medical certificates renewed at intervals not exceeding those specified in the Civil Aviation (Personnel Licensing) (Other Personnel) Regulations.

    (2) The Authority shall issue a medical certificate to an applicant who meets the requirements of these Regulations.

    Physical and mental requirements

    (1) The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable to perform duties safely. The applicant shall have no established medical history or clinical diagnosis of—

    (a)    an organic mental disorder;

    (b)    a mental or behavioural disorder due to psychoactive substance use; this includes dependence syndrome induced by alcohol or other psychoactive substances;

    (c)    schizophrenia or a schizotypal or delusional disorder;

    (d)    a mood (affective) disorder;

    (e)    a neurotic, stress-related or somatoform disorder;

    (f)    a behavioural syndrome associated with physiological disturbances or physical factors;

    (g)    a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts;

    (h)    mental retardation;

    (i)    a disorder of psychological development;

    (j)    a behavioural or emotional disorder, with onset in childhood or adolescence; or a mental disorder not otherwise specified; and

    (k)    such as might render the applicant unable to safely exercise the privileges of the licence applied for or held.

    (2) The applicant shall have no established medical history or clinical diagnosis of any of the following—

    (a)    a progressive or non-progressive disease of the nervous system, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges;

    (b)    epilepsy; or

    (c)    any disturbance of consciousness without satisfactory medical explanation of cause.

    (3) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant's licence and rating privileges. The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (4) An applicant who has undergone coronary bypass grafting or angioplasty (with or without stenting) or other cardiac intervention or who has a history of myocardial infarction or who suffers from any other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant's cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (5) An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence and rating privileges.

    (6) Electrocardiography shall form part of the heart examination for the first issue of a medical certificate. Electrocardiography shall be included in re-examinations of applicants after the age of 50 no less frequently than every two years. The systolic and diastolic blood pressures shall be within normal limits.

    (7) The use of drugs for control of high blood pressure is disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence privileges. There shall be no significant functional nor structural abnormality of the circulatory system.

    (8) There shall be no disability of the lungs or any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms. Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges. Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms shall be assessed as unfit.

    (9) The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges. Applicants with active pulmonary tuberculosis shall be assessed as unfit. Applicants with quiescent or healed lesions, known to be tuberculous or presumably tuberculous in origin, may be assessed as fit. Applicants with significant impairment of the function of the gastrointestinal tract or its adnexae shall be assessed as unfit.

    (10) Applicants with sequelae of disease of or surgical intervention on any part of the digestive tract or its adnexa, likely to cause incapacitation, in particular any obstructions due to stricture or compression, shall be assessed as unfit. Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit.

    (11) Applicants with insulin-treated diabetes mellitus shall be assessed as unfit. Applicants with non-insulin-treated diabetes shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit, unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. Applicants with renal or genito-urinary disease shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated.

    (12) Applicants with sequelae of disease of, or surgical procedures on the kidneys or the genito-urinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges. Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated.

    (13) Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

    (14) Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy. Following confinement or termination of pregnancy the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings.

    (15) The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges. The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence and rating privileges. There shall be no malformation nor any disease of the nose, buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant's licence and rating privileges. Applicants with stuttering or other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit.

    Visual requirements

    The medical examination shall be based on the following requirements—

    (1) The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, or any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extent that would interfere with the safe exercise of the applicant's licence and rating privileges.

    (2) Distant visual acuity with or without correction shall be 6/9 or better in each eye separately, and binocular visual acuity shall be 6/6 or better. No limits apply to uncorrected visual acuity. Where this standard of visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that—

    (a)    such correcting lenses are worn during the exercise of the privileges of the licence or rating applied for or held; and

    (b)    in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant's licence.

    (3) Applicants may use contact lenses to meet this requirement provided that—

    (a)    the lenses are monofocal and non-tinted;

    (b)    the lenses are well tolerated; and

    (c)    a pair of suitable correcting spectacles is kept readily available during the exercise of the licence privileges.

    (4) Applicants with a large refractive error shall use contact lenses or high-index spectacle lenses. Applicants whose uncorrected distant visual acuity in either eye is worse than 6/60, shall be required to provide a full ophthalmic report prior to initial medical certificate and every five years thereafter.

    (5) Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges.

    (6) The applicant shall have the ability to read, while wearing the correcting lenses, the N5 chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm and the ability to read the N14 chart or its equivalent at a distance of 100 cm. If this requirement is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with these regulations: if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements.

    (7) When near correction is required in accordance with this paragraph, a second pair of near-correction spectacles shall be kept available for immediate use. The applicant shall be required to have normal fields of vision. The applicant shall be required to have normal binocular function.

    (8) Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenia and diplopia need not be disqualifying.

Hearing requirements

    (1) The applicant, when tested on a pure-tone audiometer shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz.

    (2) An applicant with a hearing loss greater than the above may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates that experienced in a typical air traffic control working environment. Alternatively, a practical hearing test conducted in an air traffic control environment representative of the one for which the applicant's licence and ratings are valid.

SCHEDULE 5
ADMINISTRATIVE PENALTIES

(reg 178(8))

    (1) The administrative penalties, in respect of the offences under regulation 178(8), shall apply to an individual as indicated in Table A.

TABLE A
PENALTIES APPLICABLE TO AN INDIVIDUAL

Regulation

1st offence

2nd offence

Subsequent offence

178(8)(a)

P 5 000

P 10 000

P 15 000

178(8)(b)

P 5 000

P 10 000

P 15 000

178(8)(c)

P 5 000

P 10 000

P 15 000

178(8)(d)

P 15 000

P 20 000

P 25 000

178(8)(e)

P 10 000

P 20 000

P 30 000

178(8)(f)

P 10 000

P 20 000

P 30 000

178(8)(g)

P 10 000

P 20 000

P 30 000

178(8)(h)

P 10 000

P 20 000

P 30 000

178(8)(i)

P 10 000

P 20 000

P 30 000

178(8)(j)

P 5 000

P 10 000

P 15 000

 

    (2) The administrative penalties, in respect of the offences under regulation 178(8), shall apply to an organisation as indicated in Table B.

TABLE B
PENALTIES APPLICABLE TO AN ORGANISATION

Regulation

1st offence

2nd offence

Subsequent offence

178(8)(a)

P 15 000

P 30 000

P 50 000

178(8)(b)

P 15 000

P 30 000

P 50 000

178(8)(c)

P 15 000

P 30 000

P 50 000

178(8)(d)

P 15 000

P 30 000

P 50 000

178(8)(e)

P 25 000

P40 000

P 60 000

178(8)(f)

P 25 000

P 50 000

P 80 000

178(8)(g)

P 25 000

P 50 000

P 80 000

178(8)(h)

P 35 000

P 60 000

P 100 000

178(8)(i)

P 25 000

P 50 000

P 120 000

178(8)(j)

P 15 000

P 30 000

P 80 000

 

CIVIL AVIATION (COMMUNICATION PROCEDURES) REGULATIONS

(section 89)

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Requirements for communication, navigation and surveillance facilities

    5.    Certification of air navigation service provider

    6.    Approval requirement

    7.    Inspections and audits

    8.    Siting and installation

    9.    Commissioning requirement

    10.    Availability and reliability of CNS facilities

    11.    Interface arrangement for support services

    12.    Record keeping and documentation

    13.    Operations manual and maintenance plan

    14.    Periodic inspection, testing and security of CNS facilities

    15.    Flight inspection and facility check after accident or incident

    16.    Radio frequency management and interference reporting

    17.    CNS personnel training and other requirements

    18.    Facility malfunction incident reporting and operational status of CNS systems

    19.    Proficiency certification program

    20.    Safety case, notification of aeronautical facility status and interruption to service

PART III
Administrative Provisions Relating to the International Aeronautical Service

    21.    Division of service

    22.    Telecommunication access

    23.    Hours of service

    24.    Supervision

    25.    Superfluous transmissions

    26.    Interference

PART IV
General Procedures for the International Aeronautical Telecommunication Service

    27.    Extensions of service and closing down of stations

    28.    Acceptance of messages

    29.    Transmission and delivery of messages

    30.    Time systems

    31.    Record of communications

    32.    Establishment of radio communication

    33.    Use of abbreviations and codes

    34.    Cancellation of messages

PART V
Aeronautical Fixed Service

    35.    Systems and applications used in aeronautical fixed service

    36.    Material permitted in aeronautical fixed services messages

    37.    Air traffic services direct speech circuits

    38.    Meteorological operational channels and meteorological operational telecommunication networks

    39.    Aeronautical fixed telecommunication network

    40.    Service messages

    41.    Order of priority

    42.    Same priority messages

    43.    Routing of messages and supervision of message traffic

    44.    Failure of communications

    45.    Long term retention of aeronautical fixed telecommunication networks traffic records

    46.    Short term retention of aeronautical fixed telecommunication networks traffic records

    47.    Test procedures on aeronautical fixed telecommunication networks channels

    48.    Characters of aeronautical fixed telecommunication networks messages

    49.    Stripped address

    50.    Correction of errors during message origination

    51.    Predetermined distribution system for aeronautical fixed telecommunication networks messages

    52.    Message format – international alphabet No. 5 (IA-5)

    53.    Action taken on mutilated messages in international telegraph alphabet No. 5 detected in computerised AFTN relay stations

    54.    Transfer of aeronautical fixed telecommunication networks messages over code and byte independent circuits and networks

    55.    Air traffic services message handling services (ATS-MHS)

    56.    Inter-centre communications

PART VI
Aeronautical Mobile Services – Voice Communications

    57.    General procedures for aeronautical mobile service-voice communications

    58.    Categories of messages

    59.    Distress messages and distress traffic

    60.    Urgency messages and urgency traffic

    61.    Communications relating to direction finding

    62.    Composition of flight safety messages

    63.    Composition of meteorological messages

    64.    Composition of flight regularity messages

    65.    Handling of flight regularity messages

    66.    Handling of same priority messages

    67.    Composition of inter-pilot air-to-air communication

    68.    Cancellation of messages

    69.    Radiotelephony procedures

    70.    Distress and urgency radiotelephony communication procedures

    71.    Communications related to acts of unlawful interference

PART VII
Aeronautical Radio Navigation Service

    72.    General

    73.    Direction-finding

PART VIII
Aeronautical Broadcasting Service

    74.    Broadcast material

    75.    Frequencies and schedules

    76.    Interruption of service

    77.    Radiotelephone broadcast procedures

PART IX
Aeronautical Mobile ServiceData Link Communications

    78.    Composition of data link messages

    79.    Display of data link messages

    80.    Controller-pilot data link communication procedures

PART X
Exemptions

    81.    Granting of exemptions

    82.    Review and publication

PART XI
General Provisions

    83.    Drug and alcohol testing

PART XII
Offences and Penalties

    84.    Contravention of Regulations

    85.    Penalties

    86.    Appeal

PART XIII
Savings and Transitional

    87.    Savings and transitional provisions

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

S.I. 62, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Communication Procedures) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "aeronautical fixed telecommunication network circuit" means a circuit forming part of the aeronautical fixed telecommunication network (AFTN);

    "aeronautical mobile (R) service (RR SI. 33)" means an aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes;

    "aeronautical mobile service (RR SI. 32)" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;

    "aeronautical mobile-satellite (R) service (RR SI. 36)" means an aeronautical mobile-satellite service reserved for communications relating to safety and regularity of flights, primarily along national or international civil air routes;

    "aeronautical mobile-satellite service (RR S1. 35)" means a mobile-satellite service in which mobile earth stations are located on board aircraft; survival craft stations and emergency position-indicating radio beacon stations may also participate in this service;

    "aeronautical radio navigation service (RR S1. 46)" means a radio navigation service intended for the benefit and for the safe operation of aircraft;

    "aeronautical station (RR S1. 81)" means a land station in the aeronautical mobile service;

    "aeronautical telecommunication agency" means an agency responsible for operating a station or stations in the aeronautical telecommunication service;

    "aeronautical telecommunication service" means a telecommunication service provided for any aeronautical purpose;

    "aeronautical telecommunication station" means a station in the aeronautical telecommunication service;

    "AFTN communication centre" means an AFTN station whose primary function is the relay or retransmission of AFTN traffic from or to a number of other AFTN stations connected to it;

    "AFTN destination station" means an AFTN station to which messages or digital data are addressed for processing for delivery to the addressee;

    "AFTN origin station" means an AFTN station where messages or digital data are accepted for transmission over the AFTN;

    "AFTN station" means a station forming part of the aeronautical fixed telecommunication network (AFTN) and operating as such under the authority or control of a State;

    "air navigation services provider" means an entity established for the purpose of providing one or more of the air navigation services as defined in these Regulations;

    "aircraft operating agency" means the person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation;

    "aircraft station (RR S1.83)" means a mobile station in the aeronautical mobile service, other than a survival craft station, located on board an aircraft;

    "air-ground communication" means a two-way communication between aircraft and stations or locations on the surface of the earth;

    "air-ground control radio station" means an aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area;

    "air navigation services" means one or more of the following services provided for air navigation—

    (a)    air traffic services;

    (b)    instrument flight procedure design (IFPD) services;

    (c)    aeronautical cartographic services;

    (d)    aeronautical telecommunication services; and

    (e)    search and rescue services;

    "air-report" means a report from an aircraft in flight prepared in conformity with requirements for position, and operational and/or meteorological reporting;

    "air-to-ground communication" means a one-way communication from aircraft to stations or locations on the surface of the earth;

    "air traffic safety electronics personnel (ATSEP)" means a person directly engaged with operations, maintenance and installation activities of CNS/ATM systems;

    "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);

    "ANSP" means air navigation services provider;

    "ATS direct speech circuit" means an aeronautical fixed service (AFS) telephone circuit, for direct exchange of information between air traffic services (ATS) units;

    "automatic relay installation" means a teletypewriter installation where automatic equipment is used to transfer messages from incoming to outgoing circuits;

    "blind transmission" means a transmission from one station to another station in circumstances where two-way communication cannot be established but where it is believed that the called station is able to receive the transmission;

    "broadcast" means a transmission of information relating to air navigation that is not addressed to a specific station or stations;

    "CNS" means communication, navigation and surveillance;

    "communication centre" means an aeronautical fixed station which relays or retransmits telecommunication traffic from (or to) a number of other aeronautical fixed stations directly connected to it;

    "controller-pilot data link communications (CPDLC)" means a means of communication between controller and pilot, using data link for ATC communications;

    "current data authority" means the designated ground system through which a CPDLC dialogue between a pilot and a controller currently responsible for the flight is permitted to take place;

    "downstream data authority" means a designated ground system, different from the current data authority, through which the pilot can contact an appropriate ATC unit for the purposes of receiving a downstream clearance;

    "flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

    "free text message element" means a message element used to convey information not conforming to any standardised message element in the CPDLC message set;

    "frequency channel" means a continuous portion of the frequency spectrum appropriate for a transmission utilising a specified class of emission;

    "fully automatic relay installation" means a teletypewriter installation where interpretation of the relaying responsibility in respect of an incoming message and the resultant setting up of the connections required to effect the appropriate retransmissions is carried out automatically, as well as all other normal operations of relay, thus obviating the need for operator intervention, except for supervisory purposes;

    "ground-to-air communication" means a one-way communication from stations or locations on the surface of the earth to aircraft;

    "height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

    "human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

    "inter-pilot air-to-air communication" means a two-way communication on the designated air-to-air channel to enable aircraft engaged in flights over remote and oceanic areas out of range of VHF ground stations to exchange necessary operational information and to facilitate the resolution of operational problems;

    "location indicator" means a four-letter code group formulated in accordance with rules prescribed by ICAO and assigned to the location of an aeronautical fixed station;

    "MANSOPS" means manual of air navigation services operations;

    "meteorological operational channel" means a channel of the aeronautical fixed service (AFS), for the exchange of aeronautical meteorological information;

    "meteorological operational telecommunication network" means an integrated system of meteorological operational channels, as part of the aeronautical fixed service (AFS), for the exchange of aeronautical meteorological information between the aeronautical fixed stations within the network;

    "mobile surface station" means a station in the aeronautical telecommunication service, other than an aircraft station, intended to be used while in motion or during halts at unspecified points;

    "network station" means an aeronautical station forming part of a radiotelephony network;

    "next data authority" means the ground system so designated by the current data authority through which an onward transfer of communications and control can take place;

    "NOTAM" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;

    "pre-formatted free text message element" means a free text message element that is stored within the aircraft system or ground system for selection;

    "primary frequency" means the radiotelephony frequency assigned to an aircraft as a first choice for air-ground communication in a radiotelephony network;

    "radio direction finding (RR SI.12)" means radio determination using the reception of radio waves for the purpose of determining the direction of a station or object;

    "radio direction-finding station (RR SI.91)" means a radio determination station using radio direction finding;

    "radiotelephony network" means a group of radiotelephony aeronautical stations which operate on and guard frequencies from the same family and which support each other in a defined manner to ensure maximum dependability of air-ground communications and dissemination of air-ground traffic;

    "readback" means a procedure whereby the receiving station repeats a received message or an appropriate part thereof back to the transmitting station so as to obtain confirmation of correct reception;

    "regular station" means a station selected from those forming an en route air-ground radiotelephony network to communicate with or to intercept communications from aircraft in normal conditions;

    "route segment" means a route or portion of route usually flown without an intermediate stop;

    "secondary frequency" means the radiotelephony frequency assigned to an aircraft as a second choice for air-ground communication in a radiotelephony network;

    "semi-automatic relay installation" means a teletypewriter installation where interpretation of the relaying responsibility in respect of an incoming message and the resultant setting up of the connections required to effect the appropriate retransmissions require the intervention of an operator but where all other normal operations of relay are carried out automatically;

    "SNOWTAM" means a special series NOTAM notifying the presence or removal of hazardous conditions due to snow, ice, slush or standing water associated with snow, slush and ice on the movement area, by means of a specific format;

    "telecommunication (RR SI.3)" means any transmission, emission, or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems;

    "teletypewriter tape" means a tape on which signals are recorded in the 5-unit Start-Stop code by completely severed perforations (Chad Type) or by partially severed perforations (Chadless Type) for transmission over teletypewriter circuits; and

    "tributary station" means an aeronautical fixed station that may route receive or transmit messages or digital data, but which does not relay except for the purpose of serving similar stations connected through it to a communication centre.

3.    Application

    These Regulations shall apply to a person providing communication, navigation and surveillance services within designated airspaces and at aerodromes.

PART II
General Requirements (regs 4-20)

4.    Requirements for communication, navigation and surveillance facilities

    The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the CNS facilities shall comply with these Regulations.

5.    Certification of air navigation service provider

    A person who wishes to provide air navigation services or operates a facility to support air traffic services shall have an air navigation service provider (ANSP) certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations (Cap. 71:01 (Sub. Leg.)).

6.    Approval requirement

    (1) A person shall not provide air navigation services or operate communication, navigation and surveillance facilities or systems in the designated airspace and aerodromes unless the facilities or systems have been approved by the Authority.

    (2) The ANS provider shall notify the Authority of its intention to procure, install, use, decommission, upgrade or relocate any communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes not less than 30 days prior to the date of start of the process.

    (3) The Authority shall approve installation, use, decommissioning, upgrading or relocation of all the communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes.

7.    Inspections and audits

    (1) The Authority shall carry out safety inspections and audits on CNS facilities, documents and records of the CNS facilities to determine compliance in accordance with these Regulations.

    (2) An inspector of the Authority shall have unrestricted access to the facilities, installations, records and documents of the service provider to determine compliance with these Regulations and required procedures.

8.    Siting and installation

    (1) The air navigation service provider shall—

    (a)    establish procedures to ensure that the communication, navigation and surveillance systems—

        (i)    are operated, maintained, available and reliable in accordance with the requirements set out by the Authority in these Regulations,

        (ii)    are designed to meet the applicable operational specification for that facility,

        (iii)    are installed and commissioned as set out by the Authority in these Regulations, and

        (iv)    conform to the applicable system characteristics and specification standards set out by the Authority in these Regulations; and

    (b)    determine the site for installation of a new facility based on operational requirements, construction aspects and maintainability.

    (2) The facilities in subregulation (1) shall be installed by experienced technical officers with relevant ratings for the facilities.

9.    Commissioning requirement

    The air navigation service provider shall—

    (a)    establish procedures to ensure that each new facility—

        (i)    is commissioned to meet the specifications for that facility, and

        (ii)    is in compliance with applicable standards under these Regulations;

    (b)    ensure that the system performance of the new facility has been validated by the necessary tests, and that all parties involved with the operations and maintenance of the facility, including its maintenance contractors have accepted and are satisfied with the results of the tests; and

    (c)    ensure that procedures include documentation of tests conducted on the facility prior to the commissioning, including those that test the compliance of the facility with the applicable standards and any flight check required.

10.    Availability and reliability of CNS facilities

    (1) The air navigation services provider shall be responsible for the provision of communication, navigation and surveillance services and facilities to ensure that the telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available.

    (2) The functional specification of each of the air navigation service provider’s telecommunication services shall include the following values or characteristics for each service—

    (a)    availability;

    (b)    reliability;

    (c)    accuracy;

    (d)    integrity;

    (e)    Mean Time Between Failure (MTBF); and

    (f)    Mean Time to Repair (MTTR).

    (3) The values mentioned in subregulation (2) shall be derived or measured from either or both of—

    (a)    the configuration of each service; and

    (b)    the known performance of each service.

    (4) The air navigation service provider shall describe in the operations manual the method used to calculate each of the values.

    (5) For a radio navigation service, the integrity values or characteristics shall be given for each kind of navigation aid facility that forms part of the service.

    (6) The air navigation service provider shall ensure that performance of technical facilities are monitored, reviewed and reported against these Regulations.

    (7) The air navigation service provider shall ensure that a facility is installed with main and standby power supply and adequate air conditioning to ensure continuity of operation appropriate to the service being provided.

11.    Interface arrangement for support services

    An air navigation service provider shall formalise interface arrangements where applicable with external organisations in the form of service level agreements, detailing the following—

    (a)    interface (interoperability) and functional specifications of the support service;

    (b)    service level of the support service such as availability, accuracy, integrity and recovery time of failure of service; and

    (c)    monitoring and reporting of the operational status of the service to the service provider.

12.    Record keeping and documentation

    (1) The air navigation service provider shall—

    (a)    hold copies of relevant equipment manuals, technical standards, practices, instructions, maintenance procedures, site logbooks, systems backup data, equipment and test gear inventory and any other documentation that are necessary for the provision and operation of the facility;

    (b)    establish a procedure for the control of the documentation required under these Regulations;

    (c)    keep records under the control of the relevant key personnel;

    (d)    control access to the records system to ensure appropriate security;

    (e)    ensure that data and voice for air navigation service operational systems are recorded continuously and procedures established for the retention and utilisation of these recordings for analysis;

    (f)    maintain all documents and records which are necessary for the operation and maintenance of the service and make available copies of these documents to personnel where needed and these documents shall include—

        (i)    a copy of these Regulations,

        (ii)    the air navigation service provider’s operations manual,

        (iii)    ICAO Annex 10 Volumes I to V, ICAO Doc 8071 – Manual on Testing of Radio Navigation Aids, and other relevant ICAO documents,

        (iv)    records of malfunction and safety incident reports,

        (v)    records of internal audit reports,

        (vi)    agreements with other organisations,

        (vii)    records of investigation into serious incidents,

        (viii)    records of staff deployment, duty and leave rosters,

        (ix)    records of equipment spares,

        (x)    records of job description, training programme and plan of each staff member, and

        (xi)    all related air navigation service technical standards and technical guidance material developed by the Authority;

    (g)    retain for this regulation a document for at least three years where the document is paper based and 180 days if it is computer based;

    (h)    establish a process for the authorisation and amendment of these documents to ensure that they are constantly updated and ensure that—

        (i)    the currency of the documentation can be readily determined,

        (ii)    amendments to the documentation are controlled in accordance with established quality management principles,

        (iii)    only current versions of documents are available, and

        (iv)    the person authorising the creation and any revision is identified;

    (i)    ensure that where documents are held as computer-based records and where paper copies of computer-based records are made, they are subjected to the same control as paper documents;

    (j)    shall establish procedures to identify, collect, index, store, maintain, and dispose records covering—

        (i)    the performance and maintenance history of each facility,

        (ii)    the establishment of the periodic test programmes for each facility,

        (iii)    each item of test equipment required for the measurement of critical performance parameters,

        (iv)    each reported or detected facility malfunction,

        (v)    each internal quality assurance review,

        (vi)    each person who is authorised to place facilities into operational.

13.    Operations manual and maintenance plan

    (1) An air navigation services provider shall develop an operations manual that demonstrates the air navigation services provider’s compliance with these Regulations.

    (2) The contents of the operations manual shall contain—

    (a)    the information required of the air navigation services provider in accordance with these Regulations;

    (b)    an organisation chart of the air navigation services provider and its maintenance contractors, if any, that shows the position of each personnel and the name, qualification, experience, duties and responsibilities of personnel who are responsible for ensuring the compliance of the organisation with the requirements described in these Regulations;

    (c)    an overall operation and maintenance plan for the aeronautical telecommunication service, and for each facility, an operation and maintenance plan, as described under subregulation (4);

    (d)    for each facility, information on the compliance of the facility with these Regulations and the applicable aeronautical telecommunication standards; and

    (e)    the system performance target of each facility, such as its availability and reliability.

    (3) The operations manual shall consist of a main manual covering the main areas that need to be addressed, as well as separate supporting documents and manuals such as the operation and maintenance plan of each facility that are referred to in the main manual.

    (4) The air navigation service provider shall establish an operation and maintenance plan for each facility which shall include—

    (a)    a procedure for the periodic inspection and testing of each facility to verify that it meets the operational and performance specifications of that facility;

    (b)    details of flight test, if necessary, such as the standards and procedures to be used and flight test interval, which shall be in compliance with guidelines determined by the Authority;

    (c)    the interval between periodic inspection and flight test and the basis for that interval and whenever the interval is changed, the reasons for such change shall be documented;

    (d)    the operation and maintenance instructions for each facility;

    (e)    an analysis of the number of personnel required to operate and maintain each facility taking into account the workload required; and

    (f)    the corrective plan and procedures for each facility, such as whether the repair of modules and component are undertaken in-house or by equipment manufacturers and the spare support plan for each facility.

    (5) The maintenance plan or the operating and maintenance instructions for each facility shall specify the test equipment requirements for all levels of operation and maintenance undertaken.

    (6) The air navigation service provider shall control the distribution of the operations manual and ensure that it is amended whenever necessary to maintain the accuracy of the information in the operations manual and to keep its contents up-to-date.

14.    Periodic inspection, testing and security of CNS facilities

    (1) An air navigation service provider shall establish a procedure for the periodic inspection and testing of the communication, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility.

    (2) An air navigation service provider shall ensure—

    (a)    appropriate inspection, measuring and test equipment are available for staff to maintain the operation of each facility; and

    (b)    control, calibration and maintenance of such equipment so that they have the precision and accuracy necessary for the measurements and tests to be performed.

    (3) Periodic inspection shall include—

    (a)    security of the facility and site;

    (b)    adherence to the approved maintenance programme;

    (c)    upkeep of the equipment, building, site and site services; and

    (d)    adequacy of facility records and documentation.

    (4) The air navigation service provider shall establish a security programme for the communication, navigation and surveillance facility.

    (5) The security programme required under subregulation (4) shall specify the physical security requirements, practices, and procedures to be followed for the purposes of minimising the risk of destruction of, damage to, or interference with the operation of communication, navigation and surveillance facility.

    (6) The air navigation service provider shall make a test transmission if—

    (a)    the transmission is necessary to test a service, facility or equipment;

    (b)    within a reasonable time before commencing the transmission, the users have been informed about the transmission;

    (c)    at the commencement of the transmission, the service provider identifies the transmission as a test transmission; and

    (d)    the transmission contains information identifying it as a test transmission.

    (7) The air navigation services provider shall ensure that—

    (a)    CNS systems and services are protected against cyber threats and attacks to a level consistent with the application service requirements;

    (b)    all end-systems supporting air navigation security services shall be capable of authenticating the identity of peer end-systems, authenticating the source of messages and ensuring the data integrity of the messages;

    (c)    strategies and best practices on the protection of critical information and communications technology systems used for civil aviation purposes are developed and implemented;

    (d)    policies are established to ensure that, for critical aviation systems—

        (i)    system architectures are secure by design,

        (ii)    systems are resilient,

        (iii)    methods for data transfer are secured, ensuring integrity and confidentiality of data,

        (iv)    system monitoring, and incident detection and reporting, methods are implemented, and

        (v)    forensic analysis of cyber incidents is carried out.

15.    Flight inspection and facility check after accident or incident

    The air navigation service provider shall—

    (a)    ensure that radio navigation aids are available for use by aircraft engaged in air navigation and that the radio navigation aids are subjected to periodic ground and flight inspections; and

    (b)    establish a procedure to check and accurately record the operating condition of any communication, navigation and surveillance facility that may have been used by an aircraft that is involved in an accident or incident.

16.    Radio frequency management and interference reporting

    The air navigation service provider shall—

    (a)    establish a procedure for the management and protection of aeronautical radio spectrum;

    (b)    designate a responsible person to control any frequency allocation within the aeronautical radio spectrum to ensure that there will be no conflict and interference to any radio stations or facility;

    (c)    ensure that there is no wilful transmission of unnecessary or anonymous radio signals, messages or data by any of its radio stations;

    (d)    establish procedures with the communication authority to address occurrence of radio frequency interference;

    (e)    ensure that any frequency interference occurrences are reported, investigated and follow-up actions taken to prevent recurrence;

    (f)    keep updated records of all allocated frequencies; and

    (g)    ensure that no facility providing radio signals for the purpose of aviation safety shall be allowed to continue in operation, if there is a suspicion or any cause to suspect that the information being provided by that facility is erroneous.

17.    CNS personnel training and other requirements

    (1) The air navigation services provider shall—

    (a)    ensure that it employs sufficient number of personnel who possess the skills and competencies required in the provision of the aeronautical telecommunication service;

    (b)    provide in the MANSOPS an analysis of the personnel required to perform the communication, navigation and surveillance services for each facility taking into account the duties and workload required;

    (c)    develop job descriptions for each of its staff that depict the job purpose, key responsibilities, and outcome to be achieved of each staff member;

    (d)    develop an overall training policy and programme for the organisation that shall lay down training requirements;

    (e)    designate an officer in charge of training or on-job training at the operational stations;

    (f)    maintain individual training records for each of its staff member;

    (g)    conduct a yearly review of the training plan for each staff member at the beginning of the year to identify any gaps in competency and changes in training requirement and prioritise the type of training required for the coming year; and

    (h)    ensure that the training requirements of these Regulations are similarly applied to its maintenance contractors, if any.

    (2) The on-job training officer in subregulation (1)(e) above shall have satisfactorily completed the on-job training officer instructional techniques course.

    (3) A person shall not perform a function related to the installation, training, operation or maintenance of any communication, navigation and a surveillance system unless—

    (a)    that person has successfully completed training in the performance of that function in line with the ATSEP competency-based training requirements;

    (b)    the air navigation service provider is satisfied that the technical person is competent in performing that function; and

    (c)    that person has been certified in accordance with requirements of Civil Aviation Regulations or by original equipment manufacturer.

18.    Facility malfunction, incident reporting and operational status of CNS systems

    (1) The air navigation service provider shall establish procedures for the reporting, collection and notification of facility malfunction incidents and safety incidents.

    (2) The procedures in subregulation (1) shall be documented in the MANSOPS.

    (3) The air navigation service provider shall compile reports of incidents and review such reports periodically with its maintenance contractors to—

    (a)    determine the cause of the incidents and determine any adverse trends;

    (b)    implement corrective and preventive actions where necessary to prevent recurrence of the incidents; and

    (c)    implement any measures to improve the safety performance of the aeronautical telecommunication service.

    (4) The air navigation service provider shall—

    (a)    report any serious service failure or safety incident to the Authority and investigate such incidents in order to establish how and why the incident happened, including possible organisational contributing factors and to recommend actions to prevent a recurrence; and

    (b)    ensure that information on the operational status of each communication, navigation and surveillance facility that is essential for the en route, approach, landing and take-off phases of flight is provided to meet the operational needs of the service being provided.

19.    Proficiency certification programme

    (1) The air navigation service provider shall develop proficiency certification program for ATSEP engaged in the installation, training, operations and maintenance of communication, navigation and surveillance systems in accordance with guidelines set out by the Authority.

    (2) The Authority shall certify ATSEP in subregulation (1) in accordance with the established guidelines in these Regulations.

20.    Safety case, notification of aeronautical facility status and interruption to service

    (1) The air navigation service provider shall ensure that for safety critical systems, including automated air traffic control systems, communication systems and instrument landing systems, the commissioning of such systems shall include the conduct of a safety case or equivalent.

    (2) The air navigation service provider shall ensure that human performance principles are observed in the design, operations and maintenance of aeronautical telecommunication facilities.

    (3) The air navigation service provider shall, as soon as possible—

    (a)    forward to the aeronautical information services—

        (i)    information on the operational details of any new facility for publication in the Aeronautical Information Publication, and

        (ii)    information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen; and

    (b)    ensure that the information forwarded under subparagraph (a) has been accurately published.

    (4) The air navigation service provider shall—

    (a)    establish a procedure to be used in the event of interruption to or when upgrading communication, navigation and surveillance systems; and

    (b)    specify an acceptable recovery time for each service.

PART III
Administrative Provisions Relating to the International Aeronautical Telecommunication Service (regs 21-26)

21.    Division of Service

    The International Aeronautical Telecommunication Service shall be divided into four parts—

    (a)    aeronautical fixed service;

    (b)    aeronautical mobile service;

    (c)    aeronautical radio navigation service; and

    (d)    aeronautical broadcasting service.

22.    Telecommunication on access

    All aeronautical telecommunication stations, including end systems and intermediate systems of the aeronautical telecommunication network, shall be protected from unauthorised direct or remote access.

23.    Hours of service

    (1) The air navigation service provider shall give notification of—

    (a)    the normal hours of service of stations and offices of the international aeronautical telecommunication service under its control to the aeronautical telecommunication;

    (b)    any change in the normal hours of service, before such a change is effected, to the aeronautical telecommunication agencies designated to receive this information by other administrations concerned.

    (2) The changes in subregulation (1)(b) shall also be promulgated in a NOTAM.

    (3) Where a station of the international aeronautical telecommunication service, or an aircraft operating agency, requests a change in the hours of service of another station, such change shall be requested as soon as possible after the need for change is known.

    (4) The station or aircraft operating agency requesting for the change in subregulation (3) shall be informed of the result of its request as soon as possible.

24.    Supervision

    (1) The Authority shall be responsible for ensuring that the International aeronautical telecommunication service is conducted in accordance with these Regulations.

    (2) The Authority shall ensure that where occasional infringements of the Procedures contained herein and are not serious, they are dealt with by direct communication between the parties immediately interested either by correspondence or by personal contact.

    (3) The Authority shall ensure that when a station commits serious or repeated infringements, representations relating to them are made to the Authority as specified in subregulalion (1) to which the station belongs by the authority which detects them.

    (4) The Authority designated in subregulation (1) shall exchange information regarding the performance of systems of communication, radio navigation, operation and maintenance or unusual transmission phenomena.

25.    Superfluous transmissions

    The air navigation service provider shall ensure that there is no wilful transmission of unnecessary or anonymous signals, messages or data by any aeronautical station within Botswana.

26.    Interference

    The air navigation service provider shall ensure that all precautions, such as the choice of frequency and of time and the reduction or if possible, the suppression of radiation are taken to avoid any harmful interference during tests and experiments in any station and any resulting interference eliminated as soon as possible.

PART IV
General Procedures for the International Aeronautical Telecommunication Service (regs 27-34)

27.    Extensions of Service and closing down of stations

    (1) A station of the international aeronautical telecommunication service shall extend their normal hours of service as required by the Authority to provide for traffic necessary for flight operation.

    (2) A station shall notify its intention to all other stations with which it is in direct communication to confirm that an extension of service is not required and advise the time of re-opening if not within its normal hours of service.

    (3) A Station shall notify its intention of closing down either to the control station, if any, or to all stations in the network when it is working regularly in a network on a common circuit.

    (4) The station referred to in subregulation (3) shall continue watch for two minutes and may then close down if the station has received no call during this period.

28.    Acceptance of messages

    (1) An air navigation service provider shall accept for transmission only messages coming within the categories specified in regulation 39.

    (2) The station where the message is filed for transmission shall be responsible for determining the acceptability of the message.

    (3) The air navigation service provider in control of any station through which a message is relayed, shall make representations at a later date to the air navigation service provider in control of the accepting station regarding any message which is considered unacceptable.

    (4) The air navigation service provider shall accept only messages from stations forming part of the aeronautical telecommunication service for transmission, except where special arrangements have been made with the air navigation service provider concerned.

    (5) The air navigation service provider shall accept as a single message, a message intended for two or more addresses, whether at the same station or at different stations, subject to the provisions set out in Schedule 3.

    (6) The air navigation service provider shall handle and accept messages for aircraft operating agencies only when handed in to the telecommunication station in the form specified in these Regulations and by an authorised representative of that agency, or when received from that agency over an authorised circuit.

29.    Transmission and delivery of messages

    (1) A message accepted in regulation 28 shall be transmitted, relayed and delivered in accordance with the priority classification and without discrimination or undue delay.

    (2) A single office for each aircraft operating agency shall be designated by agreement between the air navigation service provider and the aircraft operating agency concerned for each station of the air navigation service provider from which messages are delivered to one or more aircraft operating agencies.

    (3) A Station of the international aeronautical telecommunication service shall be responsible for delivery of messages to an address located within the boundaries of the aerodrome served by that station and beyond those boundaries only to an address as may be agreed by special arrangements with the Administrations concerned.

    (4) The Authority shall determine a form of written record or other permanent means of delivering messages.

    (5) Messages originated in the aeronautical mobile service by an aircraft in flight and which require transmission over the aeronautical fixed telecommunication network to effect delivery, shall be reprocessed by the aeronautical telecommunication station into the message format specified in Schedule 1 prior to transmission on the aeronautical fixed telecommunication network.

    (6) Messages originated in the aeronautical mobile service by an aircraft in flight and which require transmission over the aeronautical fixed service, other than on aeronautical fixed telecommunication network circuits, shall be reprocessed by the aeronautical telecommunication station into the format prescribed in Schedule 1 except where, subject to subregulation (3), prior and other arrangements have been made between the aeronautical telecommunication agency and the aircraft operating agency concerned for predetermined distribution of messages from aircraft.

    (7) Messages, including air-reports, without specific address containing—

    (a)    meteorological information received from an aircraft in flight shall be forwarded without delay to the meteorological office associated with the point of reception; and

    (b)    air traffic services information from aircraft in flight shall be forwarded without delay to the air traffic services unit associated with the communication station receiving the message.

30.    Time systems

    (1) The Universal Co-ordinated Time (UTC) shall be used by all stations in the aeronautical telecommunication service.

    (2) The stations in subregulation (1) shall designate midnight as 2400 for the end of the day and 0000 for the beginning of the day.

    (3) A date-time group shall consist of six figures, the first two figures representing the date of the month and the last four figures the hours and minutes in Universal Co-ordinated Time.

31.    Record of communications

    (1) A telecommunication log, written or automatic, shall be maintained in each station of the aeronautical telecommunication service except that an aircraft station, when using radiotelephony in direct communication with an aeronautical station, need not maintain a telecommunication log.

    (2) An aeronautical station shall record messages at the time of its receipt, except that, if during an emergency the continued manual recording would result in delays in communication, the recording of messages may be temporarily interrupted and completed at the earliest opportunity.

    (3) Where a record is maintained in an aircraft station, either in a radiotelephone log or elsewhere, concerning distress communications, harmful interference or interruption to communications, such a record shall be associated with information concerning the time, position and altitude of the aircraft.

    (4) An operator on duty or shall make entries in written logs except that other person having knowledge of facts pertinent to the entries may certify in the log the accuracy of entries of the operators.

    (5) An operator on duty or any other person having knowledge of facts pertinent to the entries shall not make superfluous marks or notations in the log and all entries shall be complete, clear, correct and intelligible.

    (6) In written logs, any necessary correction in the log shall be—

    (a)    made only by the person making the initial entry;

    (b)    accomplished by drawing or typing a single line through the incorrect entry, initialling same, recording the time and date of correction; and

    (c)    made on the next fine after the last entry.

    (7) An operator on duty shall retain for a period of at least 30 days telecommunication logs, written or automatic, and when such logs are pertinent to inquiries or investigations, the logs shall be retained for longer periods until it is evident that they will no longer be required.

    (8) The following information shall be entered in written logs—

    (a)    the name of the agency operating the station;

    (b)    the identification of the station;

    (c)    the date;

    (d)    the time of opening and closing the station;

    (e)    the signature of each operator, with the time the operator assumes and relinquishes a watch;

    (f)    the frequencies being guarded and type of watch being maintained on each frequency;

    (g)    the text of the communication may be omitted from the log when copies of the messages handled are available and form part of the log except at intermediate mechanical relay stations where the provisions of this paragraph need not be complied with, a record of each communication, test transmission, or attempted communication showing text of communication, time communication completed, station communicated with, and frequency used;

    (h)    all distress communications and action;

    (i)    a brief description of communication conditions and difficulties, including harmful interference;

    (j)    a brief description of interruption to communications due to equipment failure or other troubles, giving the duration of the interruption and action taken; and

    (k)    such additional information as may be considered by the operator to be of value as a part of the record of the operations of the station.

32.    Establishment of radio communication

    (1) A station shall answer calls directed to them by another station in the aeronautical telecommunication service and shall exchange communications on request.

    (2) A station shall radiate the minimum power necessary to ensure a satisfactory service.

33.    Use of abbreviations and codes

    (1) Abbreviations and codes shall be used in the international aeronautical telecommunication service whenever they are appropriate and their use will shorten or otherwise facilitate communication.

    (2) The originator of the communication shall, when required by the Aeronautical Telecommunication Station accepting the message for transmission, make available to that station a decode for the abbreviations and codes used where abbreviations and codes other than those approved by the Authority are contained in the text of messages.

34.    Cancellation of messages

    The Aeronautical Telecommunication Station shall cancel messages when the cancellation is authorised by the message originator.

PART V
Aeronautical Fixed Service (regs 35-56)

35.    Systems and applications used in aeronautical fixed service

    The aeronautical fixed service shall comprise the following systems and applications that are used for ground-ground being point to point or point to multi-to-multipoint, in the international aeronautical telecommunication service—

    (a)    air traffic services direct speech circuits and networks;

    (b)    meteorological operational circuits, networks and broadcast systems;

    (c)    the aeronautical fixed telecommunications network (AFTN);

    (d)    the common ICAO data interchange network (CIDIN);

    (e)    the air traffic services (ATS) message handling services; and

    (f)    the inter-centre communications (ICC).

36.    Material permitted in aeronautical fixed services messages

    The material permitted in aeronautical fixed services messages shall be as specified in the Schedule 1 to these Regulations.

37.    Air traffic services direct speech circuits

    The air traffic services direct speech communications shall be as specified in Part VI of the Civil Aviation (Air Traffic Services) Regulations (Cap. 71:01 (Sub. Leg.)).

38.    Meteorological operational channels and meteorological operational telecommunication networks

    Meteorological operational channel procedures and meteorological operational communication network procedures shall be compatible with aeronautical fixed telecommunications network procedures.

39.    Aeronautical fixed telecommunication network

    Subject to regulations 28 and 29, the following categories of message shall be handled by the aeronautical fixed telecommunication network—

    (a)    distress messages (priority indicator SS): shall comprise those messages sent by mobile stations reporting that they are threatened by grave and imminent danger and all other messages relative to the immediate assistance required by the mobile station in distress;

    (b)    urgency messages (priority indicator DD): shall comprise messages concerning the safety of a ship, aircraft or other vehicles or of some person on board or within sight;

    (c)    flight safety messages (priority indicator FF): shall comprise—

        (i)    movement and control messages as defined in PANS – ATM (Doc 4444), chapter 11,

        (ii)    messages originated by an aircraft operating agency of immediate concern to aircraft in flight or preparing to depart, or

        (iii)    meteorological messages restricted to SIGMET information, special air-reports, AIRMET messages, volcanic ash and tropical cyclone advisory information and amended forecasts;

    (d)    meteorological messages (priority indicator GG): shall comprise—

        (i)    messages concerning forecasts, or

        (ii)    messages concerning observations and reports;

    (e)    flight regularity messages (priority indicator GG): shall comprise—

        (i)    aircraft load messages required for weight and balance computation,

        (ii)    messages concerning changes in aircraft operating schedules,

        (iii)    messages concerning aircraft servicing,

        (iv)    messages concerning changes in collective requirements for passengers, crew and cargo covered by deviation from normal operating schedules,

        (v)    messages concerning non-routine landings,

        (vi)    messages concerning pre-flight arrangements for air navigation services and operational servicing for non-scheduled aircraft operations, such as overflight clearance requests,

        (vii)    messages originated by aircraft operating agencies reporting an aircraft arrival or departure, or

        (viii)    messages concerning parts and materials urgently required for the operation of aircraft;

    (f)    aeronautical information services messages (priority indicator GG) comprises messages concerning NOTAMs;

    (g)    aeronautical administrative messages (priority indicator KK): shall comprise—

        (i)    messages regarding the operation or maintenance of facilities provided for the safety or regularity of aircraft operations,

        (ii)    messages concerning the functioning of aeronautical telecommunication services, or

        (iii)    messages exchanged between civil aviation authorities relating to aeronautical services; and

    (h)    service messages (priority indicator as appropriate): shall comprise messages originated by aeronautical fixed stations to obtain information or verification concerning other messages which appear to have been transmitted incorrectly by the aeronautical fixed service, confirming channel-sequence numbers.

40.    Service messages

    (1) Service messages shall be prepared in the format specified in regulation 56.

    (2) In applying the provisions of Schedule 1 to these Regulations to service messages addressed to an aeronautical fixed station identified only by a location indicator, the indicator shall be immediately followed by the ICAO three-letter designator YFY, followed by an appropriate 8th letter.

    (3) A service message shall be assigned the appropriate priority indicator.

    (4) Where a service message refer to a message previously transmitted, the priority indicator assigned shall be that used for the message to which they refer.

    (5) A service message correcting an error in transmission shall be addressed to the address that shall have received the incorrect transmission.

    (6) A reply to a service message shall be addressed to the station which originated the initial service message.

    (7) The text of a service message shall be concise.

    (8) A service message, other than one acknowledging receipt of SS messages, shall be further identified by the use of the abbreviation SVC as the first item in the text.

    (9) Where a service message refers to a message previously handled, reference to the previous message shall be made by use of the appropriate transmission identification or the filing time and originator indicator groups identifying the reference message.

41.    Order of priority

    The order of priority for the transmission of messages in the aeronautical fixed telecommunication network shall be as follows—

    (a)    Transmission Priority 1 shall comprise of message with priority indicator SS;

    (b)    Transmission Priority 2 shall comprise of message with priority indicator DD and FF; and

    (c)    Transmission Priority 3 shall comprise of message with priority indicator GG and KK.

42.    Same priority messages

    Messages having the same priority indicator shall be transmitted in the order in which they are received for transmission.

43.    Routing of messages and supervision of message traffic

    Where an aeronautical fixed telecommunication networks is used, the routing of messages and supervision of message traffic shall be as specified in the Schedule 2 to these Regulations.

44.    Failure of communications

    Where an aeronautical fixed telecommunication networks is used and there exists a communication failure, the requirements contained in Schedule 2 to these Regulations shall be used.

45.    Long term retention of aeronautical fixed telecommunication networks traffic records

    (1) An aeronautical fixed telecommunication network origin station shall retain for a period of at least 30 days all copies of transmitted messages in their entirety.

    (2) An aeronautical fixed telecommunication networks destination stations shall retain, for a period of at least 30 days, a record containing the information necessary to identify all messages received and the action taken thereon.

    (3) An aeronautical fixed telecommunication networks communication centres shall retain, for a period of at least 30 days, a record containing the information necessary to identify all messages relayed or retransmitted and the action taken.

46.    Short term retention of aeronautical fixed telecommunication networks traffic records

    (1) An aeronautical fixed telecommunication networks communication centres shall retain, for a period of at least one hour, a copy of all messages, in their entirety, retransmitted or relayed by that communication centre, except as provided in subregulation (2).

    (2) Where acknowledgement is made between aeronautical fixed telecommunication network communication centres, a relay centre shall be considered as having no further responsibility for retransmission or repetition of a message for which it has received positive acknowledgement, and it may be deleted from its records.

47.    Test procedures on aeronautical fixed telecommunication networks channels

    A test message transmitted an aeronautical fixed telecommunication network channel for the purpose of testing and repairing lines shall comprise of the following—

    (a)    the start-of-message signal;

    (b)    the procedure signal QJH;

    (c)    the originator indicator;

    (d)    three page-copy lines of the sequence of characters U (5/5) *(2/10) in International Alphabet-5; and

    (e)    the end-of-message signal.

48.    Characters of aeronautical fixed telecommunication networks messages

    An aeronautical fixed telecommunication network message entered by the aeronautical fixed telecommunication network origin station shall not exceed 2100 characters in length.

49.    Stripped address

    An aeronautical fixed telecommunication network communication centre shall omit from the address all the addressee indicators not required for—

    (a)    an onward transmission by the aeronautical fixed telecommunication networks communication centre to which the message is transmitted;

    (b)    local delivery to the addressee by the aeronautical fixed telecommunication networks destination station; or

    (c)    an onward transmission or local delivery by the aggregate of stations on a multi-point circuit.

50.    Correction of errors during message origination

    (1) Messages flowing into the aeronautical fixed telecommunication networks during preparation shall not be terminated with an end-of-message signal if they contain known uncorrected errors.

    (2) The unfinished message shall be cancelled by sending the sequence followed by a complete ending where an error is made in any part of the message which precedes the text.

    (3) Errors made in the text and noticed immediately shall be corrected by making the error sign () transmitting the last correct word or group and then continuing with the message.

    (4) The station shall comply with the provisions contained in Schedule 2 where errors are made in the text and not noticed until later in the origination process.

    (5) The station shall take the action described in subregulation (2) where it becomes obvious, during the origination of the text, that the message is to be cancelled.

51.    Predetermined distribution system for aeronautical fixed telecommunication networks messages

    (1) The predetermined distribution addressee Indicator shall be constructed as follows—

    (a)    the first and second letters: The first two letters of the location indicator of the communications centre of the State which has agreed to implement the system and which receives messages over a circuit for which it has a predetermined routing responsibility;

    (b)    the third and fourth letters: The letters ZZ, indicating a requirement for special distribution;

    (c)    the fifth, sixth and seventh letters—

        (i)    the fifth, sixth and seventh letters taken from the series A to Z and denoting the national or international distribution list to be used by the receiving aeronautical fixed telecommunication networks centre;

        (ii)    "N" and "S", as the fifth letter, are reserved for NOTAM and SNOWTAM respectively; and

    (d)    the eighth letter: Either the filler letter "X" or a letter taken from the series A to Z to further define the national and international distribution list to be used by the receiving AFTN centre.

    (2) The system described in subregulation (1) shall be used when it has been agreed between the administrations concerned to make use of a predetermined distribution system for aeronautical fixed telecommunication networks messages.

    (3) A predetermined distribution addressee Indicator shall be used whenever possible on aeronautical fixed telecommunication networks messages between States which have agreed to make use of the predetermined distribution system.

    (4) An aeronautical fixed telecommunication network message carrying a predetermined distribution addressee Indicator allocated by the State receiving the message shall be routed to the address listed on the associated list of addressee Indicators described in subregulation (5).

    (5) A State shall send its list of selected predetermined distribution addressee Indicators together with the associated lists of addressee indicators to—

    (a)    the States from which they receive aeronautical fixed telecommunication networks messages for predetermined distribution, to assure correct routing; and

    (b)    the States which originate aeronautical fixed telecommunication networks messages for predetermined distribution to facilitate the treatment of requests for retransmission and to assist originators in using the Predetermined Distribution Addressee Indicators correctly.

    (6) The list of addressee indicators associated with a predetermined distribution addressee indicator shall include—

    (a)    addressee indicators for national distribution;

    (b)    addressee indicators for international distribution;

    (c)    predetermined distribution addressee indicators for international distribution; or

    (d)    any combination of paragraphs (a), (b) and (c).

52.    Message format – international alphabet No. 5 (IA-5)

    All messages of International Alphabet No. 5 (IA-5) shall comply with the format specified in Schedule 3 to these Regulations.

53.    Action taken on mutilated messages in international telegraph alphabet No. 5 detected in computerised AFTN relay stations

    The action taken on mutilated messages in international telegraph alphabet No. 5 detected in computerised aeronautical fixed telecommunication network relay stations shall be as specified in Schedule 3 to these Regulations.

54.    Transfer of aeronautical fixed telecommunication networks messages over code and byte independent circuits and networks

    Where aeronautical fixed telecommunication network messages are transferred across code and byte independent circuits and networks of the aeronautical fixed service, the following shall apply—

    (a)    the message shall start with an alignment function followed by the address except as provided in paragraph (c) the heading line of the message shall be omitted;

    (b)    the message shall end with a complete ending;

    (c)    an entry centre shall be permitted to insert additional data preceding the first alignment function and following the ending of the message for the purposes of technical supervision; and

    (d)    When the provisions of paragraph (c) are applied, the data added shall not include either carriage return or line feed characters or any of the combinations listed in Schedule 3 to these Regulations.

55.    Air traffic services message handling services (ATS-MHS)

    The air traffic services message handling service application shall be used to exchange air traffic services messages between users over the aeronautical telecommunication network internet in accordance with Schedule 4 to these Regulations.

56.    Inter-centre communications

    The inter-centre communications applications set shall be used to exchange air traffic services messages between air traffic service users over the aeronautical telecommunication network internet.

PART VI
Aeronautical Mobile ServiceVoice Communications (regs 57-71)

57.    General procedures for aeronautical mobile service-voice communications

    (1) In all aeronautical mobile service voice communications, the highest standard of discipline shall be observed at all times.

    (2) ICAO standardised phraseology shall be used in all situations for which it has been specified and when standardised phraseology cannot serve an intended transmission, plain language shall be used.

    (3) The transmission of messages, other than those specified in regulation 58 on aeronautical mobile frequencies where the aeronautical fixed services are able to serve the intended purpose, shall be avoided.

    (4) In all communications, the consequences of human performance which affect the accurate reception and comprehension of messages shall be taken into consideration.

    (5) Where it is necessary for an aircraft station to send signals for testing or adjustment which are liable to interfere with the working of a neighbouring aeronautical station, the consent of the station shall be obtained before such signals are sent and such transmissions shall be kept to a minimum.

    (6) Where it is necessary for a station in the aeronautical mobile service to make test signals, either for the adjustment of a transmitter before making a call or for the adjustment of a receiver, such signals shall not continue for more than 10 seconds and shall be composed of spoken numerals in radiotelephony, followed by the radio call sign of the station transmitting the test signals and such transmissions shall be kept to a minimum.

    (7) The station which has traffic to transmit shall be responsible for establishing communication except as otherwise provided.

    (8) After a call has been made to the aeronautical station, a period of at least 10 seconds shall elapse before a second call is made.

    (9) Where an aeronautical station is called simultaneously by several aircraft stations, the aeronautical station shall decide the order in which aircraft shall communicate.

    (10) In communications between aircraft stations, the duration of communication shall be controlled by the aircraft station which is receiving, subject to the intervention of an aeronautical station.

    (11) Where the communications in subregulation (10) take place on an air traffic service frequency, prior permission of the aeronautical station shall be obtained and such requests for permission are not required for brief exchanges.

58.    Categories of messages

    The categories of messages handled by the aeronautical mobile service and the order of priority in the establishment of communications and the transmission of messages shall be in accordance with Schedule 5 to these Regulations.

59.    Distress messages and distress traffic

    Distress messages and distress traffic shall be handled in accordance with the provisions of regulation 70.

60.    Urgency messages and urgency traffic

    Urgency messages and urgency traffic, including messages preceded by the medical transports signal, shall be handled in accordance with the provisions of regulation 70.

61.    Communications relating to direction finding

    Communications relating to direction finding shall be handled in accordance with Part VII of these Regulations.

62.    Composition of flight safety messages

    Flight safety messages shall comprise the following—

    (a)    movement and control messages;

    (b)    messages originated by an aircraft operating agency or by an aircraft, of immediate concern to an aircraft in flight;

    (c)    meteorological advice of immediate concern to an aircraft in flight or about to depart; or

    (d)    other messages concerning aircraft in-flight or about to depart.

63.    Composition of meteorological messages

    Meteorological messages shall comprise meteorological information to or from aircraft, other than those specified in regulation 62.

64.    Composition of flight regularity messages

    Flight regularity messages shall comprise the following—

    (a)    messages regarding the operation or maintenance of facilities essential for the safety or regularity of aircraft operation;

    (b)    messages concerning the servicing of aircraft;

    (c)    instructions to aircraft operating agency representatives concerning changes in requirements for passengers and crew caused by unavoidable deviations from normal operating schedules;

    (d)    messages concerning non-routine landings to be made by the aircraft;

    (e)    messages concerning aircraft parts and materials urgently required; or

    (f)    messages concerning changes in aircraft operating schedules.

65.    Handling of flight regularity messages

    An air traffic service unit using direct pilot controller communication channels shall only be required to handle flight regularity messages provided this can be achieved without interference with its primary role and no other channels are available for the handling of such messages.

66.    Handling of same priority messages

    Messages having the same priority shall be transmitted in the order in which they are received for transmission.

67.    Composition of inter-pilot air-to-air communication

    (1) Inter-pilot air-to-air communication shall comprise messages related to any matter affecting safety and regularity of flight.

    (2) The category and priority of these messages shall be determined on the basis of their content in accordance with regulation 58.

68.    Cancellation of messages

    (1) The station transmitting the message shall instruct the receiving station to disregard the incomplete transmission where a message has not been completely transmitted when instructions to cancel are received, and this shall be effected in radiotelephony by use of an appropriate phrase.

    (2) The station may cancel a transmission where—

    (a)    a completed message transmission is being held pending correction and the receiving station is to be informed to take no forwarding action; or

    (b)    where delivery or onward relay cannot be accomplished, transmission shall be cancelled and this shall be effected in radiotelephony by the use of an appropriate phrase.

    (3) The station cancelling a transmission shall be responsible for any further action required.

69.    Radiotelephony procedures

    The radiotelephony procedures for Aeronautical Mobile Service-voice communication shall be as specified in Schedule 5 to these Regulations.

70.    Distress and urgency radiotelephony communication procedures

    Distress and urgency radiotelephony communication procedures for aeronautical mobile service – voice communication shall be as specified in Schedule 5 to these Regulations.

71.    Communications related to acts of unlawful interference

    A station addressed by an aircraft being subjected to an act of unlawful interference or the first station acknowledging a call from such an aircraft, shall render all possible assistance, including notification of appropriate air traffic service units and any other station, agency or person in a position to facilitate the flight.

PART VII
Aeronautical Radio Navigation Service (regs 72-73)

72.    General

    (1) An aeronautical radio navigation service shall comprise all types and systems of radio navigation aids in the international aeronautical service.

    (2) An aeronautical radio navigation aid which is not in continuous operation shall, where practicable, be put into operation on receipt of a request from an aircraft, any controlling authority on the ground or an authorised representative of an aircraft operating agency.

    (3) The request in subregulation (2) shall be made to the aeronautical station concerned on the air-ground frequency normally in use.

    (4) The local Aeronautical Information Service unit shall be furnished without delay, essential information about changes in the operational status of non-visual aids as required for pre-flight briefing and dissemination in accordance with the Civil Aviation (Aeronautical Information Service) Regulations (Cap. 71:01 (Sub. Leg.)).

73.    Direction-finding

    (1) A direction-finding station working alone shall give the following, as requested—

    (a)    true bearing of the aircraft, using the appropriate phrase;

    (b)    true heading to be steered by the aircraft, with no wind, to head for the direction-finding station using the appropriate phrase;

    (c)    magnetic bearing of the aircraft, using the appropriate phrase; and

    (d)    magnetic heading to be steered by the aircraft with no wind to make for the station, using the appropriate phrase.

    (2) Where direction-finding stations work as a network to determine the position of an aircraft, the bearings taken by each station shall be sent immediately to the station controlling the direction-finding network to enable the position of the aircraft to be determined.

    (3) The station controlling the network specified in subregulation (2) shall, on request, give the aircraft its position in—

    (a)    relation to a point of reference or in latitude and longitude, using the appropriate phrase;

    (b)    the true bearing of the aircraft in relation to the direction-finding station or other specified point, using the appropriate phrase and its distance from the direction-finding station or point, using the appropriate phrase; or

    (c)    the magnetic heading to steer with no wind, to make for the direction-finding station or other specified point and its distance from the direction-finding station or point, using the appropriate phrases.

    (4) An Aircraft Stations shall make a request for bearings, courses or positions, to the aeronautical station responsible or to the station controlling the direction-finding network.

    (5) The Aircraft Station specified in subregulation (4) shall call the aeronautical station or the direction-finding control station on the listening frequency and specify the type of service that is desired using the appropriate phrase.

    (6) The direction-finding station originally called by the aircraft station shall where necessary—

    (a)    request transmission for direction-finding service; and

    (b)    indicate the frequency to be used by the aircraft station, the number of times the transmission shall be repeated, the duration of the transmission required or any special transmission requirement, as soon as the direction-finding station or group of stations are ready.

    (7) An aircraft station which requests a bearing shall end the transmission by repeating its call sign in radiotelephony.

    (8) The aircraft shall give a longer transmission for two periods of approximately ten seconds, or alternatively provide such other signals as may be requested by the direction-finding station where the transmission specified in subregulation (7) is too short for the direction-finding station to obtain a bearing.

    (9) The direction-finding station shall request the aircraft station to repeat a transmission if not satisfied with its observation.

    (10) The direction-finding station shall advise the aircraft station when a heading or bearing has been requested in the following form—

    (a)    the appropriate phrase;

    (b)    bearing or heading in degrees in relation to the Direction-Finding station, sent as three figures;

    (c)    class of bearing; and

    (d)    time of observation, where necessary.

    (11) The direction-finding control station, after plotting all simultaneous observations, shall determine the observed position of the aircraft and shall advise the aircraft station in the following form when a position has been requested—

    (a)    the appropriate phrase;

    (b)    the position;

    (c)    class of position; and

    (d)    time of observation.

    (12) The aircraft station shall repeat back the message for confirmation or correction as soon as the aircraft station has received the bearing, heading or position.

    (13) Where positions are given by bearing or heading and distance from a known point other than the station making the report, the reference point shall be an aerodrome, prominent town or geographic feature.

    (14) Subject to subregulation (13), an aerodrome shall be given in preference to other places.

    (15) Where a large city or town is used as a reference place as specified in subregulation (13), the bearing or heading, and the distance given shall be measured from its centre.

    (16) Where the position is expressed in latitude and longitude, groups of figures for degrees and minutes shall—

    (a)    be used followed by the letter N or S for latitude and the letter E or W for longitude, respectively; or

    (b)    use the words NORTH, SOUTH, EAST or WEST in radiotelephony.

    (17) The direction-finding station estimates of the accuracy of observations, bearings and positions shall be classified as follows—

        Bearings;

        Class A — accurate within plus or minus 2 degrees;

        Class B — accurate within plus or minus 5 degrees;

        Class C — accurate within plus or minus 10 degrees; and

        Class D — accuracy less than Class C.

        Positions:

        Class A — accurate within 9.3 km (5 NM);

        Class B — accurate within 37 km (20 NM);

        Class C — accurate within 92 km (50 NM); and

        Class D – accuracy less than Class C.

    (18) A direction-finding station shall have authority to refuse to give bearings, heading or positions where conditions are unsatisfactory or when bearings do not fall within the calibrated limits of the station, stating the reason at the time of refusal.

PART VIII
Aeronautical Broadcasting Service (regs 74-77)

74.    Broadcast material

    The originator shall prepare a text of broadcast material in the form desired for transmission.

75.    Frequencies and schedules

    (1) The broadcast station shall make broadcasts on specified frequencies at specified times and the schedules and frequencies of all broadcasts shall be publicised in appropriate documents.

    (2) Where the broadcast station makes a change in frequencies or times, the change shall—

    (a)    be publicised by NOTAM at least two weeks in advance of the change; and

    (b)    be announced on all regular broadcasts for 48 hours preceding the change and be transmitted once at the beginning and once at the end of each broadcast where practicable.

    (3) Scheduled broadcasts other than sequential collective type broadcasts, shall be started at the scheduled time by the general call.

    (4) A short notice shall be transmitted at the scheduled time advising recipients to "stand by" and stating the approximate number of minutes of delay where a broadcast is to be delayed.

    (5) The broadcast shall not be started until the end of the standby period as defined in subregulation (4).

    (6) Transmission shall be terminated by each station at the end of the allotted time period whether or not transmission of all material has been completed where broadcasts are conducted on a time allotment basis.

    (7) In a sequential collective type broadcast, each station shall be ready to commence its broadcasts at the designated time and if for any reason a station does not commence its broadcast at the designated time, the station immediately following in sequence shall wait and then commence its broadcast at its own designated time.

76.    Interruption of service

    (1) A broadcast shall be made by another station, where possible, in the event of interruption of service at the station responsible for broadcast, until normal service is resumed.

    (2) Where the broadcast in subregulation (1) is not possible, and the broadcast is of the type intended for interception by fixed stations, the stations which are required to copy the broadcasts shall continue to listen on the specified frequencies until normal service is resumed.

77.    Radiotelephone broadcast procedures

    (1) Transmissions by radiotelephone shall be as natural, short and concise as practicable consistent with clarity.

    (2) The rate of speech on radiotelephone broadcasts shall not exceed 100 words per minute.

    (3) The preamble of each radiotelephone broadcast shall consist of the general call, station name, and optionally the time of broadcast.

PART IX
Aeronautical Mobile ServiceData Link Communication (regs 78-80)

78.    Composition of data link messages

    The composition of data link messages for aeronautical mobile service – data link communication shall be as specified in the Schedule 6 to these Regulations.

79.    Display of data link messages

    (1) The ground and airborne systems shall allow for messages to be appropriately displayed, printed when required and stored in a manner that permits timely and convenient retrieval.

    (2) The English language shall be displayed as a minimum whenever textual presentation is required.

80.    Controller-pilot data link communication procedures

    The controller-pilot data link communication procedures in aeronautical mobile service – data link communication shall be as specified in Schedule 6 to these Regulations.

PART X
Exemptions (regs 81-82)

81.    Granting of exemptions

    A request for an exemption must be in writing and specify the time when the aviation service provider is expected by the Authority to fully comply.

82.    Review and publication

    (1) The Authority shall review and publish all granted exemptions as a means of notification of such exemptions.

    (2) The Authority shall determine the publication referred to in subregulation (1) provided that the public can freely access such publication.

PART XI
General Provisions (reg 83)

83.    Drug and alcohol testing

    (1) A person who performs any function under by these Regulations either directly or by contract may be tested for drug or alcohol usage.

    (2) A person who—

    (a)    refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or

    (b)    refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

        (i)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal, or

        (ii)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (3) A person who is convicted for a violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

    (a)    be denied any license, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

    (b)    have his or her licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

PART XII
Offences and Penalties (regs 84-86)

84.    Contravention of Regulations

    A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

85.    Penalties

    (1) A person who contravenes any provision of these Regulations shall be liable to a fine not exceeding P 100 000 or to imprisonment for a term not exceeding six months, or to both.

    (2) Where it is proved that an act or omission by any person, which would otherwise have been a contravention by that person of a provision of these Regulations or notices made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

86.    Appeal

    A person aggrieved by the decision of the Authority under these Regulations may, within 14 days of such decision, appeal to the Tribunal.

PART XII
Savings and Transitional (reg 87)

87.    Savings and transitional provisions

    (1) All CNS facilities and equipment installed and operated before the coming into force of these Regulations shall continue to be operated, as if they were crafted under these Regulations.

    (2) The Authority may require all facilities and equipment installed and operated before the coming into force of these regulations be subjected to an assessment to determine the extent to which they comply with the provisions of these Regulations.

SCHEDULE 1
Materials Permitted in AFS Messages

(regs 29, 36 and 40)

1.1    

Material Permitted in AFS Messages

 

Note: The provisions contained in this Schedule do not apply to ATS voice communications.

1.1.1

The following characters are allowed in text messages—

 

Letters: ABCDEFGHIJKLMNOPQRSTUVWXYZ

 

Figures: 1 2 3 4 5 6 7 8 9 0

 

Other signs:     - (hyphen)

 

?    (question mark)

 

:     (colon)

 

(    (open bracket)

 

)    (close bracket)

 

.    (full stop, period, or decimal point)

 

,    (comma)

 

’    (apostrophe)

 

=    (double hyphen or equal sign)

 

/    (oblique)

 

+    (plus sign)

 

Characters other than those listed above shall not be used in messages unless absolutely necessary for understanding of the text. When used, they shall be spelled out in full.

1.1.2

For the exchange of messages over the teletypewriter circuits, the following characters of International Alphabet No. 5 (IA-5) shall be permitted—

 

— characters 0/1 to 0/3, 0/7 — in the priority alarm, 0/10, 0/11 — in the ending sequence, 0/13;

 

— characters 2/0, 2/7 to 2/9, 2/11 to 2/15;

 

— characters 3/0 to 3/10, 3/13, 3/15;

 

— characters 4/1 to 4/15;

 

— characters 5/0 to 5/10; and

 

— character 7/15.

1.1.3

The exchange of messages using the full IA-5 shall be subject to agreement between the Administrations concerned.

 

Roman numerals shall not be employed. If the originator of a message wishes the addressee to be informed that roman figures are intended, the Arabic figure or figures shall be written and preceded by the word ROMAN.

1.1.4

Messages using IA-5 shall not contain—

 

(1) character 0/1 (SOH) other than the one in the heading;

 

(2) character 0/2 (STX) other than the one in the origin line;

 

(3) character 0/3 (ETX) other than the one in the ending;

 

(4) any uninterrupted sequence of characters 5/10, 4/3, 5/10, 4/3 in this order (ZCZC);

 

(5) any uninterrupted sequence of characters 2/11, 3/10, 2/11, 3/10 in this order (+: +:);

 

(6) any uninterrupted sequence of four times character 4/14 (NNNN); and

 

(7) any uninterrupted sequence of four times character 2/12 (,,,,).

1.1.5

The text of messages shall be drafted in plain language or in abbreviations and codes. The originator shall avoid the use of plain language when reduction in the length of the text by appropriate abbreviations and codes is practicable. Words and phrases which are not essential, such as expressions of politeness, shall not be used.

1.1.6

If the originator of a message wishes alignment functions [<<=] to be transmitted at specific places in the text part of such message, the sequence [<<=] shall be written on each of those places.

 

SCHEDULE 2
Routing of Messages

(regs 43, 44 and 50)

1.1

Routing of messages

1.1.1

All communications shall be routed by the most expeditious route available to effect delivery to the addressee.

1.1.2

Predetermined diversion routing arrangements shall be made, when necessary, to expedite the movement of communication traffic. Each communication centre shall have the appropriate diversion routing lists, agreed to by the administration(s) operating the communication centres affected and shall use them when necessary.

1.1.2.1

Diversion routing shall be initiated—

 

(1) in a fully automatic communication centre—

 

    (a)    immediately after detection of the circuit outage, when the traffic is to be diverted via a fully automatic communication centre;

 

    (b)    within a 10-minute period after detection of the circuit outage, when the traffic is to be diverted via anon-fully automatic communication centre;

 

    (2) in a non-fully automatic communication centre within a 10-minute period after detection of the circuit outage.

 

Service message notification of the diversion requirement shall be provided where no bilateral or multilateral prearranged agreements exist.

1.1.3

As soon as it is apparent that it will be impossible to dispose of traffic over the aeronautical fixed service within a reasonable period, and when the traffic is held at the station where it was filed, the originator shall be consulted regarding further action to be taken, unless—

 

    (a)    otherwise agreed between the station concerned and the originator; or

 

    (b)    arrangements exist whereby delayed traffic is automatically diverted to commercial telecommunication services without reference to the originator.

Note: The expression "reasonable period" means a period of time such that it seems probable that the traffic will not be delivered to the addressee within any fixed transit period applicable to the category of traffic concerned, or, alternatively, any predetermined period agreed between originators and the telecommunication station concerned.

1.2

Supervision of message traffic

1.2.1

Continuity of message traffic. The receiving station shall check the transmission identification of incoming transmissions to ensure the correct sequence of channel sequence numbers of all messages received over that channel.

1.2.1.1

When the receiving station detects that one or more channel-sequence numbers are missing, it shall send a complete service message to the previous station rejecting receipt of any message that may have been transmitted with such missing number(s). The text of this service message shall comprise the signal QTA, the procedure signal MIS followed by one or more missing transmission.

Note: The following examples illustrate application of the above-mentioned procedure. In example

    2) the hyphen (-) separator is understood to mean "through" in plain language.

    (a)    when one channel-sequence number is missing—

 

    (b)    when several channel-sequence numbers are missing—

 

1.2.1.1.1

When the provisions of 1.2.1.1 are applied, the station notified of the missing message(s) condition by the service message shall reassume its responsibility for transmission of the message (or messages) that it had previously transmitted with the transmission identification concerned, and shall retransmit that message (or those messages) with a new (correct in sequence) transmission identification. The receiving station shall synchronise such that the next expected channel-sequence number is the last received channel-sequence number plus one.

1.2.1.2

When the receiving station detects that a message has a channel sequence number less than that expected, it shall advise the previous station using a service message with a text comprising—

    (1) the abbreviation SVC;

    (2) the procedure signal LR followed by the transmission identification of the received message;

    (3) the procedure signal EXP followed by the transmission identification expected;

    (4) the end-of-text signal.

Note: The following example illustrates application of the above-mentioned procedure—

 

1.2.1.2.1

When the provisions of 1.2.1.2 are applied, the station receiving the out-of sequence message shall synchronise such that the next expected channel-sequence number is the last received channel-sequence number plus one. The previous station shall check its outgoing channel-sequence numbers and, if necessary, correct the sequence.

1.2.2

Misrouted messages

Note: A message is considered to have been misrouted when it contains no relaying instructions, expressed or implied, on which the receiving station can take action.

1.2.2.1

When the receiving station detects that a message has been misrouted to it, it shall either—

    1) send a service message to the previous station rejecting receipt of the misrouted message; or

    2) itself assume responsibility for transmission of the message to all addressee indicators.

Note: The procedure of 2) may be preferred at stations using fully automatic relay methods or a semi-automatic relay technique without continuous tape.

1.2.2.2

When the provisions of 1.2.2.1 are applied, the text of the service message shall comprise the abbreviation SVC, the signal QTA, the procedure signal MSR followed by the transmission identification and of the misrouted message and the end-of-text signal.

Note: The following example illustrates application of the above-mentioned procedure—

 

1.2.2.3

When, as a result of the provisions of 1.2.2.2, a sending station is notified of the misrouted message condition by service message, it shall reassume its responsibility for the message and shall retransmit as necessary on the correct outgoing channel or channels.

1.2.3

When a circuit becomes interrupted and alternative facilities exist, the last channel-sequence numbers sent and received shall be exchanged between the stations concerned. Such exchanges shall take the form of complete service messages with the text comprising the abbreviation SVC, the procedure signals LR and LS followed by the transmission identifications of the relevant messages and the end-of-text signal.

Note: The following example illustrates application of the above-mentioned procedure—

 

1.3

Failure of communications

1.3.1

Should communication on any fixed service circuit fail, the station concerned shall attempt to re-establish contact as soon as possible.

1.3.2

If contact cannot be re-established within a reasonable period on the normal fixed service circuit, an appropriate alternative circuit shall be used. Attempts shall be made to establish communication on any authorised fixed service circuit available.

1.3.2.1

If these attempts fail, use of any available air-ground frequency shall be permitted only as an exceptional and temporary measure when no interference to aircraft in flight is ensured.

1.3.2.2

Where a radio circuit fails due to signal fadeout or adverse propagation conditions, a receiving watch shall be maintained on the regular fixed service frequency normally in use. In order to re-establish contact on this frequency as soon as possible there shall be transmitted—

 

    (a)    the procedure signal DE;

 

    (b)    the identification of the transmitting station transmitted three times;

 

    (c)    the alignment function ;

 

    (d)    the letters RY repeated without separation for three lines of page copy;

 

    (e)    the alignment function ;

 

    (f)    end-of-message signal (NNNN). The foregoing sequence shall be repeated as required.

1.3.2.3

A station experiencing a circuit or equipment failure shall promptly notify other stations with which it is in direct communication if the failure will affect traffic routing by those stations. Restoration to normal shall also be notified to the same stations.

1.3.3

Where diverted traffic will not be accepted automatically or where a predetermined diversion routing has not been agreed, a temporary diversion routing shall be established by the exchange of service messages. The text of such service messages shall comprise—

 

    1) the abbreviation SVC;

 

    2) the procedure signal QSP;

 

    3) if required, the procedure signal RQ, NO or CNL to request, refuse or cancel a diversion;

 

    4) identification of the routing areas, States, territories, locations, or stations for which the diversion applies;

 

    5) the end-of-text signal.

 

Note: The following examples illustrate application of the above-mentioned procedures—

 

    a)    to request a diversion:

 

    

 

    b) to accept a diversion:

 

    

 

    c)    to refuse a diversion:

 

    

 

    d)    to cancel a diversion:

 

    

 

SCHEDULE 3
Message Format – International Alphabet No. 5 (IA-5)

(regs 28, 52, 53 and 54)

1.0

Message format – international alphabet No. 5 (IA-5)

1.1

When it has been agreed between the administrations concerned to use International Alphabet No. 5 (IA-5) the format described in 1.1 through 1.3 shall be used. All messages, other than those prescribed in regulation 47 and 1.1.5 shall comprise the components specified in 1.1.1 to 1.1.6 inclusive.

Note 1: An illustration of the IA-5 message format is given in Figure 1-1.

Note 2: In the subsequent standards relative to message format the following symbols have been used in making reference to the functions assigned to certain signals in IA-5. Symbol signification—

<< CARRIAGE RETURN (character position 0/13)

LINE FEED (character position 0/10)

SPACE (character position 2/0).

1.1.1

Heading

1.1.1.1

The heading shall comprise—

 

    (a)    start-of-heading (SOH) character 0/1;

 

    (b)    transmission identification comprising—

 

        1)    circuit or link identification;

 

        2)    channel-sequence number;

 

    (c)    additional service information (if necessary) comprising—

 

        1)    one SPACE;

 

        2)    no more than 10 characters.

1.1.1.1.1

On point-to-point circuits or links, the identification shall consist of three letters selected and assigned by the transmitting station; the first letter identifying the transmitting, the second letter the receiving end of the circuit, and the third letter the channel. Where only one channel exists, the letter A shall be assigned. Where more than one channel between stations is provided, the channels shall be identified as A, B, C, etc., in respective order. On multipoint channels, the identification shall consist of three letters selected and assigned by the circuit control or master station.

1.1.1.1.2

Except as provided in 1.1.1.3 three-digit channel-sequence numbers from 001 to 000 (representing 1000) shall be assigned sequentially by telecommunication stations to all messages transmitted directly from one station to another. A separate series of these numbers shall be assigned for each channel and a new series shall be started daily at 0000 hours.

1.1.1.1.3

The expansion of the channel-sequence number to preclude duplication of the same numbers during the 24-hour period shall be permitted subject to agreement between the Authorities responsible for the operation of the circuit.

1.1.1.1.4

The transmission identification shall be sent over the circuit in the following sequence—

 

    a)    transmitting-terminal letter;

 

    b)    receiving-terminal letter;

 

    c)    channel-identification letter;

 

    d)    channel-sequence number.

1.1.1.1.5

Additional service information shall be permitted to be inserted following the transmission identification subject to agreement between the Authorities responsible for the operation of the circuit. Such additional service information shall be preceded by a SPACE () followed by not more than 10 characters inserted into the heading of message immediately following the last digit of the channel-sequence number and shall not contain any alignment functions. When no such additional service information is added the information in 1.11.1.4 shall be followed immediately by that of 1.1.2.

1.1.2

Address

1.1.2.1

The address shall comprise—

 

    a)    alignment function ;

 

    b)    priority indicator;

 

    c)    addressee indicator(s);

 

    d)    alignment function .

1.1.2.1.1

The priority indicator shall consist of the appropriate two-letter group assigned by the originator in accordance with the following—

 

Message part

Component of the message part

Elements of the component

Teletypewriter character

H

HEADING LINE

Start-of- Heading Character

One character (0/1)

SOH

Transmission Identification

a)    Transmitting-terminal letter

-

E

b)    Receiving-terminal letter

c)    Channel-identification letter

A

d)    Channel-sequence number

If necessary, additional service indication

a)    One SPACE

 

D

b)    No more than the remainder of the line

I

ADDRESS

Alignment function

One CARRIAGE RETURN, one LINE FEED

<

N

Priority Indicator

The relevant 2-letter group

-

G

Addressee Indicator(s)

One SPACE and an 8-letter group
Example:
EGLLZRZX
EGLLYKYX EGLLACAD

 

Alignment Function(s)

One CARRIAGE RETURN, one LINE FEED

<

ORIGIN

Filing time

6 digit date-time group specifying when the message was filed for transmission

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

Originator indicator

a)    One SPACE

...........

b)    8-letter group identifying the message originator

Priority Alarm(used only in teletypewriter operation for distress messages)

Five characters (0/1)(BEL)

 

Optional Heading Information

a)    One SPACE

 

b)    Additional data not to exceed the remainder of the line

Alignment function

One CARRIAGE RETURN, one LINE FEED

<

Start of text character

One character (0/2)

STX

TEXT

Beginning of Text

Specific identification of Addressees (if necessary) with each followed by on CARRIAGE RETURN, one LINE FEED (if necessary) The English word FROM (if necessary)

 

Specific identification of Originator (if necessary)

The English word STOP followed by one CARRIAGE RETURN, one LINE FEED (if necessary) and/or Originator’s reference (if used)

Message Text

Message Text with one CARRIAGE RETURN, one LINE FEED at the end of each printed line of the Text except for the last one

 

Confirmation (if necessary)

a)    One CARRIAGE RETURN, one LINE FEED

 

b)    The abbreviation CFM followed by the portion of the TEXT being confirmed.

Correction (if necessary)

a)    One CARRIAGE RETURN, one LINE FEED

 

b)    The abbreviation COR followed by the correction of an error made in the preceding TEXT

ENDING

Alignment function

One CARRIAGE RETURN, one LINE FEED

<

Page-feed Sequence

One character (0/11)

VT

End-of Text Character

One character (0/3)

ETX

Figure 1-1. Message format International Alphabet No. 5 (IA-5)

Priority indicator

Message category

SS

distress messages

DD

urgency messages

FF

flight safety messages

GG

meteorological messages

GG

flight regularity messages

GG

aeronautical information services messages

KK

aeronautical administrative messages as appropriate service messages

1.1.2.1.2

The order of priority shall be the same as specified in regulation 41.

1.1.2.1.3

An addressee indicator, which shall be immediately preceded by a SPACE, except when it is the first address indicator of the second or third line of addresses, shall comprise—

 

    a)    the four-letter location indicator of the place of destination;

 

    b)    the three-letter designator identifying the organisation/function (aeronautical authority, service or aircraft operating agency) addressed;

 

    c)    an additional letter, which shall represent a department, division or process within the organisation/function addressed. The letter X shall be used to complete the address when explicit identification is not required.

1.1.2.1.3.1

Where a message is to be addressed to an organisation that has not been allocated an ICAO three-letter designator of the type prescribed in 1.1.2.1.3 the location indicator of the place of destination shall be followed by the ICAO three-letter designator YYY (or the ICAO three-letter designator YXY in the case of a military service or organisation). The name of the addressee organisation shall then be included in the first item in the text of the message. The eighth position letter following the ICAO three-letter designator YYY or YXY shall be the filler letter X.

1.1.2.1.3.2

Where a message is to be addressed to an aircraft in flight and, therefore, requires handling over the AFTN for part of its routing before retransmission over the Aeronautical Mobile Service, the location indicator of the aeronautical station which is to relay the message to the aircraft shall be followed by the ICAO three-letter designator ZZZ. The identification of the aircraft shall then be included in the first item of the text of the message. The eighth position letter following the ICAO three-letter designator ZZZ shall be the filler letter X.

1.1.2.1.4

The complete address shall be restricted to three lines of page-printing copy, and, except as provided in 1.2 a separate addressee indicator shall be used for each addressee whether at the same or different locations.

1.1.2.1.5

The completion of the addressee indicator group(s) in the address of a message shall be immediately followed by the alignment function.

1.1.2.1.6

Where messages are offered in page-copy form for transmission and contain more addressee indicators than can be accommodated on three lines of a page copy, such messages shall be converted, before transmission, into two or more messages, each of which shall conform with the provisions of 1.1.2.1.5. During such conversion, the addressee indicators shall, in so far as practicable, be positioned in the sequence which will ensure that the minimum number of retransmissions will be required at subsequent communication centres.

1.1.2.2

Origin

 

The origin shall comprise—

 

    a)    filing time;

 

    b)    originator indicator;

 

    c)    priority alarm (when necessary);

 

    d)    optional heading information;

 

    e)    alignment function [<<=];

 

    f)    start-of-text character, character 0/2 (STX).

1.1.2.2.1

The filing time shall comprise the 6-digit date-time group indicating the date and time of filing the message for transmission.

1.1.2.2.2

The originator indicator, which shall be immediately preceded by a SPACE, shall comprise—

 

    a)    the four-letter location indicator of the place at which the message is originated;

 

    b)    the three-letter designator identifying the organisation/function (aeronautical authority, service or aircraft operating agency) which originated the message;

 

    c)    an additional letter which shall represent a department, division or process within the organisation/function of the originator. The letter X shall be used to complete the address when explicit identification is not required.

1.1.2.2.3

Where a message is originated by an organisation that has not been allocated an ICAO three-letter designator of the type prescribed in 1.2.2.2, the location indicator of the place at which the message is originated shall be followed immediately by the ICAO three-letter designator YYY followed by the filler letter X (or the ICAO three-letter designator YXY followed by the filler letter X in the case of a military service or organisation). The name of the organisation (or military service) shall then be included in the first item in the text of the message.

1.1.2.2.3.1

Messages relayed over the AFTN that have been originated in other networks shall use a valid AFTN originator indicator that has been agreed for use by the relay or gateway function linking the AFTN with the external network.

1.1.2.2.4

Where a message originated by an aircraft in flight requires handling on the AFTN for part of its routing before delivery, the originator indicator shall comprise the location indicator of the aeronautical station responsible for transferring the message to the AFTN, followed immediately by the ICAO three-letter designator ZZZ followed by the filler letter X. The identification of the aircraft shall then be included in the first item in the text of the message.

1.1.2.2.5

The priority alarm shall be used only for distress messages. When used it shall consist of five successive BEL (0/7) characters.

Note: Use of the priority alarm will actuate a bell (attention) signal at the receiving teletypewriter station, other than at those fully automatic stations which may provide a similar alarm on receipt of priority indicator SS, thereby alerting supervisory personnel at relay centres and operators at tributary stations, so that immediate attention may be given to the message.

1.1.2.2.6

The inclusion of optional data in the origin line shall be permitted provided a total of 69 characters is not exceeded and subject to agreement between the Administrations concerned. The presence of the optional data field shall be indicated by one occurrence of the SPACE character immediately preceding optional data.

1.1.2.2.6.1

When additional addressing information in a message needs to be exchanged between source and destination addresses, it shall be conveyed in the optional data field (ODF), using the following specific format—

 

    a)    characters one and full stop (1.) to indicate the parameter code for the additional address function;

 

    b)    three modifier characters, followed by an equal sign (=) and the assigned 8-character ICAO address; and

 

    c)    the character hyphen (-) to terminate the additional address parameter field.

1.1.2.2.6.1.1

When a separate address for service messages or inquiries is different from the originator indicator, the modifier SVC shall be used.

1.1.2.2.7

The origin line shall be concluded by an alignment function [<<=] and the start-of-text (STX) (0/2) character.

1.1.3    Text

1.1.3.1

The text of messages shall be drafted in accordance with 1.1.5 and shall consist of all data between STX and ETX.

Note — When message texts do not require conversion to the ITA-2 code and format and do not conflict with ICAO message types or formats in PANS-ATM (ICAO Doc 4444), Administrations may make full use of the characters available in International Alphabet No. 5 (IA-5).

1.1.3.2

When an originator’s reference is used, it shall appear at the beginning of the text, except as provided in 1.1.3.3 and 1.1.3.4.

1.1.3.3

When the ICAO three-letter designators YXY, YYY or ZZZ comprise the second element of the addressee indicator and it, therefore, becomes necessary to identify in the text the specific addressee of the message, such identification group shall precede the originator’s reference (if used) and become the first item of the text.

1.1.3.4

When the ICAO three-letter designators YXY, YYY or ZZZ comprise the second element of the originator indicator and it thus becomes necessary to identify in the text the name of the organisation (or military service) or the aircraft which originated the message, such identification shall be inserted in the first item of the text of the message.

1.1.3.5

When applying the provisions of 1.1.3.3 and 1.1.3.4 to messages where the ICAO three-letter designator(s) YXY, YYY, ZZZ refer to two or more different organisations (or military services), the sequence of further identification in the text shall correspond to the complete sequence used in the address and originator indicator of the message. In such instance, each addressee identification shall be followed immediately by an alignment function. The name of the (YXY, YYY or ZZZ) organisation originating the message shall then be preceded with "FROM", "STOP" followed by an alignment function shall then be included in the text at the end of this identification and preceding the remainder of text.

1.1.3.6

An alignment function shall be transmitted at the end of each printed line of the text. When it is desired to confirm a portion of the text of a message in teletypewriter operation, such confirmation shall be separated from the last text group by an alignment function , and shall be indicated by the abbreviation CFM followed by the portion being confirmed.

1.1.3.7

Where messages are prepared off-line, e.g. by preparation of a paper tape, errors in the text shall be corrected by backspacing and replacing the character in error by character DEL (7/15).

1.1.3.8

Corrections to textual errors made in on-line operations shall be corrected by inserting following the error, then retyping the last correct word (or group).

1.1.3.9

When it is not discovered until later in the origination process that an error has been made in the text, the correction shall be separated from the last text group, or confirmation, if any, by an alignment function . This shall be followed by the abbreviation COR and the correction.

1.1.3.10

Stations shall make all indicated corrections on the page-copy prior to local delivery or a transfer to a manually operated circuit.

1.1.3.11

When messages are transmitted only on low-speed circuits, the text of messages entered by the AFTN origin station shall not exceed 1 800 characters in length. AFTN messages exceeding 1 800 characters shall be entered by the AFTN origin station in the form of separate messages.

 

Note 1. — Low-speed circuits operate at 300 bits per second or less.

 

Note 2. — The character count includes all printing and non-printing characters in the text from, but not including, the start-of-text signal to, but not including, the first alignment function of the ending.

1.1.3.11.1

The transmission on medium-or high-speed circuits of AFTN messages with text exceeding 1 800 characters that have not been entered by the AFTN origin station in the form of separate messages shall be subject to agreement between the Administrations concerned and not diminish the performance characteristics of the network or link.

 

Note 1: Medium-speed circuits operate at speeds in the range between 300 and 3 000 bits per second. High-speed circuits operate at speeds in excess of 3 000 bits per second.

 

Note 2: The character count includes all printing and non-printing characters in the text from, but not including,

1.1.3.12

Ending

1.1.3.12.1

The ending of a message shall comprise the following in the order stated—

 

    a)    an alignment function following the last line of text;

 

    b)    page-feed character, character 0/11 (VT);

 

    c)    end-of-text character 0/3 (ETX).

1.1.3.12.1.1

Station terminal equipment (page printers) on the International Alphabet Number 5 (IA-5) shall be provided with a capability to generate sufficient line feed functions for local station use upon the reception of a VERTICAL TAB character (0/11).

1.1.3.12.1.2

When the message does not transit ITA-2 portions of the AFTN, or where Administrations have made provisions to add automatically the second carriage return before transmission to an ITA-2 circuit, one carriage return in the alignment function and end-of-line function shall be permitted subject to agreement between the Administrations concerned.

1.1.3.12.1.3

Messages entered by the AFTN origin station shall not exceed 2 100 characters in length, when transmitted only on low-speed circuits.

Note 1: Low-speed circuits operate at 300 bits per second or less.

Note 2: The character count includes all printing and non-printing characters in the message from and including the start-of-heading character (SOH) to and including the end-of-text character.

1.1.3.12.1.4

The transmission on medium- or high-speed circuits of AFTN messages exceeding 2 100 characters that have not been entered by the AFTN origin station in the form of separate messages shall be subject to agreement between the Administrations concerned and not diminish the performance characteristics of the network or link.

Note 1: Medium-speed circuits operate at speeds in the range between 300 and 3 000 bits per second. High-speed circuits operate at speeds in excess of 3 000 bits per second.

Note 2: The character count includes all printing and non-printing characters in the message from and including the start-of-heading character (SOH) to and including the end-of-text character.

1.1.4

Except as provided in 1.1.5 to 1.1.6 and 116, the procedures of regulations 49 to 51 shall be used for messages using IA-5 code.

1.1.4.1

The transmission of message texts that do not require conversion to the IA-2 code and format and with message lines containing more than 69 printable and non-printable characters shall be subject to agreement between the Administrations concerned.

1.1.5

Channel-check transmissions. In the case where continuous control of channel condition is not provided the following periodic transmissions shall be sent on teletypewriter circuits—

 

    1)    heading line;

 

                    S

 

    2)    alignment function    T

 

                    X

 

    3)    the procedure signal CH;

 

                    E

 

    4)    alignment function        T.

 

                    X

The receiving station shall then check the transmission identification of this incoming transmission to ensure its correct sequence in respect of all messages received over that incoming channel.

Note: Application of this procedure provides some measure of assurance that channel continuity is maintained; however, a continuously controlled channel is much more preferable in that data integrity can also be improved.

1.1.5.1

Where a circuit is unoccupied and uncontrolled, the transmission identified in 1.1.5 shall be sent at H + 00, H + 20, H + 40.

1.1.6

The receipt of distress messages (priority indicator SS) shall be individually acknowledged by the AFTN destination station by sending a service message to the AFTN origin station. Such acknowledgement of receipt shall take the format of a complete message addressed to the AFTN origin station, shall be assigned priority indicator SS and the associated priority alarm, and shall have a text comprising—

 

    1) the procedure signal R;

 

    2) the origin line without priority alarm, or optional heading information of the message being acknowledged;

 

    3) the ending.

 

Note: The following example illustrates the application of the 1.6 procedures—

 

    Heading

 

     SS LECBZRZX

 

    121322 EGLLYFYX (Priority Alarm)

 

    S

 

    TR 121319 LECBZRZX

 

    X

 

    Ending (see 1.1.3.12.1).

1.2

Action taken on mutilated messages in IA-5 detected in computerised AFTN relay stations

1.2.1

On channels employing continuous control the mutilation detection and subsequent recovery shall be a function of the link control procedures and shall not require the subsequent sending of service or CHECK TEXT NEW ENDING ADDED messages.

1.2.2

On channels not employing continuous control the relay station shall employ the following procedures—

1.2.2.1

If, during the reception of a message a relay station detects that the message has been mutilated at some point ahead of the end-of-text character, it shall—

 

    1) cancel the onward routing responsibility for the message;

 

    2) send a service message to the transmitting station requesting a retransmission.

 

Note: The following example illustrates a typical text of a service message in which the foregoing procedure has been applied in respect of a mutilated message—

 

 

1.2.2.2

When the provisions of 1.2.2.1 are applied, the station receiving the service message shall reassume responsibility for the referenced message with a new (i.e. correct in sequence) transmission identification. If that station is not in possession of an unmutilated copy of the original message, it shall send a message to the originator as identified by the originator indicator in the origin of the mutilated message, requesting repetition of the incorrectly received message.

 

Note: The following example illustrates a typical text of a service message in which the foregoing procedure has been applied in respect of a mutilated message having as its origin—

 

"141335 CYULACAX":

 

 

1.2.3

If, after transmission of the text material of a message, a relay station can detect that there is no complete end-of-text character, but has no practical means of discovering whether the irregularity has affected only the end-of-text character, or whether it has also caused part of the original text to have been lost, it shall insert into the channel the following—

 

    1) CHECKTEXT NEWENDING ADDED;

 

    2) its own station identification;

 

    3) (ending —see 1.1.3.12.1).

1.3

Transfer of AFTN messages over code and byte independent circuits and networks

 

When AFTN messages are transferred across code and byte independent circuits and networks of the AFS, the following shall apply.

1.3.1

Except as provided in 1.3.3 the heading line of the message shall be omitted. The message shall start with an alignment function followed by the address.

1.3.2

The message shall end with a complete ending.

1.3.3

For the purposes of technical supervision, entry centres shall be permitted to insert additional data preceding the first alignment function and/or following the ending of the message.

1.3.3.1

When the provisions of 1.3.3 are applied, the data added shall not include either carriage return or line feed characters or any of the combinations listed in 1.1.3 of Schedule 1.

 

SCHEDULE 4
ATS Message Handling Services (TSMHS) and Inter-Centre Communications (ICC)

(reg 55)

1.1

ATS Message Handling Services (ATSMHS)

The ATS message service of the ATS (air traffic services) message handling service (ATSMHS) application shall be used to exchange ATS messages between users over the aeronautical telecommunication network (ATN) internet.

Note 1: The ATS message service comprised in the ATS message handling service application aims at providing generic message services over the ATN internet communication service (ICS). It may, in turn, be used as a communication system by user-applications communicating over the ATN. This may be achieved, for example, by means of application programme interfaces to the ATS message service.

Note 2: The detailed specification of the ATS message handling service application is included in the Manual of Technical Provisions for the Aeronautical Telecommunication Network (ATN) (ICAO Doc 9705), Sub-volume III.

Note 3: The ATS message service is provided by the implementation over the ATN internet communication service of the message handling systems specified in ISO/lEC (International Organisation for Standardisation/International Electrotechnical Commission) 10021 and ITU-T (International Telecommunication UnionTelecommunication Standardisation Sector) X.400 and complemented by the additional requirements specified in the Manual of Technical Provisions for the Aeronautical Telecommunication Network (ATN) (ICAO Doc 9705). The two sets of documents, the ISO/IECMOTIS (Message-Oriented Text Interchange System) International Standards and the ITU-T X.400 Series of Recommendations (1988 or later) are, in principle, aligned with each other. However, there are a small number of differences. In the above-mentioned document, reference is made to the relevant ISO International Standards and International Standardised Profiles (ISP), where applicable. Where necessary, e.g. for reasons of interworking or to point out differences, reference is also made to the relevant X.400 Recommendations.

Note 4.— The following types of ATN end systems performing ATS message handling services are defined in the Manual of Technical Provisions for the Aeronautical Telecommunication Network (ATN) (ICAO Doc 9705), Sub-volume III—

    1) an ATS message server;

    2) an ATS message user agent;

    3) an AFTN/AMHS gateway (aeronautical fixed telecommunication network/ATS message handling system); and

    Connections may be established over the internet communications service between any pair constituted of these ATN end systems (see Table 1-1).

1.2

Inter-Centre Communications (ICC)

 

The inter-centre communications (ICC) applications set shall be used to exchange ATS messages between air traffic service users over the ATN internet.

 

Note 1: The ICC applications set enables the exchange of information in support of the following operational services—

 

    a)    flight notification;

 

    b)    flight co-ordination;

 

    c)    transfer of control and communications;

 

    Table 1-1: Communications between ATN end systems implementing ATS message handling services

ATN End System 1

ATN End System 2

ATS Message Server

ATS Message Server

ATS Message Server

AFTN/AMHS Gateway

ATS Message Server

ATS Message User Agent

AFTN/AMHS Gateway

AFTN/AMHS Gateway

 

 

    d)    flight planning;

 

    e)    airspace management; and

 

    f)    air traffic flow management.

 

Note 2: The first of the applications developed for the ICC set is the ATS inter-facility data communication (AIDC).

 

Note 3: The AIDC application exchanges information between ATS units (ATSUs) for support of critical air traffic control (ATC) functions, such as notification of flights approaching a flight information region (FIR) boundary, co-ordination of boundary conditions and transfer of control and communications authority.

 

Note 4: The detailed specification of the AIDC application is included in the Manual of Technical Provisions for the Aeronautical Telecommunication Network (ATN) (ICAO Doc 9705), Sub-volume III.

 

Note 5: The AIDC application is strictly an ATC application for exchanging tactical control information between ATS units. It does not support the exchange of information with other offices or facilities.

 

Note 6: The AIDC application supports the following operational services—

 

    a)    flight notification;

 

    b)    flight co-ordination;

 

    c)    transfer of executive control;

 

    d)    transfer of communications; and

 

    e)    transfer of general information (flight-related data or free text messages, i.e. unstructured).

 

SCHEDULE 5
Aeronautical Mobile Service – Voice Communications

(regs 58, 69 and 70)

1.    Categories of messages in aeronautical mobile service – voice communications

    Table 1.1: Categories of Messages

 

Message category and order of priority

Radio telephony signal

a)

Distress call, distress messages and distress traffic

MAYDAY

b)

Urgency messages, including messages preceded by the medical transports’ signals

PAN, PAN or PAN, PAN MEDICAL

c)

Communications relating to direction finding

-

d)

Flight safety messages

-

e)

Meteorological messages

-

f)

Flight regulatory messages

-

2.1        Radiotelephony procedures

    2.1.1    General

2.1.1.1

When a controller or pilot communicates via voice, the response shall be via voice. Except when a controller or pilot communicates via CPDLC, the response shall be via CPDLC

2.1.1.2

Language to be used.

2.1.1.2.1

The air-ground radiotelephony communications shall be conducted in the language normally used by the station on the ground or in the English language.

2.1.1.2.2

The English language shall be available, on request from any aircraft station, at all stations on the ground serving designated airports and routes used by international air services.

2.1.1.2.3

The languages available at a given station on the ground shall form part of the Aeronautical Information Publications and other published aeronautical information concerning such facilities.

2.1.1.3

Word spelling in radiotelephony. When proper names, service abbreviations and words of which the spelling is doubtful are spelled out in radiotelephony the alphabet in Figure 2-1 shall be used.

2.1.1.4

Transmission of numbers in radiotelephony

2.1.1.4.1

Transmission of numbers

2.1.1.4.1.1

All numbers, except as prescribed in 2.1.1.4.1.2, shall be transmitted by pronouncing each digit separately.

The following examples illustrate the application of this procedure

Aircraft Call Signs

Transmitted As

CCA 238

Air China two three eight

OAL 242

Olympic two four two

Flight Levels

Transmitted As

FL 180

flight level one eight zero

FL 200

flight level two zero zero

Headings

Transmitted As

100 degrees

heading one zero zero

080 degrees

heading zero eight zero

Wind Direction And Speed

Transmitted As

200 degrees 70 knots

wind one six zero degrees one

160 degrees 18 knots

wind one six zero degrees one gusting 30 knots eight knots gusting three zero knots

Transponder Codes

Transmitted As

2 400

squawk two four zero zero

4 203

squawk four two zero three

Runway

Transmitted As

27

runway two seven

30

runway three zero

Altimeter Setting

Transmitted As

1010

QNH one zero one zero

1000

QNH one zero zero zero

 

2.1.1.4.1.2

All numbers used in the transmission of altitude, cloud height, visibility and runway visual range (RVR) information, which contain whole hundreds and whole thousands, shall be transmitted by pronouncing each digit in the number of hundreds or thousands followed by the word HUNDRED or THOUSAND as appropriate. Combinations of thousands and whole hundreds shall be transmitted by pronouncing each digit in the number of thousands followed by the word THOUSAND followed by the number of hundreds followed by the word HUNDRED.

 

The following examples illustrate the application of this procedure

Letter

Word

Approximate pronunciation

International Phonetic Convention

Latin alphabet representation

A

Alfn

'ælfa

AL FAH

B

Bravo

'bra:'vo

BRAH VOH

C

Charlie

 

CHAR LEE or SHAR LEE

D

Delta

'delta

DELL TAH

E

Echo

'eko

ECK OH

F

Foxtrot

'fokstrot

FOKS TROT

G

Golf

gAlf

GOLF

H

Hotel

ho'tel

HO TELL

I

India

'indi.a

IN DEE AH

J

Julielt

d3u:li.'et

JEW LEE ETT

K

Kilo

'ki:lo

KEY LOH

L

Lima

'li:ma

LEE MAH

M

Mike

moik

MIKE

N

November

 

NO VEM BER

O

Oscar

 

OSS CAH

P

Papa

 

PAH PAH

Q

Quebec

ke'bek

KEH BECK

R

Romeo

'ro:mi.o

ROW ME OH

S

Sierra

si'era

SEE AIR RAH

T

Tango

'tœngo

TANG GO

U

Uniform

'ju:nifo:m or 'u:niform

YOU NEE FORM or OO NEE FORM

V

Victor

'vikta

VIK TAH

W

Whisky

'wiski

WISS KEY

X

X-ray

'eks'rei

ECKS RAY

Y

Yankee

'jænki

YANG KEY

Z

Zulu

’zu:lu:

ZOO LOO

Note: In the approximate representation using the Latin alphabet, syllables to be emphasised are underlined.

Note 1: The pronunciation of the words in the alphabet may vary according to the language habits of the speakers. In order to eliminate wide variations in pronunciation, posters illustrating the desired pronunciation are available from ICAO.

Figure 2-1

altitude

transmitted as

800

eight hundred

3400

three thousand four hundred

12000

one two thousand

cloud height

transmitted as

2200

two thousand two hundred

4300

four thousand three hundred

visibility

transmitted as

1000

visibility one thousand

700

visibility seven hundred

runway visual range

transmitted as

600

RVR six hundred

1700

RVR one thousand seven hundred

2.1.1.4.1.3

Numbers containing a decimal point shall be transmitted as prescribed in 2.1.1.4.1.1 with the decimal point in appropriate sequence being indicated by the word DECIMAL.

Note 1: The following examples illustrate the application of this procedure—

Number

Transmitted as

100.3

ONE ZERO ZERO DECIMAL THREE,

38143.9

THREE EIGHT ONE FOUR THREE DECIMAL NINE

Note 2: For identification of VHF frequencies the number of digits used after the decimal point are determined on the basis of the channel spacing (2.1.1.7.3.4.3 refers to frequencies separated by 25 kHz, 2.1.1.7.3.4.4 refers to frequencies separated by 8.33 kHz).

Note 3: The channelling/frequency pairing relationship for 8.33 kHz and 25 kHz is found in Table 4-1(bis), (CNS Technical Standards Volume V).

2.1.1.4.1.4

When transmitting time, only the minutes of the hour shall normally be required. Each digit shall be pronounced separately. However, the hour shall be included when any possibility of confusion is likely to result.

Note: The following example illustrates the application of this procedure when applying the provisions of 2.1.1.4.1.4—

Time

                    Statement

0920 (9:20 A.M.)                    TOO ZE-RO or ZE-RO NIN-er TOO ZE-RO

1643 (4:43 P.M.)                        FOW-er TREE or WUN SIX FOW-er TREE

2.1.1.4.2

Verification of numbers

2.1.1.4.2.1

When it is desired to verify the accurate reception of numbers the person transmitting the message shall request the person receiving the message to read back the numbers.

2.1.1.4.3

Pronunciation of numbers

2.1.1.4.3.1

When the language used for communication is English, numbers shall be transmitted using the following pronunciation—

Numeral or numeral element

Pronunciation

0

ZE-RO

1

WUN

2

TOO

3

TREE

4

FOW-er

5

FIFE

6

SIX

7

SEV-en

8

AIT

9

NIN-er

Decimal

DAY-SEE-MAL

Hundred

HUN-dred

Thousand

TOU-SAND

Note: The syllables printed in capital letters in the above list are to be stressed; for example, the two syllables in ZE-RO are given equal emphasis, whereas the first syllable of FOW-er is given primary emphasis.

2.1.1.5

Transmitting technique

2.1.1.5.1

Each written message shall be read prior to commencement of transmission in order to eliminate unnecessary delays in communications.

2.1.1.5.2

Transmissions shall be conducted concisely in a normal conversational tone.

2.1.1.5.3

Speech transmitting technique shall be such that the highest possible intelligibility is incorporated in each transmission. Fulfilment of this aim requires that air crew and ground personnel shall—

 

    a)    enunciate each word clearly and distinctly;

 

    b)    maintain an even rate of speech not exceeding 100 words per minute. When a message is transmitted to an aircraft and its contents need to be recorded the speaking rate shall be at a slower rate to allow for the writing process. A slight pause preceding and following numerals makes them easier to understand;

 

    c)    maintain the speaking volume at a constant level;

 

    d)    be familiar with the microphone operating techniques particularly in relation to the maintenance of a constant distance from the microphone if a modulator with a constant level is not used;

 

    e)    suspend speech temporarily if it becomes necessary to turn the head away from the microphone.

2.1.1.5.4

Speech transmitting technique shall be adapted to the prevailing communications conditions.

2.1.1.5.5

Messages accepted for transmission shall be transmitted in plain language or ICAO phraseologies without altering the sense of the message in any way. Approved ICAO abbreviations contained in the text of the message to be transmitted to aircraft shall normally be converted into the unabbreviated words or phrases which these abbreviations represent in the language used, except for those which, owing to frequent and common practice, are generally understood by aeronautical personnel.

2.1.1.5.6

To expedite communication, the use of phonetic spelling shall be dispensed with, if there is no risk of this affecting correct reception and intelligibility of the message.

2.1.1.5.7

The transmission of long messages shall be interrupted momentarily from time to time to permit the transmitting operator to confirm that the frequency in use is clear and, if necessary, to permit the receiving operator to request repetition of parts not received.

2.1.1.5.8

The following words and phrases shall be used in radiotelephony communications as appropriate and shall have the meaning ascribed hereunder—

Phrase

Meaning

ACKNOWLEDGE

"Let me know that you have received and understood this message."

'AFFIRM

"Yes."

APPROVED

"Permission for proposed action granted."

BREAK

"I hereby indicate the separation
between portions of the message."
(To be used where there is no clear distinction between the text and other portions of the message.)

BREAK BREAK

"I hereby indicate the separation between messages transmitted to different aircraft in a very busy environment."

CANCEL

"Annul the previously transmitted clearance."

CHECK

"Examine a system or procedure."
(Not to be used in any other context. No answer is normally expected.)

CLEARED

"Authorised to proceed under the conditions specified."

CONFIRM

"I request verification of: (clearance, instruction, action, information)."

 

 

CONTACT

"Establish communications with..."

CORRECT

"True" or "Accurate".

CORRECTION

"An error has been made in this transmission (or message indicated). The correct version is..."

DISREGARD

"Ignore."

HOW DO YOU READ

"What is the readability of my transmission?"

I SAY AGAIN

"I repeat for clarity or emphasis."

MAINTAIN

"Continue in accordance with the condition(s) specified" or in its literal sense, e.g. "Maintain VFR".

MONITOR

"Listen out on (frequency)."

NEGATIVE

"No" or "Permission not granted" or
"That is not correct" or "Not capable".

OVER

"My transmission is ended, and I expect a response from you."

Note: Not normally used in VHF or satellite voice communications.

OUT

"This exchange of transmissions is ended and no response is expected."

Note: Not normally used in VHF or satellite voice communications.

READ BACK

"Repeat all, or the specified part, of this message back to me exactly as received."

RECLEARED

"A change has been made to your last clearance and this new clearance supersedes your previous clearance or part thereof."

REPORT

"Pass me the following information..."

REQUEST

"I should like to know..." or "I wish to obtain..."

ROGER

"I have received all of your last transmission."

Note: Under no circumstances to be used in reply to a question requiring "READBACK" or a direct answer in the affirmative (AFFIRM) or negative (NEGATIVE).

SAY AGAIN

"Repeat all, or the following part, of your last transmission,"

SPEAK SLOWER

"Reduce your rate of speech."

Note: For normal rate of speech.

STANDBY

"Wait and I will call you."

Note: The caller would normally re-establish contact if the delay is lengthy. STANDBY is not an approval or denial.

UNABLE

"I cannot comply with your request, instruction, or clearance."

Note: UNABLE is normally followed by a reason.

WILCO

(Abbreviation for "will comply".)
"I understand your message and will comply with it."

WORDS TWICE

    a)    As a request: "Communication is difficult. Please send every word, or group of words, twice.

    b)    As information: "Since communication is difficult, every word, or group of words, in this message will be sent twice."

2.1.1.6

Composition of messages

2.1.1.6.1

Messages handled entirely by the aeronautical mobile service shall comprise the following parts in the order stated—

    a)    call indicating the addressee and the originator;

    b)    text.

Note: The following examples illustrate the application of this procedure—

(call)

NEW YORK RADIO SWISSAIR ONE ONE ZERO

(text)

REQUEST SELCAL CHECK or

(call)

SWISSAIR ONE ONE ZERO NEW YORK RADIO

(text)

CONTACT SAN JUAN ON FIVE SIX

2.1.1.6.2

Messages requiring handling by the AFTN for part of their routing and similarly messages which are not handled in accordance with predetermined distribution arrangements shall be composed as follows—

2.1.1.6.2.1

When originated in an aircraft—

 

    1) call;

 

    2) the word FOR;

 

    3) the name of the organisation addressed;

 

    4) the name of the station of destination;

 

    5) the text.

2.1.1.6.2.1.1

The text shall be as short as practicable to convey the necessary information; full use shall be made of ICAO phraseologies.

Note: The following example illustrates the application of this procedure—

(call)

BOSTON RADIO SWISSAIR ONE TWO EIGHT (address) FOR SWISSAIR BOSTON

(text)

NUMBER ONE ENGINE CHANGE REQUIRED

2.1.1.6.2.2

When addressed to an aircraft. When a message is retransmitted by an aeronautical station to an aircraft in flight, the heading and address of the AFTN message format shall be omitted during the retransmission on the aeronautical mobile service.

2.1.1.6.2.2.1

When the provisions of 2.1.1.6.2.2 are applied, the aeronautical mobile service message transmission shall comprise—

 

    (a)    the text [incorporating any corrections (COR) contained in the AFTN message];

 

    (b)    the word FROM;

 

    (c)    the name of the originating organisation and its location (taken from the origin section of the AFTN message).

2.1.1.6.2.2.2

When the text of a message to be transmitted by an aeronautical station to an aircraft in flight contains approved ICAO abbreviations, these abbreviations shall normally be converted during the transmission of the message into the unabbreviated words or phrases which the abbreviations represent in the language used, except for those which, owing to frequent or common practice, are generally understood by aeronautical personnel.

2.1.1.7

Calling

2.1.1.7.1

Radiotelephony call signs for aeronautical stations

2.1.1.7.1.1

Aeronautical stations in the aeronautical mobile service shall be identified by—

 

    a)    the name of the location; and

 

    b)    the unit or service available.

2.1.1.7.1.2

The unit or service shall be identified in accordance with the table below except that the name of the location or the unit/service may be omitted provided satisfactory communication has been established.

 

Unit/service available

Call sign suffix

area control centre

CONTROL

approach control

APPROACH

approach control radar arrivals

ARRIVAL

approach control radar departures

DEPARTURE

aerodrome control

TOWER

surface movement control

GROUND

radar (in general)

RADAR

precision approach radar

PRECISION

direction-finding station

HOMER

flight information service

INFORMATION

clearance delivery

DELIVERY

apron control

APRON

company dispatch

DISPATCH

aeronautical station

RADIO

2.1.1.7.2

Radiotelephony call signs for aircraft

2.1.1.7.2.1

Full call signs

2.1.1.7.2.1.1

An aircraft radiotelephony call sign shall be one of the following types—

Type a)

— the characters corresponding to the registration marking of the aircraft;

Type b)

— the telephony designator of the aircraft operating agency, followed by the last four characters of the registration marking of the aircraft; or

Type c)

— the telephony designator of the aircraft operating agency, followed by the flight identification.

2.1.1.7.2.2

Abbreviated call signs

2.1.1.7.2.2.1

The aircraft radiotelephony call signs shown in 2.1.1.7.2.1.1, with the exception of Type c), may be abbreviated in the circumstances prescribed in 2.1.1.7.3.3.1. Abbreviated call signs shall be in the following form—

Type a)

— the first character of the registration and at least the last two characters of the call sign;

Type b)

— the telephony designator of the aircraft operating agency, followed by at least the last two characters of the call sign;

Type c)

— no abbreviated form.

Table 2-1: Examples of full call signs and abbreviated call signs

 

 

 

Type a)

 

Type b)

Type c)

Full call sign

N 57826

*CESSNA FABCD

* CITATION FABCD

VARIG PVMA

SCANDINAVIAN 937

Abbreviated call sign

N26

CESSNA CD

CITATION CD

VARIG MA

(no abbreviated form)

 

or

or

Ol

or

 

 

N826

CESSNA

CITATION

VARIG

 

 

 

BCD

BCD

VMA

 

 

Note: Either the name of the aircraft manufacturer or of the aircraft model may be used in place of the first character in Type a).

2.1.1.7.3

Radiotelephony procedures

2.1.1.7.3.1

An aircraft shall not change the type of its radiotelephony call sign during flight, except temporarily on the instruction of an air traffic control unit in the interests of safety.

2.1.1.7.3.1.1

Except for reasons of safety no transmission shall be directed to an aircraft during take-off, during the last part of the final approach or during the landing roll.

2.1.1.7.3.2

Establishment of radiotelephony communications

2.1.1.7.3.2.1

Full radiotelephony call signs shall always be used when establishing communication. The calling procedure of an aircraft establishing communication shall be in accordance with Table 2-2.

 

Table 2-2 Radiotelephony calling procedure

 

Type a)

Type b)

Type c)

Designation of the station called

NEW YORK RADIO

NEW YORK RADIO

NEW YORK RADIO

Designation of the station calling

GABCD**

SPEEDBIRD ABCD**

AEROFLOT 321**

* In certain cases where the call is initiated by the aeronautical station, the call may be effected by transmission of coded tone signals.

** With the exception of the telephony designators and the type of aircraft, each character in the call sign shall be spoken separately.

When individual letters are spelled out, the radiotelephony spelling alphabet prescribed in 2.1.1.3

shall be used. Numbers are to be spoken in accordance with 2.1.1.4.

2.1.1.7.3.2.2

Stations having a requirement to transmit information to all stations likely to intercept shall preface such transmission by the general call ALL STATIONS, followed by the identification of the calling station.

Note: No reply is expected to such general calls unless individual stations are subsequently called to acknowledge receipt.

2.1.1.7.3.2.3

The reply to the above calls shall be in accordance with Table 2-3. The use of the calling aeronautical station’s call sign followed by the answering aeronautical station’s call sign shall be considered the invitation to proceed with transmission by the station calling.

 

Table 2-3 Radiotelephony reply procedure

 

Type a)

Type b)

Type c)

Designation of the station called

GABCD*

SPEEDBIRD ABCD*

AEROFLOT 321*

Designation of the answering station

NEW YORK RADIO

NEW YORK RADIO

NEW YORK RADIO

* With the exception of the telephony designators and the type of aircraft, each character in the call sign shall be spoken separately. When individual letters are spelled out, the radiotelephony spelling alphabet prescribed in 2.11.3 shall be used. Numbers are to be spoken in accordance with 2.1.1.4.

2.1.1.7.3.2.4

When a station is called but is uncertain of the identification of the calling station, it shall reply by transmitting the following—

STATION CALLING... (station called) SAY AGAIN YOUR CALL SIGN

Note: The following example illustrates the application of this procedure—

(CAIRO station replying) STATION CALLING CAIRO (pause) SAY AGAIN YOUR CALL SIGN

2.1.1.7.3.2.5

Communications shall commence with a call and a reply when it is desired to establish contact, except that, when it is certain that the station called will receive the call, the calling station may transmit the message, without waiting for a reply from the station called.

2.1.1.7.3.2.6

Interpilot air-to-air communication shall be established on the air-to-air channel 123.45 MHz by either a directed call to a specific aircraft station or a general call, taking into account conditions pertaining to use of this channel.

Note: For conditions on use of air-to-air channels see ANS Technical Standards, Part II Volume V, 4.1.3.2.1, also 2.1.2.1.1.4 in this Schedule.

2.1.1.7.3.2.6.1

As the aircraft may be guarding more than one frequency, the initial call shall include the distinctive channel identification "INTERPILOT".

 

Note: The following examples illustrate the application of this calling procedure.

 

CLIPPER 123 — SABENA 901 — INTERPILOT — DO YOU READ or

 

ANY AIRCRAFT VICINITY OF 30 NORTH 160 EAST — JAPANAIR 401— INTERPILOT — OVER

2.1.1.7.3.3

Subsequent radiotelephony communications

2.1.1.7.3.3.1

Abbreviated radiotelephony call signs shall be used only after satisfactory communication has been established and provided that no confusion is likely to arise. An aircraft station shall use its abbreviated call sign only after it has been addressed in this manner by the aeronautical station.

2.1.1.7.3.3.2

After contact has been established, continuous two-way communication shall be permitted without further identification or call until termination of the contact.

2.1.1.7.3.3.3

In order to avoid any possible confusion, when issuing ATC clearances and reading back such clearances, controllers and pilots shall always add the call sign of the aircraft to which the clearance applies.

2.1.1.7.3.4

Indication of transmitting channel

2.1.1.7.3.4.1

As the aeronautical station operator generally guards more than one frequency, the call shall be followed by an indication of the frequency used, unless other suitable means of identifying the frequency are known to exist.

2.1.1.7.3.4.2

When no confusion is likely to arise, only the first two digits of the High Frequency (in kHz) shall be used to identify the transmitting channel.

 

Note: The following example illustrates the application of this procedure—

 

            (PAA 325 calling Kingston on 8 871 kHz)

 

KINGSTON CLIPPER THREE TWO FIVE — ON EIGHT EIGHT

2.1.1.7.3.4.3

Except as specified in 2.1.1.7.3.4.4 all six digits of the numerical designator shall be used to identify the transmitting channel in VHF radiotelephony communications, except in the case of both the fifth and sixth digits being zeros, in which case only the first four digits shall be used.

 

Note 1: The following examples illustrate the application of the procedure in 2.1.1.7.3.4.3—

Channel

Transmitted as

118.000

ONE ONE EIGHT DECIMAL ZERO

118.005

ONE ONE EIGHT DECIMAL ZERO ZERO FIVE

118.010

ONE ONE EIGHT DECIMAL ZERO ONE ZERO

118.025

ONE ONE EIGHT DECIMAL ZERO TWO FIVE

118.050

ONE ONE EIGHT DECIMAL ZERO FIVE ZERO

118.100

ONE ONE EIGHT DECIMAL ONE

Note 2.: Caution must be exercised with respect to the indication of transmitting channels in VHF radio telephony communications when all six digits of the numerical designator are used in airspace where communication channels are separated by 25 kHz, because on aircraft installations with a channel separation capability of 25 kHz or more, it is only possible to select the first five digits of the numerical designator on the radio management panel.

Note 3.: The numerical designator corresponds to the channel identification in ANS Technical Standards Part II, Volume V, Table 4-1(bis).

2.1.1.7.3.4.4

In airspace where all VHF voice communications channels are separated by 25 kHz or more and the use of six digits as in 2.1.1.7.3.4.3 is not substantiated by the operational requirement determined by the appropriate authorities, the first five digits of the numerical designator shall be used, except in the case of both the fifth and sixth digits being zeros, in which case only the first four digits shall be used.

Note 1: The following examples illustrate the application of the procedure in 2.1.1.7.3.4.4 and the associated settings of the aircraft radio management panel for communication equipment with channel separation capabilities of 25 kHz and 8.33/25 kHz—

Channel

Transmitted as

Radio management panel setting for communication equipment with

 

 

25kHz
(5 digits)

8.33/25kHz
(6 digits)

118.000

ONE ONE EIGHT DECIMAL ZERO

118.00

118.000

118.025

ONE ONE EIGHT DECIMAL ZERO TWO

118.02

118.025

118.050

ONE ONE EIGHT DECIMAL ZERO FIVE

118.05

118.050

118.075

ONE ONE EIGHT DECIMAL ZERO SEVEN

118.07

118.075

118.100

ONE ONE EIGHT DECIMAL ONE

118.10

118.100

Note 2." Caution must be exercised with respect to the indication of transmitting channels in VHF radiotelephony communications when five digits of the numerical designator are used in airspace where aircraft are also operated with channel separation capabilities of 8.33/25 kHz. On aircraft installations with a channel separation capability of 8.33 kHz and more, it is possible to select six digits on the radio management panel. It should therefore be ensured that the fifth and sixth digits are set to 25 kHz channels (see Note 1).

Note 3.: The numerical designator corresponds to the channel identification in ANS Technical Standards, Part II, Volume V, Table 4-1(bis).

2.1.1.8

Test procedures

2.1.1.8.1

The form of test transmissions shall be as follows—

 

    a)    the identification of the station being called;

 

    b)    the aircraft identification;

 

    c)    the words "RADIO CHECK";

 

    d)    the frequency being used.

2.1.1.8.2

The reply to a test transmission shall be as follows—

 

    (a)    the identification of the aircraft;

 

    (b)    the identification of the aeronautical station replying;

 

    (c)    information regarding the readability of the aircraft transmission.

2.1.1.8.3

The test transmission and reply thereto shall be recorded at the aeronautical station.

2.1.1.8.4

When the tests are made, the following readability scale shall be used—

Readability Scale

1    Unreadable

2    Readable now and then

3    Readable but with difficulty

4    Readable

5    Perfectly readable

2.1.1.9

Exchange of communications

2.1.1.9.1

Communications shall be concise and unambiguous, using standard phraseology whenever available.

2.1.1.9.2

Abbreviated procedures shall only be used after initial contact has been established and where no confusion is likely to arise.

2.1.1.9.3

Acknowledgement of receipt. The receiving operator shall make certain that the message Has been received correctly before acknowledging receipt.

Note: Acknowledgement of receipt is not to be confused with acknowledgement of intercept in radiotelephony network operations.

2.1.1.9.3.1

When transmitted by an aircraft station, the acknowledgement of receipt of a message shall comprise the call sign of that aircraft.

2.1.1.9.3.2

An aircraft station shall acknowledge receipt of important air traffic control messages or parts thereof by reading them back and terminating the readback by its radio call sign.

Note 1.: Air traffic control clearances, instructions and information requiring readback are specified in Civil Aviation (Air Traffic Services) Regulations 2020.

Note 2.: The following example illustrates the application of this procedure: (ATC clearance by network station to an aircraft)

 

Station:

 

    TWA NINE SIX THREE MADRID

 

Aircraft:

 

    MADRID TWA NINE SIX THREE

 

Station:

 

    TWA NINE SIX THREE MADRID — ATC CLEARS TWA NINE SIX THREE TO DESCEND TO NINE THOUSAND FEET

 

Aircraft (acknowledging):

 

    CLEARED TO DESCEND TO NINE THOUSAND FEET — TWA NINE SIX THREE

 

Station (denoting accuracy of readback):

 

            MADRID

2.1.1.9.3.3

When acknowledgement of receipt is transmitted by an aeronautical station—

 

    (1) to an aircraft station: it shall comprise the call sign of the aircraft, followed if considered necessary by the call sign of the aeronautical station;

 

    (2) to another aeronautical station: it shall comprise the call sign of the aeronautical station that is acknowledging receipt.

2.1.1.9.3.3.1

An aeronautical station shall acknowledge position reports and other flight progress reports by reading back the report and terminating the readback by its call sign, except that the readback procedure may be suspended temporarily whenever it will alleviate congestion on the communication channel.

2.1.1.9.3.4

It is permissible for verification for the receiving station to read back the message as an additional acknowledgement of receipt. In such instances, the station to which the information is read back shall acknowledge the correctness of readback by transmitting its call sign.

2.1.1.9.3.5

If both position report and other information – such as weather reports – are received in the same message, the information shall be acknowledged with the words such as "WEATHER RECEIVED" after the position report has been read back, except when intercept of the information is required by other network stations. Other messages shall be acknowledged, the aeronautical station transmitting its call sign only.

2.1.1.9.4

End of conversation. A radiotelephone conversation shall be terminated by the receiving station using its own call sign.

2.1.1.9.5

Corrections and repetitions

2.1.1.9.5.1

When an error has been made in transmission, the word "CORRECTION" shall be spoken, the last correct group or phrase repeated, and then the correct version transmitted.

2.1.1.9.5.2

If a correction can best be made by repeating the entire message, the operator shall use the phrase—

 

"CORRECTION, I SAY AGAIN" before transmitting the message a second time.

2.1.1.9.5.3

When an operator transmitting a message considers that reception is likely to be difficult, he shall transmit the important elements of the message twice.

2.1.1.9.5.4

If the receiving operator is in doubt as to the correctness of the message received, he shall request repetition either in full or in part.

2.1.1.9.5.5

If repetition of an entire message is required, the words "SAY AGAIN" shall be spoken. If repetition of a portion of a message is required, the operator shall state: "SAY AGAIN ALL BEFORE... (first word satisfactorily received)"; or "SAY AGAIN... (word before missing portion) TO... (word after missing portion)"; or "SAY AGAIN ALL AFTER... (last word satisfactorily received)".

2.1.1.9.5.6

Specific items shall be requested, as appropriate, such as "SAY AGAIN ALTIMETER", "SAY AGAIN WIND"

2.1.1.9.5.7

If, in checking the correctness of a readback, an operator notices incorrect items, he shall transmit the words "NEGATIVE I SAY AGAIN" at the conclusion of the readback followed by the correct version of the items concerned.

2.1.1.9.6

"Operations normal" reports

 

When "operations normal" reports are transmitted by aircraft, they shall consist of the prescribed call followed by the words "OPERATIONS NORMAL".

2.1.2

Establishment and assurance of communications

2.1.2.1

Communications watch/Hours of service

2.1.2.1.1

During flight, aircraft stations shall maintain watch as required by the appropriate Authority and shall not cease watch, except for reasons of safety, without informing the aeronautical station(s) concerned.

2.1.2.1.1.1

Aircraft on long over-water flights, or on flights over designated areas over which the carriage of an emergency locator transmitter (ELT) is required, shall continuously guard the VHF emergency frequency 121.5 MHz, except for those periods when aircraft are carrying out communications on other VHF channels or when airborne equipment limitations or cockpit duties do not permit simultaneous guarding of two channels.

2.1.2.1.1.2

Aircraft shall continuously guard the VHF emergency frequency 121.5 MHz in areas or over routes where the possibility of interception of aircraft or other hazardous situations exist, and a requirement has been established by the appropriate authority.

2.1.2.1.1.3

Aircraft on flights other than those specified in 2.1.2.1.1.1 and 2.12.1.1.2 shall guard the emergency frequency 121.5 MHz to the extent possible.

2.1.2.1.1.4

The user of the air-to-air VHF communications channel shall ensure that adequate watch is maintained on designated ATS frequencies, the frequency of the aeronautical emergency channel, and any other mandatory watch frequencies.

2.1.2.1.2

Aeronautical stations shall maintain watch as required by the appropriate Authority.

2.1.2.1.3

Aeronautical stations shall maintain a continuous listening watch on VHF emergency channel 121.5 MHz during the hours of service of the units at which it is installed.

2.1.2.1.4

When it is necessary for an aircraft station or aeronautical station to suspend operation for any reason, it shall, if possible, so inform other stations concerned, giving the time at which it is expected that operation will be resumed. When operation is resumed, other stations concerned shall be so informed.

2.1.2.1.4.1

When it is necessary to suspend operation beyond the time specified in the original notice, a revised time of resumption of operation shall, if possible, be transmitted at or near the time first specified.

2.1.2.1.5

When two or more ATS frequencies are being used by a controller, consideration shall be given to providing facilities to allow ATS and aircraft transmissions on any of the frequencies to be simultaneously retransmitted on the other frequencies in use thus permitting aircraft stations within range to hear all transmissions to and from the controller.

2.1.2.2

Principles of network operation (HF communications)

2.1.2.2.1

The aeronautical stations of a radiotelephony network shall assist each other in accordance with the following network principles, in order to provide the air-ground communication service required of the network by aircraft flying on the air routes for which the network is responsible.

2.1.2.2.2

When the network comprises a large number of stations, network communications for flights on any individual route segment shall be provided by selected stations, termed "regular stations" for that segment.

 

Note 1: The selection of stations to act as regular stations for a particular route segment will, where necessary, be undertaken by regional or local agreement, after consultation, if necessary, between the States responsible for the network.

 

Note 2: In principle, the regular stations will be those serving the locations immediately concerned with flights on that route segment, i.e. points of take-off and landing, appropriate flight information centres or area control centres and, in some cases, additional suitably located stations required to complete the communication coverage or for intercept purposes.

 

Note 3: In selecting the regular stations, account will be taken of the propagation characteristics of the frequencies used.

2.1.2.2.3

In areas or on routes where radio conditions, length of flights or distance between aeronautical stations require additional measures to ensure continuity of air-ground communication throughout the route segment, the regular stations shall share between them a responsibility of primary guard whereby each station will provide the primary guard for that portion of the flight during which the messages from the aircraft can be handled most effectively by that station.

2.1.2.2.4

During its tenure of primary guard, each regular station shall, among other things—

 

    (a)    be responsible for designating suitable primary and secondary frequencies for its communications with the aircraft;

 

    (b)    receive all position reports and handle other messages from and to the aircraft essential to the safe conduct of the flight;

 

    (c)    be responsible for the action required in case of failure of communications (see 2.1.2.7.2).

2.1.2.2.5

The transfer of primary guard from one station to the next will normally take place at the time of the traversing of flight information region or control area boundaries, this guard being provided at any time, as far as possible, by the station serving the flight information centre or area control centre in whose area the aircraft is flying. However, where communication conditions so demand, a station shall be required to retain primary guard beyond such geographical boundaries or release its guard before the aircraft reaches the boundary, if appreciable improvement in air-ground communication can be effected thereby.

2.1.2.3

Frequencies to be used

2.1.2.3.1

Aircraft stations shall operate on the appropriate radio frequencies.

2.1.2.3.1.1

The air-ground control radio station shall designate the frequency(ies) to be used under normal conditions by aircraft stations operating under its control.

2.1.2.3.1.2

In network operation, the initial designation of primary and secondary frequencies shall be made by the network station with which the aircraft makes pre-flight check or its initial contact after take-off. This station shall also ensure that other network stations are advised, as required, of the frequency(ies) designated.

2.1.2.3.2

An aeronautical station, when designating frequencies in accordance with 2.1.2.3.1.1 or 2.1.2.3.1.2, shall take into account the appropriate propagation data and distance over which communications are required.

2.1.2.3.3

If a frequency designated by an aeronautical station proves to be unsuitable, the aircraft station shall suggest an alternative frequency.

2.1.2.3.4

When, notwithstanding the provisions of regulations 57-63, air-ground frequencies are used for the exchange between network stations of messages essential for co-ordination and co-operation between the stations, such communication shall, so far as possible, be effected over network frequencies not being used at that time for the bulk of the air-ground traffic. In all cases, the communication with aircraft stations shall take priority over the inter-ground station communications.

2.1.2.4

Establishment of communications

2.1.2.4.1

Aircraft stations shall, if possible, communicate directly with the air-ground control radio station appropriate to the area in which the aircraft are flying. If unable to do so, aircraft stations shall use any relay means available and appropriate to transmit messages to the air-ground control radio station.

2.1.2.4.2

When normal communications from an aeronautical station to an aircraft station cannot be established, the aeronautical station shall use any relay means available and appropriate to transmit messages to the aircraft station. If these efforts fail, the originator shall be advised in accordance with procedures prescribed by the appropriate Authority.

2.1.2.4.3

When, in network operation, communication between an aircraft station and a regular station has not been established after calls on the primary and secondary frequencies, aid shall be rendered by one of the other regular stations for that flight, either by calling the attention of the station first called or, in the case of a call made by an aircraft station, by answering the call and taking the traffic.

2.1.2.4.3.1

Other stations of the network shall render assistance by taking similar action only if attempts to establish communications by the regular stations have proved unsuccessful.

2.1.2.4.4

The provisions of 2.1.2.4.3 and 2.1.2.4.3.1 shall also be applied—

 

    (a)    on request of the air traffic services unit concerned; and

 

    (b)    when an expected communication from an aircraft has not been received within a time period such that the occurrence of a communication failure is suspected.

 

Note: A specific time period may be prescribed by the appropriate ATS Authority.

2.2     Transfer of HF communications

2.2.1.1.1

An aircraft station shall be advised by the appropriate aeronautical station to transfer from one radio frequency or network to another. In the absence of such advice, the aircraft station shall notify the appropriate aeronautical station before such transfer takes place.

2.2.1.1.2

In the case of transfer from one network to another, the transfer shall preferably take place while the aircraft is in communication with a station operating in both networks to ensure continuity of communications. If, however, the change of network must take place concurrently with the transfer of communication to another network station, the transfer shall be co-ordinated by the two network stations prior to advising or authorising the frequency change. The aircraft shall also be advised of the primary and secondary frequencies to be used after the transfer.

2.2.1.1.3

An aircraft station which has transferred communications watch from one radio frequency to another shall, when so required by the appropriate ATS Authority, inform the aeronautical station concerned that communications watch has been established on the new frequency.

2.2.1.1.4

When entering a network after take-off, an aircraft station shall transmit its take-off time or time over the last check-point, to the appropriate regular station.

2.2.1.1.5

When entering a new network, an aircraft station shall transmit the time over the last checkpoint, or of its last reported position, to the appropriate regular station.

2.2.1.1.6

Before leaving the network, an aircraft station shall in all cases advise the appropriate regular station of its intention to do so by transmitting one of the following phrases, as appropriate—

 

    a)    when transferring to a pilot-to-controller channel: Aircraft: CHANGING TO...

 

        (air traffic services unit concerned)

 

    b)    after landing: Aircraft: LANDED... (location)... (time)

2.2.1.2

Transfer of VHF communications

2.2.1.2.1

An aircraft shall be advised by the appropriate aeronautical station to transfer from one radio frequency to another in accordance with agreed procedures. In the absence of such advice, the aircraft station shall notify the appropriate aeronautical station before such a transfer takes place.

2.2.1.2.2

When establishing initial contact on, or when leaving, a VHF frequency, an aircraft station shall transmit such information as may be prescribed by the appropriate Authority.

2.2.1.3

Voice communications failure

2.2.1.3.1

Air-ground

2.2.1.3.1.1

When an aircraft station fails to establish contact with the appropriate aeronautical station on the designated channel, it shall attempt to establish contact on the previous channel used and, if not successful, on another channel appropriate to the route. If these attempts fail, the aircraft station shall attempt to establish communication with the appropriate aeronautical station, other aeronautical stations or other aircraft using all available means and advise the aeronautical station that contact on the assigned channel could not be established. In addition, an aircraft operating within a network shall monitor the appropriate VHF channel for calls from nearby aircraft.

2.2.1.3.1.2

If the attempts specified under 2.2.1.3.1.1 fail, the aircraft station shall transmit its message twice on the designated channel(s), preceded by the phrase "TRANSMITTING BLIND" and, if necessary, include the addressee(s) for which the message is intended.

2.2.1.3.1.2.1

In network operation, a message which is transmitted blind shall be transmitted twice on both primary and secondary channels. Before changing channel, the aircraft station shall announce the channel to which it is changing.

2.2.1.3.1.3

Receiver failure

2.2.1.3.1.3.1

When an aircraft station is unable to establish communication due to receiver failure, it shall transmit reports at the scheduled times, or positions, on the channel in use, preceded by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE". The aircraft station shall transmit the intended message, following this by a complete repetition. During this procedure, the aircraft shall also advise the time of its next intended transmission.

2.2.1.3.1.3.2

An aircraft which is provided with air traffic control or advisory service shall, in addition to complying with 2.2.1.3.1.3.1, transmit information regarding the intention of the pilot-in-command with respect to the continuation of the flight of the aircraft.

2.2.1.3.1.3.3

When an aircraft is unable to establish communication due to airborne equipment failure it shall, when so equipped, select the appropriate SSR code to indicate radio failure.

 

Note — General rules which are applicable in the event of communications failure are contained in Civil Aviation (Rules of the Air) Regulations 2020.

2.2.1.3.2

Ground-to-air-communication

2.2.1.3.2.1

When an aeronautical station has been unable to establish contact with an aircraft station after calls on the frequencies on which the aircraft is believed to be listening, it shall—

 

    (a)    request other aeronautical stations to render assistance by calling the aircraft and relaying traffic, if necessary; and

 

    (b)    request aircraft on the route to attempt to establish communication with the aircraft and relay traffic, if necessary.

2.2.1.3.2.2

The provisions of 2.2.1.3.2.1 shall also be applied—

 

    (a)    on request of the air traffic services unit concerned; and

 

    (b)    when an expected communication from an aircraft has not been received within a time period such that the occurrence of a communication failure is suspected.

 

Note: A specific time period may be prescribed by the appropriate ATS Authority.

2.2.1.3.2.3

If the attempts specified in 2.2.1.3.2.1 fail, the aeronautical station shall transmit messages addressed to the aircraft, other than messages containing air traffic control clearances, by blind transmission on the frequency(ies) on which the aircraft is believed to be listening.

2.2.1.3.2.4

Blind transmission of air traffic control clearances shall not be made to aircraft, except at the specific request of the originator.

2.2.1.3.3

Notification of communications failure. The air-ground control radio station shall notify the appropriate air traffic services unit and the aircraft operating agency, as soon as possible, of any failure in air-ground communication.

2.2.2

HF message handling

2.2.2.1

General

2.2.2.1.1

When operating within a network, an aircraft station shall, in principle, whenever communications conditions so permit, transmit its messages to the stations of the network from which they can be most readily delivered to their ultimate destinations. In particular, aircraft reports required by air traffic services shall be transmitted to the network station serving the flight information centre or area control centre in whose area the aircraft is flying. Conversely, messages to aircraft in flight shall, whenever possible, be transmitted directly to the aircraft by the network station serving the location of the originator.

Note: Exceptionally, an aircraft may need to communicate with an aeronautical station outside the network appropriate to its particular route segment. This is permissible, provided it can be done without interrupting the continuous watch with the communication network appropriate to the route segment, when such watch is required by the appropriate ATS Authority, and provided it does not cause undue interference with the operation of other aeronautical stations.

2.2.2.1.2

Messages passed from an aircraft to a network station shall, whenever possible, be intercepted and acknowledged by other stations of the network, which serve locations where the information is also required.

Note 1. — Determination of the arrangements for dissemination of air-ground messages without address will be a matter for multilateral or local agreement.

Note 2. — In principle, the number of stations required to intercept are to be kept to a minimum consistent with the operational requirement.

2.2.2.1.2.1

Acknowledgement of intercept shall be made immediately after the acknowledgement of receipt by the station to which the message was passed.

2.2.2.1.2.2

Acknowledgement of an intercept message shall be made by transmitting the radio call sign of the station having intercepted the message, followed by the word ROGER, if desired, and the call sign of the station having transmitted the message.

2.2.2.1.2.3

In the absence of acknowledgement of intercept within one minute, the station accepting the message from the aircraft shall forward it, normally over the aeronautical fixed service, to the station(s) which have failed to acknowledge intercept.

2.2.2.1.2.3.1

If, in abnormal circumstances, forwarding is necessary using the air-ground channels, the provisions of 2.1.2.3.4 shall be observed.

2.2.2.1.2.4

When such forwarding is done over the aeronautical fixed telecommunication network, the messages shall be addressed to the network station(s) concerned.

2.2.2.1.2.5

The station(s) to which the messages have been forwarded shall carry out local distribution of them in the same way as if they had been received directly from the aircraft over the air-ground channel.

2.2.2.1.2.6

The aeronautical station receiving an air-report or a message containing meteorological information transmitted by an aircraft in flight shall forward the message without delay—

 

(1) to the air traffic services unit and meteorological offices associated with the station; and

 

(2) to the aircraft operating agency concerned or its representative when that agency has made a specific request to receive such messages.

2.2.2.1.3

The provisions of 2.1.2.3.4 shall also be applied, if practicable, in non-network operation.

2.2.2.1.4

When a message addressed to an aircraft in flight is received by the aeronautical station included in the address, and when that station is not able to establish communication with the aircraft to which the message is addressed, the message shall be forwarded to those aeronautical stations on the route which may be able to establish communication with the aircraft.

 

Note — This does not preclude the transmission by the forwarding aeronautical station, of the original message to the aircraft addressed, if the forwarding station is later able to communicate with that aircraft.

2.2.2.1.4.1

If the aeronautical station to which the message is addressed is unable to dispose of the message in accordance with 2.2.2.1.4, the station of origin shall be advised.

2.2.2.1.4.2

The aeronautical station forwarding the message shall amend the address thereof, by substituting for its own location indicator the location indicator of the aeronautical station to which the message is being forwarded.

2.2.2.2

Transmission of ATS messages to aircraft

2.2.2.2.1

If it is not possible to deliver an ATS message to the aircraft within the time specified by ATS, the aeronautical station shall notify the originator. Thereafter, it shall take no further action with respect to this message unless specifically instructed by ATS.

2.2.2.2.2

If delivery of an ATS message is uncertain because of inability to secure an acknowledgement, the aeronautical station shall assume that the message has not been received by the aircraft and shall advise the originator immediately that, although the message has been transmitted, it has not been acknowledged.

2.2.2.2.3

The aeronautical station, having received the message from ATS, shall not delegate to another station the responsibility for delivery of the message to the aircraft. However, in case of communication difficulties, other stations shall assist, when requested, in relaying the message to the aircraft. In this case, the station having received the message from ATS shall obtain without delay definite assurance that the aircraft has correctly acknowledged the message.

2.2.2.3

Recording of air-ground communications on teletypewriter

2.2.2.3.1

When recording on teletypewriter, the following procedure should be used—

 

    (a)    each line should begin at the left margin;

 

    (b)    a new line should be used for each transmission;

 

    (c)    each communication should contain some or all of the following items in the order shown—

 

        1)    call sign of the calling station;

 

        2)    text of the message;

 

        3)    call sign of the station called or the receiving station, followed by the appropriate abbreviation to indicate "Received", "Readback", or "No reply heard";

 

        4)    call sign of station(s) acknowledging intercept followed by appropriate abbreviation to indicate "Received";

 

        5)    designation of frequency used;

 

        6)    time in UTC of the communication;

 

    (d)    missing parts of the message text should be indicated by typing the three periods (space . space . space . space) or three letters M (space M space M space M space); and

 

    (e)    correction of typing errors should be made by keyboard manipulation (space E space E space E space), followed by the correct information. Errors detected after the completion of the entry should be corrected after the last entry, using the abbreviation COR, followed by the correct information.

2.2.3

SELCAL procedures

 

Note: The procedures contained in 2.2.4 are applicable when SELCAL is used and replace certain of the procedures related to calling contained in 2.1.1.

2.2.3.1

General

2.2.3.1.1

With the selective calling system known as SELCAL, the voice calling is replaced by the transmission of coded tones to the aircraft over the radiotelephony channels. A single selective call consists of a combination of four pre-selected audio tones whose transmission requires approximately 2 seconds. The tones are generated in the aeronautical station coder and are received by a decoder connected to the audio output of the airborne receiver. Receipt of the assigned tone code (SELCAL code) activates a cockpit call system in the form of light and/or chime signals.

Note: Due to the limited number of SELCAL codes, similar code assignments to multiple aircraft may be expected. Therefore, the use of correct radiotelephony (RTF) procedures contained in this chapter is emphasised when establishing communications via SELCAL.

2.2.3.1.2

SELCAL shall be utilised by suitably equipped stations for ground-to-air selective calling on the en route HF and VHF radio channels.

2.2.3.1.3

On aircraft equipped with SELCAL, the pilot is still able to keep a conventional listening watch if required.

2.2.3.2

Notification to aeronautical stations of aircraft SELCAL codes

2.2.3.2.1

It shall be the responsibility of the aircraft operating agency and the aircraft to ensure that all aeronautical stations, with which the aircraft would normally communicate during a particular flight, know the SELCAL code associated with its radiotelephony call sign.

2.2.3.2.2

When practicable, the aircraft operating agency shall disseminate to all aeronautical stations concerned, at regular intervals, a list of SELCAL codes assigned to its aircraft or flights.

2.2.3.2.3

The aircraft shall—

 

    a)    include the SELCAL code in the flight plan submitted to the appropriate air traffic services unit; and

 

    b)    ensure that the HF aeronautical station has the correct SELCAL code information by establishing communications temporarily with the HF aeronautical station while still within VHF coverage.

 

Note: Provisions regarding completion of the flight plan are set forth in the Civil Aviation (Air Traffic Services) Regulations 2020

2.2.3.3

Pre-flight check

2.2.3.3.1

The aircraft station shall contact the appropriate aeronautical station and request a pre-flight SELCAL check and, if necessary, give its SELCAL code.

2.2.3.3.2

When primary and secondary frequencies are assigned, a SELCAL check shall normally be made first on the secondary frequency and then on the primary frequency. The aircraft station shall then be ready for continued communication on the primary frequency.

2.2.3.3.3

If the pre-flight check reveal that either the ground or airborne SELCAL installation is inoperative, the aircraft shall maintain a continuous listening watch on its subsequent flight until SELCAL again becomes available.

2.2.3.4

Establishment of communications

2.2.3.4.1

When an aeronautical station initiates a call by SELCAL, the aircraft shall reply with its radio call sign, followed by the phrase "GO AHEAD".

2.2.3.5

En route procedures

2.2.3.5.1

Aircraft stations shall ensure that the appropriate aeronautical station(s) are aware that SELCAL watch is being established or maintained.

2.2.3.5.2

When so prescribed on the basis of regional air navigation agreements, calls for scheduled reports from aircraft shall be initiated by an aeronautical station by means of SELCAL.

2.2.3.5.3

Once SELCAL watch has been established by a particular aircraft station, aeronautical stations shall employ SELCAL whenever they require to call aircraft.

2.2.3.5.4

In the event the SELCAL signal remains unanswered after two calls on the primary frequency and two calls on the secondary frequency, the aeronautical station shall revert to voice calling.

2.2.3.5.5

Stations in a network shall keep each other immediately advised when malfunctioning occurs in a SELCAL installation on the ground or in the air. Likewise, the aircraft shall ensure that the aeronautical stations concerned with its flight are immediately made aware of any malfunctioning of its SELCAL installation, and that voice calling is necessary.

2.2.3.5.6

All stations shall be advised when the SELCAL installation is again functioning normally.

2.2.3.6

SELCAL code assignment to aircraft

2.2.3.6.1

In principle, the SELCAL code in the aircraft shall be associated with the radiotelephony call sign, i.e. where the flight number (service number) is employed in the radio call sign, the SELCAL code in the aircraft shall be listed against the flight number. In all other cases, the SELCAL code in the aircraft shall be listed against the aircraft registration.

Note: The use of aircraft radio call signs, consisting of the airline abbreviation followed by the flight service number, is increasing among aircraft operators throughout the world. The SELCAL equipment in aircraft should, therefore, be of a type which permits a particular code being associated with a particular flight number, i.e. equipment which is capable of adjustment in code combinations. At this stage, however, many aircraft still carry SELCAL equipment of the single code type, and it will not be possible for aircraft with such equipment to satisfy the principle set out above. This should not militate against use of the flight number type of radio call sign by an aircraft so equipped if it wishes to apply this type of call sign, but it is essential when a single code airborne equipment is used in conjunction with a flight number type radio call sign that the ground stations be advised in connection with each flight of the SELCAL code available in the aircraft.

3.1     Distress and urgency radiotelephony communication procedures

3.1.1    General

Note: The distress and urgency procedures contained in 3.1 relate to the use of radiotelephony. The provisions of Article S30 and Appendix S13 of the ITU Radio Regulations are generally applicable, except that S30.9 permits other procedures to be employed where special arrangements between governments exist, and are also applicable to radiotelephony communications between aircraft stations and stations in the maritime mobile service.

3.1.1.1

Distress and urgency traffic shall comprise all radiotelephony messages relative to the distress and urgency conditions respectively. Distress and urgency conditions are defined as—

 

    (a)    Distress: a condition of being threatened by serious and/or imminent danger and of requiring immediate assistance; and

 

    (b)    Urgency: a condition concerning the safety of an aircraft or other vehicle, or of some person on board or within sight, but which does not require immediate assistance.

3.1.1.2

The radiotelephony distress signal MAYDAY and the radiotelephony urgency signal PAN PAN shall be used at the commencement of the first distress and urgency communication respectively.

3.1.1.2.1

At the commencement of any subsequent communication in distress and urgency traffic, it shall be permissible to use the radiotelephony distress and urgency signals.

3.1.1.3

The originator of messages addressed to an aircraft in distress or urgency condition shall restrict to the minimum the number and volume and content of such messages as required by the condition.

3.1.1.4

If no acknowledgement of the distress or urgency message is made by the station addressed by the aircraft, other stations shall render assistance, as prescribed in 3.2.2 and 3.3.2 respectively.

Note: "Other stations" is intended to refer to any other station which has received the distress or urgency message and has become aware that it has not been acknowledged by the station addressed.

3.1.1.5

Distress and urgency traffic shall normally be maintained on the frequency on which such traffic was initiated until it is considered that better assistance can be provided by transferring that traffic to another frequency.

 

Note: 121.5 MHz or alternative available VHF or HF frequencies may be used as appropriate.

3.1.1.6

In cases of distress and urgency communications, in general, the transmissions by radiotelephony shall be made slowly and distinctly, each word being clearly pronounced to facilitate transcription.

3.2     Radiotelephony distress communications

3.2.1

Action by the aircraft in distress

3.2.1.1.1

In addition to being preceded by the radiotelephony distress signal MAYDAY, preferably spoken three times, the distress message to be sent by an aircraft in distress shall—

 

    (a)    be on the air-ground frequency in use at the time;

 

    (b)    consist of as many as possible of the following elements spoken distinctly and, if possible, in the following order—

 

        (1)    name of the station addressed (time and circumstances permitting);

 

        (2)    the identification of the aircraft;

 

        (3)    the nature of the distress condition;

 

        (4)    intention of the person in command;

 

        (5)    present position, level (i.e. flight level, altitude, etc., as appropriate) and heading.

Note 1.: The foregoing provisions may be supplemented by the following measures—

a)    the distress message of an aircraft in distress being made on the emergency frequency 121.5 MHz or another aeronautical mobile frequency, if considered necessary or desirable. Not all aeronautical stations maintain a continuous guard on the emergency frequency;

b)    the distress message of an aircraft in distress being broadcast, if time and circumstances make this course preferable;

c)    the aircraft transmitting on the maritime mobile service radiotelephony calling frequencies;

d)    the aircraft using any means at its disposal to attract attention and make known its conditions (including the activation of the appropriate SSR mode and code);

e)    any station taking any means at its disposal to assist an aircraft in distress;

f)    any variation on the elements listed under 3.2.1.1 b, when the transmitting station is not itself in distress, provided that such circumstance is clearly stated in the distress message.

Note 2.: The station addressed will normally be that station communicating with the aircraft or in whose area of responsibility the aircraft is operating.

3.2.1.2

Action by the station addressed or first station acknowledging the distress message

3.2.1.2.1

The station addressed by aircraft in distress, or first station acknowledging the distress message, shall—

 

    (a)    immediately acknowledge the distress message;

 

    (b)    take control of the communications or specifically and clearly transfer that responsibility, advising the aircraft if a transfer is made;

 

    (c)    take immediate action to ensure that all necessary information is made available, as soon as possible, to—

 

        (1)    the ATS unit concerned;

 

        (2)    the aircraft operating agency concerned, or its representative, in accordance with pre-established arrangements;

Note: The requirement to inform the aircraft operating agency concerned does not have priority over any other action which involves the safety of the flight in distress, or of any other flight in the area, or which might affect the progress of expected flights in the area.

 

    (d)    warn other stations, as appropriate, in order to prevent the transfer of traffic to the frequency of the distress communication.

3.2.1.3

Imposition of silence

3.2.1.3.1

The station in distress, or the station in control of distress traffic, shall be permitted to impose silence, either on all stations of the mobile service in the area or on any station which interferes with the distress traffic. It shall address these instructions "to all stations", or to one station only, according to circumstances. In either case, it shall use—

 

— STOP TRANSMITTING;

 

— the radiotelephony distress signal MAYDAY.

3.2.1.3.2

The use of the signals specified in 3.2.3.1 shall be reserved for the aircraft station in distress and for the station controlling the distress traffic.

3.2.1.4

Action by all other stations

3.2.1.4.1

The distress communications have absolute priority over all other communications, and a station aware of them shall not transmit on the frequency concerned, unless—

 

    (a)    the distress is cancelled or the distress traffic is terminated;

 

    (b)    all distress traffic has been transferred to other frequencies;

 

    (c)    the station controlling communications gives permission;

 

    (d)    it has itself to render assistance.

3.2.1.4.2

Any station which has knowledge of distress traffic, and which cannot itself assist the station in distress, shall nevertheless continue listening to such traffic until it is evident that assistance is being provided.

3.2.2

Termination of distress communications and of silence

3.2.2.1

When an aircraft is no longer in distress, it shall transmit a message cancelling the distress condition.

3.2.2.1.1

When the station which has controlled the distress communication traffic becomes aware that the distress condition is ended, it shall take immediate action to ensure that this information is made available, as soon as possible, to—

 

(1)    the ATS unit concerned;

 

(2)    the aircraft operating agency concerned, or its representative, in accordance with pre-established arrangements.

3.2.2.1.2

The distress communication and silence conditions shall be terminated by transmitting a message, including the words "DISTRESS TRAFFIC ENDED", on the frequency or frequencies being used for the distress traffic. This message shall be originated only by the station controlling the communications when, after the reception of the message prescribed in 3.2.2.1, it is authorised to do so by the appropriate authority.

3.2.3

Radiotelephony urgency communications

3.2.3.1

Action by the aircraft reporting an urgency condition except as indicated in 3.2.3.4

3.2.3.1.1

In addition to being preceded by the radiotelephony urgency signal PAN PAN preferably spoken three times and each word of the group pronounced as the French word "panne", the urgency message to be sent by an aircraft reporting an urgency condition shall—

 

    (a)    be on the air-ground frequency in use at the time; and

 

    (b)    consist of as many as required of the following elements spoken distinctly and, where possible, in the following order—

 

        (1)    the name of the station addressed;

 

        (2)    the identification of the aircraft;

 

        (3)    the nature of the urgency condition;

 

        (4)    the intention of the person in command;

 

        (5)    present position, level (i.e. flight level, altitude, etc., as appropriate) and heading;

 

        (6)    any other useful information.

 

Note 1.:The foregoing provisions of 3.2.3.1.1 are not intended to prevent an aircraft broadcasting an urgency message, if time and circumstances make this course preferable.

 

Note 2.: The station addressed will normally be that station communicating with the aircraft or in whose area of responsibility the aircraft is operating.

3.2.3.2

Action by the station addressed or first station acknowledging the urgency message

3.2.3.2.1

The station addressed by an aircraft reporting an urgency condition, or first station acknowledging the urgency message, shall—

 

    (a)    acknowledge the urgency message;

 

    (b)    take immediate action to ensure that all necessary information is made available, as soon as possible, to—

 

        (1)    the ATS unit concerned;

 

        (2)    the aircraft operating agency concerned, or its representative, in accordance with pre-established arrangements;

 

Note: The requirement to inform the aircraft operating agency concerned does not have priority over any other action which involves the safety of the flight in distress, or of any other flight in the area, or which might affect the progress of expected flights in the area.

 

    (c)    where necessary, exercise control of communications.

3.2.3.3

Action by all other stations

3.2.3.3.1

The urgency communications have priority over all other communications, except distress, and all stations shall take care not to interfere with the transmission of urgency traffic.

3.2.3.4

Action by an aircraft used for medical transports

3.2.3.4.1

The use of the signal described in 3.2.3.4.2 shall indicate that the message which follows concerns a protected medical transport pursuant to the 1949 Geneva Conventions and Additional Protocols.

3.2.3.4.2

For the purpose of announcing and identifying aircraft used for medical transports, a transmission of the radiotelephony urgency signal PAN PAN, preferably spoken three times, and each word of the group pronounced as the French word "panne", shall be followed by the radiotelephony signal for medical transports MAY-DEE-CAL, pronounced as in the French "médical". The use of the signals described above indicates that the message which follows concerns a protected medical transport. The message shall convey the following data—

 

    (a)    the call sign or other recognised means of identification of the medical transports;

 

    (b)    position of the medical transports;

 

    (c)    number and type of medical transports;

 

    (d)    intended route;

 

    (e)    estimated time en route and of departure and arrival, as appropriate; and

 

    (f)    any other information such as flight altitude, radio frequencies guarded, languages used, and secondary surveillance radar modes and codes.

3.2.3.5

Action by the station addressed or by other stations receiving a medical transports message.

 

The provisions of 3.2.3.2 and 3.2.3.3 shall apply as appropriate to stations receiving a medical transports message.

SCHEDULE 6
Aeronautical Mobile Service – Data Link communications

(regs 78 and 80)

1.1     General

Note 1.: While the provisions of this Schedule are based primarily on the use of controller-pilot data link communications (CPDLC), the provisions of 1.1.1 would apply to other data link applications, where applicable, including Data link – flight information services (e.g. D-ATIS, DVOLMET, etc.).

Note 2.: For the purposes of these provisions, the communication procedures applicable to the aeronautical mobile service, as appropriate, also apply to the aeronautical mobile-satellite service.

1.1.1

Data link initiation capability (DLIC)

1.1.1.1

General

1.1.1.1.1

Before entering an airspace where data link applications are used by the ATS unit, data link communications shall be initiated between the aircraft and the ATS unit in order to register the aircraft and, when necessary, allow the start of a data link application. This shall be initiated by the aircraft, either automatically or by the pilot, or by the ATS unit on address forwarding.

1.1.1.1.2

The logon address associated with an ATS unit shall be published in Aeronautical Information Publications in accordance with Civil Aviation (Aeronautical Information Services) Regulations.

Note: A given FIR may have multiple logon addresses; and more than one FIR may share the same logon address.

1.1.1.2

Aircraft initiation

 

On receipt of a valid data link initiation request from an aircraft approaching or within a data link service area, the ATS unit shall accept the request and, if able to correlate it with a flight plan, shall establish a connection with the aircraft.

1.1.1.3

ATS unit forwarding

 

The ground system initially contacted by the aircraft shall provide to the next ATS unit any relevant updated aircraft information in sufficient time to permit the establishment of data link communications.

1.1.1.4

Failure

1.1.1.4.1

In the case of a data link initiation failure, the data link system shall provide an indication of the failure to the appropriate ATS unit(s). The data link system shall also provide an indication of the failure to the flight crew when a data link initiation failure results from a logon initiated by the flight crew.

Note: When the aircraft’s logon request results from responding to a contact request by a transferring ATS unit, then both ATS units will receive the indication.

1.1.1.4.2

The ATS unit shall establish procedures to resolve, as soon as practicable, data link initiation failures. Procedures shall include, as a minimum, verifying that the aircraft is initiating a data link request with the appropriate ATS unit (i.e. the aircraft is approaching or within the ATS unit’s control area); and if so—

 

    (a)    when a flight plan is available, verify that the aircraft identification, aircraft registration, or aircraft address and other details contained in the data link initiation request correspond with details in the flight plan, and where differences are detected verify the correct information and then make the necessary changes; or

 

    (b)    when a flight plan is not available, create a flight plan with sufficient information in the flight data processing system, to achieve a successful data link initiation; then

 

    (c)    arrange for the re-initiation of the data link.

1.1.1.4.3

The aircraft operator shall establish procedures to resolve, as soon as practicable, data link initiation failures. Procedures shall include, as a minimum, that the pilot—

 

    (a)    verify the correctness and consistency of the flight plan information available in the FMS or equipment from which data link is initiated, and where differences are detected make the necessary changes; and

 

    (b)    verify the correct address of the ATS unit; then

 

    (c)    re-initiate data link.

1.1.2

Composition of data link messages

1.1.2.1

The text of messages shall be composed in standard message format (e.g. CPDLC message set), in plain language or in abbreviations and codes. Plain language shall be avoided when the length of the text can be reduced by using appropriate abbreviations and codes. Non-essential words and phrases, such as expressions of politeness, shall not be used.

1.1.2.2

The following characters are allowed in the composition of messages—

 

Letters: ABCDEFGHIJKLMNOPQRSTUVWXYZ (uppercase only)

 

Figures: 1234567890

 

Other signs—

 

- (hyphen)

 

? (question mark)

 

: (colon)

 

( (open bracket)

 

) (close bracket)

 

. (full stop, period, or decimal point)

 

, (comma)

 

’ (apostrophe)

 

= (double hyphen or equal sign)

 

/ (oblique)

 

+ (plus sign) and the space character.

 

Characters other than those listed above shall not be used in messages.

1.1.2.3

Roman numerals shall not be employed. If the originator of a message wishes the addressee to be informed that Roman figures are intended, the Arabic figure or figures shall be written and preceded by the word ROMAN.

1.1.3

Display of data link messages

1.1.3.1

Ground and airborne systems shall allow for messages to be appropriately displayed, printed when required, and stored in a manner that permits timely and convenient retrieval should such action be necessary.

1.1.3.2

Whenever textual presentation is required, the English language shall be displayed as a minimum.

1.2        CPDLC procedures

1.2.1

In all communications the highest standard of discipline shall be observed at all times.

1.2.1.1

Consequences of human performance, which could affect the accurate reception and comprehension of messages, shall be taken into consideration when composing a message.

1.2.2

Ground and airborne systems shall provide controllers and pilots with the capability to review and validate any operational messages they send.

1.2.3

Ground and airborne systems shall provide controllers and pilots with the capability to review, validate and when applicable, acknowledge any operational messages they receive.

1.2.4

The controller shall be provided with the capability to respond to messages, including emergencies, to issue clearances, instructions and advisories, and to request and provide information, as appropriate.

1.2.5

The pilot shall be provided with the capability to respond to messages, to request clearances and information, to report information, and to declare or cancel an emergency.

1.2.6

The pilot and the controller shall be provided with the capability to exchange messages which include standard message elements, free text message elements or a combination of both.

1.2.7

Unless specified by the appropriate ATS authority, voice readback of CPDLC messages shall not be required.

1.2.8

Establishment of CPDLC

1.2.8.1

The controller and the pilot shall be informed when CPDLC has been successfully established.

1.2.8.2

CPDLC shall be established in sufficient time to ensure that the aircraft is communicating with the appropriate ATC unit.

1.2.8.3

The controller and pilot shall be informed when CPDLC is available for operational use, at initial establishment, as well as on resumption of CPDLC after a failure.

1.2.8.4

The pilot shall be able to identify the air traffic unit providing the air traffic control service at any time while the service is being provided.

1.2.8.5

When the airborne system detects that CPDLC is available for operational use, it shall send the CPDLC downlink message element CURRENT DATA AUTHORITY.

1.2.8.6

Airborne-initiated CPDLC

1.2.8.6.1

When an ATC unit receives an unexpected request for CPDLC from an aircraft, the circumstances leading to the request shall be obtained from the aircraft to determine further action.

1.2.8.6.2

When the ATC unit rejects a request for CPDLC, it shall provide the pilot with the reason for the rejection using an appropriate CPDLC message.

1.2.8.7

ATC unit-initiated CPDLC

1.2.8.7.1

An ATC unit shall only establish CPDLC with an aircraft if the aircraft has no CPDLC link established, or when authorised by the ATC unit currently having CPDLC established with the aircraft.

1.2.8.7.2

When a request for CPDLC is rejected by an aircraft, the reason for the rejection shall be provided using CPDLC downlink message element NOT CURRENT DATA AUTHORITY or message element NOT AUTHORISED NEXT DATA AUTHORITY, as appropriate. Local procedures shall dictate whether the reason for rejection is presented to the controller. No other reasons for airborne rejection of ATC unit initiation of CPDLC shall be permitted.

1.2.9

Exchange of operational CPDLC messages

1.2.9.1

Controllers and pilots shall construct CPDLC messages using standard message elements, free text message elements or a combination of both.

1.2.9.1.1

When CPDLC is being used, and the intent of the message is included in the CPDLC message set contained in the PANS-ATM, the associated standard message elements shall be used.

1.2.9.1.2

Except as provided by 1.2.12.1, when a controller or pilot communicates via CPDLC, the response shall be via CPDLC, When a controller or pilot communicates via voice, the response shall be via voice.

1.2.9.1.3

Whenever a correction to a message sent via CPDLC is deemed necessary or the contents of a message needs to be clarified, the controller or pilot shall use the most appropriate means available for issuing the correct details or for providing clarification.

Note: The following procedures may be applied by the controller, in terms of correcting clearances, instructions or information, or by a pilot, in terms of correcting a reply to an uplink message or correcting previously advised requests or information.

1.2.9.1.3.1

When voice communications are used to correct a CPDLC message for which no operational response has yet been received, the controller’s or pilot’s transmission shall be prefaced by the phrase: "DISREGARD CPDLC (message type) MESSAGE, BREAK" — followed by the correct clearance, instruction, information or request.

Note: It is possible that, at the time the voice communicated clarification is transmitted, the CPDLC message being referred to has not yet reached the recipient, or has reached the recipient but has not been acted upon, or has reached the recipient and has been acted upon.

1.2.9.1.3.2

When referring to and identifying the CPDLC message to be disregarded, caution shall be exercised in its phrasing so as to avoid any ambiguity with the issuance of the accompanying corrected clearance, instruction, information or request.

 

Note:     For example, if SAS445, maintaining FL290, had been instructed via CPDLC to climb to FL350, and the controller needs to correct the clearance utilising voice communications, the following phrase might be used—

 

SAS445 DISREGARD CPDLC CLIMB CLEARANCE MESSAGE, BREAK, CLIMB TO FL310.

1.2.9.1.3.3

If a CPDLC message that requires an operational response is subsequently negotiated via voice, an appropriate CPDLC message closure response shall be sent to ensure proper synchronisation of the CPDLC dialogue. This could be achieved either by explicitly instructing the recipient of the message via voice to close the dialogue or by allowing the system to automatically close the dialogue.

1.2.9.2

The composition of a CPDLC message shall not exceed five message elements, only two of which may contain the route clearance variable.

1.2.9.2.1

The use of long messages or messages with multiple clearance elements, multiple clearance request elements or messages with a combination of clearances and information shall be avoided where possible.

1.2.9.3

CPDLC ground systems and airborne systems shall be capable of using the CPDLC message alert attributes in order to draw attention to higher priority messages.

Note: Message attributes dictate certain message handling requirements for the CPDLC user receiving a message. Each CPDLC message has two attributes: alert and response attributes. When a message contains multiple message elements, the highest precedence message element attribute type becomes the attribute type for the entire message.

1.2.9.3.1

The alert attribute shall delineate the type of alerting required upon message receipt. Alert types are presented in Table 1-1

1.2.9.3.2

The response attribute shall delineate valid responses for a given message element. Response types are presented in Table 1-2 for uplink messages and Table 1-3 for downlink messages.

1.2.9.3.3.1

When a multi-element message requires a response, the response shall apply to all message elements.

Note: For example, a multi-element message containing CLIMB TO FL310 MAINTAIN MACH.84, a WILCO response applies to, and indicates compliance with, both elements of the message.

1.2.9.3.3.2

When a single message element clearance or any part of a multi-element clearance message cannot be complied with, the pilot shall send an UNABLE response for the whole message.

1.2.9.3.3.3

The controller shall respond with an UNABLE message that applies to all elements of the request when no element(s) of a single or multi-element clearance request can be approved. The current clearance(s) shall not be restated.

1.2.9.3.3.4

When a multi-element clearance request can only be partially accommodated, the controller shall respond with an UNABLE message applying to all the message elements of the request and, if appropriate, include a reason and/or information on when a clearance may be expected.

 

Table 1-1 Alert Attribute (Uplink and Downlink)

Type

Description

Precedence

H

High

1

M

Medium

2

L

Low

3

N

No alerting required

4

Table 1-2. Response Attribute (Uplink)

Type

Response required

Valid responses

Precedence

W/U

Yes

WILCO, UNABLE, STANDBY,
NOT CURRENT DATA AUTHORITY, NOT AUTHORISED NEXT DATA AUTHORITY, LOGICAL ACKNOWLEDGEMENT (only if required),
ERROR

1

A/N

Yes

AFFIRM, NEGATIVE, STANDBY,
NOT CURRENT DATA AUTHORITY, NOT AUTHORISED NEXT DATA AUTHORITY, LOGICAL ACKNOWLEDGEMENT (only if required), ERROR

2

R

Yes

ROGER, UNABLE, STANDBY,
NOT CURRENT DATA AUTHORITY, NOT AUTHORISED NEXT DATA AUTHORITY, LOGICAL ACKNOWLEDGEMENT (only if required), ERROR

3

Y

Yes

Any CPDLC downlink message,
LOGICAL ACKNOWLEDGEMENT (only if required)

4

N

No, unless logical acknowledgement required

LOGICAL ACKNOWLEDGEMENT (only if required),
NOT CURRENT DATA AUTHORITY, NOT AUTHORISED NEXT DATA AUTHORITY, ERROR

5

Table 1-3 Response Attribute (Downlink)

Type

Response Required

Valid Responses

Precedence

Y

Yes

Any CPDLC uplink message,
LOGICAL
ACKNOWLEDGEMENT
(only if required)

1

N

No, unless logical acknowledgement required

LOGICAL
ACKNOWLEDGEMENT
(only if
required),
MESSAGE NOT SUPPORTED BY THIS ATC UNIT, ERROR

2

Note: A separate CPDLC message (or messages) may subsequently be transmitted to respond to those elements that can be accommodated.

1.2.9.3.3.5

When all elements of a single or multi-element clearance request can be accommodated, the controller shall respond with clearances corresponding to each element of the request. This response shall be a single uplink message.

Note:     For example, while messages containing multi-element clearance requests are to be avoided, a multi-element downlink message containing the indicated message elements—

REQUEST CLEARANCE YQM YYG YYT YQX
TRACK X E!NN EDDF
REQUEST CLIMB TO FL350
REQUEST MACH 0.84

could be responded to with—

CLEARED YQM YYG YYT YQX TRACK X EINN
EDDF CLIMB TO FL350
REPORT MAINTAINING
CROSS YYG AT OR AFTER 1150
NO SPEED RESTRICTION.

1.2.9.3.3.6

When a CPDLC message contains more than one message element and the response attribute for the message is Y, when utilised, the single response message shall contain the corresponding number of replies in the same order.

Note: For example, a multi-element uplink message containing

CONFIRM SQUAWK
WHEN CAN YOU ACCEPT FL410

could be responded to with

SQUAWKING 5525
WE CAN ACCEPT FL410 AT 1636Z

1.2.9.4

When a ground or airborne system generates the CPDLC message ERROR, the reason for the error shall be included in the message.

1.2.9.5

The appropriate ATS authority shall select those message elements contained in PANS-ATM that support operations in their airspace. Should an ATS authority choose to select a subset of the message elements, and a received message does not belong to this subset, the ATC unit shall respond by up-linking the message element MESSAGE NOT SUPPORTED BY THIS ATC UNIT.

Note: Further processing of the received message is not required.

1.2.9.5.1

Only the uplink messages appropriate to a particular control sector’s operations shall be provided to the controller.

Note: The CPDLC message set contained in PANS-ATM was developed to encompass different air traffic management environments.

1.2.9.5.2

Information concerning CPDLC message element subsets, shall be published in the Aeronautical Information Publications (AIPs).

1.2.9.6

Transfer of CPDLC

1.2.9.6.1

When CPDLC is transferred, the transfer of voice communications and CPDLC shall commence concurrently.

1.2.9.6.2

When an aircraft is transferred from an ATC unit where CPDLC is available to an ATC unit where CPDLC is not available, CPDLC termination shall commence concurrent with the transfer of voice communications.

1.2.9.6.3

When a transfer of CPDLC results in a change of data authority, and there are still messages for which the closure response has not been received (i.e. messages outstanding), the controller transferring the CPDLC shall be informed.

1.2.9.6.3.1

If the controller needs to transfer the aircraft without replying to any downlink message(s) outstanding, the system shall have the capability to automatically send the appropriate closure response message(s). In such cases, the contents of any automatically sent closure response message(s) shall be promulgated in local instructions.

1.2.9.6.3.2

When the controller decides to transfer the aircraft without receiving pilot responses to any uplink message(s) outstanding, the ground system shall have the capability to automatically end the dialogue for each message prior to the transfer.

1.2.9.6.3.2.1

The controller shall revert to voice communications to clarify any ambiguity associated with the message(s) outstanding.

1.2.9.6.4

When a transfer of CPDLC does not result in a change of data authority, and there are still messages outstanding, these messages shall either be forwarded to the appropriate controller or shall be closed in accordance with local instructions and, if necessary, letters of agreement.

1.2.10    

Display of CPDLC messages

 

ATC units utilising a CPDLC message contained in the PANS-ATM shall display the associated text pertaining to that message as presented in the PANS-ATM.

1.2.11

Free text messages-elements.

1.2.11.1

The use of free text messages by controllers or pilots, shall be avoided.

Note: Whilst it is recognised that non-routine and emergency situations may necessitate the use of free text, particularly when voice communication has failed, the avoidance of utilising free text messages is intended to reduce the possibility of misinterpretation and ambiguity.

1.2.11.2

When the CPDLC message set contained in the Civil Aviation (Air Traffic Services) Regulations does not provide for specific circumstances, the appropriate ATS authority may determine that it is acceptable to use free text message elements. In such cases, the appropriate ATS authority, in consultation with operators and other ATS authorities that may be concerned, shall define display format, intended use and attributes for each free text message element and publish them with relevant procedures in the Aeronautical Information Publications.

1.2.11.3

Free text message elements shall be stored for selection within the aircraft or ground system to facilitate their use.

1.2.12

Emergencies, hazards and equipment failure procedures

1.2.12.1

When a CPDLC emergency message is received, the controller shall acknowledge receipt of the message by the most efficient means available.

1.2.12.2

When responding via CPDLC to all other emergency or urgency messages, uplink message ROGER shall be used.

1.2.12.3

When a CPDLC message requires a logical acknowledgement and/or an operational response, and such a response is not received, the pilot or controller, as appropriate, shall be alerted.

1.2.12.4

Failure of CPDLC

Note 1.: Action to be taken in the event of a data link initiation failure is covered in 1.1.1.4.

Note 2.: Action to be taken in the event of the failure of a single CPDLC message is covered in 1.2.12.7

1.2.12.4.1

A CPDLC failure shall be detected in a timely manner.

1.2.12.4.2

The controller and pilot shall be alerted to a failure of CPDLC as soon as a failure has been detected.

1.2.12.4.3

When a controller or pilot is alerted that CPDLC has failed, and the controller or pilot needs to communicate prior to CPDLC being restored, the controller or pilot shall revert to voice, if possible, and preface the information with the phrase—

 

CPDLC FAILURE

1.2.12.4.4

Controllers having a requirement to transmit information concerning a complete CPDLC ground system failure to all stations likely to intercept shall preface such a transmission by the general call ALL STATIONS CPDLC FAILURE, followed by the identification of the calling station.

Note: No reply is expected to such general calls unless individual stations are subsequently called to acknowledge receipt.

1.2.12.4.5

When CPDLC fails and communications revert to voice, all CPDLC messages outstanding shall be considered not delivered and the entire dialogue involving the messages outstanding shall be recommenced by voice.

1.2.12.4.6

When CPDLC fails but is restored prior to a need to revert to voice communications, all messages outstanding shall be considered not delivered and the entire dialogue involving the messages outstanding shall be recommenced via CPDLC.

1.2.12.5

INTENTIONAL SHUTDOWN OF CPDLC

1.2.12.5.1

When a system shutdown of the communications network or the CPDLC ground system is planned, a NOTAM shall be published to inform all affected parties of the shutdown period and if necessary, the details of the voice communication frequencies to be used.

1.2.12.5.2

Aircraft currently in communication with the ATC unit shall be informed by voice or CPDLC of any imminent loss of CPDLC service.

1.2.12.5.3

The controller and pilot shall be provided with the capability to abort CPDLC.

1.2.12.6

FAILURE OF A SINGLE CPDLC MESSAGE

 

When a controller or pilot is alerted that a single CPDLC message has failed, the controller or pilot shall take one of the following actions, as appropriate—

 

    a)    via voice, confirm the actions that will be undertaken with respect to the related dialogue, prefacing the information with the phrase—

 

CPDLC MESSAGE FAILURE;

 

    b)    via CPDLC, reissue the CPDLC message that failed.

1.2.12.7

DISCONTINUATION OF THE USE OF CPDLC PILOT REQUESTS

1.2.12.7.1

When a controller requires all stations or a specific flight to avoid sending CPDLC requests for a limited period of time, the following phrase shall be used—

((call sign) or ALL STATIONS) STOP SENDING CPDLC REQUESTS [UNTIL ADVISED] [(reason)]

Note: Under these circumstances, CPDLC remains available for the pilot to, if necessary, respond to messages, report information, and declare and cancel an emergency.

1.2.12.7.2

The resumption of the normal use of CPDLC shall be advised by using the following phrase—

((call sign) or ALL STATIONS) RESUME NORMAL CPDLC OPERATIONS

1.2.13

Where the testing of CPDLC with an aircraft could affect the air traffic services being provided to the aircraft, co-ordination shall be effected prior to such testing.

1.2.14

Downstream clearance delivery service

1.2.14.1

The appropriate ATS authority shall determine whether an ATC unit supports downstream clearance delivery service.

1.2.14.2

Establishment of downstream clearance delivery service

1.2.14.2.1

Downstream clearance delivery service shall only be initiated by the airborne system. The initiation shall indicate that this communication is only to receive a downstream clearance.

1.2.14.2.2

When an ATC unit rejects a request for downstream clearance delivery service, it shall provide the pilot with the reason for the rejection using the CPDLC message SERVICE UNAVAILABLE.

1.2.14.3

Operation of downstream clearance delivery service

1.2.14.3.1

The controller and pilot shall be informed when downstream clearance delivery service is available for operational communication.

1.2.14.3.2

The controller and pilot shall be informed of the failure of downstream clearance delivery service.

1.2.14.3.3

The CPDLC message elements that are permitted for downstream clearance delivery service shall be established by regional air navigation agreement.

1.2.14.3.4

A clearance request issued as a downstream clearance request shall be clearly identifiable as such to the controller.

1.2.14.3.5

A clearance issued as a downstream clearance shall be clearly identifiable as such to the pilot.

1.2.14.4

Termination of downstream clearance delivery service

1.2.14.4.1

Termination of downstream clearance delivery service shall only be initiated by the airborne system.

1.2.14.4.2

Downstream clearance delivery service with an ATC unit shall be terminated whenever the downstream data authority becomes the current data authority.

 

CIVIL AVIATION (RULES OF AIR) REGULATIONS

(section 89)

(6th June, 2022)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application of Regulations

PART II
General Flight Rules

    4.    Compliance with rules of air

    5.    Responsibility for compliance with rules of air

    6.    Authority of pilot-in-command of aircraft

    7.    Dangerous operation of aircraft

    8.    Problematic use of psychoactive substances

    9.    Low flying

    10.    Formation flights

    11.    Unmanned free balloons

    12.    Acrobatic manoeuvres

    13.    Right-hand traffic rule

    14.    Prohibited areas and restricted areas

    15.    Flights over game parks, game reserves and national parks

    16.    Cruising levels

    17.    Altimeter settings

    18.    Dropping, spraying, towing and parachute descents

    19.    Proximity to other aircraft

    20.    Remotely piloted aircraft

    21.    Right-of-way rules in air operations

    22.    Right-of-way rules in ground operations

    23.    Right-of-way rules in water operations

    24.    Coordinated Universal Time

PART III
Lights and Other Signals to be Shown or Made by Aircraft and Aerodrome

    25.    Display of lights and signals for aerodrome traffic

    26.    Failure of lights by night

    27.    Conditions for lights to be displayed by aircraft

    28.    Balloons, kites, airships, gliders and parascending parachutes

    29.    Captive balloons and kites by day

    30.    Captive balloons and kites by night

    31.    Airships by day and night

    32.    Anti-collision light

    33.    Simulated instrument flight conditions

    34.    Practice instrument approaches

    35.    Aerodromes not having air traffic control units

    36.    Aerodromes having air traffic control units

    37.    Operations on or in vicinity of aerodrome

    38.    Access to and movement in manoeuvring area

PART IV
Signals to be Displayed by Aircraft

    39.    Universal aviation signals

    40.    Misuse of signals and markings

    41.    Distress signals

    42.    Urgency signals

    43.    Aircraft interception and interception signals

    44.    Visual signals to warn unauthorised aircraft entering notified airspace

    45.    Marshalling signals – signalman to pilot

    46.    Marshalling signals – pilot to signalman

PART V
Flight Plans

    47.    Pre-flight action

    48.    Flight plan

    49.    Submission of flight plan

    50.    Completion of flight plan

    51.    Contents of flight plan

    52.    Changes to flight plan

    53.    Closing flight plan

PART VI
Air Traffic Control Services

    54.    Air traffic control clearances

    55.    Potential re-clearance in flight

    56.    Adherence to current flight plan

    57.    Route to be flown

    58.    Deviations from current flight plan

    59.    Air traffic control clearance – intended changes

    60.    Position reports

    61.    Communications

    62.    Communication failure – air-to-ground

    63.    Communication failure – ground-to-air

    64.    Unlawful interference of aircraft

    65.    Lawful interception of aircraft

PART VII
Miscellaneous Provisions

    66.    Reporting of hazardous conditions

    67.    Classification of airspace

    68.    Flight in Class A airspace

    69.    Co-ordination of activities potentially hazardous to civil aircraft

PART VIII
Visual Flight Rules

    70.    Weather limitations for visual flight rules flights

    71.    Visual meteorological conditions

    72.    Visual flight rules within control zone

    73.    Minimum safe visual flight rules altitudes

    74.    Air traffic control clearances for visual flight rules flights

    75.    Weather deterioration below visual meteorological conditions

    76.    Visual flight rules flight within designated areas

    77.    Choice of visual flight rules or instrument flight rules

    78.    Special visual flight rules flight

    79.    Changing from visual flight rules to instrument flight rules

PART IX
Instrument Flight Rules

    80.    Aircraft equipment

    81.    Instrument flight rules flights in controlled airspace

    82.    Instrument flight rules flights outside controlled airspace

    83.    Malfunction reports-operation under instrument flight rules in controlled airspace

    84.    Minimum flight altitudes for instrument flight rules operations

    85.    Change from instrument flight rules flight to visual flight rules flight

PART X
Offences and Penalties

    86.    Offences and penalties

    87.    Revocation of S.I. No. 24 of 2012

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

        SCHEDULE 7

        SCHEDULE 8

        SCHEDULE 9

S.I. 63, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Rules of Air) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "advisory airspace" means an airspace of defined dimensions or designated route, within which air traffic advisory service is available;

    "advisory route" means a designated route along which air traffic advisory service is available;

    "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 control service" means air traffic control service for aerodrome traffic;

    "aerodrome control tower" means a unit established to provide ATC service to aerodrome traffic;

    "aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

    "aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;

    "aeronautical information publication" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

    "aeronautical station" means a land station in the aeronautical mobile service which in certain instances, may be located, for example, on board a ship or on a platform at sea;

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

    "airborne collision avoidance system (ACAS)" means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground based equipment to provide advice to the PIC on potential conflicting aircraft that are equipped with SSR transponders;

    "air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

    "air traffic advisory service" means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;

    "air traffic control (ATC) clearance" means authorisation for an aircraft to proceed under conditions specified by an ATC unit;

    "air traffic control service" means a service provided for the purpose of—

    (a)    preventing collisions—

        (i)    between aircraft, and

        (ii)    on manoeuvring area between aircraft and obstructions; and

    (b)    expediting and maintaining an orderly flow of air traffic;

    "air traffic control unit" is a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;

    "air traffic service" is 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);

    "air traffic services reporting office" means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

    "air traffic services unit" is a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;

    "alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;

    "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 and includes the following—

    (a)    take-off alternate; an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;

    (b)    en route alternate; an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en route;

    (c)    extended range operation by turbine-engined aeroplanes en route alternate; a suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shutdown or other abnormal or emergency condition while en route in an extended range operation by turbine-engined aeroplanes operation; and

    (d)    destination alternate; an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;

    "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

    "anti-collision light" means a flashing red or flashing white light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the PIC of distant aircraft;

    "approach control service" means air traffic control service for arriving or departing controlled flights;

    "approach control unit" means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;

    "apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

    "appropriate air traffic service authority" means the relevant authority designated for providing air traffic services in Botswana;

    "area control centre (ACC)" means a unit established to provide air traffic control service to controlled flights in Control Areas under its jurisdiction;

    "area control service" means ATC service for controlled flights in control areas under its jurisdiction;

    "area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground-or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;

    "air traffic services route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic service;

    "automatic dependent surveillance-broadcast (ADS-B)" means a means by which aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;

    "automatic dependent surveillance-contract (ADS-C)" means a means by which the terms of an ADS-C agreement will be exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;

    "ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 6 000 metres (20 000 feet) covering more than half the sky;

    "changeover point" means the point at which an aircraft navigating on an air traffic service route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

    "clearance limit" means the point to which an aircraft is granted an air traffic control clearance;

    "command and control (C2) link" means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight;

    "control area" means a controlled airspace extending upwards from a specified limit above the earth;

    "controlled aerodrome" means an aerodrome at which air traffic control service is provided to aerodrome traffic;

    "controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification and covers air traffic service airspace Classes A, B, C, D and E as described in these Regulations;

    "controlled flight" means any flight which is subject to an air traffic control clearance;

    "control zone (CTR)" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;

    "cruise climb" means an aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases;

    "cruising level" means a level maintained during a significant portion of a flight;

    "current flight plan (CPL)" means the flight plan, including changes, if any, brought about by subsequent clearances;

    "danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;

    "data link communications" means a form of communication intended for the exchange of messages via a data link;

    "detect and avoid" means the capability to see, sense or detect conflicting traffic or other hazards and take the appropriate action;

    "estimated off-block time (EOBT)" means the estimated time at which the aircraft will commence movement associated with departure;

    "estimated time of arrival (ETA)"

    (a)    for IFR flights, means the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an IAP will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome; and

    (b)    for VFR flights means the time at which it is estimated that the aircraft will arrive over the aerodrome;

    "expected approach time (EAT)" means the time at which ATC expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing;

    "filed flight plan (FPL)" means the flight plan as filed with an air traffic service unit by the PIC or a designated representative, without any subsequent changes;

    "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

    "flight (FLT)" means in the case of—

    (a)    an aeroplane or glider, from the moment it first moves for the purpose of taking off until the moment when it next comes to rest after landing; or

    (b)    an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

    "flight information centre (FIC)" means a unit established to provide flight information service and alerting service;

    "flight information region (FIR)" means an airspace of defined dimensions within which flight information service and alerting service are provided;

    "flight information service (FIS)" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

    "flight level (FL)" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

    "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 visibility" means the visibility forward from the cockpit of an aircraft in flight;

    "glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain, fixed under given conditions of flight;

    "ground visibility" means the visibility at an aerodrome, as reported by an accredited observer or by automatic systems;

    "heading (HDG)" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);

    "heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

    "height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

    "helicopter (Hel)" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;

    "horizontal plane" means a plane containing longitudinal axis and perpendicular to the plane of symmetry of the plane;

    "IFR" is a symbol used to designate the instrument flight rules;

    "IFR flight" means a flight conducted in accordance with the Instrument Flight Rules;

    "instrument approach operations" means an approach and landing using instruments for navigation guidance based on an instrument approach procedure.

    There are two methods for executing instrument approach operations, which are—

    (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 pre-determined 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 is classified as follows—

    (a)    non-precision approach procedure (NPA) – an instrument approach procedure designed for 2D instrument approach operations Type A;

    (b)    approach procedure with vertical guidance (APV) – 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;

    "landing area" means that part of a movement area intended for the landing or take-off of aircraft;

    "level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;

    "longitudinal axis" means a selected axis parallel to the direction of the flight at a normal cruising speed and passing through the centre of gravity of the aeroplane;

    "manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

    "movement area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;

    "night" means the time between 30 minutes after sunset and 30 minutes before sunrise, sunrise and sunset being determined at surface level;

    "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

    "overtaking aircraft" means an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, so that it is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft’s left (port) or right (starboard) navigation lights;

    "parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend;

    "pilot-in-command (PIC)" means the 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;

    "pressure-altitude" means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the standard atmosphere;

    "problematic use of substances" means the use of one or more psychoactive substances by aviation personnel in a way that—

    (a)    constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or

    (b)    causes or worsens an occupational, social, mental or physical problem or disorder;

    "prohibited area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;

    "psychoactive substances" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;

    "radiotelephony (RTF)" means a form of radio communication primarily intended for the exchange of information in the form of speech;

    "remote pilot" means a person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time;

    "remote pilot station" means the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft;

    "remotely piloted aircraft (RPA)" means an unmanned aircraft which is piloted from a remote pilot station;

    "remotely piloted aircraft system (RPAS)" means a remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design;

    "repetitive flight plan (RPL)" means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by air traffic service units;

    "reporting point (RP)" means a specified geographical location in relation to which the position of an aircraft can be reported;

    "restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;

    "RPA observer" means a trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight;

    "runway (RWY)" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

    "runway-holding position" means a designated position intended to protect—

    (a)    a runway;

    (b)    an obstacle limitation surface; or

    (c)    an instrument landing system or microwave landing system critical area or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

    "safety-sensitive personnel" means persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers;

    "simulated instrument flight" means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;

    "signal area" means an area on an aerodrome used for the display of ground signals;

    "special visual flight rules (SVFR)" means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below the VMC;

    "secondary surveillance radar (SSR)" means a surveillance radar system which uses interrogators and transponders;

    "taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;

    "taxiway (TWY)" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including—

    (a)    aircraft stand taxilane – a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;

    (b)    apron taxiway – a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; or

    (c)    rapid exit taxiway (RET) – a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;

    "total estimated elapsed time" means—

    (a)    for IFR flights means the estimated time required from take-off to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aerodrome; and

    (b)    for VFR flights means the estimated time required from take-off to arrive over the destination aerodrome;

    "track (tr)" means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid);

    "traffic avoidance advice" means advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision;

    "traffic information" means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision;

    "transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

    "under command" means, when an aeroplane on the surface of water is able to execute manoeuvres as required by the Convention on the International Regulations for Prevention of Collision at Sea, 1972 for the purposes of avoiding other vessel;

    "unmanned free balloon" means a non-power-driven, unmanned, lighter-than-air aircraft in free flight;

    "VFR" is a symbol used to designate the visual flight rules;

    "VFR flight" means a flight conducted in accordance with the visual flight rules;

    "visibility" for aeronautical purposes means the greater of—

    (a)    the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background; or

    (b)    the greatest distance at which lights in the vicinity of 1000 candelas can be seen and identified against an unlit background;

    "visual line-of-sight (VLOS) operation" means an operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft; and

    "visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility distance from cloud, and ceiling, equal to or better than specified minima and the symbol "VMC" shall be used to designate visual meteorological conditions.

3.    Application of Regulations

    The provisions of these Regulations, insofar as they are applicable to aircraft, shall apply to—

    (a)    all aircraft within Botswana; and

    (b)    all aircraft registered in Botswana, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown.

PART II
General Flight Rules (regs 4-24)

4.    Compliance with rules of air

    The operation of an aircraft either in flight or on the movement area of an aerodrome shall be in compliance with the general rules and, in addition, when in flight, either with the—

    (a)    visual flight rules; or

    (b)    the instrument flight rules.

5.    Responsibility for compliance with rules of air

    (1) A PIC of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air, except that the PIC may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety.

    (2) A PIC of an aircraft shall, before beginning a flight, become familiar with all available information appropriate to the intended operation.

    (3) Pre-flight action for all flights shall include a careful study of available current weather reports and forecasts, taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned.

6.    Authority of pilot-in-command of aircraft

    A PIC of an aircraft shall have final authority as to the disposition of the aircraft while in command.

7.    Dangerous operation of aircraft

    (1) A PIC or any other person in charge of the aircraft shall not fly an aircraft in such a manner as to cause danger to any person or property on land or water, or in contravention of these Regulations.

    (2) A person who contravenes the provisions of subregulation (1) commits an offence and he or she and the owner of the aircraft shall be liable—

    (a)    for a first offence to a fine not exceeding P50 000 or to imprisonment for a term not exceeding five years, or to both; and

    (b)    for a second or subsequent offence to a fine not exceeding P100 000 or to imprisonment for a term not exceeding 10 years, or to both.

    (3) In any proceedings against the owner of an aircraft in respect of an offence under this regulation, it shall be a defence to prove that the act constituting the offence was done without the knowledge or consent of the owner.

    (4) For the purposes of this regulation, "owner", includes any person by whom the aircraft is hired at the time the offence was committed.

8.    Problematic use of psychoactive substances

    A person whose function is critical to the safety of aviation (safety-sensitive personnel) shall not—

    (a)    undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired; or

    (b)    engage in any kind of problematic use of substances.

9.    Low flying

    (1) Subject to the provisions of subregulations (2) and (3)—

    (a)    a person shall not fly an aircraft, other than a helicopter, over any congested area of a city, town or settlement below the—

        (i)    height that would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit, or

        (ii)    height of 1 500 feet above the highest fixed object and within 600 metres of the aircraft, whichever is the higher;

    (b)    a person shall not fly a helicopter below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit;

    (c)    a person shall not fly a helicopter over a congested area of a city, town or settlement below a height of 1 500 feet above the highest fixed object or within 600 metres of the helicopter, except with the permission, in writing, of the Authority and in accordance with any condition therein specified;

    (d)    a person shall not fly an aircraft—

        (i)    over, or within 3 000 metres of any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent, in writing, of the organisers of the event,

        (ii)    below a height that would enable it to land clear of the assembly in the event of the failure of a power unit or if such an aircraft is towing a banner the height shall be calculated on the basis that the banner shall not be dropped within 3 000 metres of the assembly, or

        (iii)    where a person is charged with an offence under these Regulations by reason of a contravention of this subregulation, it shall be a defence to prove that the flight of the aircraft over, or within 3 000 metres of the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly; and

    (e)    an aircraft shall not fly less than 500 feet above ground or water.

    (2) The provisions of—

    (a)    subregulation (1)(a) shall not apply to—

        (i)    an aircraft while it is landing or taking-off in accordance with normal aviation practice, or

        (ii)    a glider while it is hill-soaring;

    (b)    subregulation (1)(d) and (e) shall not apply to a State aircraft;

    (c)    subregulation (1)(e) shall not apply to an aircraft which is being used for aerial work operations in accordance with the operating provisions of the Civil Aviation (Aerial Work) Regulations (Cap. 71:01 (Sub. Leg.)); and

    (d)    subregulation (1)(d) and (e) shall not apply to the flight of an aircraft over or within 3 000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organisers of the event, and the races, contest, exhibition or flight is approved by the Authority.

    (3) Nothing in this regulation shall prohibit any aircraft from—

    (a)    taking off or landing;

    (b)    flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a licensed or certificated aerodrome in Botswana or at any aerodrome in any other state;

    (c)    flying in such a manner as may be necessary for the purpose of saving life; or

    (d)    practising approaches to landing, such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

    (4) The provisions of this regulation shall not apply to any captive balloon or kite.

10.    Formation flights

    A person shall not fly an aircraft in a formation flight except by pre-arrangement among the PICs of the aircraft taking part in the flight and, for a formation flight in controlled airspace, in accordance with the conditions prescribed by the appropriate air traffic service authority, which conditions shall include—

    (a)    the formation operates as a single aircraft with regard to navigation and position reporting;

    (b)    the separation between aircraft in the flight shall be the responsibility of the flight leader and the PIC of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation flight and during join-up and break-away; and

    (c)    a distance not exceeding 1 km (0.5 NM) laterally and longitudinally and 30 m (100 feet) vertically from the flight leader shall be maintained by each aircraft.

11.    Unmanned free balloons

    A person who operates an unmanned free balloon shall operate the balloon in such a manner as to minimise hazards to any person, property or other aircraft and in accordance with the conditions set out in Schedule 3.

12.    Acrobatic manoeuvres

    A person shall not acrobatically fly an aircraft—

    (a)    over any city, town or settlement;

    (b)    over an open air assembly of persons;

    (c)    below an altitude of 1 500 feet above the surface;

    (d)    when the flight visibility is less than five kilometres;

    (e)    in manoeuvres exceeding a bank of 60 degrees or pitch of 30 degrees from level flight attitude unless all occupants of the aircraft are wearing parachutes packed by a qualified parachute rigger in the past 12 months;

    (f)    within controlled airspace except with the consent of the appropriate ATC; or

    (g)    except under conditions prescribed by the Authority and as indicated by relevant information, advice or clearance from the appropriate air traffic service unit.

13.    Right-hand traffic rule

    A person flying an aircraft and in sight of the ground and following a road, railway, river, cordon fence or any other line of landmark, shall keep the road, river, cordon fence or other line of landmark on his or her left.

14.    Prohibited areas and restricted areas

    (1) A person shall not operate an aircraft in a prohibited area or a restricted area, the particulars of which prohibited area have been duly published, except in accordance with the conditions of the restrictions or by permission of the Authority.

    (2) Any person who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P100 000 or a term of imprisonment not exceeding 10 years, or to both.

15.    Flights over game parks, game reserves and national parks

    Subject to the provisions of regulation 14, a person shall not operate an aircraft, except for the purpose of take-off or landing, below 1 000 feet, above ground level when operating the aircraft over game parks, game reserves and national parks.

16.    Cruising levels

    (1) The cruising level at which a flight or a portion of a flight is to be conducted shall be in terms of—

    (a)    flight levels at or above the lowest usable flight level or altitudes if below the transition altitude; or

    (b)    altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.

    (2) Subject to subregulation (5), in order to comply with IFR, an aircraft when in level flight at or above 3 000 feet over land or water within controlled airspace shall be flown at a level appropriate to its magnetic track as set out in Schedule 1.

    (3) Subject to subregulation (5), in order to comply with IFR, an aircraft when in level flight at or above 3 000 feet over land or water outside controlled airspace shall be flown at a level appropriate to its magnetic track, as set out in Schedule 1.

    (4) A VFR flights in level cruising flight when operated at or above 3 000 feet from the ground or water shall be conducted at a flight level appropriate to its magnetic track as set out in Schedule 1, except where otherwise indicated in ATC clearances or specified by the Authority.

    (5) The level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a State other than Botswana, otherwise published by the competent authority, in relation to the area over which the aircraft is flying.

17.    Altimeter settings

    A person operating an aircraft registered in Botswana shall set the aircraft altimeter to maintain the cruising altitude for flight level reference in accordance with the procedure notified by—

    (a)    the aeronautical information publication; or

    (b)    the State where the aircraft may be.

18.    Dropping, spraying, towing and parachute descents

    A person shall not—

    (a)    drop any article, substance or spray any substance from the aircraft in flight;

    (b)    tow an aircraft or other object; or

    (c)    make a parachute descent other than an emergency descent,

except in accordance with conditions prescribed by the Authority and as indicated by relevant information, advice and clearance from the appropriate air traffic service unit.

19.    Proximity to other aircraft

    A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard.

20.    Remotely piloted aircraft

    A person shall operate a remotely piloted aircraft in such a manner as to minimise any hazard to any person, property or other aircraft, and as set out in Schedule 2 and as specified by the Authority.

21.    Right-of-way rules in air operations

    (1) A PIC of an aircraft who has the right-of-way shall maintain the aircraft’s heading and speed.

    (2) A PIC operating an aircraft shall maintain vigilance so as to see and avoid other aircraft, and where this regulation gives another aircraft the right-of-way, the PIC shall give way to that aircraft and shall not pass over, under, or ahead of it unless well clear and taking into account the effect of aircraft wake turbulence.

    (3) An aircraft in distress has the right-of-way over all other air traffic.

    (4) Where two aircraft are converging at approximately the same level, the aircraft that has the other aircraft on its right shall give way, except as follows—

    (a)    power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

    (b)    airships shall give way to gliders and balloons;

    (c)    gliders shall give way to balloons; or

    (d)    power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

    (5) An aircraft towing or refuelling other aircraft has the right-of-way over all other engine-driven aircraft, except for aircraft in distress.

    (6) Where two aircraft are approaching head-on or nearly so, and there is danger of collision, each PIC shall alter course to the right.

    (7) An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

    (8) An aircraft in flight, or operating on the ground, shall give way to aircraft landing or in the final stages of an approach to land.

    (9) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft.

    (10) When an ATC unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order, and when the PIC of an aircraft is aware that another aircraft is making an emergency landing, the PIC shall give way to that aircraft, notwithstanding that the PIC may have received permission to land, and shall not attempt to land until the PIC receives further permission to do so.

    (11) A power-driven heavier-than-air aircraft shall give way to gliders.

    (12) An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking off or about to take off.

    (13) Nothing in these Regulations shall relieve the PIC of an aircraft from the responsibility of taking such action, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment, as will best avert collision.

    (14) A PIC who causes a collision while taxing commits an offence and is liable to a fine not exceeding P15 000 or to a term of imprisonment not exceeding nine months, or to both.

22.    Right-of-way rules in ground operations

    (1) This regulation shall apply to aircraft and vehicles on the movement area of a land aerodrome.

    (2) Notwithstanding any ATC clearance, it shall remain the duty of the PIC of an aircraft to take all possible measures to ensure that the aircraft does not collide with any other aircraft or with any vehicle.

    (3) An emergency vehicle proceeding to the assistance of aircraft in distress shall be accorded priority over all other surface movement traffic.

    (4) In normal ground operations—

    (a)    an aircraft and a vehicle shall give way to an aircraft which is taking off or landing;

    (b)    a vehicle towing an aircraft shall give way to an aircraft which is landing, taking off or taxing;

    (c)    a vehicle which is not towing an aircraft shall give way to an aircraft; and

    (d)    a vehicle shall give way to a vehicle towing an aircraft.

    (5) Subject to the provisions of subregulation (4) and regulation 27(4), in the case of a possible danger of collision between two aircraft—

    (a)    where the two aircraft are approaching head-on or approximately so, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear;

    (b)    where the two aircraft are on converging course, the one which has the other on its right shall give way;

    (c)    an aircraft which is being overtaken shall have the right-of-way, and the overtaking aircraft shall keep out of the way of the other aircraft by altering its course to the left until that other aircraft has been passed and is clear, notwithstanding any change in the relative position of the two aircraft;

    (d)    an aircraft taxiing on the manoeuvring area of an aerodrome shall give way to an aeroplane taking off or about to take off;

    (e)    an aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless otherwise authorised by the aerodrome control tower; and

    (f)    an aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off.

    (6) Subject to the provisions of subregulation (4)(b), a vehicle shall—

    (a)    overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle; and

    (b)    keep to the left when passing another vehicle which is approaching head-on or approximately so.

23.    Right-of-way rules in water operations

    (1) A person operating an aircraft on water shall, in so far as possible—

    (a)    keep clear of all vessels in the vicinity;

    (b)    avoid impeding the navigation of all vessels in the vicinity; and

    (c)    give way to any vessel or other aircraft that is given the right-of-way by this regulation.

    (2) Where an aircraft and another aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other’s right has the right-of-way.

    (3) Where aircraft and another aircraft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its course to the right to keep well clear.

    (4) An aircraft that is being overtaken has the right-of-way, and the aircraft overtaking shall alter course to the right to keep well clear of the aircraft being overtaken.

    (5) Where an aircraft and another aircraft, or an aircraft and a vessel, approach in a manner that involves a risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft.

24.    Coordinated Universal Time

    (1) A PIC flying an aircraft shall use Coordinated Universal Time (UTC) which shall be expressed in hours, minutes and seconds of the 24 hour day beginning at midnight.

    (2) A PIC shall obtain a time check prior to operating a controlled flight and at such other times during the flight as may be necessary, the time check shall be obtained from an air traffic service unit unless other arrangements have been made by the operator or by the Authority.

    (3) Wherever time is utilised in the application of data link communications, it shall be accurate to within one second of Coordinated Universal Time (UTC).

PART III
Lights and Other Signals to be Shown or Made by Aircraft and Aerodrome (regs 25-38)

25.    Display of lights and signals for aerodrome traffic

    (1) An aerodrome control tower shall use the lights and pyrotechnic signals set out in Schedule 5 and illustrated in Figure A1-1 thereof.

    (2) A PIC shall acknowledge aerodrome control tower signals as follows—

    (a)    when in flight—

        (i)    during the hours of daylight, by rocking the aircraft’s wings, except that this signal shall not be expected on the base and final legs of the approach, and

        (ii)    during the hours of darkness, by flashing on and off twice the aircraft’s landing lights or, if not so equipped, by switching on and off twice its navigation lights; and

    (b)    when on the ground—

        (i)    during the hours of daylight by, moving the aircraft’s ailerons or rudder, and

        (ii)    during the hours of darkness, by flashing on and off twice the aircraft’s landing lights or, if not so equipped, by switching on and off twice its navigation lights.

    (3) An aerodrome authority shall use the visual ground signals as shown in Figures A1-2 to A1-11 during the situations set out in Schedule 5.

26.    Failure of lights by night

    In the event of the failure of any light which is required by these Regulations to be displayed at night, if the light cannot be immediately repaired or replaced, the PIC—

    (a)    shall not depart from the aerodrome; and

    (b)    if in flight, shall land as soon as, in the PIC’s opinion, he or she can safely do so, unless authorised by an appropriate ATC unit to continue the flight.

27.    Conditions for lights to be displayed by aircraft

    (1) A PIC, when operating an aircraft during the period from sunset to sunrise or any other period which may be provided by the Authority, shall display—

    (a)    anti-collision lights intended to attract attention to the aircraft; and

    (b)    navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights.

    (2) From sunset to sunrise or during any other period provided by the Authority—

    (a)    an aircraft moving on the movement area of an aerodrome shall display navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights;

    (b)    unless stationary and otherwise adequately illuminated, an aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure;

    (c)    an aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and

    (d)    an aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact.

    (3) An aircraft in flight and fitted with anti-collision lights to meet the requirements of subregulation (1)(a) shall display such lights also outside the period specified in subregulation (1).

    (4) An aircraft—

    (a)    operating on the movement area of an aerodrome and fitted with anti-collision lights to meet the requirement of subregulation (2)(c); or

    (b)    on the movement area of an aerodrome and fitted with lights in accordance with subregulation (2)(d),

shall display such lights beyond the period provided for under subregulation (2).

    (5) Without prejudice to subregulations (1), (2), (3) and (4), a PIC shall be permitted to switch off or reduce the intensity of any flashing lights fitted in accordance with subregulations (1), (2), (3) and (4) if they do or are likely to—

    (a)    adversely affect the satisfactory operation of an aircraft; or

    (b)    subject another aircraft or ATC tower to harmful dazzle.

28.    Balloons, kites, airships, gliders and parascending parachutes

    (1) A person shall not—

    (a)    fly a captive balloon or kite at a height of more than 200 feet above the ground level or within 60 metres of any vessel, vehicle or structure;

    (b)    fly a captive balloon within three nautical miles of an aerodrome;

    (c)    fly a balloon exceeding six feet in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace; or

    (d)    fly a kite within three nautical miles of an aerodrome; moor an airship; fly a free balloon at night; or launch a glider or parascending parachute by winch and cable or by ground tow to a height of more than 200 feet above ground level,

without the permission in writing of the Authority, and in accordance with any conditions that may be attached to the permission granted.

    (2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks.

29.    Captive balloons and kites by day

    A person flying a captive balloon or kite by day at a height exceeding 200 feet above the surface shall ensure that the captive balloon or kite displays lights as follows—

    (a)    a group of two steady lights consisting of a white light placed 12 feet above a red light, both being of at least five candelas and showing in all directions, the white light being placed not less than 15 feet or more than 30 feet below the basket, or, if there is no basket, below the lowest part of the balloon or kite;

    (b)    on the mooring cable, at intervals of not more than 1 000 feet measured from the group of lights referred to in paragraph (a), groups of two lights of the colour and power and in the relative positions specified in that paragraph, and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; and

    (c)    on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measured at least 80 feet, one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights, the third light shall be a green light placed in such a way that the triangle encloses the object on the surface to which the balloon or kite is moored.

30.    Captive balloons and kites by night

    (1) A captive balloon, while flying at night, at a height exceeding 200 feet above the surface, shall have attached to its mooring cable at intervals of not more than 600 feet measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 16 inches in diameter and six feet in length, and marked with alternate bands of red and white 20 inches wide.

    (2) A kite flown in the circumstances referred to in subregulation (1) shall have attached to its mooring cable either—

    (a)    tubular streamers provided for under subregulation (1); or

    (b)    at intervals of not more than 300 feet measured from the lowest part of the kite, not less than 30 streamers of 32 inches long and one foot wide at their widest part and marked with alternate bands of red and white four inches wide.

31.    Airships by day and night

    (1) Except as provided in subregulation (2), an airship while flying at night shall display the following steady lights—

    (a)    a white light of at least five candelas showing through angles of 110 degrees from dead ahead to each side in the horizontal plane;

    (b)    a green light of at least five candelas showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane;

    (c)    a red light of at least five candelas showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane; and

    (d)    a white light of at least five candelas showing through angles of 70 degrees from dead ahead astern to each side in the horizontal plane.

    (2) A person flying an airship at night shall ensure that the airship displays if it is not under command, or has its engines voluntarily stopped, or is being towed, the following steady lights—

    (a)    the white lights referred to in subregulation (1)(a) and (d);

    (b)    two red lights, each of at least five candelas and showing in all directions suspended below the control car so that one is at least 12 feet above the other and at least 25 feet below the control car; and

    (c)    if an airship is making way but not otherwise, the green and red lights referred to in subregulation (1)(b) and (c).

    (3) An airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights provided for under subregulation (1).

    (4) An airship, while moored within Botswana by night, shall—

    (a)    when moored to a mooring mast, at or near the rear, display a white light of at least five candelas showing in all directions; and

    (b)    display a white light of at least five candelas showing through angles of 70 degrees from dead astern to each side in the horizontal plane.

    (5) An airship while flying by day, if it is not under command, or has its engines voluntarily stopped, or is being towed, shall display two black balls suspended below the control car so that one is at least 12 feet above the other and at least 25 feet below the control car.

    (6) For the purpose of this regulation—

    (a)    an airship shall be deemed not to be under command when it is in simulated instrument flight conditions and unable to execute a manoeuvre which it may be required to execute by or under these Regulations; and

    (b)    an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.

32.    Anti-collision light

    (1) When operating by day, an aircraft fitted with an anti-collision light shall display such light in flight.

    (2) An aircraft shall display, when stationary on the apron by day or night with engines running, a red anti-collision light when fitted.

    (3) When operating by night all aircraft shall display anti-collision lights, intended to attract attention to the aircraft.

    (4) When operating an anti-collision light, the light shall be a flashing or rotating red light which shall show in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aircraft.

    (5) In the event of a failure of anti-collision light when flying by day, an aircraft may continue to fly provided that the lights are repaired at the earliest practicable opportunity.

33.    Simulated instrument flight conditions

    (1) A person shall not operate an aircraft in simulated instrument flight conditions unless—

    (a)    that aircraft has fully functioning dual controls;

    (b)    a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions; and

    (c)    the safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which the observer’s field of vision adequately supplements the vision of the safety pilot.

    (2) A person shall not engage in simulated instrument flight conditions during commercial air transport operations.

34.    Practice instrument approaches

    An aircraft shall not carry out instrument approach practices when flying in visual meteorological conditions unless—

    (a)    the appropriate ATC unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and

    (b)    if the flight is not being carried out in simulated instrument flight conditions, an observer approved by the Authority is carried in such a position in the aircraft that the observer has an adequate field of vision and can readily communicate with the PIC flying the aircraft.

35.    Aerodromes not having air traffic control units

    (1) A person shall not fly within a zone which the PIC knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an ATC unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing, and an aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 500 feet above the level of the aerodrome.

    (2) A PIC flying in the zone referred to in subregulation (1) or moving on such an aerodrome shall—

    (a)    observe other aerodrome traffic for the purpose of avoiding collision;

    (b)    conform to the pattern of traffic formed by other aircraft, or keep clear of the airspace in which the pattern is formed;

    (c)    make all turns to the left unless ground signals indicate otherwise or obstacles on the ground require otherwise; and

    (d)    take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.

    (3) A person shall not land an aircraft on a runway at an aerodrome unless the runway is clear of other aircraft.

    (4) Where a take-off or a landing is confined to a runway—

    (a)    an aircraft when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take off, and if such aircraft is obliged to turn, it shall turn to the left after the PIC of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

    (b)    an aircraft about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking off or is about to take-off.

    (5) An aircraft after landing shall move clear of the landing area in use as soon as it is possible to do so.

36.    Aerodromes having air traffic control units

    (1) A PIC shall not fly the aircraft within a zone which the PIC knows or ought reasonably to know to be the aerodrome having an ATC unit except for the purpose of taking off, landing or observing the signals area with a view to landing, unless the PIC has the permission of the appropriate ATC unit.

    (2) A PIC flying in the aerodrome traffic zone of an aerodrome having an ATC unit or moving on the manoeuvring area of such an aerodrome shall—

    (a)    maintain a continuous listening watch on the appropriate radio frequency notified for ATC communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; and

    (b)    not taxi, take off or land except with the permission of the ATC unit.

37.    Operations on or in vicinity of aerodrome

    (1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless two-way communication is maintained between that person and the control tower.

    (2) When arriving at an aerodrome, a PIC shall establish communications required by subregulation (1), prior to entering the vicinity of a controlled aerodrome.

    (3) When departing from an aerodrome, a PIC shall establish communications with the control tower prior to taxi.

    (4) A person shall not, at any aerodrome with an operating control tower, operate an aircraft on a runway or taxi way or take-off or land an aircraft, unless an appropriate clearance has been received from the ATC unit.

    (5) A person who take-off against an instruction or clearance under subregulation (4) commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding five years, or to both.

    (6) A clearance to "taxi to"—

    (a)    the take-off runway—

        (i)    is not a clearance to cross or taxi on to that runway, and

        (ii)    authorises the PIC to cross other runways during the taxi to the assigned runway; and

    (b)    from any other point on the aerodrome is a clearance to cross all runways that intersect the taxi route to the assigned point.

    (7) If a two-way communication is lost, a PIC may continue a VFR flight operation and land if—

    (a)    the weather conditions are at or above basic VFR minimums; and

    (b)    clearance to land is received by light signals.

    (8) During IFR operations, the two-way communications failure procedures prescribed in regulations 62 and 63 shall apply.

    (9) An aircraft operated on or in the vicinity of an aerodrome shall, whether or not within an aerodrome traffic zone—

    (a)    observe other aerodrome traffic for the purpose of avoiding collision;

    (b)    conform with or avoid the pattern of traffic formed by other aircraft in operation;

    (c)    make all turns to the left, when approaching for a landing or after taking off, unless otherwise instructed; and

    (d)    land or take-off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable.

38.    Access to and movement in manoeuvring area

    (1) A person shall not enter the manoeuvring area of an aerodrome or drive a vehicle on the manoeuvring area of an aerodrome without the permission of the aerodrome control tower in the case of a controlled aerodrome, or in the case of an uncontrolled aerodrome, the person in charge of the aerodrome, and in accordance with any conditions subject to which that permission may have been granted.

    (2) A person shall not move, or move a vehicle on the manoeuvring area of an aerodrome having an ATC unit without the permission of that unit and in accordance with any conditions subject to which that permission may have been granted.

    (3) Any permission granted for the purpose of this regulation may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicles.

PART IV
Signals to be Displayed by Aircraft (regs 39-46)

39.    Universal aviation signals

    (1) Where a signal is given or displayed, or whenever any marking provided for under regulations 25, 44, 45 and 46 is displayed by any person in an aircraft, or at an aerodrome, or at any other place which is being used by aircraft for landing or take-off, the signal shall, when given or displayed, have the meaning assigned to it, and no other signals likely to be confused with them shall be used.

    (2) Upon observing or receiving any of the signals provided for under subregulation (1), a PIC shall take the action that may be required by the interpretation of the signal specified in these Regulations.

    (3) A signalman shall be responsible for providing standard marshalling signals to an aircraft in a clear and precise manner using the signals shown in these Regulations.

    (4) A person shall not guide an aircraft unless that person is trained, and qualified and approved by the Authority to carry out the functions of a signalman.

    (5) A signalman shall wear a distinctive fluorescent identification vest to allow the flight crew member to identify that the signalman is the person responsible for the marshalling operation.

    (6) For signalling, a participating ground staff member shall use—

    (a)    daylight-fluorescent wands, marshalling bats or gloves, during daylight hours; and

    (b)    illuminated wands, at night or in low visibility.

40.    Misuse of signals and markings

    (1) A signal or marking to which a meaning is given by these Regulations, or which is required by these Regulations to be used in circumstances or for a purpose therein specified, and which is given or displayed—

    (a)    by any person in an aircraft;

    (b)    at an aerodrome; or

    (c)    at any other place which is being used by aircraft for landing or take-off, shall not be used except with that meaning, or for that purpose.

    (2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not make any signal which may be confused with a signal specified in these Regulations.

41.    Distress signals

    (1) The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested—

    (a)    a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS (• • • — — — • • • in the Morse Code);

    (b)    an RTF distress signal consisting of the spoken words MAYDAY, MAYDAY, MAYDAY;

    (c)    a distress message sent via data link which transmits the intent of the words MAYDAY, MAYDAY, MAYDAY;

    (d)    rockets or shells throwing red lights, fired one at a time at short intervals; or

    (e)    a parachute flare showing a red light.

    (2) A provision in these Regulations shall not prevent the use by an aircraft in distress of any means at its disposal to attract attention and make known its position.

42.    Urgency signals

    (1) The following signals, used either together or separately, mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance—

    (a)    the repeated switching on and off of the landing lights; or

    (b)    the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights.

    (2) The following signals, used either together or separately, mean that an aircraft has a very urgent message to transmit concerning the safety of a vehicle, train, ship, vessel or aircraft, or of some person on board or within sight—

    (a)    signal made by radiotelegraphy or by any other signalling method consisting of the group XXX;

    (b)    a signal sent by RTF consisting of the spoken words PAN, PAN, PAN; or

    (c)    an urgency message sent via data link which transmits the intent of the words PAN, PAN, PAN.

43.    Aircraft interception and interception signals

    (1) Where an aircraft is intercepted, a PIC of the intercepted aircraft shall comply with the command of the intercepting aircraft, by interpreting and responding to visual signals set out in Schedule 4.

    (2) The intercepting aircraft shall interpret visual signals from an intercepted aircraft in accordance with Schedule 4.

44.    Visual signals to warn unauthorised aircraft entering notified airspace

    A PIC shall take such remedial action as may be necessary, when by day or night, a series of projectiles is discharged from the ground at intervals of ten seconds, each showing, on bursting, red and green lights or stars indicating to an unauthorised aircraft that it is flying in or about to enter a restricted, prohibited or danger area.

45.    Marshalling signals – signalman to pilot

    (1) The marshalling signals shown in Figures 1 to 28 set out in Schedule 6 shall be used from a signalman to a PIC of an aircraft.

    (2) The signals are designed for use by the signalman, with hands illuminated as necessary to facilitate observation by the PIC, and facing the aircraft in a position—

    (a)    for fixed-wing aircraft, the signalman shall be positioned forward of the left-wing tip within view of the PIC; and

    (b)    for helicopters, where the signalman can best be seen by the PIC.

    (3) The meaning of the relevant signals shall remain the same if a marshalling bat, illuminated wand or torchlight is held.

    (4) A signal marked with an asterisk are designed for use to a hovering helicopter.

    (5) Prior to using a signal, as shown in Figures 1 to 28 set out in Schedule 6, a signalman shall ascertain that the area within which an aircraft is to be guided is clear of objects.

46.    Marshalling signals – pilot to signalman

    A PIC shall use the signals shown in Schedule 6 when communicating with a signalman on the ground.

PART V
Flight plans (regs 47-53)

47.    Pre-flight action

    (1) A PIC shall, before commencing a flight, be familiar with all available information appropriate to the intended operation.

    (2) Pre-flight action by a PIC, for a flight away from the vicinity of the place of departure, and for every flight under the IFR, shall include—

    (a)    a careful study of available weather reports and forecasts to determine the fuel requirements; and

    (b)    an alternative course of action if the flight cannot be completed as planned.

    (3) A PIC who is unable to communicate by radio with an ATC unit at the aerodrome of destination shall not begin a flight to an aerodrome within a CTR if—

    (a)    the information which it is reasonably practicable for the PIC to obtain indicates that he or she will arrive at that aerodrome when the ground visibility is less than eight kilometres; or

    (b)    the cloud ceiling is less than five kilometres,

unless the PIC has obtained from an ATC unit at that aerodrome permission to enter the aerodrome traffic zone.

48.    Flight plan

    A person shall not commence a flight, if he or she has not submitted a flight plan, except as authorised by the Authority.

49.    Submission of flight plan

    (1) An information relating to an intended flight or portion of a flight, to be provided to air traffic service units, shall be in the form of a flight plan.

    (2) A PIC shall, prior to operating one of the following, submit a flight plan—

    (a)    any flight, or portion thereof, to be provided with ATC service;

    (b)    any IFR flight within advisory airspace;

    (c)    any flight within or into designated areas, or along designated routes, when so required by the appropriate air traffic service authority to facilitate the provision of flight information, alerting and search and rescue services;

    (d)    any flight within or into designated areas, or along designated routes, when so required by the appropriate air traffic service authority to facilitate co-ordination with appropriate military units or with ATC units in adjacent States in order to avoid the possible need for interception for the purpose of identification;

    (e)    any flight across international borders; and

    (f)    any flight departing from a manned aerodrome.

    (3) A PIC shall submit a flight plan before departure to the appropriate air traffic services reporting office or during flight, transmit to the appropriate air traffic service unit or air-ground control radio station unless arrangements have been made for submission of repetitive flight plans.

    (4) Unless otherwise provided for by the Authority, a PIC shall submit a flight plan to the appropriate air traffic service unit—

    (a)    at least 60 minutes before departure for IFR flights or 30 minutes for VFR flights; or

    (b)    if submitted during flight, at a time which shall ensure its receipt by the appropriate ATC unit at least 10 minutes before the aircraft is estimated to reach—

        (i)    the intended point of entry into a CTA or advisory airspace, or

        (ii)    the point of crossing an AWY or advisory route.

    (5) Where a thorough flight plan, containing such particulars as may be notified is submitted to and accepted by an air traffic service unit in respect of a flight through a number of intermediate aerodromes, this regulation shall be deemed to have been satisfied in respect of each sector of the flight.

    (6) An ATC unit may exempt the PIC from the requirements of this regulation in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing.

    (7) In order to comply with the IFR, before an aircraft either takes off from a point within any controlled airspace, or enters any controlled airspace, or in other circumstances provided for this purpose, the PIC shall cause a flight plan to be communicated to the appropriate ATC unit and shall obtain an ATC clearance based on that flight plan.

    (8) The PIC shall after he or she has flown in controlled airspace, unless he or she has requested the appropriate ATC unit to close his or her flight plan, forthwith inform that unit when the aircraft lands within or leaves that controlled airspace.

50.    Completion of flight plan

    A flight plan submitted under these Regulations shall contain information, as applicable—

    (a)    on relevant items up to and including an alternate aerodrome regarding the whole route or the portion thereof for which the flight plan is submitted; and

    (b)    on all other items when so provided for by the Authority or when otherwise deemed necessary by the person submitting the flight plan.

51.    Contents of flight plan

    A person filing an IFR or VFR flight plan shall include in it the following information—

    (a)    aircraft identification;

    (b)    flight rules and type of flight;

    (c)    number and type of aircraft and wake turbulence category;

    (d)    equipment;

    (e)    departure aerodrome;

    (f)    EOBT;

    (g)    cruising speed;

    (h)    cruising level;

    (i)    route to be followed;

    (j)    destination aerodrome and total estimated elapsed time;

    (k)    alternate aerodrome;

    (l)    fuel endurance;

    (m)    total number of persons on board;

    (n)    emergency and survival equipment; and

    (o)    any other information that may be necessary.

52.    Changes to flight plan

    (1) Where a change occurs to a flight plan submitted for an IFR flight or a VFR flight operated as a controlled flight, the PIC shall report that change as soon as practicable to the appropriate air traffic service unit.

    (2) In the case of a VFR flight other than that operated as a controlled flight, the PIC shall report significant changes to a flight plan as soon as practicable to the appropriate air traffic service unit.

    (3) Any information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at the time of departure, shall be reported to the air traffic service unit.

    (4) A PIC of an aircraft who has caused notice of the aircraft’s intended arrival at any aerodrome to be given to the air traffic service unit or other authority at that aerodrome shall ensure that the air traffic service unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of 45 minutes or more.

53.    Closing flight plan

    (1) A PIC shall make a report of arrival in person or by radio, via data link or other means of communication to the appropriate air traffic service unit immediately after landing at the destination aerodrome, unless ATC automatically closes the flight plan.

    (2) Where a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, the PIC shall, when required, close it by an appropriate report to the relevant air traffic service unit.

    (3) Where no air traffic service unit exists at the arrival aerodrome, the PIC shall contact the nearest air traffic service unit to close the flight plan immediately after landing.

    (4) Where a communication facility at the arrival aerodrome are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the PIC shall immediately prior to landing, transmit to the appropriate air traffic service unit, a message comparable to an arrival report, where such a report is required.

    (5) The transmission referred to in subregulation (4) shall be made to the aeronautical station serving the air traffic service unit in charge of the flight information region in which the aircraft is operated.

    (6) A PIC shall include the following elements of information in his or her arrival reports—

    (a)    aircraft identification;

    (b)    departure aerodrome;

    (c)    destination aerodrome, in the case of a diversionary landing;

    (d)    arrival aerodrome; and

    (e)    time of arrival.

PART VI
Air Traffic Control Services (regs 54-65)

54.    Air traffic control clearances

    (1) A PIC shall not commence a flight in an aircraft unless he or has obtained an ATC clearance prior to operating a controlled flight, or a portion of a flight as a controlled flight.

    (2) A PIC shall request an ATC clearance referred to in subregulation (1) through the submission of a flight plan to an air traffic control unit.

    (3) Where a PIC has requested a clearance involving priority, that PIC shall submit a report explaining the necessity for such priority, if requested by the appropriate air traffic control unit.

    (4) A person operating an aircraft at a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.

    (5) The PIC of an aircraft shall fly in conformity with the ATC clearance issued for the flight as amended by any further instructions given by an ATC unit, and with the holding and IAPs, notified in relation to the aerodrome of destination, unless the PIC—

    (a)    is able to fly in uninterrupted visual meteorological conditions for so long as he/she remains in controlled airspace; and

    (b)    has informed the appropriate ATC unit of his intention to continue the flight in compliance with VFR and has requested that unit to cancel his/her IFR flight plan.

    (6) Where an emergency arises which requires an immediate deviation from an ATC clearance, the PIC of the aircraft shall, as soon as possible, inform the appropriate ATC unit of the deviation.

    (7) A PIC who—

    (a)    fails to adhere to a taxi clearance or instruction issued under subregulation (1) commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding five years, or to both;

    (b)    operates within a restricted or prohibited area or within a positive CTA without clearance commits an offence and is liable to a fine not exceeding P100 000 or a term of imprisonment not exceeding 10 years, or to both; or

    (c)    who deviates from an IAP commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding five years, or to both.

55.    Potential re-clearance in flight

    If prior to departure, a PIC anticipates that, depending on fuel endurance and subject to re-clearance in flight, a decision may be taken to proceed to a revised destination aerodrome, he or she shall notify the appropriate ATC units by the insertion, in the flight plan, of information concerning the revised route, where known, and the revised destination.

56.    Adherence to current flight plan

    (1) A PIC shall, except as provided for in regulations 54 and 58, adhere to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless—

    (a)    a request for a change has been made and clearance obtained from the appropriate ATC unit; or

    (b)    unless an emergency situation arises which necessitates immediate action by the PIC.

    (2) In the event where PIC acts in accordance with the provisions of subregulation (1)(b), he or she shall, as soon as circumstances permit, after such emergency authority is exercised, notify the appropriate ATC unit of the action taken and that this action has been taken under an emergency situation.

    (3) Subregulation (1) shall not prohibit a PIC from cancelling an IFR clearance when operating in visual meteorological conditions or cancelling a controlled flight clearance when operating in airspace that does not require controlled flight.

    (4) A PIC shall not, when operating in airspace requiring controlled flight, operate contrary to ATC instructions, except in an emergency.

    (5) A PIC who deviates from an ATC clearance or instructions in an emergency shall notify the ATC of that deviation as soon as possible.

57.    Route to be flown

    (1) Unless otherwise authorised or directed by the appropriate ATC unit, a PIC of a controlled flight shall, in so far as practicable—

    (a)    when on an established air traffic service route, operate along the defined centre line of that route; or

    (b)    when on any other route, operate directly between the navigation facilities or points defining that route.

    (2) A PIC shall notify the appropriate ATC unit of any deviation from the requirements in subregulation (1).

    (3) A PIC of a controlled flight operating along an air traffic service route defined by reference to very high frequency omnidirectional range (VOR) shall change over for primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the change-over point, where established.

58.    Deviations from current flight plan

    (1) A PIC of an aircraft shall take the following action in the event that a controlled flight inadvertently deviates from its CPL current flight plan—

    (a)    if the aircraft is off track, the PIC shall adjust the heading of the aircraft to regain track as soon as practicable;

    (b)    the PIC shall inform the appropriate ATC unit if the average true airspeed at cruising level between reporting points varies from that given in the flight plan or is expected to vary by plus or minus five per cent of the true airspeed;

    (c)    the PIC shall notify the appropriate ATC unit and give a revised estimated time as soon as possible if the time estimate for the next applicable reporting point is found to be in error in excess of three minutes from that notified to ATC unit, or such other period of time as is prescribed by the appropriate air traffic service authority or on the basis of air navigation regional agreements; and

    (d)    if—

        (i)    there is a deviation from ATC assigned Mach number or indicated airspeed, the PIC shall inform the appropriate air traffic services unit immediately,

        (ii)    the sustained Mach number or true airspeed at cruising level varies by plus or minus Mach 0.02 or more, or plus or minus 19 km/h (10 kt) true airspeed or more from the current flight plan, the PIC shall inform the appropriate air traffic services unit, or

        (iii)    the time estimate for the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, changes in excess of two minutes from that previously notified to air traffic services, or such other period of time as is prescribed by the appropriate air traffic service authority or on the basis of regional air navigation agreements, except where ADS-C is activated and serviceable in airspace where ADS-C services are provided, the flight crew member shall notify the appropriate air traffic services unit as soon as possible.

    (2) Where an ADS-C agreement is in place, air traffic service unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract.

    (3) A request for current flight plan changes shall include information as indicated hereunder—

    (a)    change of cruising level: aircraft identification, requested new cruising level and cruising Mach number or true airspeed at this level and revised time estimates, when applicable at subsequent reporting points or flight information region boundaries;

    (b)    change of Mach number or true airspeed: aircraft identification and requested Mach number or true airspeed;

    (c)    change of route—

        (i)    Destination unchanged: aircraft identification, flight rules, description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence, revised time estimates and any other pertinent information,

        (ii)    destination changed: aircraft identification, flight rales, description of revised route of flight to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence, revised time estimates, alternate aerodrome and any other pertinent information; or

    (d)    when it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall—

        (i)    request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required,

        (ii)    if clearance in accordance with subparagraph (i) cannot be obtained, continue to operate in VMC and notify the appropriate ATC unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome,

        (iii)    if operated within a control zone, request authorisation to operate as a special VFR flight, or

        (iv)    request clearance to operate in accordance with the instrument flight rules.

59.    Air traffic control clearance-intended changes

    A PIC requesting for ATC clearance changes shall include the following information in the request—

    (a)    for change of cruising level—

        (i)    aircraft identification,

        (ii)    requested new cruising level and cruising speed at this level, and

        (iii)    revised time estimates, when applicable, at subsequent flight information region boundaries; or

    (b)    for change of route—

        (i)    destination unchanged—

            (aa)    aircraft identification;

            (bb)    flight rules;

            (cc)    description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence;

            (dd)    revised time estimates; and

            (ee)    any other pertinent information, or

        (ii)    destination changed—

            (aa)    aircraft identification;

            (bb)    flight rules;

            (cc)    description of revised route of flight to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence;

            (dd)    revised time estimate;

            (ee)    alternate aerodrome; and

            (ff)    any other relevant information.

60.    Position reports

    (1) A PIC of a controlled flight shall report to the appropriate ATC unit, as soon as possible—

    (a)    the time and level of passing a designated compulsory reporting point, except that while the aircraft is under radar control, only the passing of those reporting points specifically requested by an ATC unit need be reported, together with any other required information, unless exempted from this requirement by the appropriate ATC unit under conditions specified by the Authority;

    (b)    any unforecasted weather conditions encountered; and

    (c)    any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications.

    (2) A PIC of a controlled flight shall make position reports in relation to additional points when requested by the appropriate ATC unit.

    (3) In the absence of a designated reporting point, a PIC of a controlled flight shall make a position report at intervals provided for by the Authority or specified by the appropriate ATC unit.

    (4) A PIC of a controlled flight providing position information to the appropriate ATC unit via data link communications shall only provide voice position reports when requested.

    (5) A PIC of a controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate ATC unit as soon as the flight ceases to be subject to ATC service.

61.    Communications

    (1) A person operating an aircraft as a controlled flight shall maintain a continuous air-ground voice communication watch on the appropriate radio frequency of, and establish two-way communication as required, with the appropriate ATC unit.

    (2) An automatic signalling device may be used to satisfy the requirement to maintain a continuous listening watch, if authorised by the Authority.

62.    Communication failure – air-to-ground

    (1) Where a PIC is unable to establish contact with an aeronautical ground station in order to comply with regulation 61 the PIC shall attempt to establish communications with the appropriate ATC unit using all other available means.

    (2) Where an aircraft forms part of the aerodrome traffic at a controlled aerodrome, the PIC shall keep watch for instructions that may be issued by visual signals.

    (3) Where an aircraft is equipped with SSR transponder, the PIC shall select Mode A, Code 7600.

    (4) If a PIC is unable to establish communication in accordance with subregulation (1) and is in visual meteorological conditions, the PIC shall—

    (a)    continue to fly in visual meteorological conditions; and

    (b)    land at the nearest suitable aerodrome and report his or her arrival by the most expeditious means to the appropriate ATC unit; or

    (c)    if considered advisable, complete an IFR flight in accordance with subregulation (5).

    (5) Where a PIC is unable to establish communication in accordance with subregulation (1) and is in IMC or when the PIC of an IFR flight considers it inadvisable to complete the flight in accordance with subregulation (4)(a) and (b), the PIC shall—

    (a)    in airspace where radar is not used in the provision of ATC, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the PIC’s failure to report the aircraft’s position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan;

    (b)    proceed according to the current flight plan route to the appropriate designated navigation aid or fix serving the destination aerodrome and, when required to ensure compliance with subparagraph (c) below, hold over this aid or fix until commencement of descent;

    (c)    commence descent from the navigation aid or fix specified in subparagraph (b) at, or as close as possible to the EAT last received and acknowledged or, if no EAT has been received and acknowledged, at or as close as possible to the ETA resulting from the CPL;

    (d)    complete a normal instrument approach procedure as specified for the designated navigation aid or fix;

    (e)    land, if possible, within 30 minutes after the ETA specified in subparagraph (e) or the last acknowledged EAT, whichever is later; and

    (f)    if unable to land as specified in subparagraph (e), the PIC shall not approach to land visually but shall leave the vicinity of the aerodrome and any associated controlled airspace at the specified altitude on a specified route, and if no altitude or route is specified the PIC shall fly at the last assigned altitude or minimum sector altitude, whichever is the higher, to avoid areas of dense traffic, and then the PIC shall either—

        (i)    fly to an area in which flight may be continued in visual meteorological conditions and land at a suitable aerodrome there, or

        (ii)    select a suitable area in which to descend through cloud, fly visually to a suitable aerodrome and land as soon as practicable.

    (6) Where a PIC is unable to establish communication in accordance with subregulation (1) and is in IMC or when the PIC of an IFR flight considers it inadvisable to complete the flight in accordance with subregulation (4)(a) and (b), the PIC shall—

    (a)    in airspace where radar is used in the provision of ATC, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of seven minutes following—

        (i)    the time the last assigned level or minimum flight altitude is reached,

        (ii)    the time the transponder is set to Mode A, Code 7600, or

        (iii)    the PIC’s failure to report the aircraft’s position over a compulsory reporting point, whichever is later, and thereafter adjust level and speed in accordance with the filed flight plan;

    (b)    when being radar vectored or having been directed by ATC to proceed offset using area navigation without a specified limit, rejoin the CPL current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude; and

    (c)    the provisions of subregulation (5)(b), (c), (d), (e) and (f) shall apply.

63.    Communication failure – ground-to-air

    (1) Where an aeronautical station is unable to establish contact with a PIC after a call on the frequency on which the PIC is believed to be listening, the station shall—

    (a)    request other aeronautical stations to render assistance by calling the PIC and relaying traffic information, if necessary; or

    (b)    request the PIC of other aircraft on the route to attempt to establish Communication with the aircraft and relay traffic information, if necessary.

    (2) The provisions of subregulation (1) shall also be applied—

    (a)    on request of the air traffic service unit concerned; or

    (b)    when an expected communication from a PIC has not been received within 30 minutes of a communication failure being suspected.

    (3) Where an attempt under subregulation (1) fail, the aeronautical station shall transmit messages addressed to the PIC, other than messages containing an ATC clearance, by blind transmission on the frequency on which the PIC is believed to be listening.

64.    Unlawful interference of aircraft

    (1) A PIC of an aircraft which is being subjected to an unlawful interference shall endeavour to notify the appropriate air traffic service unit of—

    (a)    the unlawful interference;

    (b)    any significant circumstances associated with the unlawful interference; and

    (c)    any deviation from the CPL necessitated by the circumstances, in order to enable the air traffic service unit to give priority to the aircraft and to minimise conflict with other aircraft.

    (2) A PIC shall, when and if possible, operate the SSR Mode A, Code 7500 to indicate that the aircraft is being subjected to an unlawful interference, and where circumstances require, a SSR Mode A, Code 7700 to indicate that it is threatened by grave and imminent danger and requires immediate assistance.

    (3) Where an air traffic service unit knows or believes that an aircraft is being subjected to an unlawful interference, no reference shall be made in air traffic service air-ground communications to the nature of the emergency unless it has first been referred to in communications from the aircraft involved and it is certain that such reference will not aggravate the situation.

65.    Lawful interception of aircraft

    (1) Interception of a civil aircraft shall—

    (a)    be undertaken only as a last resort;

    (b)    if undertaken, be limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its planned track, direct it beyond the boundaries of national airspace, guide it away from a prohibited, restricted or danger area or instruct it to effect a landing at a designated aerodrome;

    (c)    not be undertaken for practice of interception of civil aircraft;

    (d)    ensure that navigational guidance and related information will be given to an intercepted aircraft by RTF, whenever radio contact can be established; or

    (e)    ensure that, in the case where an intercepted civil aircraft is required to land in the territory overflown, the aerodrome designated for the landing is suitable for the safe landing of the aircraft type concerned.

    (2) A PIC of a civil aircraft when intercepted shall immediately—

    (a)    follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in regulation 43;

    (b)    notify, if possible, the appropriate air traffic service unit;

    (c)    attempt to establish radio communication with the intercepting aircraft or with the appropriate intercepting control unit, by making a general call on the emergency frequency 121.5 MHz, giving the identity of the intercepted aircraft and the nature of the flight, and if no contact has been established and if practicable, repeat this call on the emergency frequency 243 MHz;

    (d)    if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic service unit; or

    (e)    if equipped with ADS-B or ADS-C, select the appropriate emergency functionality, if available, unless otherwise instructed by the appropriate air traffic services unit.

    (3) If any instruction received by radio from any sources conflict with those given by the intercepting aircraft by visual signals, the PIC of the intercepted aircraft shall request immediate clarification while continuing to comply with the visual instructions given by the intercepting aircraft.

    (4) If any instruction received by radio from any sources conflict with those given by the intercepting aircraft by radio, the PIC of the intercepted aircraft shall request immediate clarification while continuing to comply with the radio instructions given by the intercepting aircraft.

    (5) In intercepting a civil aircraft, the intercepting aircraft shall take due account of the performance limitations of civil aircraft, the need to avoid flying in such proximity to the intercepted aircraft that a collision hazard may be created and the need to avoid crossing the intercepted aircraft’s flight path or to perform any other manoeuvre in such a manner that the wake turbulence may be hazardous, particularly if the intercepted aircraft is a light aircraft.

    (6) A PIC of intercepting aircraft equipped with a SSR transponder shall suppress the transmission of pressure-altitude information (in Mode C replies or in the AC field of Mode S replies) within a range of at least 37 kilometres of the aircraft being intercepted in order to prevents the ACAS in the intercepted aircraft from using resolution advisories in respect of the interceptor, while the ACAS traffic advisory information will remain available.

    (7) If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations shown in Table A2-1 in Schedule 8 and transmitting each phrase twice.

PART VII
Miscellaneous Provisions (regs 66-69)

66.    Reporting of hazardous conditions

    A PIC shall, on encountering with hazardous conditions in the course of a flight, or as soon as possible thereafter, send, to the appropriate air traffic service unit by the quickest means available, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

67.    Classification of airspace

    Air traffic service airspaces classification in Botswana is shown in the aeronautical information publication and classified and designated as set out in Schedule 7 and the Civil Aviation (Air Traffic Services) Regulations (Cap. 71:01 (Sub. Leg.)).

68.    Flight in Class A airspace

    A PIC shall, in relation to flights in visual meteorological conditions in Class A airspace, comply with regulations 56 and 71 as if the flights were IFR flights but shall not elect to continue the flight in compliance with the VFR for the purposes of regulation 71.

69.    Co-ordination of activities potentially hazardous to civil aircraft

    (1) A person shall not carry out activities that are potentially hazardous to aircraft whether flying over Botswana or over the territorial waters of Botswana without approval from the Authority.

    (2) Notwithstanding the generality of subregulation (1)—

    (a)    a person shall not intentionally project, or cause to be projected, a laser beam or other directed high intensity light at an aircraft in such a manner as to create a hazard to aviation safety, damage to the aircraft or injury to its crew or passengers;

    (b)    a person using or planning to use lasers or other directed high-intensity lights outdoors in such a manner that the laser beam or other light beam may enter navigable airspace with sufficient power to cause an aviation hazard shall provide written notification to the competent authority; and

    (c)    a PIC shall not deliberately operate an aircraft into a laser beam or other directed high-intensity light unless flight safety is ensured.

    (3) A person shall not release into the atmosphere any radioactive material or toxic chemicals which could affect the safety of aircraft.

PART VIII
Visual Flight Rules (regs 70-79)

70.    Weather limitations for visual flight rules flights

    (1) A person shall not commence a flight to be conducted in accordance with VFR unless—

    (a)    available current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route allow VFR operations; or

    (b)    part of the route to be flown under VFR, shall, at the appropriate time, allow VFR operations.

    (2) Any person who contravenes the provision of subregulation (1) commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding five years, or to both.

71.    Visual meteorological conditions

    Except when operating a SVFR flight, a person shall conduct a flight so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Schedule 9.

72.    Visual flight rules within control zone

    A PIC of a VFR flight shall not take off or land at an aerodrome within a CTR, or enter the aerodrome traffic zone or traffic pattern when—

    (a)    the ceiling is less than 1 500 feet; or

    (b)    the ground visibility is less than five kilometres,

except when a VFR clearance is obtained from an ATC unit.

73.    Minimum safe visual flight rules altitudes

    A VFR flight shall not be flown, except when necessary for take-off or landing, or except by permission from the Authority—

    (a)    over congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 1 500 feet above the highest obstacle within a radius of 600 metres from the aircraft; or

    (b)    elsewhere than specified in paragraph (a), at a height less than 500 feet above the ground or water.

74.    Air traffic control clearances for visual flight rules flights

    A PIC of a VFR flight shall comply with the provisions of regulations 54, 55, 56, 58, 59, 60 and 61 when—

    (a)    operating within Class C airspace;

    (b)    forming part of aerodrome traffic at controlled aerodrome; or

    (c)    operating as a special VFR flight.

75.    Weather deterioration below visual meteorological conditions

    A PIC of a VFR flight operated as a controlled flight shall, when it becomes evident that flight in visual meteorological conditions in accordance with its current control flight plan will not be practicable—

    (a)    request an amended clearance enabling the aircraft to continue in visual meteorological conditions to its destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required;

    (b)    if clearance cannot be obtained in accordance with paragraph (a), continue to operate in visual meteorological conditions and notify the appropriate ATC unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome;

    (c)    if operating within a CTR, request authorisation to operate as a SVFR; or

    (d)    request clearance to operate in IFR, if currently rated for IFR operations.

76.    Visual flight rules flight within designated areas

    A PIC operating a VFR flight within or into areas, or along routes, designated by the Authority in accordance with regulation 49(2)(c) or (d) shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic service unit providing FIS.

77.    Choice of visual flight rules or instrument flight rules

    (1) A person shall, subject to regulation 68, fly an aircraft in accordance with VFR or IFR:

    Provided that—

    (a)    an aircraft flying at night shall be flown in accordance with the IFR, or, in a CTR, in accordance with the IFR or the provisions of regulation 78; and

    (b)    irrespective of meteorological conditions, the PIC shall, when operating at or above flight level 150, fly in accordance with IFR.

    (2) Unless authorised by the appropriate air traffic service authority, VFR flights shall not be operated—

    (a)    above flight level 145;

    (b)    at night; or

    (c)    at supersonic or transonic speeds.

    (3) An authorisation for VFR flights to operate above FL 290 shall not be granted in areas where a vertical separation minimum of 300 m (1 000 ft) is applied above FL 290.

78.    Special visual flight rules flight

    (1) A PIC flying an aircraft in a CTR, in the case of a SVFR flight shall remain clear of cloud and in sight of the ground or water and shall fly the aircraft in accordance with any instructions given by the appropriate ATC unit.

    (2) A PIC flying a SVFR flight shall not fly in a CTR when the flight visibility is less than 1 500 metres or the ceiling is less than 500 feet.

79.    Changing from visual flight rules to instrument flight rules

    A PIC operating in VFR who wishes to change to IFR shall—

    (a)    where a flight plan was submitted, communicate the necessary changes to be effected to the CPL; or

    (b)    when so required by the provisions of regulation 49, submit a flight plan to the appropriate ATC unit and obtain a clearance prior to proceeding to operate in IFR when in controlled airspace.

PART IX
Instrument Flight Rules (regs 80-85)

80.    Aircraft equipment

    (1) A PIC shall ensure that an aircraft is equipped with suitable instruments and with navigation equipment appropriate to the route to be flown to enable the operation of an IFR flight.

    (2) A PIC who operates an aircraft without the required equipment in accordance subregulation (1), commits an offence and is liable to a fine not exceeding P50 000 or to a term of imprisonment not exceeding five years, or to both.

81.    Instrument flight rules flights in controlled airspace

    A PIC of an aircraft operating an IFR flight in controlled airspace shall—

    (a)    fly the aircraft at a cruising level, or, if authorised to employ cruise climb techniques between two levels or above a level, selected from—

        (i)    Schedule 1 in areas where, on the basis of regional air navigation agreements and in accordance with conditions specified therein, a vertical separation minimum of 1 000 feet is applied between flight level 290 and flight level 410 inclusive, or

        (ii)    a modified table of cruising levels, when so provided as set out in Schedule 1 for flight above FL410; except that the correlation of levels to track prescribed therein shall not apply whenever otherwise indicated in ATC clearances or provided for by the Authority in the Aeronautical Information Publication; and

    (b)    comply with the provisions of regulations 54, 55, 56, 58, 59, 60 and 61.

82.    Instrument flight rules flights outside controlled airspace

    A PIC operating an IFR flight outside a controlled airspace—

    (a)    shall fly at a cruising level selected from Schedule 1;

    (b)    within or into areas, or along routes specified in regulation 49(2)(c) or (d), shall maintain a listening watch on the appropriate communication channel and establish two-way communication, as necessary with air traffic service unit providing FISs; and

    (c)    shall report the aircraft’s position as required by the provisions of regulation 60.

83.    Malfunction reports-operation under instrument flight rules in controlled airspace

    (1) A PIC of an aircraft operated in controlled airspace under IFR shall report as soon as practical to ATC unit any malfunctions of navigation, approach, or communication equipment occurring in flight.

    (2) A PIC shall include in each report specified in subregulation (1)—

    (a)    the aircraft identification;

    (b)    the equipment affected;

    (c)    the degree to which the capability of the PIC to operate under IFR in the ATC system is impaired; and

    (d)    the nature and extent of assistance desired from ATC unit.

84.    Minimum flight altitudes for instrument flight rules operations

    (1) A PIC shall, except when necessary for take-off or landing, fly an IFR flight at a level which is not below the minimum flight altitude established by the authority of the State whose territory is overflown.

    (2) A PIC shall, where the authority of a State whose territory is overflown has not established a minimum flight attitude—

    (a)    operate an IFR flight for flights over high terrain or in mountainous areas, at a level which is at least 2 000 feet above the highest obstacle located within eight kilometres of the estimated position of the aircraft; or

    (b)    operate an IFR flight for flights elsewhere than as specified in paragraph (a), at a level which is at least 1 000 feet above the highest obstacle located within eight kilometres of the estimated position of the aircraft.

85.    Change from instrument flight rules flight to visual flight rules flight

    (1) A PIC electing to change from IFR flight to VFR flight shall notify the appropriate ATC unit specifically, that the IFR flight is cancelled and then communicate the changes to be made to the CPL.

    (2) Where a PIC operating under IFR is flying in or encounters visual meteorological conditions, the PIC shall not cancel the IFR flight unless it is anticipated, and intended, that the flight shall be continued for a reasonable period of time in uninterrupted visual meteorological conditions.

    (3) A PIC who contravenes the provisions of this regulation commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding five years, or to both.

PART X
Offences and Penalties (regs 86-87)

86.    Offences and penalties

    (1) A person who contravenes any directive issued under these Regulations commits an offence.

    (2) Where any provision of these Regulations is contravened in relation to an aircraft, the operator of that aircraft and the PIC, if the operator or the PIC is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed to have contravened that provision unless the operator of the aircraft or the PIC proves that the contravention occurred without the operator of the aircraft or the PIC’s consent or connivance and that the operator of the aircraft or the PIC exercised all due diligence to prevent the contravention.

    (3) Any person who commits an offence or unlawful act for which no specific penalty has been provided for shall be liable to a fine not exceeding P100 000, or to a term of imprisonment not exceeding 10 years, for each offence.

87.    Revocation of S.I. No. 24 of 2012

    The Civil Aviation (Rules of the Air and Air Traffic Services) Regulations are hereby revoked.

SCHEDULE 1
CRUISING LEVELS

(regs 16(2), 16(3), 16(4), 81(a)(i) and (ii) and 82(a))

    The cruising levels to be observed when so required by these Regulations are as follows—

    RVSM – FEET

    (a)    In areas where feet are used for altitude and where, in accordance with regional air navigation agreements, a vertical separation minimum of 1 000 ft is applied between FL 290 and FL 410 inclusive—*

 

 

    RVSM – METRES

    (b)    In areas where metres are used for altitude and where, in accordance with regional air navigation agreements, a vertical separation minimum of 300 m is applied between 8 900 m and 12 500 m inclusive—*

 

Non-RVSM — FEET

    (c)    In other areas where feet are the primary unit of measurement for altitude—

 

 

SCHEDULE 2
REMOTELY PILOTED AIRCRAFT SYSTEMS

(reg 20)

1.0     General operating rules

    1.1    A remotely piloted aircraft system (RPAS) engaged in international air navigation shall not be operated in Botswana without appropriate authorisation from the State from which the take-off of the remotely piloted aircraft (RPA) is made.

    1.2    An RPA shall not be operated across the territory of another State without special authorisation issued by each State in which the flight is to operate. This authorisation may be in the form of agreements between Botswana and another State.

    1.3    The authorisation and co-ordination referred to in 1.1 and 1.2 shall be obtained prior to take-off if there is reasonable expectation, when planning the operation, that the aircraft may enter the airspace concerned.

    1.4    An RPAS shall be operated in accordance with conditions specified by the Authority, the State of the Operator, if not Botswana, and the State(s) in which the flight is to operate.

    1.5    Flight plans shall be submitted in accordance with these Regulations or as otherwise prescribed by the Authority or the State(s) in which the flight is to operate.

    1.6    RPAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.

    2.0    Certificates and licensing

    Note 1. — Pending the coming into force of international Standards respecting particular categories, classes or types of aircraft, certificates issued or rendered valid, under national Regulations, by an ICAO Contracting State in which the aircraft is registered shall be recognised by Botswana for the purposes of flight over Botswana territory, including landings and take-offs.

    Note 2. — Certification and licensing Standards are not yet developed. Thus, in the meantime, any certification and licensing need not be automatically deemed to comply with the SARPs of the related ICAO Annexes; including Annex 1, 6 and 8; until such time as the related RPAS SARPs are developed.

    2.1    An RPAS shall be approved, taking into account the interdependencies of the components, in accordance with national Regulations and in a manner that is consistent with the provisions of related Annexes. In addition—

        (a)    an RPA shall have a certificate of airworthiness issued in accordance with national Regulations and in a manner that is consistent with the provisions of Annex 8; and

        (b)    the associated RPAS components specified in the type design shall be certificated and maintained in accordance with national Regulations and in a manner that is consistent with the provisions of related ICAO Annexes.

    2.2    An operator shall have an RPAS operator certificate issued by the Authority and in a manner that is consistent with the applicable requirements.

    2.3    Remote pilots shall be licensed, or have their licences rendered valid, as may be provided for by the Authority.

3.0        Request for authorisation

    3.1    The request for authorisation referred to in 1.2 above shall be made to the Authority not less than seven days before the date of the intended flight unless otherwise specified.

    3.2    Unless otherwise specified the request for authorisation shall include the following—

        (a)    name and contact information of the operator;

        (b)    RPA characteristics (type of aircraft, maximum certificated take-off mass, number of engines, wing span);

        (c)    copy of certificate of registration;

        (d)    aircraft identification to be used in radiotelephony, if applicable;

        (e)    copy of the certificate of airworthiness;

        (f)    copy of the RPAS operator certificate;

        (g)    copy of the remote pilot(s) licence;

        (h)    copy of the aircraft radio station licence, if applicable;

        (i)    description of the intended operation (to include type of operation or purpose), flight rules, visual line-of-sight (VLOS) operation if applicable, date of intended flight(s), point of departure, destination, cruising speed(s), cruising level(s), route to be followed, duration/frequency of flight;

        (j)    take-off and landing requirements;

        (k)    RPA performance characteristics, including—

            (ii)    typical and maximum climb rates;

            (iv)    typical and maximum turn rates;

            (vi)    maximum aircraft endurance;

        (l)    communications, navigation and surveillance capabilities—

            (ii)    navigation equipment, and

            (i)    communications failure with ATC,

            (iii)    remote pilot/RPA observer communications failure, if applicable;

        (o)    number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable;

        (p)    document attesting noise certification as prescribed by the Authority, if applicable;

        (q)    confirmation of compliance with national security standards, to include security measures relevant to the RPAS operation, as appropriate;

        (r)    payload information/description; and

        (s)    proof of adequate insurance/liability coverage.

    3.3    When certificates or other documents identified in 3.2 above are issued in a language other than English, an English translation shall be included.

    3.4    After authorisation has been obtained from the Authority, air traffic services notification and co-ordination shall be completed as prescribed by the Authority.

Note 3. — A request for authorisation does not satisfy the requirement to file a flight plan with the air traffic services units.

    3.5    Changes to the authorisation shall be submitted for consideration to the Authority. If the changes are approved, all affected authorities shall be notified by the operator.

    3.6    In the event of a flight cancellation, the operator or remote pilot shall notify all appropriate authorities as soon as possible.

 

SCHEDULE 3
UNMANNED FREE BALLOONS

(reg 11)

1.    Classification of unmanned free balloons

    Unmanned free balloons shall be classified as—

    (a)    light: an unmanned free balloon which carries a payload of one or more packages with a combined mass of less than 4 kg, unless qualifying as a heavy balloon in accordance with (c)(ii), (iii) or (iv) below;

    (b)    medium: an unmanned free balloon which carries a payload of two or more packages with a combined mass of 4 kg or more, but less than 6 kg, unless qualifying as a heavy balloon in accordance with (c)(ii), (iii) or (iv) below; or

    (c)    heavy: an unmanned free balloon which carries a payload which—

        (i)    has a combined mass of 6 kg or more;

        (ii)    includes a package of 3 kg or more;

        (iii)    includes a package of 2 kg or more with an area density of more than 13 g per square centimetre; or

        (iv)    uses a rope or other device for suspension of the payload that requires an impact force of 230 N or more to separate the suspended payload from the balloon.

Note 1. — The area density referred to in (c)(iii) is determined by dividing the total mass in grains of the payload package by the area in square centimetres of its smallest surface.

Note 2. — See Figure A5-1.

2.    General operating rules

    2.1    An unmanned free balloon shall not be operated without appropriate authorisation from the State from which the launch is made.

    2.2    An unmanned free balloon, other than a light balloon used exclusively for meteorological purposes and operated in the manner prescribed by the appropriate authority, shall not be operated across the territory of another State without appropriate authorisation from the other State concerned.

    2.3    The authorisation referred to in 2.2—

        (a)    shall be obtained prior to the launching of the balloon if there is reasonable expectation, when planning the operation that the balloon may drift into airspace over the territory of another State; and

        (b)    may be obtained for a series of balloon flights or for a particular type of recurring flight, e.g. atmospheric research balloon flights.

    2.4    An unmanned free balloon shall be operated in accordance with conditions specified by the State of Registry and the State(s) expected to be overflown.

 

Figure A5-1. Classification of unmanned free balloons

    2.5    An unmanned free balloon shall not be operated in such a manner that impact of the balloon, or any part thereof, including its payload, with the surface of the earth, creates a hazard to persons or property not associated with the operation.

    2.6    A heavy unmanned free balloon shall not be operated over the high seas without prior co-ordination with the appropriate air traffic service authority.

3.    Operating limitations and equipment requirements

    3.1    A heavy unmanned free balloon shall not be operated without authorisation from the appropriate air traffic service authority at or through any level below 18 000 m (60 000 ft) pressure-altitude at which—

        (a)    there are clouds or obscuring phenomena of more than four oktas coverage; or

        (b)    the horizontal visibility is less than 8 km.

    3.2    A heavy or medium unmanned free balloon shall not be released in a manner that will cause it to fly lower than 300 m (1 000 ft) over the congested areas of cities, towns or settlements or an open-air assembly of persons not associated with the operation.

    3.3    A heavy unmanned free balloon shall not be operated unless—

        (a)    it is equipped with at least two payload flight-termination devices or systems, whether automatic or operated by telecommand, that operate independently of each other;

        (b)    for polyethylene zero-pressure balloons, at least two methods, systems, devices, or combinations thereof, that function independently of each other are employed for terminating the flight of the balloon envelope;

(Note. — Superpressure balloons do not require these devices as they quickly rise after payload discharge and burst without the need for a device or system designed to puncture the balloon envelope. In this context a superpressure balloon is a simple non-extensible envelope capable of withstanding a differential of pressure, higher inside than out. It is inflated so that the smaller night-time pressure of the gas still fully extends the envelope. Such a superpressure balloon will keep essentially constant level until too much gas diffuses out of it); and

        (c)    the balloon envelope is equipped with either a radar reflective device(s) or radar reflective material that will present an echo to surface radar operating in the 200 MHz to 2 700 MHz frequency range, and/or the balloon is equipped with such other devices as will permit continuous tracking by the operator beyond the range of ground-based radar.

    3.4    A heavy unmanned free balloon shall not be operated under the following conditions—

        (a)    in an area where ground-based SSR equipment is in use, unless it is equipped with a secondary surveillance radar transponder, with pressure-altitude reporting capability, which is continuously operating on an assigned code, or which can be turned on when necessary by the tracking station; or

        (b)    in an area where ground-based ADS-B equipment is in use, unless it is equipped with an ADS-B transmitter, with pressure-altitude reporting capability, which is continuously operating or which can be turned on when necessary by the tracking station.

    3.5    An unmanned free balloon that is equipped with a trailing antenna that requires a force of more than 230 N to break it at any point shall not be operated unless the antenna has coloured pennants or streamers that are attached at not more than 15 m intervals.

    3.6    A heavy unmanned free balloon shall not be operated below 18 000 m (60 000 ft) pressure-altitude between sunset and sunrise or such other period between sunset and sunrise (corrected to the altitude of operation) as may be prescribed by the appropriate air traffic service authority, unless the balloon and its attachments and payload, whether or not they become separated during the operation, are lighted.

    3.7    A heavy unmanned free balloon that is equipped with a suspension device (other than a highly conspicuously coloured open parachute) more than 15 m long shall not be operated between sunrise and sunset below 18 000 m (60 000 ft) pressure-altitude unless the suspension device is coloured in alternate bands of high conspicuity colours or has coloured pennants attached.

4.    Termination

The operator of a heavy unmanned free balloon shall activate the appropriate termination devices required by 3.3(a) and (b) above—

    (a)    when it becomes known that weather conditions are less than those prescribed for the operation;

    (b)    if a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or

    (c)    prior to unauthorised entry into the airspace over another State's territory.

5.    Flight notification

    5.1    Pre-flight notification

        5.1.1    Early notification of the intended flight of an unmanned free balloon in the medium or heavy category shall be made to the appropriate air traffic services unit not less than seven days before the date of the intended flight.

        5.1.2    Notification of the intended flight shall include such of the following information as may be required by the appropriate air traffic services unit—

            (b)    balloon classification and description;

            (d)    operator’s name and telephone number;

            (f)    estimated time of launch (or time of commencement and completion of multiple launches);

            (h)    expected direction of ascent;

            (j)    the estimated elapsed time to pass 18 000 m (60 000 ft) pressure-altitude or to reach cruising level if at or below 18 000 m (60 000 ft), together with the estimated location;

            (k)    the estimated date and time of termination of the flight and the planned location of the impact/recovery area. In the case of balloons carrying out flights of long duration, as a result of which the date and time of termination of the flight and the location of impact cannot be forecast with accuracy, the term "long duration" shall be used—

 

            Note. — This signal should not be expected on the base and final legs of the approach.

          (i)    during the hours of daylight by moving the aircraft’s ailerons or rudder, and

            (ii)    during the hours of darkness by flashing on and off twice the aircraft’s landing lights or, if not so equipped, by switching on and off twice its navigation lights.

4.2     Visual ground signals

Note — For details of visual ground aids, see Annex 14.

    4.2.1    Prohibition of landing

A horizontal red square panel with yellow diagonals (Figure A1-2) when displayed in a signal area indicates that landings are prohibited and that the prohibition is liable to be prolonged.

        

        Figure A1-2

    4.2.2    Need for special precautions while approaching or landing

    A horizontal red square panel with one yellow diagonal (Figure A1-3) when displayed in a signal area indicates that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing.

    

    Figure A1-3

    4.2.3    Use of runways and taxiways

    4.2.3.1    A horizontal white dumb-bell (Figure A1-4) when displayed in a signal area indicates that aircraft are required to land, take off and taxi on runways and taxiways only.

            

                        Figure A1-4

        4.2.3.2    The same horizontal white dumb-bell as in 4.2.3.1 but with a black bar placed perpendicular to the shaft across each circular portion of the dumb-bell (Figure A1-5) when displayed in a signal area indicates that aircraft are required to land and take off on runways only, but other manoeuvres need not be confined to runways and taxiways.

            

                        Figure A1-5

    Crosses of a single contrasting colour, yellow or white (Figure A1-6), displayed horizontally on runways and taxiways or parts thereof indicate an area unfit for movement of aircraft.

            

                Figure A1-6

        4.2.5.1    A horizontal white or orange landing T (Figure A1-7) indicates the direction to be used by aircraft for landing and take-off, which shall be in a direction parallel to the shaft of the T towards the cross arm.

Note. — When used at night, the landing T is either illuminated or outlined in white lights.

    

        Figure A1-7

        4.2.5.2    A set of two digits (Figure A1-8) displayed vertically at or near the aerodrome control tower indicates to aircraft on the manoeuvring area the direction for take-off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass.

            

        Figure A1-8

        4.2.6    Right-hand traffic

    When displayed in a signal area, or horizontally at the end of the runway or strip in use, a right-hand arrow of conspicuous colour (Figure A1-9) indicates that turns are to be made to the right before landing and after take-off.

        

        Figure A1-9

        4.2.7    Air traffic services reporting office

    The letter C displayed vertically in black against a yellow background (Figure AMO) indicates the location of the air traffic services reporting office.

    

        Figure A1-10

        4.2.8    Glider flights in operation

    A double white cross displayed horizontally (Figure A1-11) in the signal area indicates that the aerodrome is being used by gliders and that glider flights are being performed.

    

        Figure A1-11

 

SCHEDULE 6
MARSHALLING SIGNALS

(regs 45(1), 45(5) and 46)

5.1 From a signalman to an aircraft

Note 1. — These signals are designed for use by the signalman, with hands illuminated as necessary to facilitate observation by the pilot, and facing the aircraft in a position —

    (a)    for fixed-wing aircraft, on left side of aircraft, where best seen by the pilot; and

    (b)    for helicopters, where the signalman can best be seen by the pilot.

Note 2. — The meaning of the relevant signals remains the same if bats, illuminated wands or torchlights are held.

Note 3 — The aircraft engines are numbered, for the signalman facing the aircraft, from right to left (i.e. No. 1 engine being the port outer engine).

Note 4. — Signals marked with an asterisk (*) are designed for use to hovering helicopters.

Note 5 — References to wands may also be read to refer to daylight-fluorescent table-tennis bats or gloves (daytime only).

Note 6. — References to the signalman may also be read to refer to marshaller.

    5.1.1    Prior to using the following signals, the signalman shall ascertain that the area within which an aircraft is to be guided is clear of objects which the aircraft, in complying with 3.4.1, might otherwise strike.

Note. — The design of many aircraft is such that the path of the wing tips, engines and other extremities cannot always be monitored visually from the flight deck while the aircraft is being manoeuvred on the ground.

 

 

 

1.    Wingwalker/guide

Raise right hand above head level with wand pointing up; move left-hand wand pointing down toward body.

Note. — This signal provides an indication by a person positioned at the aircraft wing tip, to the pilot/marshaller/push-back operator, that the aircraft movement on/off a parking position would be unobstructed.

 

 

 

2.    Identify gate

Raise fully extended arms straight above head with wands pointing up.

 

 

 

 

 

3.    Proceed to next signalman or as directed by tower/ground control

Point both arms upward; move and extend arms outward to sides of body and point with wands to direction of next signalman or taxi area.

 

 

 

4.    Straight ahead

Bend extended arms at elbows and move wands up and down from chest height to head.

 

 

 

5a). Turn left
(from pilot's point of view)

With right arm and wand extended at a 90-degree angle to body, make 'come ahead' signal with left hand. The rate of signal motion indicates to pilot the rate of aircraft turn.

 

 

 

5b). Turn right
(from pilot's point of view)

With left arm and wand emended at a 90-degree angle     to body, make "come ahead" signal with right hand. The rate of signal motion indicates to pilot the rate of aircraft turn.

 

 

 

 

 

6a).    Normal stop

Fully extend arms and wands at a 90-degree angle to sides and slowly move to above head until wands cross.

 

 

 

 

 

6b).    Emergency stop

Abruptly extend arms and wands to top of head, crossing wands.

 

 

 

 

 

7a).    Set brakes

Raise hand just above shoulder height with open palm. Ensuring eye contact with flight crew, close hand into a fist. Do not move until receipt of "thumbs up" acknowledgement from flight crew.

 

 

 

 

 

7b).    Release brakes

Raise hand just above shoulder height with hand closed in a fist. Ensuring eye contact with flight crew, open palm. Do not move until receipt of "thumbs up" acknowledgement from flight crew.

 

 

 

 

 

8a).    Chocks inserted

With arms and wands fully extended above head, move wands inward in a "jabbing" motion until wands touch. Ensure acknowledgement is received from flight crew.

 

 

 

8b).    Chocks removed

With arms and wands fully extended above head, move wands outward in a "jabbing" motion. Do not remove chocks until authorised by flight crew.

 

 

 

9.    Start engine(s)

Raise right arm to head level with wand pointing up and start a circular motion with hand; at the same time, with arm raised above head level, point to engine to be started.

 

 

 

10.    Cut engines

Extend arm with wand forward of body at shoulder level; move hand and wand to top of left shoulder and draw wand to top of right shoulder in a slicing motion across throat.

 

 

 

11.    Slow down

Move extended arms downwards in a "patting" gesture, moving wands up and down from waist to knees.

 

 

 

 

 

12.    Slow down engine(s) on indicated side

With arms down and wands toward ground, wave either right or left wand up and down indicating engine(s) on left or right side respectively should be slowed down.

 

 

 

 

 

13.    Move back

    With arms in front of body at waist height, rotate arms in a forward motion. To stop rearward movement, use signal 6a) or 6b).

 

 

 

 

 

14a).    Turns while backing
(for tail to starboard)

Point left arm with wand down and bring right arm from overhead vertical position to horizontal forward position, repeating right-arm movement.

 

 

 

 

 

14b).    Turns while banking
(for tail to port)

Point right arm with wand down and bring left arm from overhead vertical position to horizontal forward position, repeating left-arm movement.

 

 

 

 

 

15.    Affirmative/all clear

Raise right arm to head level with wand pointing up or display hand with "thumbs up"; left arm remains at side by knee.

Note.This signal is also used as a technical/servicing communication signal.

 

 

 

 

 

*16.    Hover

Fully extend arms and wands at a 90-degree angle to sides.

 

 

 

 

 

*17.    Move upwards

Fully extend arms and wands at a 90-degree angle to sides and, with palms turned up, move hands upwards. Speed of movement indicates rate of ascent.

 

 

 

 

 

*18.    Move downwards

Fully extend arms and wands at a 90-degree angle to sides and, with palms turned down, move hands downwards. Speed of movement indicates rate of descent.

 

 

 

*19a).    Move horizontally left
(from pilot's point of view)

Extend arm horizontally at a 90-degree angle to right side of body. Move other arm in same direction in a sweeping motion.

 

 

 

*19b).    Move horizontally right
(from pilot’s point of view)

Extend arm horizontally at a 90-degree angle to left side of body. Move other arm in same direction in a sweeping motion.

 

 

 

*20.    Land

Cross arms with wands downwards and in front of body.

 

 

 

21.    Hold position/stand by

Fully extend arms and wands downwards at a 45-degree angle to sides. Hold position until aircraft is clear for next manoeuvre.

 

 

 

22.    Dispatch aircraft

Perform a standard salute with right hand and/or wand to dispatch the aircraft. Maintain eye contact with flight crew until aircraft has begun to taxi.

 

 

 

23.    Do not touch controls
(technical/servicing
communication signal)

Extend right arm fully above head and close fist or hold wand in horizontal position; left arm remains at side by knee.

 

 

 

24.    Connect ground power
(technical/servicing
communication signal)

Hold arms fully extended above head; open left hand horizontally and move finger tips of right hand into and touch open palm of left hand (forming a "T"). At night, illuminated wands can also be used to form the "T" above head.

 

 

 

25.    Disconnect power
(technical/servicing
communication signal)

Hold arms fully extended above head with finger tips of right hand touching open horizontal palm of left hand (forming a "T"); then move right hand away from the left. Do not disconnect power until authorised by flight crew. At night, illuminated wands can also be used to form the "T" above head.

 

 

 

26.    Negative
(technical/servicing
communication signal)

Hold right arm straight out at 90 degrees from shoulder and point wand down to ground or display hand with "thumbs down"; left hand remains at side by knee.

 

 

 

27.    Establish communication
via interphone
(technical/servicing
communication signal)

Extend both arms at 90 degrees from body and move hands to cup both ears.

 

 

 

28.    Open/close stairs
(technical/servicing
communication signal)

With right arm at side and left arm raised above head at a 45-degree angle, move right arm in a sweeping motion towards top of left shoulder.

 

 

Note. — This signal is intended mainly for aircraft with the set of integral stairs at the front.

Note 2. — The aircraft engines are numbered in relation to the signalman facing the aircraft, from right to left (i.e. No. 1 engine being the port outer engine).

    5.2.1    Brakes

Note. — The moment the fist is clenched or the fingers are extended indicates, respectively, the moment of brake engagement or release.

    (a)    Brakes engaged: raise arm and hand, with fingers extended, horizontally in front of face, then clench fist.

    (b)    Brakes released: raise arm, with fist clenched, horizontally in front of face, then extend fingers.

    5.2.2    Chocks

    (a)    Insert chocks: arms extended, palms outwards, move hands inwards to cross in front of face.

    (b)    Remove chocks: hands crossed in front of face, palms outwards, move arms outwards.

    5.2.3    Ready to start engine(s)

    Raise the appropriate number of fingers on one hand indicating the number of the engine to be started.

5.3     Technical/servicing communication signals

    5.3.1    Manual signals shall only be used when verbal communication is not possible with respect to technical/servicing communication signals.

    5.3.2    Signalmen shall ensure that an acknowledgement is received from the flight crew member with respect to technical/servicing communication signals.

Note. — The technical/servicing communication signals are included in Appendix 1 to standardise the use of hand signals used to communicate to flight crew members during the aircraft movement process that relate to servicing or handling functions.

1.    STANDARD EMERGENCY HAND SIGNALS

The following hand signals are established as the minimum required for emergency communication between the aircraft rescue and firefighting (ARFF) incident commander/ARFF firefighters and the cockpit and/or cabin crews of the incident aircraft. ARFF emergency hand signals should be given from the left front side of the aircraft for the flight crew member.

Note. — In order to communicate more effectively with the cabin crew, emergency hand signals may be given by ARFF firefighters from other positions.

 

 

1.    Recommend evacuation

 

Evacuation recommended based on ARFF and incident commander's assessment of external situation.

Arm extended from body and held horizontal with hand upraised at eye level. Execute beckoning arm motion angled backward. Non-beckoning arm held against body.

Night — same with wands.

 

 

2.    Recommended stop

 

Recommend evacuation in progress be halted. Stop aircraft movement or other activity in progress.

Arms in front of head, crossed at wrists.

Night — same with wands.

 

 

3.    Emergency contained

 

No outside evidence of dangerous conditions or "all-clear".

Arms extended outward and down at a 45-degree angle.

Arms moved inward below waistline simultaneously until wrists crossed, then extended outward to starting position (umpire’s "safe" signal).

Night — same with wands.

 

 

4.    Fire

 

Move right-hand in a "fanning" motion from shoulder to knee, while at the same time pointing with left hand to area of fire.

Night — same with wands.

 

SCHEDULE 7
CLASSIFICATION OF AIR TRAFFIC SERVICES AIRSPACES

(reg 67)

Class

Type of flight

Separation provided

Service provided

Speed limitation

Radio communication requirement

Subject to an ATC Clearance

A

IFR only

All aircraft

Air traffic control Service

Not applicable

Continuous two-way

Yes

B

IFR

All aircraft

Air traffic control Service

Not applicable

Continuous two-way

Yes

 

VFR

All aircraft

Air traffic control Service

Not applicable

Continuous two-way

Yes

 

IFR

IFR from IFR

IFR from VFR

Air traffic control Service

Not applicable

Continuous two-way

Yes

C

VFR

VFR from IFR

1) Air traffic control service for

separation from IFR; 2)

250 kt IAS below 3 050 in (10 000 ft) AMSL

Continuous two-way

Yes

 

 

VFR/VFR traffic information

 

 

 

 

 

(and traffic avoidance advice on request)

 

 

 

D

IFR

IFR from IFR

Air traffic control service,

traffic information about VFR

flights (and traffic avoidance

advice on request)

250 kt IAS below 3 050

m (10 000 ft) AMSL

Continuous two-way

Yes

 

VFR

Nil

IFR/VFR and VFF/VFR traffic

information (and traffic

avoidance advice on request)

250 kt IAS below 3 050

m (10 000 ft) AMSL

Continuous two-way

Yes

E

IFR

IFR from IFR

Air traffic control service and,

as far as practical, traffic

information about VFR flights

250 kt IAS below 3 050

m (10 000 ft) AMSL

Continuous two-way

Yes

 

VFR

Nil

Traffic

information as far as

practical

250 kt IAS below 3 050 m (10 000 ft) AMSL

No

No

F

IFR

IFR from IFR as far as practical

Air traffic advisory service; flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

No

 

VFR

Nil

Flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

No

No

G

IFR

Nil

Flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

Continuous two-way

No

 

VFR

Nil

Flight information service

250 kt IAS below 3 050 m (10 000 ft) AMSL

No

No

* When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 should be used in lieu of 10 000 ft.

SCHEDULE 8
INTERCEPTION OF CIVIL AIRCRAFT

(reg 65(7))

1.    Principles to be Observed by States

    1.1    To achieve the uniformity in regulations which is necessary for the safety of navigation of civil aircraft due regard shall be had by Contracting States to the following principles when developing regulations and administrative directives—

        (a)    interception of civil aircraft will be undertaken only as a last resort;

        (b)    if undertaken, an interception will be limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its planned track, direct it beyond the boundaries of national airspace, guide it away from a prohibited, restricted or danger area or instruct it to effect a landing at a designated aerodrome;

        (c)    practice interception of civil aircraft will not be undertaken;

        (d)    navigational guidance and related information will be given to an intercepted aircraft by radiotelephony, whenever radio contact can be established; and

        (e)    in the case where an intercepted civil aircraft is required to land in the territory overflown, the aerodrome designated for the landing is to be suitable for the safe landing of the aircraft type concerned.

Note. — In the unanimous adoption by the 25th Session (Extraordinary) of the ICAO Assembly on 10 May 1984 of Article 3 bis to the Convention on International Civil Aviation, Contracting States have recognised that "every State must refrain from resorting to the use of weapons against civil aircraft in flight".

    1.2    Contracting States shall publish a standard method that has been established for the manoeuvring of aircraft intercepting a civil aircraft. Such method shall be designed to avoid any hazard for the intercepted aircraft.

Note. — Special recommendations regarding a method for the manoeuvring are contained in Attachment A, Section 3.

    1.3    Contracting States shall ensure that provision is made for the use of secondary surveillance radar or ADS-B, where available, to identify civil aircraft in areas where they may be subject to interception.

2.    Action By Intercepted Aircraft

    2.1    An aircraft which is intercepted by another aircraft shall immediately—

        (a)    follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in Schedule 4;

        (b)    notify, if possible, the appropriate air traffic services unit;

        (c)    attempt to establish radio communication with the intercepting aircraft or with the appropriate intercept control unit, by making a general call on the emergency frequency 121.5 MHz, giving the identity of the intercepted aircraft and the nature of the flight; and if no contact has been established and if practicable, repeating this call on the emergency frequency 243 MHz;

        (d)    if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit; and

        (e)    if equipped with ADS-B or ADS-C, select the appropriate emergency functionality, if available, unless otherwise instructed by the appropriate air traffic services unit.

    2.2    If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by visual signals, the intercepted aircraft shall request immediate clarification while continuing to comply with the visual instructions given by the intercepting aircraft.

    2.3    If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by radio, the intercepted aircraft shall request immediate clarification while continuing to comply with the radio instructions given by the intercepting aircraft.

3.    Radio Communication During Interception

If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations in Table A2-1 and transmitting each phrase twice—

Table A2-1

Phrases for use by INTERCEPTING aircraft

Phrases for use by INTERCEPTED aircraft

Phrase

Pronounciation1

Meaning

Phrase

Pronounciation3

Meaning

CALL SIGN

KOL SA-IN

What is your call sign?

CALL SIGN

KOL SA-IN

My call sign is (call sign)

FOLLOW

FOL-LO

Follow me

(call sign)2

(call sign)

 

DESCEND

DEE-SEND

Descend for landing

WILCO
Will comply

VILL-KO

Understood

YOU LAND

YOU LAAND

Land at this aerodrome

CAN NOT

KANN NOTT

Unable to comply

PROCEED

PRO-SEED

You may proceed

REPEAT

REE-PEET

Repeat your instruction

 

 

 

AM LOST

AM LOSST

Position unknown

 

 

 

MAYDAY

MAYDAY

I am in distress

 

 

 

HIJACK3

HI-JACK

I have been hijacked

 

 

 

LAND

LAAND

I request to land at

 

 

 

(place name)

(place name)

(place name)

 

 

 

DESCEND

DEE-SEND

I require descent

1.    In the second column, syllables to be emphasised are underlined.

2.    The call sign required to be given is that used in radiotelephony communications with air-traffic services units and corresponding to the aircraft clarification at the flight plan.

3.    Circumstances may not always permit, nor make desirable, the use of the phrase "HIJACK".

 

SCHEDULE 9
VMC VISIBILITY AND DISTANCE FROM CLOUD MINIMA

(reg 71)

Altitude band

Airspace class

Flight visibility

Distance from cloud

At and above 3 050 m (10,000 ft) AMSL

A***B C D E F G

8 km

1 500 m horizontally 300 m (1 000 ft) vertically

Below 3 050 m (10 000 ft) AMSL and above 900 m (3 000 ft) AMSL, or above 300 m (1,000 ft) above terrain, whichever is the higher

A***B C D E F G

5 km

1 500 m horizontally 300 m (1 000 ft) vertically

At and below 900 in (3 000 ft) AMSL, or 300 m (1 000 ft) above terrain, whichever is the higher

A***B C D E

5 km

1 500 m horizontally 300 m (1 000 ft) vertically

FG

5 km**

Clear of cloud and with the surface in sight

*When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 shall be used in lieu of 10 000 ft.

** When so prescribed by the appropriate air traffic service authority—

    (a)    flight visibilities reduced to not less than 1 500 m may be permitted for flights operating—

        (i)    at speeds that, in the prevailing visibility, will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision; or

        (ii)    in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low levels.

    (b)    Helicopters may be permitted to operate in less than 1 500 m flight visibility, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision.

*** The VMC minima in Class A airspace are included for guidance to pilots and do not imply acceptance of VFR flights in Class A airspace.

 

CIVIL AVIATION (AIR OPERATOR CERTIFICATION AND ADMINISTRATION) REGULATIONS

(section 89)

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
Air Operator Certificate

    4.    Air Operator Certificate

    5.    Certification and surveillance of air operator certification

    6.    Application for an Air Operator Certificate

    7.    Issue of Air Operator Certificate

    8.    Requirement of carrying certified true copies

    9.    Contents of Air Operator Certificate

    10.    Duration of Air Operator Certificate

    11.    Amendment of Air Operator Certificate

    12.    Renewal of Air Operator Certificate

    13.    Suspension of Air Operator Certificate

    14.    Revocation of Air Operator Certificate

    15.    Access for inspection

    16.    Conducting tests and inspections

PART III
Air Operator Certification and Continued Validity

    17.    Base of operations

    18.    Management personnel required for commercial air transport services

    19.    Quality system

    20.    Submission and revision of policy and procedure manual

    21.    Retention of record

    22.    Cockpit voice and flight data recorder record

    23.    Power to inspect and copy records

    24.    Aircraft tracking

    25.    Aircraft operated by air operator certificate holder

    26.    Aircraft technical log

    27.    Company procedures indoctrination

    28.    Flight safety document system

    29.    Safety Management System

    30.    Continuing airworthiness information

    31.    Maintenance and operational experience

PART IV
Aircraft

    32.    Authorised aircraft

    33.    Dry leasing of registered aircraft

    34.    Aircraft interchange

    35.    Wet leasing

    36.    Damp lease

    37.    Emergency evacuation demonstration

    38.    Demonstration flight

PART V
Facilities and Operations Schedule

    39.    Facilities

    40.    Operating schedule

PART VI
Air Operations Certificate Flight Operations Management

    41.    Operations manual

    42.    Training programme

    43.    Aircraft operating manual

    44.    Journey log book

    45.    Designation of Pilot-In-Command

    46.    Required cabin crew members

    47.    Carriage of special situation passengers

    48.    Crew member checking and standardisation programme

    49.    Cockpit check procedures

    50.    Minimum Equipment List and Configuration Deviation List

    51.    Performance planning manual

    52.    Performance data control system

    53.    Aircraft loading and handling manual

    54.    Mass and balance data control system

    55.    Cabin crew member manual

    56.    Passenger briefing cards

    57.    Aeronautical data control system

    58.    Route guide

    59.    Minimum flight altitudes

    60.    Weather reporting sources

    61.    De-icing and anti-icing programme

    62.    Flight supervision and monitoring system

    63.    Communication facilities

    64.    Routes and areas of operations

    65.    Navigational accuracy

    66.    Mandatory occurrence reporting

    67.    Fatigue management

    68.    Maximum flight duty periods for crew members

    69.    Minimum rest periods for crew members

    70.    Duty and rest periods for flight operations officers

    71.    Records of flight times and duty periods

    72.    Maximum flight times for crew member

    73.    Provision for particular cases

    74.    Duties of operators to prevent excessive fatigue of crew members

PART VII
Air Operator Certificate Maintenance Requirements

    75.    Maintenance responsibility

    76.    Approval and acceptance of Air Operator Certificate maintenance systems and programmes

    77.    Maintenance control manual

    78.    Maintenance management

    79.    Maintenance records

    80.    Aircraft technical log entries – maintenance record section

    81.    Release to service – maintenance

    82.    Modification and repairs

    83.    Aircraft maintenance programme

    84.    Reliability programme

    85.    Authority to perform and approve maintenance, preventive maintenance and modifications

    86.    Licence requirements for a technician – air operator certificate holder using equivalent system

    87.    Rest and duty limitations for persons performing maintenance functions

PART VIII
Air Operator Certificate Holder's Security Management

    88.    Security requirements

    89.    Security training programmes

    90.    Reporting acts of unlawful interference

    91.    Aircraft search procedures checklist

    92.    Flight crew compartment doors – security procedures

    93.    Flight crew compartment doors, large aeroplanes – security procedures

PART IX
Foreign Air Operations

    94.    Authorisation for foreign air operator to operate in Botswana

    95.    Surveillance of operations by foreign operator

    96.    Application for authority to operate in Botswana

    97.    Issue of validation certificate

    98.    Conditions of validation certificate

    99.    Duration of validation certificate

    100.    Issue of duplicate validation certificate

    101.    Suspension of validation certificate

    102.    Revocation of validation certificate

    103.    Surrender of validation certificate

    104.    Exemptions

    105.    Preservation, production and use of flight recorder recordings

    106.    Authority to inspect

    107.    Documents, manual and records

PART X
General Provisions

    108.    Dangerous goods carriage

    109.    Advertising and marketing information

    110.    Search and copy of documents

    111.    In-flight fuel management

    112.    Refuelling with passengers on board

    113.    Oxygen supply

    114.    Transportation of items in the cargo compartment

    115.    Fire protection

    116.    Time capability of cargo compartment fire suppression system

    117.    Penalties

    118.    Revocation of S.I. No. 19 of 2013

    119.    Savings and transitional provisions

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

        SCHEDULE 7

        SCHEDULE 8

        SCHEDULE 9

        SCHEDULE 10

        SCHEDULE 11

        SCHEDULE 12

        SCHEDULE 13

        SCHEDULE 14

        SCHEDULE 15

        SCHEDULE 16

        SCHEDULE 17

        SCHEDULE 18

        SCHEDULE 19

        SCHEDULE 20

        SCHEDULE 21

        SCHEDULE 22

S.I. 64, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Air Operator Certification and Administration) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "act of unlawful interference" means an act or attempted act which is intended or likely to jeopardise the safety of civil aviation;

    "acceptance" means a State may accept a matter submitted to it for review as being in compliance with the applicable standards if the State does not specifically reject all or a portion of the matter under review;

    "accountable executive" means a person who has corporate authority, for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority, and any additional requirements defined by the operator;

    "aerodrome operating minima" means the limits of usability of an aerodrome for—

    (a)    take-off, expressed in terms of runway visual range and/or visibility and, if necessary, cloud conditions;

    (b)    landing in 2D instrument approach operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; and

    (c)    landing in 3D instrument approach operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the type and/or category of the operation;

    "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly 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 state of the operator, 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 technical log" means the documentation for an aircraft that includes the maintenance record for the aircraft and a record for each flight made by 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" or "AOC" means a certificate authorising an operator to carry out specified commercial air transport operations;

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

    "approval" means an active response by the State to a matter submitted for its review and constitutes a finding or determination of compliance with applicable standards and is evidenced by the signature of the approving official, the issuance of a document or certificate, or some other formal action taken by the State;

    "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;

    "commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

    "competency in civil aviation" means that an individual has technical qualification and management experience acceptable to the Authority for that specific position;

    "Configuration Deviation List" or "CDL" means a list established by the organisation responsible for the type design with the approval of the state of design which identifies any external parts of an aircraft type which may be missing at the commencement of a flight, and which contains, where necessary, any information on associated operating limitations and performance correction;

    "contaminated runway" means a runway is contaminated when 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;

    "continuing airworthiness" means the set of processes, by which an aircraft, engine, propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;

    "continuing airworthiness record" means records which are related to the continuing airworthiness status of an aircraft, engine, propeller or associated parts;

    "crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;

    "damp lease" means a wet leased aircraft that includes a cockpit crew but not cabin attendants;

    "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 Instructions;

    "duty" means any task that flight or cabin crew members are required by the operator to perform including, for example, flight duty, administrative work, training, positioning and standby when it is likely to induce fatigue;

    "dry lease" means a lease where the aircraft is provided without crew;

    "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;

    "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/rotors, if applicable;

    "enhanced vision system" or "EVS" means a system to display electronic real-time images of the external scene achieved through the use of image sensors;

    "fatigue" means a physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase, and/or workload (mental and/or physical activity) that can impair a person’s alertness and ability to perform safety-related operational duties;

    "fatigue risk management system" or "FRMS" means a data driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles and knowledge as well as operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;

    "flight operations officer/flight dispatcher" means a person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, suitably qualified in accordance with Civil Aviation (Personnel Licensing) Regulations (Cap. 71:01 (Sub. Leg.)), who supports, briefs or assists the Pilot-In-Command the safe conduct of the flight;

    "head-up display" or "HUD" means a display system that presents flight information into the pilots forward external field of view;

    "human factor principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "Instrument Flight Rules" or "IFR" means rules that govern the procedures for conducting flight under instrument meteorological conditions;

    "Instrument Meteorological Conditions" or "IMC" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for Visual Meteorological Conditions;

    "interchange agreement" means a leasing agreement which permits an air carrier to dry lease and take or relinquish operational control of an aircraft at an airport;

    "large aircraft" means—

        (i)    an aeroplane of a maximum certificated take-off mass of 5 700 kg or more; or

        (ii)    a helicopter which has a maximum certified take-off mass of 3 175 kg or more;

    "Maintenance Control Manual" or "MCM" means a document that 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;

    "Maintenance Organisations Procedures Manual" means a document endorsed by the head of a 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 release" means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner in accordance with appropriate airworthiness requirements;

    "Master Minimum Equipment List" means a list established for a particular aircraft type by the organisation responsible for the type design with the approval of the state of design containing items, one or more of which is permitted to be unserviceable at the commencement of a flight and may be associated with special operating conditions, limitations or procedures;

    "Minimum Equipment List" or "MEL" means a list which provides for the operation of the aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the Master Minimum Equipment List established for the aircraft type;

    "operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of safety of the 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 consideration of aeroplanes performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;

    "operational personnel" means persons employed by the operator to ensure that the aircraft flight is conducted in a safe manner and may consist of crew members;

    "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 authorisation, conditions and limitations associated with the AOC and subject to the condition in the operations manual;

    "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

    "passenger aircraft" means an aircraft that carries any person other than a crew member, an operator’s employee in an official capacity, an authorised representative of an appropriate national authority or a person accompanying a consignment or other cargo;

    "Pilot-In-Command" or "PIC" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe operation of a flight;

    "quality control" means the regulatory inspection process through which actual performance is compared with standards such as the maintenance of standards of manufactured aeronautical products;

    "quality system" means the organisational structure, responsibilities, procedures, processes and resources for implementing quality management;

    "safety manager" means the manager accountable to the Authority and who is responsible for the development and maintenance of an effective Safety Management System;

    "Safety Management System" or "SMS" means a systematic approach to managing safety, including the necessary organisational structures, accountability, responsibility, policies and procedures;

    "state of design" means the state that has jurisdiction over the organisation responsible for the type design;

    "state of operator" means the state in which the operator’s principal place of business is located, or if there is no such business, the operator’s permanent place of residence;

    "state of registry" means the state on whose register the aircraft is entered;

    "training to proficiency" means the process of the check airman administering each prescribed manoeuvre and procedure to a pilot as necessary until it is performed successfully during the training period;

    "Visual Flight Rules" or "VFR" means rules that govern the procedures for conducting flight under Visual Meteorological Conditions;

    "Visual Meteorological Conditions" or "VMC" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima; and

    "wet lease" means a lease where the aircraft is provided with crew.

3.    Application

    (1) These Regulations apply to air operators carrying passengers, cargo or mail for remuneration or hire whose principal place of business or permanent residence is located in Botswana.

    (2) These Regulations apply to all commercial air transport operations by air operator certificate holders for which Botswana is the state of the operator, except where specifically stated.

    (3) These Regulations prescribe requirements for the original certification and continued validity of an AOC issued by the Authority.

PART II
Air Operator Certificate (regs 4-16)

4.    Air Operator Certificate

    (1) An operator shall not engage in commercial air transport operations unless in possession of a valid Air Operator Certificate issued by the Authority.

    (2) A person shall not operate an aircraft in commercial air transport operations which are not authorised by the terms and conditions of the AOC.

    (3) An air operator certificate holder shall at all times, operate in compliance with the terms, conditions of issuance and maintenance requirements of an AOC.

    (4) The AOC shall authorise the operator to conduct commercial air transport operations in accordance with the operations specifications.

    (5) The AOC and its associated operations specifications shall follow the layout set out in Schedule 1.

    (6) An AOC and its associated operations specifications shall define the operations for which the operator is authorised.

5.    Certification and surveillance of air operator certification

    The Authority shall establish a system for both the certification and the continued surveillance of the operator to ensure that the required standards of operations established in these Regulations are maintained.

6.    Application for an Air Operator Certificate

    (1) Any person who wishes to apply for an AOC shall do so in the manner and form specified under Form B set out in Schedule 1.

    (2) The certification process shall follow a five phase approach, the—

    (a)    pre-application phase;

    (b)    formal application phase;

    (c)    document evaluation phase;

    (d)    demonstration and inspection phase; and

    (e)    certification phase.

    (3) The formal application phase shall be made in a manner determined by the Authority.

    (4) An application for an AOC shall be made to the Authority at least 180 days before the date of intended operation.

    (5) An application shall be accompanied by an application fee as set out in Schedule 2.

    (6) Any person who operates an aircraft in commercial air transport without a valid AOC commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

7.    Issue of Air Operator Certificate

    (1) An applicant under this regulation may be issued with an AOC as set out in Form A of Schedule 1 if, after investigation, the Authority is satisfied that the applicant—

    (a)    has at least 51 per cent of its voting rights held, and effective control exercised by citizens of Botswana or by Government department, agency or a parastatal or entity which is under any Government department;

    (b)    has its principal place of business and its registered office, if any, located in Botswana;

    (c)    meets the applicable regulations and standards for being issued with an AOC; and

    (d)    is properly and adequately equipped for safe operations in commercial air transport and maintenance of the aircraft.

    (2) The Authority may refuse an application for an Air Operator Certificate where—

    (a)    the applicant is not properly or adequately equipped or is not able to conduct safe operations in commercial air transport;

    (b)    the applicant previously held an Air Operator Certificate which was revoked; or

    (c)    an individual that contributed to the circumstances causing the revocation process of an AOC obtains a substantial ownership or is employed in a senior management position.

    (3) The issue of an AOC by the Authority shall be dependent upon the operator demonstrating an adequate organisation, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature, extent of the operations specified, and payment of a fee set out in Schedule 2.

    (4) An air operator certificate holder may apply in writing to the Authority for the issue of a duplicate certificate where the AOC is lost, destroyed or mutilated subject to payment of a fee set out in Schedule 2.

8.    Requirement of carrying certified true copies

    (1) An aeroplane being operated under an AOC issued under these Regulations shall carry a certified true copy of the original AOC and a certified true copy of the original operations specifications relevant to the aeroplane type, issued in conjunction with the certificate.

    (2) When the certificate and the associated operations specifications are issued by the state of the operator in a language other than English, an English translation shall be included.

9.    Contents of Air Operator Certificate

    (1) The AOC shall contain at least the following information and shall follow the layout set out under Part I of Schedule 1—

    (a)    the state of the operator and the issuing authority;

    (b)    the AOC number and its expiration date;

    (c)    the operator name, trading name (if different) and address of the principal place of business;

    (d)    the date of issue and the name, signature and title of the Authority representative; and

    (e)    the location, in a controlled document carried on board, where the contact details of operational management can be found.

    (2) The operations specifications associated with the AOC shall contain information listed in Schedule 1, and shall follow the layout of Schedule 1, Part II – Operations Specifications.

10.    Duration of Air Operator Certificate

    (1) An AOC or any portion thereof issued by the Authority shall be valid for 24 months unless—

    (a)    it is amended, suspended, revoked or otherwise terminated by the Authority under this Part;

    (b)    surrendered to the Authority by the holder; or

    (c)    the air operator certificate holder suspends operations for more than 60 days.

    (2) The continued validity of an AOC shall depend upon the operator maintaining the requirements of these Regulations under the supervision of the Authority.

11.    Amendment of Air Operator Certificate

    (1) The Authority may amend any AOC on payment of a fee set out in Schedule 2 and if—

    (a)    the Authority determines that safety in commercial air transport and the public interest require the amendment; or

    (b)    the air operator certificate holder applies for an amendment, and the Authority determines that safety in commercial air transport and the public interest allows the amendment.

    (2) Where the Authority stipulates, by a notice in writing, that an emergency exists that requires immediate amendment of the AOC, such an amendment shall be effective without stay on the date the air operator certificate holder receives the notice.

    (3) An air operator certificate holder may appeal the amendment provided for under subregulation (2), but shall operate in accordance with it, until such a time the amendment is withdrawn.

    (4) Any amendments proposed by the Authority, other than emergency amendments shall become effective 30 days after notice to the air operator certificate holder, except where the air operator certificate holder appeals the proposal in writing prior to the effective date.

    (5) Any amendments proposed by the air operator certificate holder shall be made at least 30 days prior to the intended date of any operation under that amendment.

    (6) A person shall not perform a commercial air transport operation for which an AOC amendment is required unless the person has received notice of the approval from the Authority.

    (7) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

12.    Renewal of Air Operator Certificate

    (1) An air operator certificate holder may apply for renewal of an AOC at least 60 days before the date of expiry of the certificate, as set out in Form A of Schedule 1.

    (2) Where an application for renewal is made within a period not exceeding six months after the expiry of the AOC, the Authority may renew the AOC subject to the payment of a fee as set out in Schedule 2.

    (3) A fee payable in accordance with subregulation (2) shall be a sum equal to one quarter of the renewal fee multiplied by the number of months which have elapsed since the date on which the validity of the AOC expired, calculated to the nearest pula.

    (4) An application for the renewal of an AOC that expired six months or more prior to the application for renewal shall be treated as an application for a new AOC and the provisions of regulation 6 shall apply.

13.    Suspension of Air Operator Certificate

    The Authority may suspend an AOC or a part thereof, where—

    (a)    an inspection made for the purpose of ascertaining whether the operator remains compliant has shown that the operator is not compliant;

    (b)    the operator has contravened any of the provisions of the Act; or

    (c)    the operator has failed to comply with any other condition specified by the Authority.

14.    Revocation of Air Operator Certificate

    The Authority may revoke an AOC where—

    (a)    the continuous operations of the operator are against public interest;

    (b)    the air operator certificate holder has been convicted of an offence under the Act;

    (c)    any inspection made for the purpose of ascertaining whether the operator remains compliant has shown that the operator is not compliant; and

    (d)    the air operator certificate holder fails to comply with regulation 12(1).

15.    Access for inspection

    (1) An air operator certificate holder shall, for purposes of determining compliance with these Regulations—

    (a)    grant the Authority access to and co-operation with any of its organisations, facilities and aircraft;

    (b)    ensure that the Authority is granted access to and co-operation with any organisation or facilities that it has contracted for services associated with commercial air transport operations and maintenance; and

    (c)    grant the Authority free and uninterrupted access to the flight deck of the aircraft during flight operations.

    (2) An air operator certificate holder shall provide to the Authority, a forward observer’s seat on each of the air operator certificate holder’s aircraft from which the flight crew’s actions and conversations may be easily observed and heard.

    (3) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

16.    Conducting tests and inspections

    (1) The Authority shall conduct ongoing validation of the air operator certificate holder’s continued eligibility to hold its AOC and associated approvals.

    (2) An air operator certificate holder shall allow the Authority to conduct tests and inspections, at any time or place, to determine whether an air operator certificate holder is compliant with any written laws and AOC terms and conditions.

    (3) An air operator certificate holder shall make available at its principal base of operations—

    (a)    all portions of its current AOC;

    (b)    all portions of its Operations and Maintenance Manuals; and

    (c)    a current listing that includes the location and individual positions responsible for each record, document and report required to be kept by the air operator certificate holder under the applicable laws or standards.

    (4) The failure by any air operator certificate holder to make available to the Authority upon request, all portions of the AOC, Operations and Maintenance Manuals and any required record, document or report shall form grounds for suspension of all or part of the AOC.

PART III
Air Operator Certification and Continued Validity (regs 17-31)

17.    Base of operations

    (1) An air operator certificate holder that is not authorised to conduct maintenance under its AOC shall maintain a principal base of operations.

    (2) An air operator certificate holder that is authorised to conduct maintenance under its AOC shall maintain a principal base of operations and maintenance.

    (3) An air operator certificate holder may establish a main operations base and a main maintenance base at the same location or at separate locations.

    (4) An air operator certificate holder shall give the Authority at least 30 days written notice of its intention to establish or change the location of its base.

18.    Management personnel required for commercial air transport services

    (1) An air operator certificate holder shall have an accountable executive, approved by the Authority, who has corporate authority for ensuring that all flight operations and maintenance activities can be financed and carried out to the highest degree of safety standards required by the Authority.

    (2) When conducting commercial air transport operations, the air operator certificate holder shall have qualified personnel, with proven competency in civil aviation, available and serving full-time in the following positions or their equivalent—

    (a)    Operations Manager;

    (b)    Chief Pilot;

    (c)    Safety Manager;

    (d)    Maintenance Manager; and

    (e)    Quality Manager.

    (3) The Authority may approve positions or a number of positions, other than those listed at subregulation (2), if the air operator certificate holder is able to show that it can perform the operation with the highest degree of safety under the direction of fewer or different categories of management personnel due to the—

    (a)    the kind of operations involved;

    (b)    the number of aircraft used; and

    (c)    the area of operation.

    (4) An air operator certificate holder shall comply with management personnel requirements as set out in Schedule 3.

    (5) A person who serves in any of the positions required or approved under this regulation and anyone in a position to exercise control over operations conducted under the AOC shall—

    (a)    be qualified through training, experience, and expertise; and

    (b)    discharge their duties to meet applicable legal requirements and to maintain safe operations.

    (6) A person who serves in the positions at subregulations (2) and (3) shall have a full understanding of the following materials with respect to their air operator certificate holder’s operation—

    (a)    aviation safety standards and safe operating practices;

    (b)    the air operator certificate holder’s operations specifications;

    (c)    all appropriate maintenance and airworthiness requirements in these Regulations; and

    (d)    the manuals required under these Regulations.

    (7) An air operator certificate holder shall—

    (a)    state in the general policy provisions of the operations manual the duties, responsibilities and authority of personnel required under this regulation;

    (b)    list in the operations manual the names and business addresses of the individuals assigned to those positions; and

    (c)    notify the Authority in writing, within 10 days of any vacancy in any position listed under subregulation (2).

    (8) An air operator certificate holder shall not effect any changes without the written approval of the Authority with respect to—

    (a)    the accountable executive; and

    (b)    any of the management personnel specified in the operations manual.

    (9) Any person who contravenes subregulation (8) commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

19.    Quality system

    (1) An air operator certificate holder shall establish a quality system and designate a quality manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aircraft.

    (2) Compliance monitoring shall include a feedback system to the accountable executive to ensure corrective action as necessary.

    (3) An air operator certificate holder shall ensure that the quality system includes a quality assurance programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

    (4) The Authority shall approve an air operator certificate holders quality system and quality manager.

    (5) An air operator certificate holder shall describe the quality system in relevant documentation as specified in Schedule 4.

    (6) Notwithstanding subregulation (1), the Authority may accept the nomination of two Quality Managers, one for operations and one for maintenance, provided that the operator has designated one Quality Management Unit to ensure that the quality system is applied uniformly throughout the entire operation.

    (7) Where the air operator certificate holder is also an approved maintenance organisation, the air operator certificate holder’s quality management system may be combined with the requirements of an approved maintenance organisation and submitted for approval to the Authority, and state of registry for aircraft not registered in Botswana.

20.    Submission and revision of policy and procedure manual

    (1) A manual required under these Regulations shall—

    (a)    include instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities with a high degree of safety;

    (b)    be in a form that is easy to revise and contains a system which allows personnel to determine the current revision status of each manual;

    (c)    have a date of the last revision on each page concerned;

    (d)    not be contrary to any applicable Regulations and the air operator certificate holder’s operations specifications; and

    (e)    include a reference to appropriate civil aviation regulations.

    (2) A person shall not cause the use of any policy and procedure for flight operations or airworthiness function without co-ordinating with the Authority.

    (3) An air operator certificate holder shall submit to the Authority, the proposed policy or procedure 30 days before date of intended implementation.

    (4) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

21.    Retention of record

    (1) An air operator certificate holder shall keep—

    (a)    flight and duty records;

    (b)    flight crew records;

    (c)    other air operator certificate holder personnel for which a training program is required;

    (d)    fuel and oil records;

    (e)    maintenance records of the aircraft;

    (f)    operational flight plan;

    (g)    flight preparation forms listed below—

        (i)    completed load manifests,

        (ii)    mass and balance records,

        (iii)    dispatch releases,

        (iv)    flight plans,

        (v)    passenger manifests, and

        (vi)    weather reports;

    (h)    aircraft technical logbook, including—

        (i)    journey records section, and

        (ii)    maintenance records section;

    (i)    flight recorder records;

    (j)    quality system records;

    (k)    dangerous goods transport document;

    (l)    dangerous goods acceptance checklist;

    (m)    records on cosmic and solar radiation dosage; and

    (n)    such other records as may be required by the Authority,

for a period as set out in Schedule 5 of these Regulations.

    (2) An air operator certificate holder shall maintain—

    (a)    current records which detail the qualifications and training of all its employees, and contract employees, involved in the operational control, flight operations, ground operations and maintenance of the air operator; and

    (b)    detailed records of employees performing crew member or flight operations officer duties in order to determine whether the employees meet the required experience and qualification for duties in commercial air transport operations,

of the records under subregulation (1).

    (3) An air operator certificate holder shall maintain records in a manner approved by the Authority and an air operator certificate holder who fails to comply with this requirement commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

22.    Cockpit voice and flight data recorder record

    (1) An air operator certificate holder shall keep—

    (a)    the most recent flight data recorder calibration, including the recording medium from which the calibration is derived; and

    (b)    the flight data recorder correlation for one aircraft of any group of aircraft operated by the air operator certificate holder—

        (i)    that are of the same type,

        (ii)    on which the model flight recorder and its installation are the same, and

        (iii)    on which there is no difference in type design with respect to the original installation of instruments associated with the recorder.

    (2) In the event of an accident or incident requiring immediate notification of the Authority, the air operator certificate holder shall preserve all related flight recorder records and if necessary, the associated flight recorders and ensure their retention in safe custody for at least 60 days or, if requested by the Authority, for a longer period.

    (3) The flight data recorder calibration and the flight data recorder correlation shall be kept as part of the maintenance records for aircraft and its components.

    (4) The recordings or transcripts of CVR, CARS, Class A AIR and Class A AIRS shall not be used for purposes other than the investigation of an accident or incident as per Civil Aviation (Accident Investigation) Regulations (Cap. 71:01 (Sub. Leg.)) except where the recordings or transcripts are—

    (a)    are related to a safety-related event identified in the context of a Safety Management System; are restricted to the relevant portions of a de-identified transcript of the recording; and are subject to the protections accorded by Safety Management System;

    (b)    are sought for use in criminal proceedings not related to an event involving an accident or incident investigation and are subject to the protections accorded by Safety Management System;

    (c)    subject to the protections accorded by Civil Aviation (Safety Management) Regulations (Cap. 71:01 (Sub. Leg.));

    (d)    sought for use in criminal proceedings not related to an event involving an accident or incident investigation and are subject to the protections accorded by Civil Aviation (Safety Management) Regulations (Cap. 91:01 (Sub. Leg.)); or

    (e)    used for inspections of flight recorder systems as required by the Authority.

    (5) The recordings or transcripts of FDR, ADRS as well as Class B and Class C AIR and AIRS shall not be used for purposes other than the investigation of an accident or incident as per Civil Aviation (Accident Investigation) Regulations, except where the recordings or transcripts are subject to the protections accorded Civil Aviation (Safety Management) Regulations and—

    (a)    are used by the operator for airworthiness or maintenance purposes;

    (b)    are used by the operator in the operation of a flight data analysis programme required in this regulation;

    (c)    are sought for use in proceedings not related to an event involving an accident or incident investigation;

    (d)    are de-identified; or

    (e)    are disclosed under secure procedures.

    (6) An air operator certificate holder who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

23.    Power to inspect and copy records

    (1) An authorised person shall have power to inspect and copy any of the records referred to in regulations 21 and 22.

    (2) A person who refuses an authorised person access to any of the records referred to under regulation 21 or 22 commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

24.    Aircraft tracking

    (1) An air operator certificate holder shall establish an aircraft tracking capability to track aeroplanes throughout its area of operations.

    (2) An air operator certificate holder shall track the position of an aeroplane through automated reporting every 15 minutes for the portions of the in-flight operation that is planned in oceanic areas under the following conditions—

    (a)    the aeroplane has a maximum certificated take-off mass of over 45 500 kg and a seating capacity greater than 19; and

    (b)    where an ATS unit obtains aeroplane position information greater than 15 minute intervals.

    (3) Notwithstanding subregulation (2), the Authority may, based on the results of an approved risk assessment process implemented by the operator, allow for variations to automated reporting intervals.

    (4) The process in subregulation (3) shall demonstrate how risks to the operation, resulting from such variations, can be managed and shall include the following—

    (a)    capability of the operator's operational control systems and processes including those for contacting ATS units;

    (b)    overall capability of the aeroplane and its systems;

    (c)    available means to determine the position of, and communicate with, the aeroplane;

    (d)    frequency and duration of gaps in automated reporting;

    (e)    human factors consequences resulting from changes to flight crew procedures; and

    (f)    specific mitigation measures and contingency procedures.

    (5) An air operator certificate holder shall establish procedures, approved by the Authority, for the retention of aircraft tracking data to assist SAR in determining the last known position of the aircraft.

 

25.    Aircraft operated by air operator certificate holder

    (1) The air operator certificate holder shall maintain, in the operation specification, a current list of all aircraft it operates.

    (2) The operation specification referred to under subregulation (1) shall contain information for each aircraft in the operator’s fleet, identified by aircraft make, model, series and master series as specified in Part II of Form A set out in Schedule 1.

    (3) An air operator certificate holder shall apply in writing to the Authority, for an amendment to its operation specification 60 days before any intended change of aircraft.

    (4) An aircraft of another certificate holder operated under an interchange agreement shall be incorporated to the operations specifications as required under subregulation (2).

26.    Aircraft technical log

    An air operator certificate holder shall carry on an aircraft, a technical log which contains a journey records section and an aircraft maintenance record section.

27.    Company procedures indoctrination

    (1) A person or any air operator certificate holder’s employee shall not perform or serve in the air operator certificate holder’s company unless the person or the employee has completed the company indoctrination curriculum approved by the Authority, appropriate to that person or employee’s duties and responsibilities.

    (2) The indoctrination curriculum shall include training in knowledge and skills related to human performance and co-ordination with other Air Operator Certificate personnel.

28.    Flight safety document system

    (1) An air operator certificate holder shall establish a flight safety document system, approved by the Authority, for the use and guidance of operational personnel.

    (2) The development and organisation of a flight safety document system shall contain the minimum elements specified in Schedule 6.

29.    Safety Management System

    (1) An air operator certificate holder shall establish and maintain a Safety Management System approved by the Authority that, as a minimum—

    (a)    identifies safety hazards;

    (b)    ensures that remedial action necessary to maintain an acceptable level of safety is implemented;

    (c)    provides for continuous monitoring and regular assessment of the safety level achieved;

    (d)    aims to make continuous improvement to the overall level of safety;

    (e)    clearly defines lines of safety accountability throughout the operator’s organisation, including direct accountability for safety on the part of senior management; and

    (f)    is periodically reviewed to ensure safety levels on the operator operations.

    (2) An air operator certificate holder that operates an aircraft with a maximum certificated take-off mass of more than 20 000 kg shall include a flight data monitoring programme as part of its Safety Management System.

    (3) An operator of an aeroplane of a maximum certificated take-off mass in excess of 27 000 kg shall establish and maintain a flight data analysis programme as part of its Safety Management System.

    (4) An air operator certificate holder’s flight data analysis programme shall be non-punitive and contain adequate safeguards to protect the sources of the data.

    (5) An air operator certificate holder’s Safety Management System shall include a flight safety documents system for the use and guidance of its operational personnel, as part of its Safety Management System.

    (6) The Safety Management System shall be established in accordance with the Civil Aviation (Safety Management) Regulations.

    (7) An operator may contract the operation of a flight data analysis programme to another patty while retaining overall responsibility for the maintenance of such a programme.

    (8) An operator’s flight data analysis programme specified in subregulations (1) and (2) shall contain adequate safeguards to protect the sources of the data in accordance with the Civil Aviation (Safety Management) Regulations.

30.    Continuing airworthiness information

    An AOC holder who, operates a large aircraft, 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 approved by the Authority.

31.    Maintenance and operational experience

    (1) An operator of a large aircraft shall monitor and assess maintenance and operational experience with respect to continuing airworthiness and provide the information as prescribed by the state of registry and report through the system specified in the Civil Aviation (Airworthiness) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) An operator and maintenance organisation shall report to the Authority, the service information of large aircraft required by the Authority according to the procedure, established by the Authority.

    (3) An operator and maintenance organisation shall transmit to the organisation responsible for the type design of aircraft in respect of large aircraft information on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of the aircraft.

PART IV
Aircraft (regs 32-38)

32.    Authorised aircraft

    (1) A person shall not operate an aircraft in commercial air transport unless that aircraft has a current airworthiness certificate, is in an airworthy condition, and meets the applicable airworthiness requirements for these operations, including those related to identification and equipment.

    (2) A person shall not operate an aircraft in commercial air transport until the aircraft has completed satisfactory initial certification, which includes the issuance of an AOC listing for that type of aircraft.

    (3) A person shall not operate an additional or replacement aircraft of a type for which it is currently authorised unless he or she can show that each aircraft has completed an evaluation process for inclusion in the air operator certificate holder’s fleet.

    (4) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

33.    Dry leasing of registered aircraft

    (1) An air operator certificate holder may dry-lease a registered aircraft for commercial air transport where authorised by the Authority.

    (2) A person shall not operate a registered aircraft unless there is an agreement between the Authority and the state of registry that—

    (a)    while the aircraft is operated by a Botswana air operator certificate holder, these Regulations shall apply;

    (b)    while the aircraft is operated by the air operator certificate holder, the Airworthiness Regulations of the state of registry shall apply; or

    (c)    if the state of registry agrees to transfer some or all of the responsibility for airworthiness to the Authority under Article 83bis of the Chicago Convention, the Civil Aviation (Airworthiness) Regulations shall apply to the extent agreed upon by the Authority and the state of registry.

    (3) An agreement under this regulation is an acknowledgement that the Authority shall have free and uninterrupted access to the aircraft at any place and time and any person who refuses any authorised person such access commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

    (4) An air operator certificate holder shall comply with all the requirements for aircraft dry lease as set out in Schedule 7.

    (5) A person who operates an aircraft without the authority required under this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

34.    Aircraft interchange

    (1) An air operator certificate holder shall not interchange aircraft with another air operator certificate holder without the approval of the Authority.

    (2) An air operator certificate holder shall comply with all the requirements for aircraft interchange set out in Schedule 8.

35.    Wet leasing

    (1) An air operator certificate holder shall not conduct wet lease operations on behalf of another air operator except in accordance with these Regulations or the applicable laws of the State in which the operation occurs and the restrictions imposed by the Authority.

    (2) An air operator certificate holder shall not allow another entity or air operator to conduct wet-lease operations on its behalf unless—

    (a)    that air operator holds an AOC or its equivalent from a Contracting State that authorises those operations; and

    (b)    the air operator certificate holder advises the Authority of such operations and provides a copy of the AOC under which the operation was conducted.

    (3) An air operator certificate holder shall comply with all the requirements for the wet leasing of aircraft set out in Schedule 9.

36.    Damp lease

    (1) The Authority may where applicable, approve a damp lease upon request by the operator.

    (2) The Authority shall ensure that both flight and cabin crew are trained to use common communications and emergency procedures, and that the cabin crew receives training on common communication, safety and emergency procedures, standard operating procedures and knowledge of flight and duty limitation.

    (3) An air operator shall comply with all the requirements for the damp leasing of aircraft as set out in Schedule 9.

37.    Emergency evacuation demonstration

    (1) An air operator certificate holder shall not use an aircraft type and model in commercial air transport passenger-carrying operations unless the AOC has first conducted, for the Authority, an actual full capacity emergency evacuation demonstration for the configuration in 90 seconds or less.

    (2) The demonstration referred to in subregulation (1) may not be required where the air operator certificate holder provides evidence that—

    (a)    a satisfactory full capacity emergency evacuation for the aircraft to be operated was demonstrated during the aircraft type certification or during the certification of another air operator; or

    (b)    there is an engineering analysis which shows that an evacuation is still possible within the 90 seconds under subregulation (1) if the air operator certificate holder’s aircraft configuration differs with regard to number of exits or exit type or number of cabin crew members or location of the cabin crew members.

    (3) Where a full capacity demonstration is not required, a person shall not use an aircraft type and model in commercial air transport passenger-carrying operations unless it has first demonstrated to the Authority that its available personnel, procedures, and equipment can provide sufficient open exits for evacuation in 15 seconds or less.

    (4) A person shall not use a land plane in extended overwater operations unless he or she has first demonstrated to the Authority that the land plane has the ability and equipment to efficiently carry out its ditching procedures.

    (5) An air operator certificate holder shall comply with all the requirements for the emergency evacuation demonstration set out in Schedule 10.

38.    Demonstration flight

    (1) An air operator certificate holder shall not operate an aircraft type in commercial air transport unless the air operator certificate holder first conducts satisfactory demonstration flights for the Authority in that aircraft type.

    (2) An air operator certificate holder shall not operate an aircraft in a designated special area, or using a specialised navigation system, unless it has conducted a demonstration flight to the satisfaction of the Authority.

    (3) A demonstration flight required under subregulation (1) shall be conducted in accordance with the regulations applicable to the type of operation and aircraft type used.

    (4) A demonstration flight required under subregulation (1) shall be conducted for each type of aircraft, including those aircraft materially altered in design, and for each kind of operation the air operator certificate holder intends to conduct.

    (5) The type of demonstration and the total number of demonstration flight hours shall be determined by the Authority and shall be dependent upon the complexity of the type of intended operation.

    (6) A person shall not carry passengers in an aircraft during demonstration flights, except for those needed to make the demonstration flight and those designated by the Authority.

    (7) The Authority shall determine the necessity and extent of demonstration flights for those operators operating aircraft with a maximum certificated take-off mass of 5 700 kg or less.

PART V
Facilities and Operations Schedules (regs 39-40)

39.    Facilities

    (1) An air operator certificate holder shall maintain operational and airworthiness support facilities at the main operating base, appropriate for the area and type of operation.

    (2) An air operator certificate holder shall arrange appropriate ground handling facilities at each aerodrome used to ensure the safe servicing and loading of its flights.

40.    Operating schedule

    (1) An air operator certificate holder conducting scheduled operations shall in establishing flight operations schedules—

    (a)    allow enough time for the proper servicing of aircraft at intermediate stops; and

    (b)    consider the prevailing winds en route and cruising speed for the type of aircraft.

    (2) The cruising speed referred to under subregulation (1) shall not be more than that resulting from the specified cruising output of the engines.

PART VI
Air Operator Certificate Flight Operations Management (regs 41-74)

41.    Operation manual

    (1) An air operator certificate holder shall provide for the use and guidance of operations personnel concerned, an operations manual in accordance with Schedule 11 to these Regulations approved by the Authority and such amendments or revisions shall be issued to all personnel that are required to use this manual.

    (2) An air operator certificate holder shall prepare and keep a current operations manual which contains the air operator certificate holder’s procedures and policies for the use and guidance of its personnel.

    (3) The operations manual shall contain the overall general company policies and procedures regarding the flight operations it conducts.

    (4) An air operator certificate holder shall issue the operations manual, or pertinent portions, together with all amendments and revisions to all personnel that are required to use it.

    (5) An air operator certificate holder shall not provide for use of its personnel in commercial air transport, any operations manual or portion thereof which has not been reviewed and approved for the air operator certificate holder by the Authority.

    (6) An air operator certificate holder shall ensure that, depending on the size and complexity of operations, the contents of the operations manual includes at least those subjects designated by the Authority that are applicable to the air operator holder’s operations such as—

    (a)    the holder’s general policies;

    (b)    duties and responsibilities of personnel;

    (c)    operational control policy and procedures;

    (d)    instructions and information necessary to permit flight and ground personnel to perform their duties to the level of safety acceptable to the Authority; and

    (e)    any other subjects.

    (7) An air operator certificate holder shall provide an operations manual approved by the Authority containing information on—

    (a)    operations administration and supervision;

    (b)    accident prevention and flight safety programmes;

    (c)    personnel training;

    (d)    flight crew and cabin crew member fatigue;

    (e)    flight time limitations;

    (f)    flight operations including operational flight planning, aeroplane performance, routes, guides and charts;

    (g)    minimum flight altitudes;

    (h)    aerodrome operating minima;

    (i)    search and rescue;

    (j)    dangerous goods; and

    (k)    navigation, communications, security, and human factors.

    (8) An operations manual may be published in parts, as a single document, or as a series of volumes and shall be organised with the following structure—

    (a)    general;

    (b)    aircraft operating information;

    (c)    areas, routes and aerodromes; and

    (d)    training.

    (9) Subjects under this regulation shall be—

    (a)    Aircraft Operating Manual;

    (b)    Minimum Equipment List and Configuration Deviation List;

    (c)    Training Programme;

    (d)    Aircraft Performance Planning Manual;

    (e)    Route Guide;

    (f)    Dangerous Goods Procedures;

    (g)    Accident Reporting Procedures;

    (h)    Security Procedures;

    (i)    Aircraft Loading and Handling Manual; and

    (j)    Cabin Crew Member Manual, if required.

    (10) An air operator certificate holder shall develop policies and procedures for third parties that perform work on its behalf.

    (11) An operations manual shall conform to the outline and structure set out in Schedule 11.

42.    Training programme

    (1) An air operator certificate holder shall ensure that all operations personnel are properly instructed in their particular duties and responsibilities and the relationship of such duties to the operation as a whole.

    (2) An air operator certificate holder shall have a training programme approved by the Authority containing the general training, checking, and record keeping policies.

    (3) An air operator certificate holder shall get the approval of the Authority prior to using a training curriculum for the purpose of qualifying a crew member, or person performing operational control functions, for duties in commercial air transport.

    (4) An air operator certificate holder shall submit to the Authority any revision to an approved training programme, and shall receive written approval from the Authority before that revision can be used.

    (5) The Training Programme shall conform to the outline set out in Schedule 12.

43.    Aircraft operating manual

    (1) An air operator certificate holder shall provide operations staff and flight crew with an aircraft operating manual, for each aircraft type operated, containing the normal, abnormal and emergency procedures relating to the operation of the aircraft.

    (2) The manual design and utilisation shall observe human factors principles and include details of the aircraft systems and checklists to be used.

    (3) An air operator certificate holder or applicant shall submit proposed aircraft operating manuals for each type and variant of aircraft operated, containing the normal, abnormal, and emergency procedures relating to the operation of the aircraft for approval by the Authority.

    (4) An aircraft operating manual shall be based upon the aircraft manufacturer’s data for the specific aircraft type and variant operated by the air operator certificate holder and shall include specific operating parameters, details of the aircraft systems, and of the checklists applicable to the operations of the air operator certificate holder that are approved by the Authority.

    (5) The checklists provided in accordance with subregulation (2) shall be used by flight crews prior to, during and after all phases of operations, and in emergency, to ensure compliance with the operating procedures contained in the aircraft operating, and flight manuals or other documents associated with the certificate of airworthiness and otherwise in the operations manual are followed and the design and utilisation of checklists shall observe human factors principles.

    (6) The aircraft operating manual shall be issued to the flight crew members and persons assigned operational control functions to each aircraft operated by the air operator certificate holder.

    (7) The aircraft operating manual shall conform to the outline set out in Schedule 13.

44.    Journey log book

    (1) An air operator certificate holder shall use an aircraft journey log book for each flight, which includes the—

    (a)    aircraft nationality and registration;

    (b)    date;

    (c)    names of crew members;

    (d)    duty assignments of crew members;

    (e)    place of departure;

    (f)    place of arrival;

    (g)    time of departure;

    (h)    time of arrival;

    (i)    hours of flight;

    (j)    nature of flight (private, aerial work, scheduled, non-scheduled);

    (k)    incidents, observations, if any; and

    (l)    signature of person in charge.

    (2) Any entry in the journey log book shall be made currently and in ink or indelible pencil.

    (3) An air operator certificate holder shall retain completed journey log books of the last two years operations.

    (4) The Authority may waive the requirement of subregulation (1) if the relevant information is available in the aircraft technical logbook.

    (5) An operator shall maintain a journey log book for every aeroplane engaged in international air navigation in which shall be entered particulars of the aeroplane, its crew and each journey.

    (6) The Pilot-In-Command shall be responsible for the journey log book containing the information listed in this regulation.

 

45.    Designation of Pilot-In-Command

    An air operator certificate holder shall—

    (a)    designate one pilot as the Pilot-In-Command for each commercial air transport operation; and

    (b)    maintain records for each flight of an aeroplane above 15 000 m (49 000 ft) so that the total cosmic radiation dose received by each crew member over a period of 12 consecutive months can be determined.

46.    Required cabin crew members

    (1) An air operator certificate holder shall establish, to the satisfaction of the Authority—

    (a)    the minimum number of cabin crew required for each type of aeroplane, based on seating capacity or the number of passengers carried, in order to effect a safe and expeditious evacuation off the aeroplane; and

    (b)    the necessary functions to be performed in an emergency or a situation requiring emergency evacuation.

    (2) The operator shall assign the functions under subregulation (1)(b) for each type of aeroplane.

    (3) The number of cabin crew members shall not be less than the minimum specified by the Authority in the air operator certificate holder’s operations specifications and—

    (a)    for a seating capacity of 20 to 50 passengers, one cabin crew member; and

    (b)    one additional cabin crew member for each unit, or part of a unit, of 50 passenger seat capacity.

    (4) When passengers are on board a parked aircraft, the minimum number of flight attendants shall be one-half of what is required for the flight operation, but there shall be one cabin crew member or another person qualified in the emergency evacuation procedures for the aircraft.

    (5) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

47.    Carriage of special situation passengers

    (1) An air operator certificate holder shall not allow the transportation of special situation passengers except—

    (a)    where provided for in the air operator certificate holder’s operations manual procedures; and

    (b)    with the knowledge and concurrence of the Pilot-In-Command.

    (2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

48.    Crew member checking and standardisation programme

    (1) An air operator certificate holder shall have a programme approved by the Authority of checking and the standardisation of crew members to address the air operator certificate holder’s unique fleet differences and compliance method.

    (2) An air operator certificate holder shall check pilots’ proficiency on those manoeuvres and procedures that are specified by the Authority for pilot proficiency checks, which shall include emergency procedures and, where applicable, instrument flight rules.

    (3) An air operator certificate holder shall not use a person for checks unless he or she has completed the curricula approved by the Authority.

    (4) An air operator certificate holder shall ensure that initial ground training for check personnel includes—

    (a)    check personnel duties, functions, and responsibilities;

    (b)    regulations and the air operator certificate holder's policies and procedures;

    (c)    methods, procedures, and techniques for conducting the required checks;

    (d)    evaluation of student performance including the detection of—

        (i)    improper and insufficient training, and

        (ii)    personal characteristics of an applicant that could adversely affect safety;

    (e)    corrective action in the case of unsatisfactory checks; and

    (f)    approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures in the aircraft.

    (5) Any transition ground training for all check personnel, shall include the approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures applicable to the aircraft to which the person is in transition.

49.    Cockpit check procedures

    (1) An air operator certificate holder shall issue to the flight crews and make available on each aircraft, the checklist procedures approved by the Authority appropriate for the type and variant of aircraft.

    (2) An air operator certificate holder shall ensure that approved procedures include each item necessary for flight crew members to check for safety before starting engines, taking off, or landing, and for engine and systems abnormalities and emergencies.

    (3) An air operator certificate holder shall ensure that the checklist procedures are designed so that a flight crew member does not need to rely upon his or her memory for items to be checked.

    (4) An air operator certificate holder shall make the approved procedures readily useable in the cockpit of each aircraft and the flight crew shall be required to follow them when operating the aircraft.

50.    Minimum Equipment List and Configuration Deviation List

    (1) An air operator certificate holder shall provide for the use of the flight crew members, maintenance personnel and persons assigned operational control functions during the performance of their duties, a MEL approved by the Authority.

    (2) The MEL shall be specific to the aircraft type and variant which contains the circumstances, limitations and procedures for release or continuance of flight of the aircraft with inoperative components, equipment or instruments.

    (3) An air operator certificate holder may provide, for the use of flight crew members, maintenance personnel and persons assigned operational control functions during the performance of their duties a CDL specific to the aircraft type if one is provided and approved by the state of design.

    (4) An air operator certificate holder operations manual shall contain those procedures approved by the Authority for operations in accordance with the CDL requirements.

    (5) The operator shall include in the operations manual a MEL, approved by the Authority which will enable the Pilot-In-Command to determine whether a flight may be commenced or continued from any intermediate stop should any instrument, equipment or systems become inoperative.

    (6) The MEL prepared by an operator shall be in conformity with the Master Minimum Equipment List established for the aircraft type.

    (7) The following instruments and equipment shall not be included in the MEL referred to in this regulation—

    (a)    instruments and equipment that are either specifically or otherwise required by the airworthiness certification requirements and which are essential for safe operations under all operating conditions;

    (b)    instruments and equipment required to be in operable condition by an Airworthiness Directive, unless the airworthiness directive provides otherwise; and

    (c)    instruments and equipment required for specific operations.

    (8) Where the state of operator is not the state of registry, the state of the operator shall ensure that the MEL does not affect the aeroplane's compliance with airworthiness requirements applicable in the state of registry.

    (9) The Authority shall require the MEL of the operator approved in accordance with Civil Aviation (Operation of Aircraft) Regulations (Cap. 71:01 (Sub. Leg.)).

    (10) Any air operator certificate holder who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

51.    Performance planning manual

    (1) An air operator certificate holder shall provide for the use of the flight crew members and persons assigned operational control functions during the performance of their duties, a performance planning manual approved by the Authority.

    (2) The performance planning manual shall be specific to the aircraft type and variant and shall contain adequate performance information to accurately calculate the performance in all normal phases of flight operation.

    (3) The performance planning manual shall include operating instructions and provide information on aeroplane climb performance with all engines operating to enable the Pilot-In-Command to determine the climb gradient that can be achieved during the departure phase for the existing take-off conditions and intended take-off technique.

52.    Performance data control system

    (1) An air operator certificate holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current performance data for each aircraft, route and airport that it uses.

    (2) The system approved by the Authority under subregulation (1) shall provide current obstacle data for departure and arrival performance calculations.

    (3) The manufacturer shall provide obstacle data to enable the operator to develop procedure to comply with the Civil Aviation (Operation of Aircraft) Regulations, en route limitation – one engine inoperative.

53.    Aircraft loading and handling manual

    (1) An air operator certificate holder shall provide for the use of the flight crew members, maintenance personnel, ground handlers, handling agents and persons assigned operational control functions during the performance of their duties, an aircraft handling and loading manual approved by the Authority.

    (2) The manual referred to under subregulation (1) shall contain procedures and limitations for servicing, fuelling, loading and unloading, pre-flight preparation and post-flight securing, applicable to the aircraft type and variant.

54.    Mass and balance data control system

    (1) An air operator certificate holder shall ensure that during any phase of operation, the loading, mass and centre of gravity of the aeroplane complies with the limitations specified in the approved Aeroplane Flight Manual, or the operations manual, if more restrictive.

    (2) An air operator certificate holder shall establish the mass and centre of gravity of any aeroplane by weighing the aeroplane prior to initial entry into service and thereafter at intervals of four years.

    (3) The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented and an aeroplane shall be reweighed if the effect of modifications on the mass and balance is not accurately known.

    (4) An air operator certificate holder shall determine the mass of all operating items and crew members included in the aeroplane dry operating mass by weighing or by using standard masses so that the influence of their position on the aeroplane’s centre of gravity can be determined.

    (5) An air operator certificate holder shall establish the mass of the traffic load, including any ballast, by weighing or determine the mass of the traffic load in accordance with standard passenger and baggage masses as specified in Schedule 14.

    (6) An air operator certificate holder shall determine the mass of the fuel load by using the actual density or, if not known, the density calculated in accordance with a method specified in the operations manual.

    (7) An air operator certificate holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current information regarding the mass and balance of each aircraft operated.

55.    Cabin crew member manual

    (1) An air operator certificate holder shall issue to the cabin crew members and provide to passenger agents during the performance of their duties, a cabin crew member manual approved by the Authority.

    (2) A cabin crew member manual shall contain operational policies and procedures applicable to cabin crew members and the carriage of passengers.

    (3) An air operator certificate holder shall issue to the cabin crew members a manual containing the—

    (a)    specific aircraft type and variant which contains the details of their normal, abnormal and emergency procedures and the location and operation of emergency equipment; and

    (b)    normal, abnormal and emergency procedures to be used by the cabin crew, the checklists relating thereto and aircraft systems information as required, including a statement related to the necessary procedures for the co-ordination between flight and cabin crew.

56.    Passenger briefing cards

    (1) An air operator certificate holder shall carry on each passenger carrying aircraft, in convenient locations for the use of each passenger, printed cards in the English and Setswana language supplementing the oral briefing and containing—

    (a)    diagrams and methods of operating the emergency exits;

    (b)    other instructions necessary for use of the emergency equipment; and

    (c)    information regarding the restrictions and requirements associated with sitting in an exit seat row as specified in Schedule 15.

    (2) An air operator certificate holder shall ensure that each card contains information that is pertinent only to the type and variant of aircraft used for that flight.

57.    Aeronautical data control system

    (1) An air operator certificate holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current aeronautical data for each route and aerodrome that it uses.

    (2) The specific aerodrome information to be contained in the aeronautical data control system shall conform to the Schedule 16.

58.    Route guide

    (1) An air operator certificate holder shall provide for the use of the flight crew members and persons assigned operational control functions during the performance of their duties, a route guide to ensure that the flight crew shall have, for each flight, information relating to communication facilities, navigation aids, aerodromes, instrument approaches, instrument arrivals and instrument departures as applicable for the operation, and such other information as the operator may deem necessary for the proper conduct of flight operations.

    (2) A route guide shall contain at least the following information in current form—

    (a)    the minimum flight altitudes for each route to be flown;

    (b)    aerodrome operating minima for each of the aerodromes that are likely to be used as aerodromes of intended landing or as alternate aerodromes;

    (c)    the increase of aerodrome operating minima in case of degradation of approach or aerodrome facilities;

    (d)    the necessary information for compliance with all flight profiles required by these Regulations, including but not limited to, the determination of—

        (i)    take-off runway length requirements for dry, wet and contaminated conditions, including those dictated by system failures which affect the take-off distance,

        (ii)    take-off climb limitations,

        (iii)    en route climb limitations,

        (iv)    approach climb limitations and landing climb limitations,

        (v)    landing runway length requirements for dry, wet and contaminated conditions, including systems failures which affect the landing distance, and

        (vi)    supplementary information, such as tyre speed limitations; and

    (e)    instructions for determining aerodrome-operating minima for instrument approaches using HUD and EVS.

    (3) The route guide shall be a component of the air operator certificate holder’s operations manual.

59.    Minimum flight altitudes

    (1) The operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over or the responsible State, provided that they shall not be less than those established by that State.

    (2) The operator shall specify the method by which it is intended to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over or the responsible State, and shall include this method in the operations manual and the minimum flight altitudes determined in accordance with the above method shall not be lower than specified in Civil Aviation (Rules of the Air) Regulations (Cap. 71:01 (Sub. Leg.)).

    (3) The Authority shall approve the method for establishing the minimum flight altitudes.

    (4) The Authority shall approve the method for establishing the minimum flight altitudes only after careful consideration of the probable effects of the following factors on the safety of the operation in question—

    (a)    the accuracy and reliability with which the position of the aeroplane can be determined;

    (b)    the inaccuracies in the indications of the altimeters used;

    (c)    the characteristics of the terrain;

    (d)    the probability of encountering unfavourable meteorological conditions;

    (e)    possible inaccuracies in aeronautical charts; and

    (f)    airspace restrictions.

60.    Weather reporting sources

    (1) An air operator certificate holder shall use sources approved by the Authority for the weather reports and forecasts used for decisions regarding flight preparation, routing and terminal operations.

    (2) An air operator certificate holder engaged in passenger carrying operations, shall have an approved system for obtaining forecasts and reports of adverse weather phenomena that may affect safety of flight on each route to be flown and the airport to be used.

    (3) The sources of weather reports referred to under subregulation (1) shall conform to the outline set out in Schedule 17.

61.    De-icing and anti-icing programme

    (1) An air operator certificate holder planning to operate an aircraft in conditions where frost, ice, or snow may reasonably be expected to adhere to the aircraft shall—

    (a)    use only aircraft adequately equipped for such conditions;

    (b)    ensure flight crew is adequately trained for such conditions; and

    (c)    have an approved ground de-icing and anti-icing programme.

    (2) An air operator certificate holder shall follow the de-icing and anti-icing requirements set out under Schedule 18.

62.    Flight supervision and monitoring system

    (1) An air operator certificate holder shall have an adequate monitoring system approved by the Authority for proper dispatch and monitoring of the progress of the flights.

    (2) The dispatch and monitoring system shall have enough dispatch centres, adequate for the operations to be conducted, located at points necessary to ensure adequate flight preparation, dispatch and in-flight contact with the flight operations.

    (3) An air operator certificate holder shall provide enough qualified flight operations officers at each dispatch centre to ensure proper operational control of each flight.

    (4) An air operator certificate holder shall follow the flight monitoring system set out in Schedule 19.

63.    Communication facilities

    (1) An air operator certificate holder’s flights shall have a two-way radio communication with all air traffic control facilities along the routes and alternate routes to be used.

    (2) An air operator certificate holder shall have rapid and reliable radio communication with all flights over the air operator certificate holder’s entire route structure under normal operating conditions.

    (3) The radio communication system shall be independent from the air traffic control system.

    (4) An air operator certificate holder engaged in international air navigation shall at all times, have available, for immediate communication to rescue co-ordination centres, information on the emergency and survival equipment carried on board any of their aeroplanes including, as applicable—

    (a)    the number, colour and types of life rafts and pyrotechnics;

    (b)    details of emergency water and medical supplies; and

    (c)    the type and frequencies of the emergency portable radio equipment.

64.    Routes and areas of operations

    (1) An air operator certificate holder may conduct operations only along such routes and within such areas for which—

    (a)    ground facilities and services, including meteorological services, are provided which are adequate for the planned operation;

    (b)    the performance of the aircraft intended to be used is adequate to comply with minimum flight altitude requirements;

    (c)    the equipment of the aircraft intended to be used meets the minimum requirements for the planned operation;

    (d)    appropriate and current maps and charts are available;

    (e)    adequate airports are available within the time or distance limitations if a two-engine aircraft is used;

    (f)    surfaces are available which permit a safe forced landing to be executed if a single engine aircraft is used; and

    (g)    the nature of the terrain to be flown, including the potential for carrying out a safe forced landing in the event of an engine failure or major malfunction.

    (2) A person shall not conduct commercial air transport operations on any route or area of operation unless those operations are in accordance with any restrictions imposed by the Authority.

    (3) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

65.    Navigational accuracy

    (1) An air operator certificate holder shall ensure, for each proposed route or area, that the navigational systems and facilities it uses are capable of navigating the aircraft—

    (a)    within the degree of accuracy required for air traffic control; and

    (b)    to the airports in the operational flight plan within the degree of accuracy necessary for the operation involved.

    (2) In situations without adequate navigation systems reference, the Authority may authorise day VFR operations that can be conducted safely by pilotage because of the characteristics of the terrain.

    (3) The Authority shall list in the air operator certificate holder’s operations specifications, non-visual ground aids required for approval of routes outside of controlled airspace except for those navigational aids required for routes to alternate airports.

    (4) Non-visual ground aids referred to under subregulation (3) shall not be required for night VFR operations on routes that the air operator certificate holder shows have reliably lighted landmarks which are adequate for safe operation.

    (5) The Authority shall approve operations on route segments where the use of performance-based navigation, celestial navigation or other specialised means of navigation is required.

    (6) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

66.    Mandatory occurrence reporting

    (1) An occurrence report shall be made of any event which constitutes a reportable occurrence in terms of subregulation (2) to the Authority by—

    (a)    an operator;

    (b)    a Pilot-In-Command;

    (c)    a person carrying on the business of manufacturing, repairing, overhauling, modifying an aircraft, equipment or any part of the aircraft;

    (d)    a person who signs an airworthiness report or a certificate of release to service in respect of an aircraft, equipment or part of the aircraft;

    (e)    an air traffic controller;

    (f)    a flight information service officer;

    (g)    an aerodrome certificate holder;

    (h)    a manager;

    (i)    a person responsible for flight checking or inspection of air navigation facilities; and

    (j)    any person who performs a function in respect of ground handling of an aircraft.

    (2) For purposes of this regulation, a reportable occurrence means—

    (a)    any incident relating to a defect or malfunction in an aircraft, part or equipment of the aircraft which endangered or which will endanger occupants of that aircraft or any other person if not corrected; or

    (b)    any defect or malfunction of any facility on the ground used or intended to be used in the operation of the aircraft such that if the defect or malfunction is not corrected it is likely to endanger the aircraft or any of its occupants.

    (3) An occurrence report is intended for the prevention of accidents and incidents and shall not be used to attribute blame or liability to any person for any accident or incident.

    (4) For purposes of this regulation a reportable occurrence shall not be a substitute for the requirement to report an accident or incident under the Civil Aviation (Accident Investigation) Regulations (Cap. 71:01 (Sub. Leg.)).

    (5) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

67.    Fatigue management

    (1) An air operator certificate holder shall, for purposes of managing fatigue related safety risks, establish—

    (a)    flight time, flight duty period, duty period and rest period limitations that are within the prescriptive fatigue management standards specified in these Regulations;

    (b)    a Fatigue Risk Management System or FRMS in compliance with subregulation (5) for all operations; or

    (c)    a FRMS in accordance with subregulation (5) for part of its operations and the requirements of subregulation (1)(a) for the remainder of its operations.

    (2) Where the operator adopts the prescriptive fatigue management standards for part or all of its operations, the Authority may approve, in exceptional circumstances, variations from these Regulations on the basis of a risk assessment provided by the operator and the approved variations shall provide a level of safety equivalent to, or better than that achieved through the prescriptive fatigue management standards.

    (3) The operator’s FRMS shall be approved by the Authority before it takes the place of any or all of the prescriptive fatigue management standards specified in these Regulations.

    (4) The approved FRMS shall provide a level of safety equivalent to, or better than, the prescriptive fatigue management standards.

    (5) The Authority shall establish a process to ensure that a FRMS provides a level of safety equivalent to, or better than, the prescriptive fatigue management standards and shall ensure that the operator—

    (a)    establishes maximum values for flight times or flight duty periods and duty period, and minimum values for rest periods based on scientific principles and knowledge, subject to safety assurance processes, and approved to the Authority;

    (b)    obtains approval for any decrease in maximum values and an increase in minimum values in the event that the operator’s data indicates these values are too high or too low, respectively; and

    (c)    provides justification for such changes, based on accumulated FRMS experience and fatigue-related data.

    (6) Where the operator implements a FRMS to manage fatigue-related safety risks, the operator shall, as a minimum—

    (a)    incorporate scientific principles and knowledge within the FRMS;

    (b)    identify fatigue-related safety hazards and the resulting risks on an ongoing basis;

    (c)    ensure that remedial actions, necessary to effectively mitigate the risks associated with the hazards, are implemented promptly;

    (d)    provide for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions; and

    (e)    provide for continuous improvement to the overall performance of the FRMS.

    (7) Where an air operator certificate holder has established a FRMS, it shall be integrated with the operator’s SMS.

    (8) Notwithstanding the provisions of this regulation, the maximum flight and duty time limits shall be as per regulations 67, 68 and 69.

    (9) An operator shall maintain a record for all flights and cabin crew members of flight time, flight duty periods, duty periods, and rest period as determined by the Authority.

68.    Maximum flight duty periods for crew members

    (1) A person shall not fly in an aircraft as a crew member in the course of any duty period of that person after more than the specified time has elapsed.

    (2) For purposes of subregulation (1), the expression "specified time" means—

    (a)    in relation to a pilot, whenever paragraph (b) does not apply, 11 hours; except that, if during the duty period there has been a period of not less than five continuous hours throughout which that person has not flown in any aircraft to which this regulation applies, or performed any duties, this paragraph shall have effect as if 12 hours were substituted for 11 hours;

    (b)    in relation to a person who, at all times when that person flies as a pilot in the course of his or her duty period, is one of two or more persons carried as pilots of an aircraft undertaking—

        (i)    an international flight or service – 15 hours,

        (ii)    a flight within Botswana – 12 hours; except that if during the duty period there has been a period of not less than 5 continuous hours throughout which that person has not flown in any aircraft to which this regulation applies or performed any duties, this paragraph shall have effect as if 15 hours were substituted for 12 hours and 20 hours were substituted for 15 hours if that person is one of three or more persons carried as pilots of the aircraft and the following conditions are fulfilled—

            (aa)    at least two of the pilots are qualified to act as Pilot-In-Command in the circumstances both by their respective licences and in accordance with the requirements of regulation 47 (except in respect of their knowledge of the aerodromes of take-off and landing and any alternate aerodromes);

            (bb)    at least one of the pilots is carried in addition to those flight crew members who are required to be carried in the circumstances by or under these Regulations;

            (cc)    one suitable bunk is always available for the use only of pilots; and

            (dd)    each of the pilots has, during the duty period, been afforded opportunities of resting for a reasonable time;

    (c)    in relation to a flight engineer – 15 hours; except that this paragraph shall have effect as if 24 hours were substituted for 15 hours in relation to a person who, at all times when that person flies as a flight engineer in the course of his duty period, is one of two or more persons carried as flight engineers of the aircraft, if the following conditions are fulfilled—

        (i)    at least one of the flight engineers is carried in addition to the crew members who are required to be carried in the circumstances by or under these Regulations,

        (ii)    one suitable bunk is always available for the use only of flight engineers, and

        (iii)    each of the flight engineers has, during the duty period, been afforded opportunities of resting for a reasonable time; and

    (d)    in relation to a cabin crew, 15 hours; which shall apply to a cabin crew member as it applies to a flight engineers.

    (3) The maximum total hours associated with the duty periods undertaken by any crew member shall not exceed 160 hours during any period of 28 days; except that whenever a crew member exceeds 120 hours "non-flying time" that member shall not, because of this, be disqualified from further flying duties providing all other requirements are met.

69.    Minimum rest periods for crew members

    (1) Notwithstanding regulation 67, a person shall not fly in an aircraft to which this regulation applies as a crew member unless immediately before the duty period in the course of which that person makes that flight the person has had a sufficient rest period as set out in the Schedule 20.

    (2) Where a rest period is taken by a crew member at a place which is not within fifty miles of that crew member’s ordinary place of residence, it shall be deemed to be a sufficient rest period if it includes a period of eight hours falling between 2200 and 0800 hours local time.

    (3) The length of the duty periods established in this regulation shall be adjusted to allow for duty time before and after a flight or series of flights which make up one duty period.

70.    Duly and rest periods for flight operations officers

    (1) An air operator certificate holder shall not schedule a flight operations officer for more than 10 consecutive hours of duty within a 24 hour consecutive period, unless that person is given an intervening rest period of at least 8 hours at or before the end of the 10 hours duty.

    (2) An air operator certificate holder shall establish the daily duty period for a flight operations officer so as to include time that allows the officer to become thoroughly familiar with existing and anticipated weather conditions along the route before that flights operations officer dispatches any aircraft.

71.    Records of flight times and duty periods

    (1) An operator of an aircraft shall not cause or permit any person to fly as a crew member unless the operator is in possession of an accurate and up-to-date record maintained by him or her or by another operator of an aircraft in respect of that person and in respect of the 28 days immediately preceding the flight showing—

    (a)    the times of the beginning and end of each flight in any aircraft made by that person as a crew member in the course of any of his or her duty periods;

    (b)    the times of the beginning and end of each duty period of that person in the course of which he or her made a flight as a crew member;

    (c)    the times of the beginning and end of each duty period of that person ending within a period of 72 hours immediately preceding the beginning of any duty period of that person in the course of which he or she made a flight in any aircraft as a crew member; and

    (d)    brief particulars of the nature of the work or other duties carried out by that person during each of the crew member’s duty periods of which a record is required to be kept under this subregulation (3).

    (2) The Authority may determine the form and manner in which any records required to be kept under subregulation (1) shall be kept and, where the Authority has so determined, the records shall be kept accordingly.

    (3) An operator shall maintain records for all its flight and cabin crew members of flight time, flight duty period, duty period, and rest period for a period of two years.

72.    Maximum flight times for crew member

    (1) A person shall not fly in any aircraft registered in Botswana, as a crew member at any time on any day after the aggregate of all his flight times, whether arising from flight in an aircraft or in any other aircraft, during the period of 8 hours a day, 32 hours a week, and 100 hours in 28 consecutive days and 900 hours a year.

    (2) The provisions of subregulation (1) shall not apply—

    (a)    to a flight made in an aircraft of which the maximum total weight authorised does not exceed 1 600 kg and which is not flying for the purpose of commercial air transport or aerial work; or

    (b)    to a flight made in an aircraft not flying for the purpose of commercial air transport but excluding aerial work if at the time of the flight the aggregate of all the flight times of the person making the flight since the person was last medically examined under these Regulations and found fit does not exceed 150 hours.

73.    Provision for particular cases

    (1) Notwithstanding anything contained in these Regulations, a person shall be deemed not to have contravened any of the provisions of these Regulations by reason of a flight made at any time by that person or by another person if the first mentioned person proves that—

    (a)    it was due to an unavoidable delay in the completion of the flight that the person so flying was flying at that time; and

    (b)    the first mentioned person could not reasonably be expected to have foreseen before the flight began that the delay was likely to occur.

    (2) Notwithstanding these Regulations, a Pilot-In-Command of an aircraft may make, or authorise any other person to make, and that other person if so authorised may make, a flight in that aircraft which he or she would, but for this subregulation, be prohibited from making by virtue of any provision contained in these Regulations, if—

    (a)    it appears to the Pilot-In-Command that—

        (i)    arrangements had been made for the flight to be made with such a crew member so as to begin and end at such times that no crew member would have been prohibited from making the flight in accordance with those arrangements by any provision contained in these Regulations, and that since those arrangements were made the flight has been or will be prevented from being in accordance with those arrangements by reason of circumstances which were not foreseen as likely to prevent that flight from being so made, or

        (ii)    the flight is one which ought to be carried out in the interest of the safety or health of any person; and

    (b)    the Pilot-In-Command is satisfied that the safety of the aircraft on that flight will not be endangered if the Pilot-In-Command or that other person makes that flight.

    (3) Where a Pilot-In-Command or any other person makes a flight in an aircraft make under subregulation (2), a report in writing shall, as soon as reasonably practical be made by the Pilot-In-Command to the operator of the aircraft and in any other event by the operator to the Authority giving full particulars of the circumstances the flight was made and the reasons thereof.

    (4) A Pilot-In-Command or the operator shall furnish any Authority with such further information in his or her possession relating to the flight and the circumstances in which the flight was made as the Authority may require.

    (5) Notwithstanding this regulation, where a scheduled service has an unavoidable and prolonged delay en route, subject to the discretion of the Pilot-In-Command, a reduced rest period may be taken, and such period shall include at least six hours between 2000 and 0600 hours local time and shall be of a duration of not less than that set out in Schedule 21.

74.    Duties of operators to prevent excessive fatigue of crew members

    An operator of an aircraft shall ensure, in respect of each person flying as a crew member, that—

    (a)    the period during which that person is required or permitted by that operator to carry out any work or other duties is limited in length and frequency; and

    (b)    that person is afforded such period for rest, that his work and duties are not likely to cause him such fatigue while the person is flying in the aircraft, in respect of flight crew, as may endanger the safety thereof, and in respect of other crew members, as may impair their efficiency to adequately perform their duties in relation to the possible evacuation or control of passengers or the provision of assistance in the event of an emergency situation.

PART VII
Air Operator Certificate Maintenance Requirements (regs 75-87)

75.    Maintenance responsibility

    (1) An air operator certificate holder shall ensure that, in accordance with procedures acceptable to the Authority—

    (a)    each aeroplane operated 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 operated remains valid.

    (2) An air operator certificate holder shall not operate an aeroplane unless maintenance on the aeroplane, including any associated engine, propeller and part, is carried out by—

    (a)    an organisation complying with Annex 8, Part II, Chapter 6 that is either approved by the state of registry of the aeroplane or is approved by another Contracting State and is accepted by the state of registry; or

    (b)    a person or organisation in accordance with procedures that are authorised by the state of registry; and there is a maintenance release in relation to the maintenance carried out.

    (3) An air operator certificate holder shall employ a person or group of persons to ensure that all maintenance is carried out in accordance with the maintenance control manual.

    (4) An air operator certificate holder shall ensure that the maintenance of its aeroplanes is performed in accordance with the maintenance programme.

76.    Approval and acceptance of Air Operator Certificate maintenance systems and programmes

    (1) An air operator certificate holder shall not operate an aircraft, unless it is maintained and released to service by an approved maintenance organisation that is approved by the state of registry and is accepted or approved by the Authority.

    (2) An approved maintenance organisation for aircraft registered in Botswana shall be approved by the Authority.

    (3) An approved maintenance organisation for aircraft not registered in Botswana shall be approved by the state of registry of the aircraft, and such approval may be accepted by the Authority.

    (4) An approved maintenance organisation shall comply with the requirements of the Civil Aviation (Airworthiness) Regulations.

    (5) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

77.    Maintenance control manual

    (1) An air operator certificate holder shall provide to the Authority, and to the state of registry of the aircraft, if different from the Authority, the air operator certificate holder’s maintenance control manual and subsequent amendments, for the use and guidance of maintenance and operational personnel concerned, containing details of the organisation’s structure including—

    (a)    the accountable executive and designated person responsible for the maintenance system as required by the Authority;

    (b)    procedures to be followed to satisfy the maintenance responsibility, except where the air operator certificate holder is an approved maintenance organisation, and has the quality functions under regulation 19; and

    (c)    procedures for the reporting of failures, malfunctions and defects to the Authority, state of registry and the state of design within 72 hours of discovery; in addition, items that warrant immediate notification to the Authority with a written follow-on report as soon as possible but no later than within 72 hours of discovery, are—

        (i)    primary structural failure,

        (ii)    control system failure,

        (iii)    fire in the aircraft,

        (iv)    engine structure failure, or

        (v)    any other condition considered an imminent hazard to safety.

    (2) An air operator certificate holder’s maintenance control manual shall contain a description of the procedures for complying with the service information reporting requirements of regulation 31(2) and (3).

    (3) The design of the manual shall observe human factors principles.

    (4) An air operator certificate holder shall—

    (a)    ensure that the maintenance control manual is amended as necessary to keep the information contained therein up-to-date;

    (b)    furnish, promptly to all organisations or persons to whom the manual has been issued, copies of all amendments to the operators maintenance control manual; and

    (c)    provide the state of the operator and the state of registry, a copy of the operators maintenance control manual, together with all amendments or revisions to it and shall incorporate in it such mandatory material as the state of operator or state of registry may require.

    (5) An air operator certificate holder’s maintenance control manual shall contain the following information which may be issued in separate parts—

    (a)    a description of the procedures required by regulation 75(1) including, where applicable a description of the—

        (i)    administrative agreements between the air operator certificate holder and the approved maintenance organisation, or

        (ii)    maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organisation;

    (b)    names and duties of the person or persons required by regulation 74(5);

    (c)    a reference to the maintenance programme;

    (d)    a description of the methods used for the completion and retention of the operators continuing airworthiness records;

    (e)    a description of the procedures for monitoring, assessing and reporting maintenance and operational experience required by regulation 30;

    (f)    a description of the procedures for complying with the service information reporting required by regulation 31;

    (g)    a description of procedures for assessing continuing airworthiness information and implementing any resulting actions as required by regulation 30;

    (h)    a description of the procedures for implementing action resulting from mandatory continuing airworthiness information;

    (i)    a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficacy of the maintenance programme, in order to correct any deficiency in that programme;

    (j)    a description of aircraft types and models to which the manual applies;

    (k)    a description of procedures for ensuring that unserviceability's affecting airworthiness are recorded and rectified; and

    (l)    a description of the procedures for advising the state of registry of significant in-service occurrences.

78.    Maintenance management

    (1) An air operator certificate holder, approved as an approved maintenance organisation, shall carry out the requirements of regulation 83.

    (2) Where an air operator certificate holder is not an approved maintenance organisation, the air operator certificate holder shall meet the maintenance requirements and responsibilities specified under regulation 75—

    (a)    by using an equivalent system of maintenance approved by the Authority; or

    (b)    through an arrangement with an approved maintenance organisation with a written maintenance contract agreed between the air operator certificate holder and the contracting approved maintenance organisation detailing the required maintenance functions and defining the support of the quality functions approved by the Authority.

    (3) An air operator certificate holder shall employ a person or group of persons, approved by the Authority, to ensure that all maintenance is carried out to an approved standard such that the maintenance requirements of regulation 83 and requirements of the air operator certificate holder’s maintenance control manual are satisfied, and to ensure the functioning of the quality system under regulation 19.

    (4) An air operator certificate holder shall provide suitable office accommodation at appropriate locations for the personnel referred to in subregulation (3).

    (5) An air operator certificate holder shall establish a safety program for the maintenance of aircraft in accordance with regulation 29 approved by the Authority.

79.    Maintenance records

    (1) An air operator certificate holder shall establish a system to keep records, in a form approved by the Authority, including—

    (a)    the total time in service hours, calendar time and cycles, as appropriate of the aircraft 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 last overhaul of the aircraft or its components subject to mandatory overhaul life;

    (e)    the current aircraft status of compliance with the maintenance programme; and

    (f)    the detailed maintenance records to show that all requirements for signing of a maintenance release have been met.

    (2) An air operator certificate holder shall keep the records under subregulation (1) for a minimum of 90 days after the unit to which they refer has been permanently withdrawn from service, and the records shall be kept for the periods set out in Schedule 5 after the signing of the maintenance release.

    (3) An air operator certificate holder shall provide, in the event of temporary change of operator, the records specified in subregulation (1) to the new operator.

    (4) An air operator certificate holder shall ensure that when an aircraft is permanently transferred from one operator to another operator, the records specified in subregulation (1) are also transferred.

    (5) Any air operator certificate holder who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

80.    Aircraft technical log entries – maintenance record section

    (1) An air operator certificate holder shall use an aircraft technical log which includes an aircraft maintenance record section containing the following information for each aircraft—

    (a)    information about each previous flight necessary to ensure continued flight safety;

    (b)    the current aircraft maintenance release;

    (c)    the current inspection status of the aircraft, to include inspections due to be performed on an established schedule and inspections that are due to be performed that are not on an established schedule, except that the Authority may agree to the maintenance statement being kept elsewhere;

    (d)    the current maintenance status of the aircraft, to include maintenance due to be performed on an established schedule and maintenance that is due to be performed that is not on an established schedule except that the Authority may agree to the maintenance statement being kept elsewhere; and

    (e)    all deferred defects that affect the operation of the aircraft.

    (2) The aircraft technical log and any subsequent amendment shall be approved by the Authority.

    (3) A person who takes action in the case of a reported or observed failure or malfunction of an aircraft or aeronautical product that is critical to the safety of flight shall make a record of that action in the maintenance section of the aircraft technical log.

    (4) An air operator certificate holder shall have a procedure for keeping adequate copies of required records to be carried aboard, in a place readily accessible to each flight crew member and shall put that procedure in the air operator certificate holder’s operations manual.

    (5) The records required to be kept under this regulation shall be retained for the periods set out in Schedule 5 and any person who fails to do so commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

81.    Release to service – maintenance

    (1) Where maintenance is carried out by an approved maintenance organisation, the maintenance release shall be issued by the approved maintenance organisation in accordance with the Civil Aviation (Airworthiness) Regulations.

    (2) Where maintenance is not carried out by an approved maintenance organisation, the maintenance release shall—

    (a)    be completed and signed by a person appropriately licensed in accordance with Annex 1 to certify that the maintenance work performed has been completed satisfactorily and in accordance with approved data procedures acceptable to the state of registry; and

    (b)    include the following—

        (i)    basic details of the maintenance carried out including detailed reference of the approved data used,

        (ii)    the date such maintenance was completed, and

        (iii)    the identity of the person or persons signing the release.

82.    Modifications and repairs

    (1) All modifications and repairs shall comply with the airworthiness requirements acceptable to the state of registry.

    (2) An operator shall establish procedures to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained.

    (3) An air operator certificate holder may be authorised to perform maintenance, preventive maintenance, and modifications of any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof, under the AOC, provided—

    (a)    it is performed under a maintenance system, acceptable to the state of registry, that is equivalent to that of an approved maintenance organisation established in accordance with the Civil Aviation (Approved Maintenance Organisation) Regulations; and

    (b)    it is performed in accordance with the air operators certificate holder’s operations specifications.

    (4) An air operator certificate holder using a maintenance system approved by the Authority and equivalent to that of an approved maintenance organisation that wishes to approve for return to service major repairs or major modifications to an aircraft registered in Botswana shall use a current and valid licensed aircraft maintenance technician with an airframe and power plant rating.

    (5) An air operator certificate holder shall, promptly upon its completion, prepare a report of each major modification or major repair of an airframe, aircraft engine, propeller, or appliance of an aircraft that it operates.

    (6) An air operator certificate holder shall submit a copy of each report of a major modification to the Authority, and shall keep a copy of each report of a major repair available for inspection.

    (7) The Authority may issue an approval for the design of a modification, of a repair or of a replacement part shall do so on the basis of satisfactory evidence that the aircraft is in compliance with airworthiness requirements used for the issuance of the type certificate, its amendments or later requirements when determined by the State.

    (8) A major modification or repair to an aircraft shall be accomplished in accordance with design data approved by, or on behalf of, or approved by the Authority, such that the modification or repair design conforms to applicable standards of airworthiness.

    (9) For purposes of this Part—

    "major modification" means a type design change not listed in the aircraft, aircraft engine or propeller specifications that might appreciably affect the mass and balance limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting airworthiness or environmental characteristics, or that will be embodied in the product according to non-standard practices;

    "major repair" means any repair of aeronautical product that might appreciably affect the structural strength, performance, power plant, operation flight characteristics or other qualities affecting airworthiness or environmental characteristics, or what is embodied in the product using non-standard practices;

    "minor modification" means a modification other than a major modification;

    "minor repair" means a repair other than a major repair;

    "modification" means an alteration of an aircraft or aeronautical product in conformity with an approved standard; and

    "repair" means a design change to an aeronautical product intended to restore it to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issuance of a type certificate for the aircraft type after it has been damaged or subjected to wear.

    (10) A major repair to an aeronautical product shall be carried out in accordance with design data approved by, or on behalf of, or accepted by the Authority of the state of registry such that the repair or modification design conforms to applicable standards of airworthiness.

    (11) A person or organisation repairing an aircraft or component shall assess the damage and repair it against the published repair data of the organisation responsible for the type design and the actions shall be taken if the damage is beyond the limits or outside the scope of such data in which case the repair shall be performed, requesting technical support from the type certificate holder and final approval by the Authority of the particular repair data.

    (12) A supplementary type certificate shall be issued for all major design changes to type certificated products when the change is not so extensive as to requite a new type certificate.

    (13) A minor modification shall be performed in accordance with the airworthiness requirements of the organisation responsible for the type design.

    (14) The approval procedures for a modification to an aeronautical product are intended to permit the Authority to agree that the applicant has considered the appropriate airworthiness and environmental standards and demonstrate that the design change complies with those standards.

83.    Aircraft maintenance programme

    (1) An operator shall provide for use and guidance of maintenance and operational personnel concerned, a maintenance programme, approved by the state of registry, containing the information required under subregulations (5) and (6).

    (2) The design and application of the operator’s maintenance programme shall observe human factors principles.

    (3) An air operator certificate holder's aircraft maintenance programme and any subsequent amendment shall be submitted for approval to the Authority, and copies of the amendment shall be promptly furnished to all organisations or persons to whom the maintenance programme has been issued.

    (4) The Authority's approval shall be based on prior approval by the state of design, or where appropriate, upon the air operator certificate holder complying with recommendations provided by the Authority.

    (5) An air operator certificate holder shall ensure that each aircraft is maintained in accordance with the air operator certificate holder’s approved maintenance programme which shall include—

    (a)    maintenance tasks and the intervals in which these are to be performed, taking into account the anticipated utilisation of the aircraft;

    (b)    when applicable, a continuing structural integrity programme;

    (c)    procedures for changing or deviating from paragraphs (a) and (b); and

    (d)    when applicable, condition monitoring and reliability programme for aircraft systems, components, and power plants.

    (6) Maintenance tasks and intervals that have been specified as mandatory in approval of the type design shall be identified as such.

    (7) An air operator certificate holder shall not provide for use by its personnel in commercial air transport a maintenance programme or a portion thereof, which has not been reviewed and approved for the air operator certificate holder by the Authority.

    (8) An approval by the Authority of an air operator certificate holder’s maintenance programme and any subsequent amendments shall be noted in the AOC.

    (9) An air operator certificate holder who contravenes this regulation commits an offence and is liable to a line not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

84.    Reliability programme

    (1) A maintenance programme for each aircraft shall contain where applicable, condition monitoring and reliability programme descriptions for aircraft systems, components and power plants.

    (2) A reliability program shall be required where—

    (a)    the aircraft maintenance programme is based upon MSG-3 logic;

    (b)    the aircraft maintenance programme includes condition monitored components;

    (c)    aircraft maintenance programme does not include overhaul time periods for all significant system components, the failure of which could hazard the aircraft safety; or

    (d)    when specified by the manufacturer’s Maintenance Planning Document MPD or Maintenance Review Board MRB.

    (3) A reliability program shall not be developed for aircraft not considered as large aircraft or that contain overhaul lime periods for all significant aircraft system components.

    (4) The purpose of a reliability program shall be to ensure that the aircraft maintenance program tasks are effective and their periodicity is adequate.

    (5) A reliability program shall provide an appropriate means of monitoring the effectiveness of the maintenance programme and where a reliability program is required and it results in—

    (a)    the escalation or deletion of a maintenance task; or

    (b)    the de-escalation or addition of a maintenance task,

the air operator certificate holder shall carry out the necessary tasks to ensure amendment of the maintenance programme with the approval of the Authority.

85.    Authority to perform and approve maintenance, preventive maintenance and modifications

    (1) An air operator certificate holder who is not approved as an approved maintenance organisation may perform and approve maintenance, preventive maintenance, or modifications of any aircraft, airframe, aircraft engine, propeller, appliance, or component, or a part thereof for return to service, if approved in the operations specifications, as provided in its maintenance programme and maintenance control manual.

    (2) An air operator certificate holder may make arrangements with an approved maintenance organisation, appropriately rated, for the performance of maintenance, preventive maintenance, or modifications of any aircraft, airframe, aircraft engine, propeller, appliance, or component, or part thereof as provided in its maintenance programme and maintenance control manual.

    (3) An air operator certificate holder who is not approved as an approved maintenance organisation shall use an individual appropriately licensed and rated by the Authority to approve maintenance, preventive maintenance, or modifications of any aircraft, airframe, aircraft engine, propeller, or appliance for return to service after performing or supervising in accordance with technical data approved by the Authority.

86.    Licence requirements for a technician – Air Operator Certificate holder using equivalent system

    (1) A person who is directly in charge of maintenance, preventive maintenance, or modification, of any aircraft, airframe, aircraft engine, propeller, appliance, or component, or part thereof and each person performing required inspections and approving for return to service the maintenance performed shall be a technician or repair specialist appropriately licensed and rated by the Authority.

    (2) A person who is directly in charge of maintenance, preventive maintenance, or modification, of any aircraft, airframe, aircraft engine, propeller, appliance, or component or part thereof shall be on site but need not physically observe and direct each worker constantly, but shall be available for consultation and decision on matters requiring instruction or decision from higher authority than that of the persons performing the work.

    (3) For purposes of this regulation "a person directly in charge" means person assigned to a position in which he is responsible for the workshop or station that performs maintenance, preventive maintenance, modifications or other functions affecting aircraft airworthiness.

87.    Rest and duty limitations for persons performing maintenance functions

    (1) A person shall not assign or perform maintenance functions for aircraft certified for commercial air transport, unless that person has had a minimum rest period of eight hours prior to the start of duty.

    (2) A person shall not be scheduled to perform maintenance functions for aircraft certified for commercial air transport for more than 12 consecutive hours of duty.

    (3) A person performing maintenance functions for aircraft certified for commercial air transport may be continued on duty for—

    (a)    up to 16 consecutive hours; or

    (b)    20 hours in 24 consecutive hours,

in situations involving unscheduled aircraft unserviceability.

    (4) A person performing maintenance functions for aircraft following an unscheduled duty period shall have a mandatory rest period of 10 hours.

    (5) An air operator certificate holder shall relieve a person performing maintenance functions from all duties for 24 consecutive hours during any seven consecutive day period.

PART VIII
Air Operator Certificate Holder's Security Management (regs 88-93)

88.    Security requirements

    (1) An air operator certificate holder shall ensure that all personnel are familiar, and comply with, the relevant requirements of the national aviation security programmes of the Authority.

    (2) The requirements of the national aviation security programmes and the subsequent operator’s security programme shall apply to all commercial aircraft operations whether domestic or international.

89.    Security training programmes

    (1) An air operator certificate holder shall establish and maintain a training programme to acquaint employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aeroplane so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.

    (2) The minimum security training programme shall include—

    (a)    determination of the seriousness of any occurrence;

    (b)    crew communication and co-ordination;

    (c)    appropriate self-defence responses;

    (d)    use of non-lethal protective devices assigned to crew members, whose use is authorised by the state of the operator;

    (e)    live situational training exercises regarding various threat conditions;

    (f)    flight deck procedures to protect the aircraft;

    (g)    aircraft search procedures and guidance on least-risk bomb locations where practicable;

    (h)    crew preventative measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aircraft; and

    (i)    an understanding of terrorists behaviour so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses.

    (3) An air operator certificate holder shall provide specialised means of attenuating and directing the blast for use at the least-risk bomb location.

    (4) Where the operator accepts the carriage of weapons removed from passengers, the aeroplane should have provision for stowing such weapons in a place so that they are inaccessible to any person during flight time.

90.    Reporting acts of unlawful interference

    A Pilot-In-Command or, in his or her absence, an air operator certificate holder shall submit, without delay, a report of an act of unlawful interference on board an aircraft to the designated local authority of the State over whose territory the act of unlawful interference was committed and to the Authority.

91.    Aircraft search procedures checklist

    (1) An air operator certificate holder shall ensure that there is, on board, a checklist of the procedures to be followed in searching for a bomb in case of suspected sabotage and for inspecting an aeroplane for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aeroplane may be the object of an act of unlawful interference.

    (2) The checklist under subregulation (1) shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aeroplane.

92.    Flight crew compartment doors – security procedures

    (1) A flight crew compartment door on aircraft operated for the purpose of carrying passengers shall be capable of being locked from within the compartment in order to prevent unauthorised access.

    (2) An air operator certificate holder shall have an approved means by which the cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin.

    (3) A passenger carrying aircraft shall, where practicable, be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons and the door shall be capable of being locked and unlocked from either pilot’s station.

    (4) The flight crew compartment door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons.

    (5) Means shall be provided for monitoring from either pilot’s station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat.

93.    Flight crew compartment doors, large aeroplanes – security procedures

    (1) A passenger carrying aeroplane—

    (a)    of a maximum certificated take-off mass in excess of 54 500 kg; or

    (b)    of a maximum certified take-off mass in excess of 45 500 kg; or

    (c)    with a passenger seating capacity greater than 60,

shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire, grenade shrapnel, resist forcible intrusion by unauthorised persons, and shall be capable of being locked and unlocked from either pilots station.

    (2) A flight crew compartment door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons.

    (3) Means shall be provided for monitoring from either pilot’s station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat.

PART IX
Foreign Air Operations (regs 94-107)

94.    Authorisation for foreign air operator to operate in Botswana

    (1) A foreign air operator shall not perform any operations in Botswana except in accordance with an AOC that has been issued by the Authority or validated in accordance with this Part.

    (2) A foreign air operator shall make an application for validation accompanied by a fee as set out in Schedule 2.

    (3) Any person who operates an aircraft in commercial air transport without a validation certificate issued by the Authority under regulation 96 commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

95.    Surveillance of operations by foreign operator

    (1) The Authority shall recognise as valid an AOC issued by another Contracting State, provided that the requirements under which the certificate was issued are at least equal to the applicable standards specified in these Regulations.

    (2) The Authority shall establish a programme with procedures for the surveillance of operations in its territory by a foreign operator and for taking appropriate action when necessary to preserve safety.

    (3) The operator shall meet and maintain the requirements established by the States in which the operations are conducted.

96.    Application for authority to operate in Botswana

    (1) An application by a foreign air operator for approval to operate in Botswana shall be made in a manner determined by the Authority and shall be accompanied by the following—

    (a)    the AOC and associated operations specifications issued by the authority of the state of the operator;

    (b)    current registration and airworthiness certificates issued or validated by the state of registry;

    (c)    insurance certificate; and

    (d)    operational procedures and practices of the operator.

    (2) In the case of a wet-leased aircraft, the application shall be accompanied by a copy of the approval of the authority of the state of the operator, with identification of the operator that exercises operational control of the aircraft.

97.    Issue of validation certificate

    (1) The Authority may issue a validation certificate to a foreign air operator in Form A set out in the Schedule 22 to operate within Botswana upon payment of fees as set out in Schedule 2 where it is satisfied—

    (a)    that the holder of the validation certificate shall conduct operations into, within or from Botswana;

    (b)    that the foreign AOC issued by the other Contracting State was issued under the applicable standards specified in Annex 6;

    (c)    with the safety oversight capabilities and record of the state of the operator;

    (d)    with operational procedures and practices of the operator; and

    (e)    in the case of an operator providing scheduled international air services, that there is an air services agreement, with a safety clause, allowing the foreign air operator to operate in Botswana.

    (2) Where an air operator certificate holder that is engaged in operations under a validation certificate issued by the Authority has its AOC or its associated operations specifications suspended, revoked or its validity affected in any similar manner, or provisions related to operations in the state of the operator amended, the foreign air operator shall inform the Authority in writing within 30 days of the effective date of such action.

    (3) A validation certificate shall contain—

    (a)    the operator’s full name;

    (b)    the date of issue and duration of the validation certificate;

    (c)    the operator’s principal business address and contact details for operational management;

    (d)    the operator’s business address and contact details in Botswana;

    (e)    a statement authorising the foreign air operator to operate in Botswana; and

    (f)    any limitations.

98.    Conditions of validation certificate

    The Authority shall issue the validation certificate with the following conditions—

    (a)    a statement that the validation certificate is issued on the basis of an AOC that is in effect and that notification of any changes to the original AOC or related conditions or limitations affecting operations by the operator in Botswana shall be submitted by the foreign air operator in writing to the Authority within 30 days of such a change;

    (b)    a statement that the validation certificate ceases to have effect upon the expiry, suspension or revocation or any similar action in respect of the foreign air operator’s certificate; and

    (c)    a statement that the foreign air operator shall comply with the authorisations, conditions and limitations of its AOC operations specifications while operating in Botswana.

99.    Duration of validation certificate

    (1) A validation certificate shall remain in force subject to regulations 85 and 86 and as long as the foreign AOC on which it is based remains valid unless it is suspended or revoked by the authority in the State of issue.

    (2) A validation certificate shall expire at the end of the 12th month following the last commercial air transport operation in Botswana to which the validation applies.

100.    Issue of duplicate validation certificate

    A foreign air operator whose validation certificate is lost, destroyed or mutilated may, by application to the Authority, and on payment of the fees set out in Schedule 2, obtain a duplicate validation certificate.

101.    Suspension of validation certificate

    The Authority may suspend a validation certificate where—

    (a)    there exists any condition or information which is subject to verification; or

    (b)    it is established that the certificate holder does not meet the requirements of these Regulations.

102.    Revocation of validation certificate

    A validation certificate shall be revoked by the Authority where—

    (a)    the aircraft is destroyed or it is permanently withdrawn from use;

    (b)    there is termination of a charter, lease or hire purchase agreement resulting in the change of ownership of the air operator;

    (c)    the holder of the validation certificate has been convicted of an offence under the Act or under these Regulations;

    (d)    the foreign air operator applies for such revocation for purposes of carrying out commercial air operations in another State or for any other purpose; or

    (e)    the Authority establishes that the certificate holder does not meet the requirements of these Regulations.

103.    Surrender of validation certificate

    The holder of an expired, suspended or revoked validation certificate shall surrender the validation certificate to the Authority within 14 days from its expiry, suspension or revocation.

104.    Exemptions

    The Authority may exempt a foreign air operator engaged in commercial air transport operations under an AOC issued by the state of the operator from compliance with a provision of this Part in respect of the aircraft where—

    (a)    it is satisfied that under the foreign air operator’s AOC and operations specifications it is required to comply with an equivalent provision of no less a standard in respect of the safe operation of the aircraft than the provision of this Part from which an exemption is sought; and

    (b)    the operation is conducted on an infrequent and non-scheduled basis.

105.    Preservation, production and use of flight recorder recordings

    A foreign air operator of an aircraft on which a flight recorder is carried shall preserve the original recorded data for recorder recordings flight recorders within the meaning of Annex 13 for a period of 60 days unless otherwise directed by the Authority.

106.    Authority to inspect

    A foreign air operator shall ensure that any person authorised by the Authority is permitted at any time, without prior notice, to board any foreign aircraft within Botswana operated for commercial air transportation, to—

    (a)    inspect the documents and manuals required by;

    (b)    conduct an inspection of the aircraft; or

    (c)    take appropriate action when necessary to preserve safety when the aircraft being inspected has sustained or it was ascertained that it sustained damage in Botswana.

107.    Documents, manuals and records

    (1) A foreign air operator shall—

    (a)    allow persons authorised by the Authority access to any documents, manuals and records which are related to flight operations and maintenance; and

    (b)    produce such documents, manuals and records, when requested to do so by the Authority within a reasonable period of time.

    (2) A Pilot-In-Command shall show, after a reasonable period of time, the documentation, manuals and records requested by the Authority and required by the Convention to be carried on board the aircraft.

PART X
General Provisions (regs 108-119)

108.    Dangerous goods carriage

    (1) The state of the operator shall ensure that operators with no specific approval to transport dangerous goods have established a dangerous goods—

    (a)    training programme that meets the requirements of Civil Aviation (Dangerous Goods) Regulations (Cap. 71:01 (Sub. Leg.)), the applicable requirements of the Technical Instructions, Part I, Chapter 4, and the requirements of the State’s regulations, as appropriate. Details of the dangerous goods training programme shall be included in the operator’s operations manuals; and

    (b)    policies and procedures in its operations manual to meet, at a minimum, the requirements of Civil Aviation (Dangerous Goods) Regulations, the Technical Instructions and the State’s regulations to allow operator personnel to—

        (i)    identify and reject undeclared dangerous goods, including COMAT classified as dangerous goods, and

        (ii)    report to the appropriate authorities of the state of the operator and the State in which it occurred any—

            (aa)    occasions when undeclared dangerous goods are discovered in cargo or mail;

            (bb)    dangerous goods accidents and incidents; and

            (cc)    procedures relating to exceptions related to dangerous goods carried by passengers (duty free items, medical equipment and oxygen tanks amongst others).

    (2) The state of the operator shall issue a specific approval for the transport of dangerous goods and ensure that the operator establishes a dangerous goods—

    (a)    training programme that meets the requirements in the Technical Instructions, Part 1, Chapter 4, Table 1-4, and the requirements of the State's regulations, as appropriate. Details of the dangerous goods training programme shall be included in the operator’s operations manuals; and

    (b)    policies and procedures in its operations manual to meet, at a minimum, the requirements of Civil Aviation (Dangerous Goods) Regulations, the Technical Instructions and the State’s regulations to enable operator personnel to—

        (i)    identify and reject undeclared or misdeclared dangerous goods, including COMAT classified as dangerous goods, and

        (ii)    report to the appropriate authorities of the state of the operator and the State in which it occurred any—

            (aa)    occasions when undeclared or misdeclared dangerous goods are discovered in cargo or mail; and

            (bb)    dangerous goods accidents and incidents,

        (iii)    report to the appropriate authorities of the state of the operator and the state of origin any occasions when dangerous goods are discovered to have been carried—

            (aa)    when not loaded, segregated, separated or secured in accordance with the Technical Instructions, Part 7, Chapter 2; and

            (bb)    without information having been provided to the Pilot-In-Command,

        (iv)    accept, handle, store, transport, load and unload dangerous goods, including COMAT classified as dangerous goods as cargo on board an aircraft, and

        (v)    provide the Pilot-In-Command with accurate and legible written or printed information concerning dangerous goods that are to be carried as cargo.

    (3) The operator shall ensure that all personnel, including third-party personnel, involved in the acceptance, handling, loading and unloading of cargo are informed of the operator’s specific approval and limitations with regard to the transport of dangerous goods.

    (4) The Civil Aviation (Dangerous Goods) Regulations shall to all aircraft operated for commercial purposes for the carriage of passengers.

109.    Advertising and marketing information

    An air operator certificate holder shall ensure that all advertising and marketing information regarding the provision of services under the air operator certificate is complete, factual and accurate.

110.    Search and copy of documents

    Any person who wishes to search and make a copy of any certificate, validation or any other document shall pay a fee as set out in Schedule 2.

111.    In-flight fuel management

    (1) The operator shall establish policies and procedures, approved by the state of the operator, to ensure that in-flight fuel checks and fuel management are performed.

    (2) A Pilot-In-Command shall continually ensure that the amount of usable fuel remaining on board is not less than the fuel required to proceed to an aerodrome where a safe landing can be made with the planned final reserve fuel remaining upon landing.

    (3) A Pilot-In-Command shall request delay information from ATC when unanticipated circumstances may result in landing at the destination aerodrome with less than the final reserve fuel plus any fuel required to proceed to an alternate aerodrome or the fuel required to operate to an isolated aerodrome.

    (4) A Pilot-In-Command shall advise ATC of a minimum fuel state by declaring minimum fuel when, having committed to land at a specific aerodrome, the pilot calculates that any change to the existing clearance to that aerodrome may result in landing with less than the planned final reserve fuel.

    (5) A Pilot-In-Command shall declare a situation of fuel emergency by broadcasting "MAYDAY MAYDAY MAYDAY FUEL", when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel.

112.    Refuelling with passengers on board

    (1) An aeroplane shall not be refuelled when passengers are embarking, on board or disembarking unless it is properly attended by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.

    (2) When refuelling an aeroplane with passengers embarking, on board or disembarking, a two-way communication shall be maintained by the aeroplane’s inter-communication system or other suitable means between the ground crew supervising the refuelling and the qualified personnel on board the aeroplane.

113.    Oxygen supply

    (1) The approximate altitudes in the international standard atmosphere corresponding to the values of absolute pressure used in the text shall be—

    (a)    700 hPa : 3 000 : 10 000;

    (b)    620 hPa : 4 000 : 13 000; and

    (c)    376 hPa : 7600 : 25 000.

    (2) A flight to be operated at flight altitudes at which the atmospheric pressure in personnel compartments will be less than 700 hPa shall not be commenced unless sufficient stored breathing oxygen is carried to supply—

    (a)    all crew members and 10 per cent of the passengers for any period in excess of 30 minutes that the pressure in compartments occupied by them will be between 700 hPa and 620 hPa; and

    (b)    the crew and passengers for any period that the atmospheric pressure in compartments occupied by them will be less than 620 hPa.

    (3) A flight to be operated with a pressurised aeroplane shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurisation, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa.

    (4) When an aeroplane is operated at flight altitudes at which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely within four minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, there shall be no less than a 10-minute supply for the occupants of the passenger compartment.

114.    Transport of items in the cargo compartment

    (1) The Authority shall ensure that an operator establishes policies and procedure for the transport of items in the cargo compartment, which include the conduct of a specific safety risk assessment.

    (2) The safety risk assessment referred to in subregulation (1) shall include—

    (a)    hazards associated with the properties of the items to be transported;

    (b)    capabilities of the operator;

    (c)    operational considerations;

    (d)    capabilities of the aeroplane and its systems;

    (e)    containment characteristics of unit load devices;

    (f)    packing and packaging;

    (g)    safety of the supply chain for items to be transported; and

    (h)    quantity and distribution of dangerous goods items to be transported.

115.    Fire protection

    (1) The elements of the cargo compartment fire protection system, as approved by the state of design or state of registry, and a summary of the demonstrated cargo compartment fire protection certification standards, shall be provided in the aeroplane flight manual or other documentation supporting the operation of the aeroplane.

    (2) An operator shall establish policy and procedure that addresses the items to be transported in the cargo compartment.

    (3) The policy and procedure referred to in subregulation (2) shall ensure that, in the event of a fire involving the items referred to in subregulation (2), the fire can be detected and suppressed or contained by the elements of the aeroplane design associated with cargo compartment fire protection, until the aeroplane makes a safe landing.

116.    Time capability of cargo compartment fire suppression system

    (1) A flight shall be planned so that the diversion time to an aerodrome where a safe landing could be made does not exceed the cargo compartment fire suppression time capability of the aeroplane, when one is identified in the relevant aeroplane documentation, reduced by an operational safety margin specified by the state of the operator.

    (2) A cargo compartment fire suppression time capabilities shall be identified in the relevant aeroplane documentation when it is to be considered for the operation.

117.    Penalties

    Any person who contravenes any of the provisions of these Regulations for which a penalty is not provided commits an offence and is liable to a fine not exceeding P5 000 000, or a term of imprisonment for a term not exceeding 10 years, or to both.

118.    Revocation of S.I. No. 19 of 2013

    The Civil Aviation (Air Operator Certification and Administration) Regulations, 2013 are hereby revoked.

119.    Savings and transitional provisions

    Any certificate or approval issued under the revoked Regulations shall have the same effect as if issued under these Regulations or until it expires.

SCHEDULE 1

(regs 4(5), 6(1), 7(1), 9(1) and (2), 12(1) and 25(2))

FORM A
AIR OPERATOR CERTIFICATE

PART I
AIR OPERATOR CERTIFICATE

1

2 The Government of Botswana

 

 

3 Civil Aviation Authority of Botswana

 

4 AOC No.:

5 Operator’s Name:

Operational Points of Contact:

Operator’s trading name, if different. Insert "dba" before the trading name (for "doing business as")*Dba trading name:

 

 

6 Operator Address:

 

7 Expiry Date: Operator's principal place of business telephone and fax details, including the country code. E-mail to be provided if available.8 Telephone:

 

 

8 Fax:Contact details, at which operational management can be contacted without undue delay, are listed:

 

E-mail:

9    ...................................................
    ...................................................
    ...................................................

This certificate certifies that 10 Insertion of reference to the appropriate civil aviation regulations.

11 Date of issue:

12 Name and Signature:

 

Title:

1 For use of the Authority.
2 Replace by the name of the Authority.
3"/ Replace by the identification of the issuing authority of the state of the operator.
4"/ Unique AOC number, as issued by the state of the operator.
5 Replace by the operator’s registered name.
6 Operator’s principal place of business address.
7 Date after which the AOC ceases to be valid (dd-mm-yyyy).
8 The contact details include the telephone and fax numbers, including the country code, and the e-mail address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew competency, dangerous goods and other matters as appropriate.
9 Insert the controlled document, carried on board, in which the contact details are listed, with the appropriate paragraph or page reference, e. g,: "Contact details are listed in the operations manual, Gen/Basic, Chapter 1,1.1" or "... are listed in the operations specifications, page 1" or "... are listed in an attachment to this document".
10 Operator’s registered name.
11 Issuance date of the AOC (dd-mm-yyyy).
12 Title, name and signature of the authority representative. In addition, an official stamp may be applied on the AOC.

PART II
OPERATIONS SPECIFICATIONS
(subject to the approved conditions in the operations manual)

CAAB CONTACT DETAILS

Telephone: ................................ Fax: ................................ Email: ................................

AOC#: ................................Operator name: ................................ Date: ................................

Signature: ................................

Aircraft Model: ................................

Types of operation: Commercial air transportation Passengers Cargo
Other: ................................

Area(s) of operation:

Special limitations:

SPECIFIC APPROVAL

YES

NO

DESCRIPTION

REMARKS

Dangerous goods

 

 

 

 

Low visibility operations

 

 

 

 

Approach and landing

 

 

CAT: ..... RVR: .....m DH: ..... ft. .....

 

Take-off

 

 

RVR: ..... m .....

 

RVSM N/A

 

 

 

 

EDTO N/A

 

 

Threshold time: ........
minutes

 

 

 

 

Maximum diversion time: ........ minutes

 

AR navigation specifications for PBN operations

 

 

 

 

Continuing airworthiness

 

 

 

 

EFB

 

 

 

 

Other

 

 

 

 

Notes.—

1.    Telephone and fax contact details of the authority, including the country code. Email to be provided if available.

2.    Insert the associated AOC number.

3.    Insert the operators’ registered name and the operators’ trading name, if different. Insert "dba" before the trading name (for "doing business as").

4.    Issuance date of the operations specifications (dd-mm-yyyy) and signature of the authority representative.

5.    Insert the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232).

6.    Other type of transportation to be specified (e.g. emergency medical service).

7.    List the geographical area(s) of authorised operation (by geographical co-ordinates or specific routes, flight information region or national or regional boundaries).

8.    List the applicable special limitations (e.g. VFR only, day only).

9.    List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria).

10.    Insert the applicable precision approach category (CAT II, IIIA, IIIB or IIIC). Insert the minimum RVR in metres and decision height in feet. One line is used per listed approach category.

11.    Insert the approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted.

12.    List the airborne capabilities (i.e. automatic landing, HUD, EVS, SVS, and CVS) and associated operational credit(s) granted.

13.    Not applicable (N/A)" box may be checked only if the aircraft maximum ceiling is below FL 290.

14.    If extended diversion time operations (EDTO) approval does not apply based on the provisions in Chapter 4, 4.7, select "N/A". Otherwise, a threshold time and maximum diversion time must be specified.

15.    The threshold time and maximum diversion time may also be listed in distance (NM), as well as the engine type.

16.    Performance-based navigation (PBN): one line is used for each PBN AR navigation specification approval (e.g. RNP AR APCH), with appropriate limitations listed in the "Description" column.

17.    Insert the name of the person/organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and the regulation that requires the work, i.e. within the AOC regulation or a specific approval (e.g. EC2042/2003, Part M, and Subpart G).

18.    List the EFB functions with any applicable limitations.

19.    Other authorisations or data can be entered here, using one line (or one multi-line block) per authorisation (e.g. special approach authorisation, MNPS, approved navigation performance).

FORM B
PROSPECTIVE OPERATOR’S PRE-ASSESSMENT STATEMENT

(reg 6(1))

Prospective Operator’s Pre-assessment Statement (POPS)
To be completed by Air Operator

Section 1A. to be completed by all applicants

1.    Name and mailing address of the company (include business name if different from company name)

2.    Address of the principal (main) base where operations will be conducted, include address of secondary base of operation if appropriate (do not use a post office box).

3.    Proposed start-up date (dd/mm/yyyy):

4.    Requested company identifier in order of preference

1. 2

3

5.    Management and key staff personnel

Name (surname) (first name/s)

Title

Telephone and address if different from company (include country code)

Section 1B. to be completed by air operator and/or approved maintenance organisation

6.     Air Operator intends to perform its maintenance as an AMO (complete block 7 & 8)

        Air Operator intends to arrange for maintenance and inspections of aircraft and associated equipment to be performed by others (complete blocks 7 & 11)

        Air Operator intends to perform maintenance under an equivalent system (complete blocks 7 & 11)

        Approved Maintenance Organisation (complete block 8)

7.    Proposed type of operation (check as many as applicable)

8.    Proposed type of Maintenance Organisation Rating

Air Operator Certificate – Part 8/9

Approved Maintenance Organisation

        Passenger

Air Frame

Computers

        Cargo Only

Power plant

Instruments

        Scheduled Operations

Propellers

Accessories

        Charter Flight Operations

Avionics

Specialised Services

Section 1C. Blocks 9 and 10 to be completed by air operator

9.    Aircraft data (For foreign registered aircraft, please provide a copy of the lease agreement)

10.    Geographic area of intended operations and proposed route structure

Numbers and types of aircraft (by make model and series)

Number of passenger seats and/or cargo capacity

 

Section 1.D to be completed by all applicants

11.     Additional information that provides a better understanding of the proposed operation or business (attach additional sheets if necessary)

12. Proposed training (aircraft or simulator)

13. The statement on this form denotes an intent to apply for a CAAB certificate

Type of Organisation:

Signature:

Date (dd/mm/yyyy):

Name and Title:

Section 2. To be completed by CAAB Official

Received by (Name and Office):

Date received (dd/mm/yyyy):

Date forwarded to Director Flight Safety (dd/mm/yyyy):

For: Action

Information only

Remarks:

Section 3. To be completed by the office of the Director Flight Safety

Received by:

Pre-application number:

Date (dd/mm/yyyy):

Assigned Certification number:

Local office assigned responsibility:

Date forwarded to local office (dd/mm/yyyy):

Remarks:

 

Instructions for completing POPS Form

Section 1A. All applicants shall complete this section.

1.    Enter the company’s official name and mailing address. Include any other business name (if different from the company name).

2.    This address shall be the physical location where primary operating activities are based. It is where the offices of management required by Regulations are located. Include secondary business address of operation and identify the type of operation conducted.

3.    Enter the estimated date when operations or services will begin.

4.    This information will be used to assign a company identification number. You may indicate up to three-letter identifiers, such as ABC, XYZ, etc. If all choices have been assigned to other operators or maintenance organisations, a randomly selected number will be assigned.

5.    Enter the names, titles and telephone numbers of management personnel required by the Regulations/as required.

Note: Management personnel qualification requirements are specified in the Regulations.

Section 1B. All applicants shall complete this section.

1.    Indicate if the air operator intends to perform maintenance as an Approved Maintenance Organisation (AMO) or intends to contract out all or part of its maintenance, or perform its maintenance using an equivalent system.

2.    The proposed type of operation shall be indicated. Check as many boxes as applicable to the intended operation.

3.    The proposed type of maintenance organisation and ratings shall be indicated. Check as many boxes as applicable to the intended operation.

Section 1C. Air Operators shall complete Blocks 9 and 10.

1.    The aircraft data is to be provided here. Indicate number and types of aircraft by make, model, series and number of passenger seats and/or cargo payload capacity. For foreign registered aircraft, provide a copy of the lease agreement, all aircraft documentation (C of A, C of R, etc.) proof of trained crew.

2.    Indicate geographic areas of intended operation and proposed route structure.

Section 1D. All applicants shall complete this section.

1.    Show any information that would assist CAAB personnel in understanding the type and scope of operation or services to be performed by the applicant. If an air operator intends to arrange for maintenance and inspections of its aircraft and/or associated equipment identify the AMO selected and a list of the maintenance or inspections it proposes to perform. Also provide all written contracts with this form, if applicable.

2.    Identify the type of aircraft and/or simulators.

    For AOC’s identify the type of aircraft and/or simulators intended to be used.

    For AMO’s identify the type of aircraft by make and model. In addition identify the type of training that the Quality Assurance staff, certifying staff and maintenance personnel will receive based on the ratings requested.

3.    The POPS Form denotes an intent to seek CAAB certification as an air operator or maintenance organisation. It must be signed as follows—

 

Type of operation:

Authorised signature:

Individual, Partnership, Company, Corporation, Association.

Owner, At least one partner, At least one Authorised Officer

The accountable executive must sign the POPS Form. If another individual who is not the accountable executive signs the POPS Form, the accountable executive must submit with the POPS Form a letter addressing his or her authority to do so.

Sections 2 and 3. For CAAB use.

 

SCHEDULE 2
FEES

(regs 6(5), 7(3) and (4), 11(1), 12(2), 94(2), 97(1), 100 and 110)

 

 

P

Regulation 6(5)

Application for certificate

5500

Regulation 7(3)

Issue of AOC

82.50 for every 100 kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate

Regulation 7(4)

Duplicate of AOC

30 for every 100 kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate

Regulation 11(1)

Amendment of AOC

27.50 for every 100 kg or part thereof

Regulation 12(2)

Renewal of AOC

82.50 for every 100 kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate

Regulation 94(2)

Application for validation

7500

Regulation 97(1)

Issue or renewal of validation or for use of foreign registered aircraft for commercial air transport operations

82.50 for every 100 kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate

Regulation 100

Duplicate of validation

30 for every 100 kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate

 

aircraft not exceeding 5,700 kg (weight)

500 per month, or part thereof

 

aircraft exceeding 5,700 kg (weight)

800 per month, or part thereof

Regulation 110

Searches and copies of documents/certificates or excerpts of documents

100

SCHEDULE 3
MANAGEMENT PERSONNEL REQUIRED FOR COMMERCIAL AIR TRANSPORT OPERATIONS

(reg 18(4))

    (a)    Each air operator certificate holder shall make arrangements to ensure continuity of supervision if operations are conducted in the absence of any required management personnel.

    (b)    Required management personnel shall be contracted to work sufficient hours such that the management functions are fulfilled.

    (c)    A person serving in a required management position for an air operator certificate holder may not serve in a similar position for any other air operator certificate holder, unless an exemption is issued by the Authority.

    (d)    The minimum initial qualifications for an Operations Manager are—

        (i)    an Airline Transport Pilot Licence (ATPL), and

        (ii)    three years’ experience as Pilot-In-Command (PIC) in commercial air transport operations of large aircraft if the air operator certificate holder operates large aircraft, or either large or small aircraft if the air operator certificate holder operates only small aircraft.

    Notwithstanding (d) above the Authority may accept a commercial pilot licence with instrument rating in lieu of the ATPL if the PIC requirements for the operations conducted require only a commercial pilots’ licence.

    (e)    The minimum qualifications for a Chief Pilot are—

        (i)    an ATPL with the appropriate ratings for at least one of the aircraft used in the air operator certificate holder’s operations, and

        (ii)    three years’ experience as PIC in commercial air transport operations in large aircraft if the air operator certificate holder operates large aircraft, or in either large or small aircraft if the air operator certificate holder operates only small aircraft.

Notwithstanding (e) above the Authority may accept a commercial pilot licence with instrument rating in lieu of the ATPL if the PIC requirements for the operations conducted require only a commercial pilots’ licence.

    (f)    The qualifications and attributes of a Safety Manager shall include—

        (i)    broad operational knowledge and experience in the function of the organisation including training management, aircraft operations, air traffic management, aerodrome operations and maintenance organisation management,

        (ii)    sound knowledge of safety management principles and practices,

        (iii)    good written and verbal communication skills,

        (iv)    well-developed interpersonal skills,

        (v)    computer literacy,

        (vi)    ability to relate to all levels, both inside and outside the organisation,

        (vii)    organisational ability,

        (viii)    ability to work unsupervised,

        (ix)    good analytical skills,

        (x)    leadership skills and an authoritative approach, and

        (xi)    worthy of respect front peers and management.

    (g)    The minimum entry qualifications for a Maintenance Manager are—

        (i)    an Aviation Maintenance Technician (AMT) licence with airframe and powerplant ratings;

        (ii)    three years’ experience in maintaining the same category and class of aircraft used by the air operator certificate holder including one year in the capacity of returning aircraft to service; and

        (iii)    one year supervisory experience maintaining the same category and class of aircraft used by the air operator certificate holder.

    (h)    An air operator certificate holder may employ a person who does not meet the appropriate airman qualification or experience if the Authority issues an exemption finding that that person has comparable experience and can effectively perform the required management functions.

SCHEDULE 4
QUALITY SYSTEM

(reg 19(5))

    In order to show compliance with regulation 16, an air operator certificate holder should establish its quality system in accordance with the instruction and information contained in the following paragraphs—

1.    General

    1.1    Terminology

        The terms used in the context of the requirement for an AOC’s quality system have the following meaning—

        "accountable executive" means the person approved by the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority, and any additional requirements defined by the operator.

        "Quality assurance" as distinguished from quality control, involves activities in the business, systems, and technical audit areas and includes a set of predetermined, systemic actions which are required to provide adequate confidence that a product or service satisfies quality requirements.

    1.2    Quality Policy

        1.2.1    An operator shall establish a formal, written quality policy statement that is a commitment by the accountable executive as to what the quality system is intended to achieve. The quality policy should reflect the achievement and continued compliance with the [Model Regulations] together with any additional standards specified by the operator.

        1.2.2    The accountable executive is an essential part of the operator’s management organisation. With regard to the text in regulation 19(2) the term "accountable executive" is intended to mean the Chief Executive/President/Managing Director/General Manager, etc. of the operator’s organisation, who by virtue of his or her position has overall responsibility (including financial) for managing the organisation.

        1.2.3    The accountable executive will have overall responsibility for the operator’s quality system, including the frequency, format and structure of the internal management evaluation activities as prescribed in paragraph 3.9 below.

    1.3    Purpose of the Quality System

        1.3.1    The quality system should enable the operator to monitor compliance with these Regulations, the operator’s manual system, and any other standards specified by the operator, or the Authority, to ensure safe operations and airworthy aircraft.

    1.4    Quality Manager

        1.4.1    The function of the quality manager to monitor compliance with, and the adequacy of, procedures required to ensure safe operational practices and airworthy aircraft as required by these Regulations may be carried out by more than one person by means of different, but complementary, quality assurance programs.

        1.4.2    The primary role of the quality manager is to verify, by monitoring activity in the fields of flight operations, maintenance, crew training and ground operations, that the standards required by the Authority, and any additional requirements defined by the operator, are being carried out under the supervision of the relevant required management personnel.

        1.4.3    The quality manager should be responsible for ensuring that the quality assurance programme is properly established, implemented and maintained.

        1.4.4    The quality manager should—

            (b)    not be one of the required management personnel; and

            (a)    the provisions of these Regulations;

            (c)    the operator’s quality policy;

            (e)    responsibility for the development, establishment and management of the quality system;

            (g)    quality procedures;

            (i)    the required financial, material and human resources; and

            (a)    quality policy;

            (c)    specified operational standards;

            (e)    the allocation of duties and responsibilities;

            (g)    accident prevention and flight safety programme;

            (i)    schedule of the monitoring process;

            (k)    reporting procedures;

            (m)    recording system;

            (o)    document control.

3.    Quality Assurance Programme

    3.1    Introduction

        3.1.1    The quality assurance programme should include all planned and systematic actions necessary to provide confidence that all operations and maintenance are conducted in accordance with all applicable requirements, standards and operational procedures.

        3.1.2    When establishing a quality assurance programme, consideration shall be given to at least the following—

            (b)    audit;

            (d)    auditor’s independence;

            (f)    audit scheduling;

            (h)    management evaluation.

    3.2    Quality Inspection

        3.2.1    The primary purpose of a quality inspection is to observe a particular event/action/document, etc. in order to verify whether established operational procedures and requirements are followed during the accomplishment of that event and whether the required standard is achieved.

        3.2.2    Typical subject areas for quality inspections are—

            (ii)    ground de-icing/anti-icing,

            (iv)    load control,

            (vi)    technical standards, and

            (a)    product sampling – the part inspection of a representative sample of the aircraft fleet;

            (c)    concession sampling – the monitoring of any concession to not carry out maintenance on time;

            (e)    sample reports of unairworthy conditions and maintenance errors on aircraft and components.

    3.3    Audit

        3.3.1    An audit is a systematic, and independent comparison of the way in which man operation is being conducted against the way in which the published operational procedures say it should be conducted.

        3.3.2    Audits should include at least the following quality procedures and processes—

            (b)    planning and preparation;

            (d)    analysis of the evidence.

        3.3.2    Techniques that contribute to an effective audit are—

            (b)    a review of published documents;

            (d)    the witnessing of the activities that make up the operation; and

            (a)    perform quality inspections and audits as part of ongoing quality assurance;

            (c)    initiate or recommend solutions to concerns or findings through designated reporting channels;

            (e)    report directly to the quality manager.

    3.6    Audit scope

        3.6.1    Operators are required to monitor compliance with the operational and maintenance procedures they have designed to ensure safe operations, airworthy aircraft and the serviceability of both operational and safety equipment. In doing so they should as a minimum, and where appropriate, monitor the—

            (b)    plans and company objectives;

            (d)    flight safety;

            (f)    supervision;

            (h)    all weather operations;

            (j)    mass, balance and aircraft loading;

            (l)    manuals, logs, and records;

            (n)    aircraft maintenance/operations interface;

            (p)    maintenance programmes and continued airworthiness;

            (r)    maintenance accomplishment;

            (t)    flight crew;

            (v)    dangerous goods;

            (x)    training.

    3.7    Audit Scheduling

        3.7.1    A quality assurance program should include a defined audit schedule and a periodic review cycle area by area. The schedule should be flexible, and allow unscheduled audits when trends are identified. Follow-up audits should be scheduled when necessary to verify that corrective action was carried out and that it was effective.

        3.7.2    An operator should establish a schedule of audits to be completed during a specified calendar period. All aspects of the operation should be reviewed within every 12 month period in accordance with the programme unless an extension to the audit period is accepted as explained below. An operator may increase the frequency of audits at its discretion but should not decrease the frequency without the agreement of the Authority. Audit frequency should not be decreased beyond a 24 month period interval.

        3.7.3    When an operator defines the audit schedule, significant changes to the management, organisation, operation, or technologies should be considered as well as changes to the regulatory requirements.

    3.8    Monitoring and Corrective Action

        3.8.1    The aim of monitoring within the quality system is primarily to investigate and judge its effectiveness and thereby to ensure that defined policy, operational, and maintenance standards are continuously complied with. Monitoring activity is based upon quality inspections, audits, corrective action and follow-up. The operator should establish and publish a quality procedure to monitor regulatory compliance on a continuing basis. This monitoring activity shall be aimed at eliminating the causes of unsatisfactory performance.

        3.8.2    Any non-compliance identified as a result of monitoring should be communicated to the manager responsible for taking corrective action or, if appropriate, the accountable executive. Such non-compliance should be recorded, for the purpose of further investigation, in order to determine the cause and to enable the recommendation of appropriate corrective action.

        3.8.3    The quality assurance programme should include procedures to ensure that corrective actions are taken in response to findings. These quality procedures should monitor such actions to verify their effectiveness and that they have been completed. Organisational responsibility and accountability for the implementation of collective action resides with the department cited in the report identifying the finding. The accountable executive will have the ultimate responsibility for resourcing the corrective active action and ensuring, through the quality manager, that the corrective action has re-established compliance with the standard required by the Authority, and any additional requirements defined by the operator.

        3.8.4    Corrective action. Subsequent to the quality inspection/audit, the operator shall establish—

            (b)    the origin of the finding;

            (d)    a schedule for corrective action;

            (f)    allocation of resources by the accountable executive, where appropriate.

        3.8.5    The quality manager should—

            (b)    verify the corrective action includes the elements outlined in paragraph 3.8.4 above;

            (d)    provide management with an independent assessment of corrective action; implementation and completion; and

            (a)    the results of quality inspections, audits and any other indicators; and

            (a)    audit schedules;

            (c)    responses to findings;

            (e)    follow-up and closure reports; and

            (a)    ground de-icing/anti-icing;

            (c)    ground handling;

            (e)    training; and

            (a)    an introduction to the concept of the quality system;

            (c)    the concept of quality assurance;

            (e)    audit techniques;

            (g)    the way in which the quality system will function in the company.

        5.1.3    Time should be provided to train every individual involved in quality management and for briefing the remainder of the employees. The allocation of time and resources should be governed by the size and complexity of the operation concerned.

    5.2    Sources of Training

        5.2.1    Quality management courses are available from the various National or International Standards Institutions, and an operator should consider whether to offer such courses to those likely to be involved in the management of quality systems. Operators with sufficient appropriately qualified staff should consider whether to carry out in-house training.

6.    Organisations with 20 or Less Full-Time Employees

    6.1    Introduction.

        6.1.1    The requirement to establish and document a quality system, and to employ a quality manager applies to all operators. References to large and small operators elsewhere in these Regulations are governed by aircraft capacity (i.e, more or less than 20 seats) and by mass (i.e. greater or less than 10 tonnes maximum take-off mass). Such terminology is not relevant when considering the scale of an operation and the quality system required. In the context of quality systems therefore, operators should be categorised according to the number of full-time staff employees.

    6.2    Scale of Operation

        6.2.1    Operators who employ 5 or less full-time staff are considered to be "very small" while those employing between 6 and 20 full time employees are regarded as "small" operators as far as quality systems are concerned. Full-time in this context means employed for not less than 35 hours per week excluding vacation periods.

        6.2.2    Complex quality systems could be inappropriate for small or very small operators and the clerical effort required to draw up manuals and quality procedures for a complex system may stretch their resources. It is therefore accepted that such operators should tailor their quality systems to suit the size and complexity of their operation and allocate resources accordingly.

    6.3    Quality System for Small/Very Small Operators

        6.3.1    For small and very small operators it may be appropriate to develop a quality assurance programme that employs a checklist. The checklist should have a supporting schedule that requires completion of all checklist items within a specified timescale, together with a statement acknowledging completion of a periodic review by top management. An occasional independent overview of the checklist content and achievement of the quality assurance should be undertaken.

        6.3.2    The "small" operator may decide to use internal or external auditors or a combination of the two. In these circumstances it would be acceptable for external specialists and or qualified organisations to perform the quality audits on behalf of the quality manager.

        6.3.3    If the independent quality audit function is being conducted by external auditors, the audit schedule should be shown in the relevant documentation.

        6.3.4    Whatever arrangements are made, the operator retains the ultimate responsibility for the quality system and especially the completion and follow-up of corrective actions.

7.    Quality System

    Organisation Examples—

    The following diagrams illustrate two typical examples of Quality Organisations.

    Quality System within the air operator certificate holder’s organisation when the air operator certificate holder also holds an approval for maintenance.

 

    Quality Systems related to an air operator certificate holder’s organisation where aircraft maintenance is contracted out to an approved organisation which is not integrated with the air operator certificate holder.

 

    Note: Quality System and Quality Audit Programme of the air operator certificate holder should assure that the maintenance carried out by the approved organisation is in accordance with requirements specified by the air operator certificate holder.

SCHEDULE 5
VALIDITY PERIODS FOR RETENTION OF RECORDS

(regs 21(1), 79(2) and 80(5))

    An operator shall ensure that the following information or documentation is retained for the periods shown in the table below.

    Table of Record Retention

Flight Crew Records

Flight, duty and rest time

2 years

Licence and medical certificate

Until 12 months after the flight crew member has left the employ of the operator

Ground and flight training (all types)

Until 12 months after the flight crew member has left the employ of the operator

Route and aerodrome/heliport qualification training

Until 12 months after the flight crew member has left the employ of the operator

Dangerous good training

Until 12 months after the flight crew member has left the employ of the operator

Security training

Until 12 months after the flight crew member has left the employ of the operator

Proficiency and qualification checks (all types)

Until 12 months after the flight crew member has left the employ of the operator

Cabin Crew Records

Flight, duty and rest time

2 years

Licence, if applicable

Until 12 months after the cabin crew member has left the employ of the operator

Ground and flight training (all types) and qualification checks

Until 12 months after the cabin crew member has left the employ of the operator

Dangerous good training

Until 12 months after the cabin crew member has left the employ of the operator

Security training

Until 12 months after the cabin crew member has left the employ of the operator

Competency checks

Until 12 months after the cabin crew member has left the employ of the operator

Records for other AOC Personnel

Training/qualification of other personnel for whom an approved training program is required in these Regulations

Until 12 months after the employee has left the employ of the operator

Licence, if required, and medical certificate if required

Until 12 months after the employee has left the employ of the operator

Proficiency or competency checks, if required

Until 12 months after the employee has left the employ of the operator

Flight Preparation Forms

Completed load manifest

3 months after the completion of the flight

Mass and balance reports

3 months after the completion of the flight

Dispatch releases

3 months after the completion of the flight

Flight plans

3 months after the completion of the flight

Passenger manifests

3 months after the completion of the flight

Weather reports

3 months after the completion of the flight

Flight Recorder Records

Cockpit voice recordings

Preserved after an accident or incident for 60 days or longer if requested by the Authority.

Flight data recordings

Preserved after an accident or incident for 60 days or longer if requested by the Authority.

Aircraft Technical Logbook

Journey records section

2 years

Maintenance records section

2 years

Maintenance Records of the Aircraft

Total time in service (hours, calendar time and cycles, as appropriate) of the aircraft all life-limited components

3 months after the unit to which they refer has been permanently withdrawn from service

Current status of compliance with all mandatory continuing airworthiness information

3 months after the unit to which they refer has been permanently withdrawn from service

Appropriate details of modifications and repairs to the aircraft and its components

3 months after the unit to which they refer has been permanently withdrawn from service

Total time in service (hours, calendar time and cycles, as appropriate) since the last overhaul of the aircraft or its components subject to a mandatory overhaul life

3 months after the unit to which they refer has been permanently withdrawn from service

The detailed maintenance records to show all requirements for a maintenance release have been met

1 year after signing of the maintenance release

Other Records

Operational flight plan

3 months after the completion of the flight

Quality system records

5 years

Dangerous goods transport document

6 months after the completion of the flight

Dangerous goods acceptance checklist

6 months after the completion of the flight

Records on cosmic and solar radiation dosage, if the air operator certificate holder operates aircraft that fly above 15 000 m (49 000 ft)

Until 12 months after the crew member has left the employ of the air operator certificate holder

SCHEDULE 6
FLIGHT SAFETY DOCUMENTS SYSTEM

(reg 28(2))

The following outline addresses the major elements of an operator’s flight safety documents system development process, with the aim of ensuring compliance with these Regulations.

1    Organisation

    1.1    A flight safety documents system shall be organised according to criteria, which ensure easy access to information, required for flight and ground operations contained in the various operational documents comprising the system and which facilitate management of the distribution and revision of operational documents.

    1.2    Information contained in a flight safety documents system shall be grouped according to the importance and use of the information as—

        (a)    time critical information, e.g., information that can jeopardise the safety of the operation if not immediately available;

        (b)    time sensitive information, e.g. information that can affect the level of safety or delay the operation if not available in a short time period;

        (c)    frequently used information;

        (d)    reference information, e.g., information that is required for the operation but does not fall under (b) or (c) above; and

        (e)    information that can be grouped based on the phase of operation in which it is used.

    1.3    Time critical information shall be placed early and prominently in the flight safety documents system.

    1.4    Time critical information, time sensitive information, and frequently used information shall be placed in cards and quick-reference guides.

2    Validation

    2.1    A flight safety documents system shall be validated before deployment, under realistic conditions. Validation shall involve the critical aspects of the information use, in order to verify its effectiveness. Interactions among all groups that can occur during operations shall also be included in the validation process.

3    Design

    3.1    A flight safety documents system shall maintain consistency in terminology and in the use of standard terms for common items and actions.

    3.2    Operational documents shall include a glossary of terms, acronyms and their standard definition, updated on a regular basis to ensure access to the most recent terminology. All significant terms, acronyms and abbreviations included in the flight documents system shall be defined.

    3.3    A flight safety documents system shall ensure standardisation across document types, including writing style, terminology, use of graphics and symbols, and formatting across documents. This includes a consistent location of specific types of information, consistent use of units of measurement and consistent use of codes.

    3.4    A flight safety documents system shall include a master index to locate, in a timely manner, information included in more than one operational document.

    Note: The master index must be placed in the front of each document and consist of no more than three levels of indexing. Pages containing abnormal and emergency information must be tabbed for direct access.

    3.5    A flight safety documents system shall comply with the requirements of the operator’s quality system, if applicable.

4    Deployment

    4.1    Operators shall monitor deployment of the flight safety documents system, to ensure appropriate and realistic use of the documents, based on the characteristics of the operational environment and in a way which is both operationally relevant and beneficial to operational personnel. This monitoring shall include a formal feedback system for obtaining input from operational personnel.

5    Amendment

    5.1    Operators shall develop an information gathering, review, distribution and revision control system to process information and data obtained from all sources relevant to the type of operation conducted, including, but not limited to, the state of the operator, state of design, state of registry, manufacturers and equipment vendors.

    Note: Manufacturers provide information for the operation of specific aircraft that emphasises the aircraft systems and procedures under conditions that may not fully match the requirements of operators. Operators shall ensure that such information meets their specific needs and those of the local authority.

    5.2    Operators shall develop an information gathering, review and distribution system to process information resulting from changes that originate within the operator, including—

        (a)    changes resulting from the installation of new equipment;

        (b)    changes in response to operating experience;

        (c)    changes in an operator’s policies and procedures;

        (d)    changes in an operator certificate; and

        (e)    changes for purposes of maintaining cross fleet standardisation.

    Note: Operators shall ensure that crew coordination philosophy, policies and procedures are specific to their operation.

    5.3    A flight safety documents system shall be reviewed—

        (a)    on a regular basis (at least once a year);

        (b)    after major events (mergers, acquisitions, rapid growth, downsizing, etc.);

        (c)    after technology changes (introduction of new equipment); and

        (d)    after changes in safety regulations.

    5.4    Operators shall develop methods of communicating new information. The specific methods shall be responsive to the degree of communication urgency.

    Note: As frequent changes diminish the importance of new or modified procedures, it is desirable to minimise changes to the flight safety documents system.

    5.5    New information shall be reviewed and validated considering its effects on the entire flight safety documents system.

    5.6    The method of communicating new information shall be complemented by a tracking system to ensure currency by operational personnel. The tracking system shall include a procedure to verify that operational personnel have the most recent updates.

SCHEDULE 7
DRY LEASE

(reg 33(4))

1.    An AOC holder may be approved by the Authority to dry-lease a foreign-registered aircraft for commercial air transport in accordance with the regulatory requirements.

2.    To be eligible for dry lease the foreign registered aircraft shall—

    (a)    have an appropriate airworthiness certificate issued, in accordance with ICAO Annex 8, by the country of registration and meets the registration and identification requirements of that country;

    (b)    be of a type design that complies with all of the requirements that would be applicable to that aircraft which is registered in Botswana, including the requirements which shall be met for issuance of a Botswana airworthiness certificate (including type design conformity, condition for safe operation, and the noise, fuel venting, and engine emission requirements);

    (c)    be maintained according to a maintenance program approved by the State of Registry and acceptable to the Authority; and

    (d)    be operated by qualified crew members employed by the AOC holder.

3.    The Authority shall determine the extent of the State of Registry’s arrangements for continuing airworthiness and find that these arrangements are adequate for the type of operation.

4.    The Authority will have free and uninterrupted access, both in Botswana and at any international location, to the—

    (a)    aircraft on the ramp and during flight time;

    (b)    maintenance and operations facilities;

    (c)    maintenance and operations personnel; and

    (d)    training facilities and simulators used.

5.    The aircraft must be operated in accordance with the regulations applicable to Botswana AOC holders.

6.    The maintenance arrangements must result in the aircraft always complying with the State of Registry requirements and the maintenance requirements applicable to Botswana AOC holders.

7.    Dry Leasing of Botswana Registered Aircraft

    7.1    An AOC holder may be approved by Authority to dry lease an aircraft for the purpose of commercial air transportation provided that the following minimum conditions are met—

        (a)    the AOC holder provides the Authority with a copy of the dry lease agreement to be executed;

        (b)    the AOC holder has operational control of the aircraft during the period of the lease;

        (c)    dispatch and/or flight watch functions are performed by the AOC holder;

        (d)    the flight and cabin crew members are trained, qualified and scheduled by the AOC holder; and

        (e)    the maintenance arrangements are acceptable to the Authority.

    7.2    At a minimum, the dry lease agreement shall be explicit concerning the—

        (a)    entity that has operational control, with the authority for initiating and terminating flights;

        (b)    responsibility for crew training, qualification and scheduling;

        (c)    maintenance and servicing of aircraft, including the Maintenance Program that will used; and

        (d)    minimum Equipment List that will be used.

SCHEDULE 8
AIRCRAFT INTERCHANGE

(reg 34(2))

1.    Before operating under an interchange, each Aircraft Operator Certificate holder shall show that—

    (a)    the procedures for the interchange operation conform with safe operating practices;

    (b)    required crew members and flight operations officers meet approved training requirements for the aircraft and equipment to be used and are familiar with the communications and dispatch procedures to be used;

    (c)    maintenance personnel meet training requirements for the aircraft and equipment, and are familiar with the maintenance procedures to be used;

    (d)    flight crew members and flight operations officers meet appropriate route and airport qualifications;

    (e)    the aircraft to be operated are essentially similar to the aircraft of the air operator certificate holder with whom the interchange is affected; and

    (f)    the arrangement of flight instruments and controls that are critical to safety are essentially similar, unless the authority determines that the air operator certificate holder has adequate training programs to ensure that any potentially hazardous dissimilarities are safely overcome by flight crew familiarisation.

2.    Each air operator certificate holder conducting an interchange agreement shall include the pertinent provisions and procedures of the agreement in its manuals.

3.    The air operator certificate holders shall amend their operations specifications to reflect the interchange agreement.

4.    The air operator certificate holder shall comply with the applicable regulations of the state of registry of an aircraft involved in an interchange agreement while it has operational control of that aircraft.

SCHEDULE 9
WET LEASING

(regs 35(3) and 36(3))

1.    Each air operator certificate holder shall provide the Authority with a copy of the wet lease to be executed.

2.    The Authority will determine which party to a wet lease agreement has operational control considering the extent and control of certain operational functions such as—

    (a)    initiating and terminating flights;

    (b)    maintenance and servicing of aircraft;

    (c)    scheduling crew members;

    (d)    paying crew members; and

    (e)    training crew members.

3.    Each air operator certificate holder engaged in a wet leasing arrangement shall amend its operations specifications to contain—

    (a)    the names of the parties to the agreement and the duration of the agreement;

    (b)    the make, model, and series of each aircraft involved in the agreement;

    (c)    the kind of operation;

    (d)    the expiration date of the lease agreement;

    (e)    a statement specifying the party deemed to have operational control; and

    (f)    any other item, condition, or limitation the Authority determines necessary.

SCHEDULE 10
EMERGENCY EVACUATION DEMONSTRATION

(reg 37(5))

1.    Each air operator certificate holder shall conduct a partial emergency evacuation and ditching evacuation, observed by the Authority, which demonstrates the effectiveness of its crew member emergency training and evacuation procedures.

2.    Prior to conducting an emergency evacuation demonstration, the air operator certificate holder shall apply for and obtain approval from the Authority.

3.    Cabin crew members used in the emergency evacuation demonstrations shall—

    (a)    be selected at random by the Authority;

    (b)    have completed the air operator certificate holder’s Authority-approved training programme for the type and model of aircraft; and

    (c)    have passed the drills and competence check on the emergency equipment and procedures.

4.    To conduct the partial emergency evacuation demonstration, the air operator certificate holder’s assigned cabin crew members shall, using the air operator certificate holder’s line operating procedures—

    (a)    demonstrate the opening of 50 per cent of the required floor-level emergency exits and 50 per cent of the required non-floor-level emergency exits (whose opening by a cabin crew member is defined as an emergency evacuation duty) and deployment of 50 per cent of the exit slides, selected by the Authority; and

    (b)    prepare for use those exits and slides within 15 seconds.

5.    To conduct the ditching evacuation demonstration, the air operator certificate holder’s assigned cabin crew members shall—

    (a)    demonstrate their knowledge and use of each item of required emergency equipment;

    (b)    prepare the cabin for ditching within six minutes after the intention to ditch is announced;

    (c)    remove each life raft from storage (one life raft, selected by the Authority, shall be launched and properly inflated or one slide life raft properly inflated); and

    (d)    enter the raft (the raft shall include all required emergency equipment) and completely set it up for extended occupancy.

SCHEDULE 11
OPERATIONS MANUAL

(reg 41(1) and (11))

    An AOC holder shall ensure that the contents and structure of the operations manual are in accordance with rules and regulations of the Authority and are relevant to the area(s) and type(s) of operation.

    An AOC holder may design a manual to be more restrictive than the Authority’s requirements.

    The general section (Part A: General) of the operations manual may be based upon the following outline—

1.    Administration and Control of Operations Manual

    1.1    Introduction

        (a)    a statement that the manual is current, valid and complies with all applicable Authority regulations and requirements and with the terms and conditions of the applicable Air Operator Certificate;

        (b)    a statement that the manual contains operational instructions that are to be complied with by the relevant personnel in the performance of their duties;

        (c)    a list and brief description of the various operations manual parts, their contents, applicability and use; and

        (d)    explanations and definitions of terms and words used in the manual.

    1.2    System of Amendment and Revision

        (a)    an operations manual shall describe who is responsible for the issuance and insertion of amendments and revisions;

        (b)    a record of amendments and revisions with insertion dates and effective dates is required;

        (c)    a statement that hand-written amendments and revisions are not permitted except in situations requiring immediate amendment or revision in the interest of safety;

        (d)    a description of the system for the annotation of pages and their effective dates;

        (e)    a list of effective pages and their effective dates;

        (f)    a date of issue;

        (g)    annotation of changes (on text pages and as practicable, on charts and diagrams);

        (h)    a system for recording temporary revisions;

        (i)    a description of the distribution system for the manuals, amendments and revisions; and

        (j)    a statement of who is responsible for notifying the Authority of proposed changes and working with the Authority on changes requiring Authority approval.

2.    Organisation and Responsibilities

    2.1    Organisational Structure

        A description of the organisational structure including the general company organisation and operations department organisation. The relationship between the operations department and the other departments of the company. In particular, the subordination and reporting lines of all divisions, departments etc., which pertain to the safety of flight operations, shall be shown.

    2.2    Responsible Manager

        The name of each manager responsible for flight operations, the maintenance system, crew training and ground operations shall be listed. A description of their function and responsibilities shall be included.

    2.3    Responsibilities and Duties of Operations Management Personnel

        A description of the duties, responsibilities and authority of operations management personnel pertaining to the safety of flight operations and with compliance with applicable regulations shall be listed.

    2.4    Authority, Duties and Responsibilities of a PIC

        A statement defining the authority, duties and responsibilities of the PIC shall be listed.

    2.5    Duties and Responsibilities of Crew Members Other than the PIC

        A statement defining the authority, duties, and responsibilities of all required aircraft crew members shall be listed.

3.    Operational Control And Supervision

    3.1    Supervision of the Operation by the AOC Holder

        A description of the system for supervision of the operation by the AOC holder shall be listed. This description shall show how the safety of flight operations and the qualifications of personnel involved in all such operations are supervised and monitored. In particular, the procedures related to the following items shall be described—

        (a)    license and qualified validity;

        (b)    specifications for the operational flight plan;

        (c)    competence of operations personnel; and

        (d)    control, analysis and storage of records, flight documents, additional information, and safety related data.

    3.2    System of Promulgation of Additional Operational Instructions and Information

        A description of any system for promulgating information which may be of an operational nature but is supplementary to that in the operations manual. The applicability of this information and the responsibilities for its promulgation shall be included.

    3.3    Safety Management System (SMS)—

        A description of the main aspects of the SMS programme required by Civil Aviation Regulations, including—

        (a)    safety Policy: General Expectations;

        (b)    safety Risk Management: General Expectations;

        (c)    safety Assurance: General Expectations; and

        (d)    safety Promotion: General Expectations.

    3.4    Operational Control

        A description of the objectives, procedures and responsibilities necessary to exercise operational control with respect to flight safety.

        3.4.1    Procedure and responsibility with respect to flight—

            (b)    continuation;

            (d)    termination.

        3.4.2    An operator shall have procedures for the preparation and dissemination of the integrated aeronautical information package to flight crew and operational personnel, at an aerodrome authorised in the AOC and corresponding operations specifications, pre-flight aeronautical information essential for safety which includes—

            (b)    Aeronautical Information Circular (AIC);

            (d)    Aeronautical Information Regulation and Control (AIRAC);

            (f)    maps and charts for the intended routes and alternates.

        3.4.3    Power of Authority

        A description of the powers of the Authority and guidance to staff on how to facilitate inspections by Authority personnel.

    3.5    Quality System

        A description of the quality system adopted including—

        (a)    safety and quality policy;

        (b)    description of the organisation of the quality system;

        (c)    the process for identifying safety hazards and for evaluating and managing the associated risks; and

        (d)    documentation of all key system processes.

4.    Crew

    4.1    Crew Composition

        An explanation of the method for determining crew compositions taking into account the following—

        (a)    the type of aeroplane being used;

        (b)    the area and type of operation being undertaken;

        (c)    the phase of the flight;

        (d)    the minimum crew requirement and flight duty period planned;

        (e)    experience (total and on type), recency and qualification of the crew members;

        (f)    the designation of the PIC and, if required by the duration of the flight, the procedures for the relief of the PIC or other members of the flight crew;

        (g)    the designation of the senior cabin crew member and, if necessitated by the duration of the flight, the procedures for the relief of the senior cabin crew member and any other member of the cabin crew; and

        (h)    the flight crew for each type of operation including the designation of the succession of command.

    4.2    Designation of the PIC

        The rules applicable to the designation of a PIC.

    4.3    Flight Crew Incapacitation

        Instructions on the succession of command in the event of flight crew incapacitation.

    4.4    Crew Composition

        A statement indicating which aeroplane is considered as one type for the purpose of—

        (a)    flight crew scheduling; and

        (b)    cabin crew scheduling.

    5.    Flight Crew, Cabin Crew, Flight Operations Officer, and Other Operations Personnel

    5.1    Qualifications

        A description of the required license rating(s), qualification/competency (e.g. for routes and aerodromes) experience, training, checking and recency of experience for operations personnel to conduct their duties. Consideration shall be given to the aircraft type, kind of operation, and composition of the crew.

    5.2    Flight Crew

        (a)    Commander;

        (b)    pilot relieving the Commander;

        (c)    co-pilot;

        (d)    pilot under supervision; and

        (e)    operation on more than one type or variant.

    5.3    Cabin Crew

        (a)    senior cabin crew member;

        (b)    cabin crew member;

        (c)    required cabin crew member;

        (d)    additional cabin crew member;

        (e)    cabin crew member during familiarisation flights;

        (f)    operation on more than one type or variant;

        (g)    pilot relieving the Commander;

        (h)     co-pilot; and

        (i)    pilot under supervision.

    5.4    Other Operations Personnel

        5.4.1    Training, Checking and Supervisory Personnel

            (b)    for cabin crew.

6.    Fatigue Management

    6.1    Flight and Duty Time Limitations and Rest Schemes

        An operator shall have policies for flight, cabin crew members and flight operations officer or flight dispatcher in accordance with Regulations pertaining to—

        (a)    flight time;

        (b)    flight duty period;

        (c)    duty period; and

        (d)    rest period.

7.    FRMS

    Where applicable, policy and documentation pertaining to the operator’s FRMS in accordance with the Regulations.

8.    Crew Health

    8.1    Crew Health Precautions

        The relevant regulations and guidance for crew members concerning health including—

        (a)    alcohol and other intoxicating liquor;

        (b)    narcotics;

        (c)    drugs;

        (d)    sleeping tablets;

        (e)    pharmaceutical preparations;

        (f)    immunisation;

        (g)    SCUBA diving;

        (h)    blood donation;

        (i)    meal precautions prior to and during flight;

        (j)    sleep and rest; and

        (k)    surgical operations.

    8.2    Communicable Disease

        Policies and procedure for the crew to evaluate a traveler with a suspected communicable disease, based on the presence of a fever and certain other signs or symptoms? Policies and procedures for the Pilot-In-Command to report promptly to air traffic control (ATC) a suspected communicable disease, with transmission of the following information—

        (a)    aircraft identification;

        (b)    departure aerodrome;

        (c)    destination aerodrome;

        (d)    estimated time of arrival;

        (e)    number of persons on board;

        (f)    number of suspected case(s) on board; and

        (g)    nature of the public health risk, if known.

9.    Operating Procedures

    9.1    Flight Preparation Instructions As applicable to the operation.

    9.2    Criteria for Determining the Usability of Aerodromes The method for determining minimum flight altitudes.

    9.3    En-route Operating Minima for VFR Flights

        A description of en route operating minima for VFR flights or VFR portions of a flight and, where single-engine aircraft are used, instructions for route selection with respect to the availability of surfaces which permit a safe forced landing.

    9.4    Presentation and Application of Aerodrome and En-route Operating Minima The methods for establishing aerodrome and en-route operating minima shall include—

        (a)    the method for establishing aerodrome operating minima for IFR flights, reference must be made to procedures for the determination of the visibility or runway visual range and for the applicability of the actual visibility observed by the pilots, the reported visibility and the reported runway visual range, for category II and III refer to AWO checklist CAAB OPS CL-013;

        (b)    authorisation of minima;

        (c)    capability of the aeroplane and its equipment;

        (d)    suitability for use of the aerodrome;

        (e)    qualification of the flight crew; and

        (f)    adequacy of the operation.

    9.5    Interpretation of Meteorological Information

        Explanatory material on the decoding of MET forecasts and MET reports relevant to the area of operations, including the interpretation of conditional expressions.

    9.6    Determination of the Quantities of Fuel, Oil and Water Methanol Carried

        The specific instructions and methods by which the quantities of fuel, oil and water methanol to be carried are determined and monitored in flight. This section shall also include instructions on the measurement and distribution of the fluid carried on board. Such instructions shall take account of all circumstances likely to be encountered on the flight, including the possibility of in-flight replanning and of failure of one or more of the aircraft’s power plants, and possible loss of pressurisation. The system for maintaining fuel and oil records shall also be described.

10.    Mass and Centre of Gravity

    The general principles of mass and centre of gravity including—

    (a)    the policy for using either standard and/or actual masses;

    (b)    the method for determining the applicable passenger, baggage and cargo mass; and

    (c)    the applicable passenger and baggage masses for various types of operations and aircraft type;

    (d)    general instruction and information necessary for verification of the various types of mass;

    (e)    balance documentation in use;

    (f)    last minute changes procedures;

    (g)    specific gravity of fuel, oil and water methanol; and

    (h)    seating policy/procedures.

    10.1    List of documents, forms and additional Information to be carried during a flight

        An exhaustive list of all documents, including the requirement for certified true copies of the AOC Certificate and Operations Specifications and all leasing documentation (including any transfer agreement of supervisory functions and duties pursuant to Article 83 bis of the Chicago Convention) that are required to be carried on all aircraft operated by the operator including leased aircraft.

    10.2    ATS Flight Plan

        Procedures and responsibilities for the preparation and submission of the air traffic services flight plan. Factors to be considered include the means of submission for both individual and repetitive flight plans.

    10.3    Operational Flight Plan

    Procedures and responsibilities for the preparation and acceptance of the operational flight plan. The use of the operational flight plan must be described, including samples of the operational flight plan formats in use.

    10.4    Operator’s Aircraft Technical Log

    The responsibilities and the use of the operator’s aircraft technical log must be described, including samples of the format used.

11.    Ground Handling Instructions

    11.1    Fuelling Procedures

        A description of fueling procedures, including—

        (a)    safety precautions during refueling and defueling including when an APU is in operation or when a turbine engine is running and, if applicable, the propeller brakes are on;

        (b)    refuelling and defuelling when passengers are embarking, on board or disembarking;

        (c)    precautions to be taken to avoid mixing fuels; and

        (d)    method to ensure the required amount of fuel is loaded.

    11.2    Aircraft, Passengers and Cargo Handling Procedures Related to Safety

        A description of the handling procedures to be used when allocating seats and embarking and disembarking passengers and when loading and unloading the aircraft. Further procedures, aimed at achieving safety whilst the aircraft is on the ramp, shall also be given. Handling procedures shall include—

        (a)    children, sick passengers and persons with reduced mobility;

        (b)    transportation of inadmissible passengers, deportees or persons in custody;

        (c)    permissible size and weight of hand baggage;

        (d)    loading and securing of items in the aircraft;

        (e)    special loads and classification of load compartments (i. e., dangerous goods, live animals, etc.);

        (f)    positioning of ground equipment;

        (g)    operation of aircraft doors;

        (h)    safety on the ramp, including fire prevention, blast and suction areas;

        (i)    start-up, ramp departure and arrival procedures;

        (j)    servicing of aircraft;

        (k)    documents and forms;

        (l)    multiple occupancy of aircraft seats.

12.    Procedures for the Refusal of Embarkation

    Procedures to ensure that persons who appear to be intoxicated or who demonstrate by manner or physical indications that they are under the influence of alcohol or drugs, except medical patients under proper care, are refused embarkation.

13.    De-icing and Anti-Icing on the Ground

    A description of the de-icing and anti-icing policy and procedures for aircraft on the ground. These shall include descriptions of the types and effects of icing and other contaminants on aircraft while stationary, during ground movements and during take-off. In addition, a description of the fluid types used shall be given including—

    (a)    proprietary or commercial names;

    (b)    characteristics;

    (c)    effects on aircraft performance; and

    (d)    precautions during usage.

    13.1    Flight Procedures and Flight Navigation Equipment

    A description of flight procedures, including—

        (a)    standard operating procedures (SOP) for each phase of flight;

        (b)    instructions on the use of normal checklists and the timing of their use;

        (c)    departure contingency procedures;

        (d)    instructions on the maintenance of altitude awareness and the use of automated or flight crew altitude call-outs;

        (e)    instructions on the use of autopilots and auto-throttles in IMC;

        (f)    instructions on the clarification and acceptance of ATC clearances, particularly where terrain clearance is involved;

        (g)    departure and approach briefings;

        (h)    procedures for familiarisation with areas, routes and aerodrome;

        (i)    stabilised approach procedure;

        (j)    limitation on high rates of descent near the surface;

        (k)    conditions required to commence or to continue an instrument approach;

        (l)    instructions for the conduct of precision and non-precision instrument approach procedures;

        (m)    allocation of flight crew duties and procedures for the management of crew workload during night and IMC instrument approach and landing operations;

        (n)    the circumstances in which a radio listening watch is to be maintained;

        (o)    instructions and training requirements for the use of head-up-displays (HUD) and enhanced vision systems (EVS) equipment as applicable; and

        (p)    instructions and training requirements for the use of the EFB, as applicable.

14.    Navigation Equipment

    A list of the navigational equipment to be carried including any requirements relating to operations where performance-based navigation is prescribed. Instructions and training requirements for the use of head-up displays (HUD) and enhanced vision systems (EVS) equipment as applicable.

15.    Navigation Procedures

    A description of all navigation procedures relevant to the type and area of operation. Consideration shall be given to—

    (a)    standard navigational procedures including policy for carrying out independent cross-checks of keyboard entries where these affect the flight path to be followed by the aircraft;

    (b)    MNPS and POLAR navigation and navigation in other designated areas;

    (c)    RNAV;

    (d)    in-flight re-planning;

    (e)    procedures in the event of system degradation;

    (f)    RVSM;

    (g)    where relevant to the operations, the long-range navigation procedures, engine failure procedure for EDTO and the nomination and utilisation of diversion aerodromes;

    (h)    instructions and training requirements for the avoidance of controlled flight into terrain and policy for the use of the ground proximity warning system (GPWS);

    (i)    policy, instructions, procedures and training requirements for the avoidance of collisions and the use of the airborne collision avoidance system (ACAS);

    (j)    information and instructions relating to the interception of civil aircraft including—

            (ii)    visual signals for use by intercepting and intercepted aircraft, as contained in ICAO Annex 2.

16.    Policy and Procedures for In-flight Fuel Management

    16.1    Adverse and Potentially Hazardous Atmospheric Conditions

        Procedures for operating in, and/or avoiding, potentially hazardous atmospheric conditions including—

        (a)    thunderstorms;

        (b)    icing conditions;

        (c)    turbulence;

        (d)    wind shear;

        (e)    jet stream;

        (f)    volcanic ash clouds;

        (g)    heavy precipitation;

        (h)    sand storms;

        (i)    mountain waves; and

        (j)    significant temperature inversions.

    16.2    Operating Restrictions—

        (a)    cold weather operations;

        (b)    take-off and landing in turbulence;

        (c)    low-level wind shear operations;

        (d)    cross-wind operations; (including tail wind components)

        (e)    high temperature operations; and

        (f)    high altitude operations,

17.    Incapacitation of Crew Members

    Procedures to be followed in the event of incapacitation of crew members in flight. Examples of the types of incapacitation and the means for recognising them shall be included.

18.    Cabin safety requirements

    18.1    Cabin safety requirements procedures covering—

        (a)    cabin preparation for flight, in-flight requirements and preparation for landing including procedures for securing cabin and galleys;

        (b)    procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aircraft;

        (c)    procedures to be followed during passenger embarkation and disembarkation;

        (d)    procedures for fueling with passengers on board, embarking, or disembarking;

        (e)    smoking on board; and

        (f)    use of portable electronic equipment and cellular telephones.

    18.2    Passenger Briefing Procedures

    The contents, means and timing of passenger briefing.

    18.3    Procedures for aeroplanes operated whenever required cosmic or solar radiation detection equipment is carried—

        (a)    procedures for the use of cosmic or solar radiation detection equipment and for recording its readings including actions to be taken in the event that limit values specified in the operations manual are exceeded. In addition, the procedures, including ATC procedures, to be followed in the event that a decision to descend or re-route is taken;

        (b)    information which will enable the pilot to determine the best course of action to take in the event of exposure to solar cosmic radiation; and

        (c)    procedures for use of cosmic or solar radiation detection equipment aeroplanes intended to be operated above 15 000 m (49 000 ft);

        (d)    altimeter setting procedures including use, where appropriate, of metric altimetry and conversion tables, and QFE operating procedures;

        (e)    altitude alerting system procedures; and

        (f)    ground proximity warning system or terrain avoidance warning system and CFIT—

            (a)    occasions when undeclared or misdeclared dangerous goods are discovered in cargo or mail;

            (c)    report to the appropriate authorities of the State of the Operator and the State of origin any occasions when dangerous goods are discovered to have been carried without information having been provided to the Pilot-In-Command;

            (e)    provide the Pilot-In-Command with accurate and legible written or printed information concerning dangerous goods that are to be carried as cargo; and

            (i)    the contents and use of the operations manual described in Schedule 11 of these Regulations,

            (iii)    the navigation equipment in the aircraft used,

            (v)    use of MEL/configuration deviation list (CDL),

            (vii)    security procedures,

            (ix)    civil air law and regulations,

            (xi)    aircraft performance,

            (xiii)    rules of the air, communication and air traffic management;

        (d)    demonstrate to the operator a knowledge of the following details concerning operations for which the officer is responsible and areas in which that individual is authorised to exercise flight supervision—

            (ii)    effects of meteorological conditions on radio reception in the aircraft used,

            (iv)    aircraft loading instructions;

        (e)    demonstrate to the operator knowledge and skills related to human performance relevant to dispatch duties; and

        (f)    demonstrate to the operator the ability to perform the duties specified in Civil Aviation (Operations of Aircraft) Regulations.

7.    Procedures for Training and Checking

    7.2    Proficiency Checking Procedures

        Procedures to be applied in the event that personnel do not achieve or maintain the required standards. Procedures for remedial training and subsequent examination of personnel unable to achieve or maintain required standards.

    7.3    Procedures Involving the Simulation of Abnormal or Emergency Situations

        Procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures, and simulation of IMC by artificial means, are not simulated during commercial air transportation flights. Procedures to require that flight crew members are properly trained and examined on abnormal and emergency conditions.

8.    Document Retention

    8.1    Documentation to be Stored and Storage Periods

        An AOC holder shall retain all documentation required by the appropriate Authority, or the Authority of another State in which the AOC holder is operating for the time specified by the respective Authority, or for the time period needed to show compliance with appropriate regulations or this operations manual, whichever is longer.

SCHEDULE 13
AIRCRAFT OPERATING MANUAL

(reg 43(7))

Each AOC applicant and AOC holder shall submit and maintain an aircraft operating manual. This segment of Part B (Aircraft Operating Information) of the operations manual may be based on the following outline—

1.    General Information and Units of Measurement

    General Information (e.g. aircraft dimensions), including a description of the units of measurement used for the operation of the aircraft type concerned and conversion tables.

2.    Limitations

    2.1    Certification and Operational Limitations

        A description of the certified limitations and the applicable operational limitations including—

        (a)    certification status;

        (b)    passenger seating configuration for each aircraft type including a pictorial presentation;

        (c)    types of operation that are approved (e.g. IFR/VFR, CAT II/III, flights in known icing conditions etc.);

        (d)    crew composition;

        (e)    operating within mass and centre of gravity limitations;

        (f)    speed limitations;

        (g)    flight envelopes;

        (h)    wind limits including operations on contaminated runways;

        (i)    performance limitations for applicable configurations;

        (j)    runway slope;

        (k)    limitations on wet or contaminated runways;

        (l)    airframe contamination; and

        (m)    post landing.

    3.    Normal Procedures

    The normal procedures and duties assigned to the crew, the appropriate checklists, system for use of the checklists and aircraft systems information as required including a statement covering the necessary co-ordination procedures between flight and cabin crew. The following normal procedures and duties shall be included—

    (a)    pre-flight;

    (b)    pre-departure and loading;

    (c)    altimeter setting and checking;

    (d)    taxi, take-off and climb;

    (e)    noise abatement;

    (f)    cruise and descent;

    (g)    approach, landing preparation and briefing;

    (h)    VFR approach;

    (i)    instrument approach;

    (j)    visual approach and circling;

    (k)    missed approach;

    (l)    normal landing;

    (m)    post landing; and

    (n)    operation on wet and contaminated runways.

    3.1    Specific Flight Deck Procedures

        (a)    determining airworthiness of aircraft;

        (b)    obtaining flight release;

        (c)    initial cockpit preparation;

        (d)    standard operating procedures;

        (e)    cockpit discipline;

        (f)    standard call-outs;

        (g)    communications;

        (h)    flight safety;

        (i)    push-back and towing procedures;

        (j)    taxi guidelines and ramp signals;

        (k)    take-off and climb out procedures;

        (l)    choice of runway;

        (m)    take-off in limited visibility;

        (n)    take-off in adverse weather;

        (o)    use and limitations of weather radar;

        (p)    use of landing lights;

        (q)    monitoring of flight instruments;

        (r)    power settings for take-off;

        (s)    malfunctions during take-off;

        (t)    rejected take-off decision;

        (u)    climb, best angle, best rate;

        (v)    sterile cockpit procedures;

        (w)    en route and holding procedures;

        (x)    cruise control;

        (y)    navigation log book;

        (z)    descent, approach and landing procedures;

        (aa)    reporting maintenance problems; and

        (bb)    how to obtain maintenance and service en route.

4.    Abnormal and Emergency Procedures

    4.1    Abnormal and Emergency Procedures and Duties

        The manual shall contain a listing of abnormal and emergency procedures assigned to crew members with appropriate check-lists that include a system for use of the check-lists and aircraft system information as required including a statement covering the necessary co-ordination procedures between flight and cabin crew. The following abnormal and emergency procedures and duties shall be included—

        (a)    crew incapacitation;

        (b)    fire and smoke drills;

        (c)    unpressurised and partially pressurised flight; as applicable;

        (d)    exceeding structural limits such as overweight landing;

        (e)    exceeding cosmic radiation limits; as applicable;

        (f)    lightning strikes;

        (g)    distress communications and alerting ATC to emergencies;

        (h)    engine failure;

        (i)    system failures;

        (j)    guidance for diversion in case of serious technical failure;

        (k)    ground proximity warning;

        (l)    ACAS warning;

        (m)    windshear;

        (n)    emergency landing/ditching;

        (o)    aircraft evacuation;

        (p)    fuel jettisoning (as applicable) and overweight landing: general considerations and policy;

        (q)    fuel jettisoning procedures and precautions;

        (r)    emergency procedures: emergency descent low fuel;

        (s)    dangerous goods incident or accident;

        (t)    interception procedures;

        (u)    emergency signal for cabin crew members;

        (v)    communication procedures; and

        (w)    radio listening watch.

5.    Performance Data

    Performance data shall be provided in a form in which it can be used without difficulty. Performance material which provides the necessary data to allow the flight crew to comply with the approved aircraft flight manual performance requirements shall be included to allow the determination of—

    (a)    take-off climb limits - mass, altitude, temperature;

    (b)    take-off field length limits (dry, wet, contaminated);

    (c)    net flight path data for obstacle clearance calculation or, where applicable, take-off flight path;

    (d)    the gradient losses for banked climb outs;

    (e)    en route climb limits;

    (f)    approach climb limits;

    (g)    landing climb limits;

    (h)    landing field length limits (dry, wet, contaminated) including the effects of an in-flight failure of a system or device, if it affects the landing distance;

    (i)    brake energy limits; and

    (j)    speeds applicable for the various flight stages (also considering wet or contaminated runways).

    5.1    Supplementary Performance Data

        Supplementary data covering—

        (a)    flights in icing conditions;

        (b)    the maximum crosswind and tailwind components for each aeroplane type operated and the reductions to be applied to these values having regard to gusts, low visibility, runway surface conditions, crew experience, use of autopilot, abnormal or emergency circumstances, or any other relevant operational factors;

        (c)    any certified performance related to an allowable configuration, or configuration deviation, such as anti-skid inoperative, shall be included.

    5.2    Other Acceptable Performance Data

        If performance data, as required for the appropriate performance class, is not available in the approved AFM, then other data acceptable to the Authority shall be included. Alternatively, the operations manual may contain cross-reference to the approved data contained in the AFM where such data is not likely to be used often or in an emergency.

    5.3    Additional Performance Data

        Additional performance data where applicable including—

        (a)    all engine climb gradients;

        (b)    drift-down data;

        (c)    effect of de-icing/anti-icing fluids;

        (d)    flight with landing gear down;

        (e)    for aircraft with 3 or more engines, one engine inoperative ferry flights; and

        (f)    flights conducted under the provisions of a configuration deviation list (CDL).

    6.    Flight Planning

    6.1    Flight Planning Data

        Specific data and instructions necessary for pre-flight and in-flight planning including factors such as speed schedules and power settings. Where applicable, procedures for engine(s) out operations, EDTO and flights to isolated airports shall be included for the flight plan and the operational flight plan.

7.    Fuel Calculations

    The method for calculating fuel needed for the various stages of flight.

8.    Mass and Balance

    8.1    Calculating Mass and Balance

        Instructions and data for the calculation of mass and balance including—

        (a)    calculation system (e.g. Index system);

        (b)    information and instructions for completion of mass and balance documentation, including manual and computer-generated types;

        (c)    limiting mass and centre of gravity of the various versions;

        (d)    dry operating mass and corresponding centre of gravity or index.

9.    Loading

    9.1    Loading Procedures

        Procedures and provisions for loading and securing the load in the aircraft.

    9.2    Loading Dangerous Goods

        The operations manual shall contain a method to notify the PIC when dangerous goods is loaded in the aircraft.

    10.    Survival and Emergency Equipment Including Oxygen

    10.1    List of Survival Equipment to be Carried

        A list of the survival and emergency equipment to be carried for the routes to be flown and the procedures for checking the serviceability and for some equipment verify its normal functioning before take-off. Instructions regarding the location, accessibility and use of survival and emergency equipment and its associated check list(s) shall also be included.

    10.2    Ground-Air Visual Signal

        Instructions illustrating the ground-air visual signal code for use by survivors shall also be included, as contained in Civil Aviation (Rules of the Air and Air Traffic services) Regulations.

    10.3    Oxygen Usage

        The procedure for determining the amount of oxygen required and the quantity that is available. The flight profile, number of occupants and possible cabin decompression shall be considered. The information provided shall be in a form in which it can be used without difficulty.

    10.4    Emergency Equipment Usage

        A description of the proper use of the following emergency equipment, if applicable—

        (a)    life jackets;

        (b)    life rafts;

        (c)    medical kits/first aid kits;

        (d)    survival kits;

        (e)    emergency locator transmitter (ELT);

        (f)    visual signalling devices;

        (g)    evacuation slides; or

        (h)    emergency lighting.

11.    Emergency Evacuation Procedures

    11.1    Instructions for Emergency Evacuation

        Instruction for emergency evacuation procedures, including type-specific procedures, crew coordination, assignment of crew’s emergency positions and the emergency duties assigned to each crew member.

    11.2    Emergency Evacuation Procedures

        A description of the duties of all members of the crew for the rapid evacuation of an aircraft and the handling of the passengers in the event of a forced landing, ditching or other emergency.

12.    Aircraft Systems

    A description of the aircraft systems, related controls and indications and operating instructions.

    13.    Minimum Equipment List and Configuration Deviation List

    The minimum equipment list and configuration deviation list for the aeroplane types operated and specific operations authorised, including any requirements relating to operations where performance-based navigation is prescribed.

SCHEDULE 14
MASS AND BALANCE DATA CONTROL SYSTEM

(reg 54(5))

1.    An air operator certificate holder may determine the mass of the traffic load in accordance with the following mass values and tables for passengers and baggage as applicable to the passenger seating configuration of the airplane.

2.    Each air operator certificate holder shall compute the mass of passengers and checked baggage using either the actual weighed mass of each person or the actual weighed mass of baggage or the standard mass values specified in Tables 1 to 3 below except where the number of passenger seats available is less than 10. In such cases passenger mass may be established by use of a verbal statement by or on behalf of each passenger and adding to it a predetermined constant to account for hand baggage and clothing.

3.    The procedure specifying when to select actual or standard masses and the procedure to be followed when using verbal statements must be included in the Operations Manual.

4.    If determining the actual mass by weighing, an air operator certificate holder must ensure that passengers’ personal belongings and hand baggage are included. Such weighing must be conducted immediately prior to boarding and at an adjacent location.

5.    If determining the mass of passengers using standard mass values, the standard mass values in Tables 1 and 2 below must be used. The standard masses include hand baggage and the mass of any infant below 2 years of age carried by an adult on one passenger seat. Infants occupying separate passenger seats must be considered as children for the purpose of this paragraph.

    Mass values for passengers - 20 passenger seats or more

    (1)    Where the total number of passenger seats available on an aeroplane is 20 or more, the standard masses of male and female in Table 1 are applicable. As an alternative, in cases where the total number of passenger seats available is 30 or more, the ‘All Adult’ mass values in Table 1 are applicable.

    (2)    For the purpose of Table 1, "holiday charter" means a charter flight solely intended as an element of a holiday travel package. The holiday charter mass values apply provided that not more than five per cent of passenger seats installed in the aeroplane are used for the non-revenue carriage of certain categories of passengers.

Table 1

Passenger seats

20 and more

30 and more

 

 

Male

female

All adult

All flights except holiday charters

88 kg

70 kg

84 kg

Holiday charters

83 kg

69 kg

76 kg

children

35 kg

35 kg

35 kg

    Mass values for passengers - 19 passenger seats or less.

    (1)    Where the total number of passenger seats available on an aeroplane is 19 or less, the standard masses in Table 2 are applicable.

    (2)    On flights where no hand baggage is carried in the cabin or where hand baggage is accounted for separately, 6 kg may be deducted from the above male and female masses. Articles such as an overcoat, an umbrella, a small handbag or purse, reading material or a small camera are not considered as hand baggage for the purpose of this subparagraph.

Table 2

Passenger seats

1-5

6-9

10-19

Male

104 kg

96 kg

92 kg

Female

86 kg

78 kg

74 kg

Children

35 kg

35 kg

35 kg

 

Mass values for baggage

    (1)    Where the total number of passenger seats available on the aeroplane is 20 or more the standard mass values given in Table 3 are applicable for each piece of checked baggage.

        For aeroplanes with 19 passenger seats or less, the actual mass of checked baggage, determined by weighing, must be used.

    (2)    For the purpose of Table 3—

        (i)    domestic flight means a flight with origin and destination within the borders of one State,

        (ii)    flights within the European region means flights, other than Domestic flights, whose origin and destination are within the area of Europe, and

        (iii)    intercontinental flight, other than flights within the European region, means a flight with origin and destination in different continents.

 

Table 3
20 or more passenger seats

Type of flight

Baggage standard mass

Domestic

11 kg

Within the European region

13 kg

Intercontinental

15 kg

All other

13 kg

    6.    If an air operator certificate holder wishes to use standard mass values other than those contained in Tables 1 to 3 above, the operator must advise the Authority of the reasons and gain its approval in advance. The certificate holder must also submit to the Authority for approval a detailed weighing survey plan and apply the statistical analysis method.

    7.    After verification and approval by the Authority of the results of the weighing survey, the revised standard mass values are only applicable to that air operator certificate holder. The revised standard mass values can only be used in circumstances consistent with those under which the survey was conducted. Where revised standard masses exceed those in Tables 1-3, then such higher values must be used.

    8.    On any flight identified as carrying a significant number of passengers whose masses, including hand baggage, are expected to exceed the standard passenger mass, an air operator certificate holder must determine the actual mass of such passengers by weighing or by adding an adequate mass increment.

    9.    If standard mass values for checked baggage are used and a significant number of passengers check in baggage that is expected to exceed the standard baggage mass, an air operator certificate holder must determine the actual mass of such baggage by weighing or by adding an adequate mass increment.

    10.    An air operator certificate holder shall ensure that a Pilot-In-Command is advised when a non-standard method has been used for determining the mass of the load and that this method is stated in the mass and balance documentation.

 

SCHEDULE 15
PASSENGER BRIEFING CARDS

(reg 56(1))

1.    Each air operator certificate holder shall, at each exit seat, provide passenger information cards in the primary language in which emergency commands are given by the crew.

2.    Functions required of a passenger in the event of an emergency in which a crew member is not available to assist, including how to—

    (a)    locate the emergency exit;

    (b)    recognise the emergency exit opening mechanism;

    (c)    comprehend the instructions for operating the emergency exit;

    (d)    operate the emergency exit;

    (e)    assess whether opening the emergency exit will increase the hazards to which passengers may be exposed;

    (f)    follow oral directions and hand signals given by a crew member;

    (g)    stow or secure the emergency exit door so that it will not impede use of the exit;

    (h)    assess the condition of an escape slide, activate the slide, and stabilise the slide after deployment to assist others in getting off the slide;

    (i)    pass expeditiously through the emergency exit; and

    (j)    assess, select, and follow a safe path away from the emergency exit.

3.    A request that a passenger identify himself or herself to allow reseating if he or she—

    (a)    cannot perform the emergency functions stated in the information card;

    (b)    has a non-discernible condition that will prevent him or her from performing the functions;

    (c)    may suffer bodily harm as the result of performing one or more of those functions;

    (d)    does not wish to perform those functions; or

    (e)    lacks the ability to read, speak, or understand the language or the graphic form in which instructions are provided by the air operator certificate holder.

SCHEDULE 16
AERONAUTICAL DATA CONTROL SYSTEM

(reg 57(2))

1.    Each air operator certificate holder shall provide aeronautical data for each airport used by the air operator certificate holder which includes—

    (a)    aerodromes or heliports;

    (b)    facilities;

    (c)    public protection;

    (d)    navigational and communications aids;

    (e)    construction affecting take-off, landing, or ground operations;

    (f)    air traffic facilities;

    (g)    runways, clearways, and stop-ways;

    (h)    dimensions;

    (i)    surface;

    (j)    marking and lighting systems;

    (k)    elevation and gradient;

    (l)    displaced thresholds;

    (m)    location;

    (n)    dimensions;

    (o)    take-off or landing or both;

    (p)    obstacles—

        (i)    those affecting take-off and landing performance computations,

        (ii)    controlling obstacles;

    (q)    instrument flight procedures;

    (r)    departure procedure;

    (s)    approach procedure;

    (t)    missed approach procedure;

    (u)    special information relating to—

        (i)    runway visual range measurement equipment,

        (ii)    prevailing winds under low visibility conditions.

SCHEDULE 17
WEATHER REPORTING SOURCES

(reg 60(3))

1.    The Authority approves and considers the following sources of weather reports satisfactory for flight planning or controlling flight movement—

    (a)    Department of Meteorological Services;

    (b)    Botswana government-operated automated surface observation stations;

    (c)    Botswana government-operated supplemental aviation weather reporting stations;

    (d)    observations taken by airport traffic control towers;

    (e)    Botswana government-contracted weather observatories;

    (f)    any active meteorological office listed in the MET tables located in ICAO Regional Air Navigation Plans operated by a foreign state which subscribes to the standards and practices of ICAO conventions;

    (g)    any military weather reporting sources approved by the Authority, provided the use of military sources is limited to control of those flight operations which use military airports as departure, destination, alternate, or diversionary airports;

    (h)    near real time reports such as pilot reports, radar reports, radar summary charts, and satellite imagery reports made by commercial weather sources or other sources specifically approved by the Authority; and

    (i)    an air operator certificate holder operated and maintained weather reporting system approved by the Authority.

Note: Some automated systems cannot report all required items for a complete surface aviation weather report.

SCHEDULE 18
DE-ICING AND ANTI-ICING PROGRAMME

(reg 61(2))

1.    The air operator certificate holder’s ground de-icing and anti-icing programme shall include a detailed description of—

    (a)    how the air operator certificate holder determines how conditions such as frost, ice, or snow may reasonably be expected to adhere to the aircraft and that ground de-icing and anti-icing operational procedures shall be in effect;

    (b)    who is responsible for deciding that ground de-icing and anti-icing operational procedures shall be in effect;

    (c)    the procedures for implementing ground de-icing and anti-icing operational procedures; and

    (d)    the specific duties and responsibilities of each operational position or group responsible or getting the aircraft safely airborne while ground de-icing and anti-icing operational procedures are in effect.

2.    Initial and annual recurrent ground training for flight crew and all other affected personnel e.g. dispatchers/flight operations officers, ground crews, contract personnel concerning the specific requirements of the approved programme and each person’s responsibilities and duties under the approved programme specifically covering the following areas—

    (a)    the use of holdover times;

    (b)    aircraft de-icing/anti-icing procedures including inspection and check procedures and responsibilities;

    (c)    communication procedures;

    (d)    aircraft surface contamination i.e., adherence of frost, ice or snow and critical area identification, and how contamination adversely affects aircraft performance and flight characteristics;

    (e)    types and characteristics of de-icing/anti-icing fluids;

    (f)    cold weather pre-flight inspection procedures; and

    (g)    techniques for recognising contamination on the aircraft.

3.    The air operator certificate holder’s anti-icing programme shall include procedures for flight crew members to increase or decrease the determined holdover time in changing conditions. The holdover time shall be supported by data approved by the Authority. If the maximum holdover time is exceeded, take-off is prohibited unless at least one of the following conditions exists—

    (a)    a pre-take-off contamination check is conducted outside the aircraft within five minutes prior to beginning take-off to determine that the wings, control surfaces, and other critical surfaces, as defined in the air operator certificate holder’s anti-icing programme, are free of frost, ice, or snow;

    (b)    it is otherwise determined by an alternate procedure, approved by the Authority and in accordance with the air operator certificate holder’s approved anti-icing programme, that the wings, control surfaces, and other critical surfaces are free of frost, ice, or snow; or

    (c)    the wings, control surfaces, and other critical surfaces are de-iced again and a new holdover time is determined.

SCHEDULE 19
FLIGHT MONITORING SYSTEM

(reg 62(4))

1.    An air operator certificate holder shall have an approved flight following system established and adequate for the proper monitoring of each flight, considering the operations to be conducted.

2.    An air operator certificate holder's dispatch shall be located at those points necessary to ensure—

    (a)    the proper monitoring of the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions; and

    (b)    that the PIC is provided with all information necessary for the safety of the flight.

3.    An air operator certificate holder conducting charter operations may arrange to have flight following facilities provided by persons other than its employees, but in such a case the air operator certificate holder continues to be primarily responsible for operational control of each flight.

4.    Each air operator certificate holder conducting charter operations using a flight following system shall show that the system has adequate facilities and personnel to provide the information necessary for the initiation and safe conduct of each flight to—

    (a)    the flight crew of each aircraft; and

    (b)    the persons designated by the certificate holder to perform the function of operational control of the aircraft.

5.    Each air operator certificate holder conducting charter operations shall show that the personnel required to perform the function of operational control are able to perform their duties.

SCHEDULE 20
MINIMUM REST PERIODS FOR FLIGHT CREW

(reg 69(1))

Length of immediately preceding duty period

Minimum length of sufficient rest period

Not exceeding 10 hours

11 hours

Exceeding 10 but not exceeding 11 hours

12 hours

Exceeding 11 but not exceeding 12 hours

13 hours

Exceeding 12 but not exceeding 13 hours

14 hours

Exceeding 13 but not exceeding 14 hours

15 hours

Exceeding 14 but not exceeding 15 hours

16 hours

Exceeding 15 but not exceeding 16 hours

17 hours

Exceeding 16 but not exceeding 17 hours

19 hours

Exceeding 17 but not exceeding 18 hours

21 hours

Exceeding 18 but not exceeding 19 hours

23 hours

Exceeding 19 but not exceeding 20 hours

25 hours

Exceeding 20 but not exceeding 21 hours

27 hours

Exceeding 21 but not exceeding 22 hours

29 hours

Exceeding 22 but not exceeding 23 hours

31 hours

Exceeding 23 hours

33 hours

Minimum rest period – distance not within fifty miles of place of residence

Exceeding 10 but not exceeding 11 hours

10 hours

Exceeding 11 but not exceeding 12 hours

12 hours

Exceeding 12 but not exceeding 14 hours

13 hours

Exceeding 14 but not exceeding 17 hours

15 hours

Exceeding 17 but not exceeding 20 hours

16 hours

Exceeding 20 but not exceeding 23 hours

17 hours

Exceeding 23 hours

18 hours

 

SCHEDULE 21
REDUCED REST PERIODS FOR FLIGHT CREW

(reg 73(5))

 

 

SCHEDULE 22

(reg 97(1))

FORM A - VALIDATION CERTIFICATE FOR FOREIGN AIR OPERATORS

FORM A - VALIDATION CERTIFICATE FOR FOREIGN AIR OPERATORS

 

REPUBLIC OF BOTSWANA 1

2 "/Plot No. 61920, Letsema
Office Park
P.O. Box 250, Gaborone,
Botswana
Fax: +267 3913121,
Tel: +267 3688200
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

CIVIL AVIATION AUTHORITY OF BOTSWANA 3"/

AOC VALIDATION # 4"/:

OPERATOR’S NAME 5

OPERATIONAL POINTS OF
CONTACT 6 contact details, at which
operational management can
be contacted without undue
delay,
are listed in
............. 11

Expiry Date 7:

Dba trading name 8:

Operator Address 9:

Telephone 10:

Fax:

E-mail:

This certificate certifies that ......... 12 is authorised to perform commercial air operations, as defined in the operations specifications issued by the Foreign Authority [that issued and oversees the AOC], in accordance with the operations manual and the applicable state of operator Regulations 13.

Statements of Compliance 14

This certificate is issued to ......... 12 on the basis of it holding a valid AOC. Any changes to the AOC made by the Foreign Authority that issued and oversees the AOC of ......... 12 shall be submitted by ........ 12 in writing to CAAB within thirty (30) days of such change;

This certificate ceases to have effect upon expiry, suspension, revocation, cancellation or equivalent action in respect of the foreign Air Operator’s AOC and ...

The Foreign Air Operator shall comply with the authorisations, conditions and limitations of its AOC operations specifications while operating in the territory of Botswana.

Date of issue 15:

Name and Signature 16:

Title:

1"/ Replace by the name of the validating State.
2"/ For use of the validating State.
3"/ Replace by the identification of the validating Authority.
4"/ Unique AOC number, as issued by the validating State.
5"/ Replace by the operator’s registered name.
6"/ The contact details include the telephone and fax numbers, including the country code, and the e-mail address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew competency, dangerous goods and other matters as appropriate.
7"/ Date after which the AOC validation certificate ceases to be valid (dd-mm-yyyy).
8"/ Operator’s trading name, if different. Insert “dba” before the trading name (for “doing business as”).
9"/ Operator’s principal place of business address.
10"/ Operator’s principal place of business telephone and fax details, including the country code. E-mail to be provided if available.
11"/ Insert the controlled document, carried on board, in which the contact details are listed, with the appropriate paragraph or page reference, e.g.: “Contact details are listed in the operations manual, Gen/Basic, Chapter 1, 1.1” or “... are listed in the operations specifications, page 1 “ or “... are listed in an attachment to this document”.
12"/ Operator’s registered name.
13"/ Insertion of reference to the applicable state of operator regulations.
14"/ Statements of Compliance.
15"/ Issuance date of the AOC (dd-mm-yyyy).
16"/ Title, name and signature of the authority representative, In addition, an official stamp may be applied on the AOC.

CIVIL AVIATION (AERONAUTICAL CHARTS) REGULATIONS

(section 89)

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

    4.    Requirement for provision of cartographic service

    5.    Availability of charts

PART II
General Specifications for Charts

    6.    Operational requirements for charts

    7.    Titles of charts

    8.    Miscellaneous information

    9.    Symbols

    10.    Units of measurement

    11.    Scale and projection

    12.    Date of validity of aeronautical information

    13.    Spelling of geographical names

    14.    Abbreviations

    15.    Political boundaries

    16.    Colours

    17.    Relief

    18.    Prohibited, restricted and danger areas

    19.    Air traffic services airspaces

    20.    Magnetic variation

    21.    Aeronautical data

    22.    Horizontal reference system

    23.    Vertical reference system

    24.    Temporal reference system

    25.    Charts to be published

    26.    Use of automation in aeronautical charting

PART III
Aerodrome Obstacle Chart – Type A

    27.    Function

    28.    Availability

    29.    Units of measurement

    30.    Coverage and scale

    31.    Format

    32.    Identification

    33.    Magnetic variation

Aeronautical Data

    34.    Obstacles

    35.    Take-off flight path area

    36.    Declared distances

    37.    Plan and profile views

    38.    Accuracy

PART IV
Aerodrome Obstacle Chart – Type B

    39.    Function

    40.    Availability

    41.    Units of measurement

    42.    Coverage and scale

    43.    Format

    44.    Identification

    45.    Culture and topography

    46.    Magnetic variation

    47.    Aeronautical data

    48.    Accuracy

PART V
Aerodrome Terrain and Obstacle Chart – (Electronic)

    49.    Function

    50.    Availability

    51.    Identification

    52.    Chart coverage

Chart Content

    53.    General specifications

    54.    Terrain features

    55.    Obstacle features

    56.    Aerodrome features

    57.    Radio navigation aid features

    58.    Accuracy and resolution

    59.    Electronic functionality

    60.    Chart data product specifications

PART VI
Precision Approach Terrain Chart

    61.    Function

    62.    Availability

    63.    Scale

    64.    Identification

    65.    Plan and profile information

PART VII
En Route Chart

    66.    Function

    67.    Availability

    68.    Coverage and scale

    69.    Projection

    70.    Identification

    71.    Culture and topography

    72.    Magnetic variation

    73.    Bearings, tracks and radials

Aeronautical Data

    74.    Aerodromes

    75.    Prohibited, restricted and danger areas

    76.    Air traffic services system

    77.    Supplementary information

PART VIII
Area Chart

    78.    Function

    79.    Availability

    80.    Coverage and scale

    81.    Projection

    82.    Identification

    83.    Culture and topography

    84.    Magnetic variation

    85.    Bearings, tracks and radials

Aeronautical Data

    86.    Aerodromes

    87.    Prohibited, restricted and danger areas

    88.    Area minimum altitudes

    89.    Air traffic services system

PART IX
Standard Departure Chart – Instrument (SID)

    90.    Function

    91.    Availability

    92.    Coverage and scale

    93.    Projection

    94.    Identification

    95.    Culture and topography

    96.    Magnetic variation

    97.    Bearings, tracks and radials

Aeronautical Data

    98.    Aerodromes

    99.    Prohibited, restricted and danger areas

    100.    Minimum sector altitude

    101.    Air traffic services system

    102.    Aeronautical database requirements

PART X
Standard Arrival Chart – Instrument (STAR)

    103.    Function

    104.    Availability

    105.    Coverage and scale

    106.    Projection

    107.    Identification

    108.    Culture and topography

    109.    Magnetic variation

    110.    Bearings, tracks and radials

Aeronautical Data

    111.    Aerodromes

    112.    Prohibited, restricted and danger areas

    113.    Minimum sector altitude

    114.    Air traffic services system

    115.    Aeronautical database requirements

PART XI
Instrument Approach Chart

    116.    Function

    117.    Availability

    118.    Coverage and scale

    119.    Format

    120.    Projection

    121.    Identification

    122.    Culture and topography

    123.    Magnetic variation

    124.    Bearings, tracks and radials

Aeronautical Data

    125.    Aerodromes

    126.    Obstacles

    127.    Prohibited, restricted and danger areas

    128.    Radio communication facilities and navigation aids

    129.    Minimum sector altitude or terminal arrival altitude

    130.    Portrayal of procedure tracks

    131.    Aerodrome operating minima

    132.    Supplementary cartographic

    133.    Aeronautical database requirements

PART XII
Visual Approach Chart

    134.    Function

    135.    Availability

    136.    Scale

    137.    Format

    138.    Projection

    139.    Identification

    140.    Culture and topography

    141.    Magnetic variation

    142.    Bearings, tracks and radials

Aeronautical Data

    143.    Aerodromes

    144.    Obstacles

    145.    Prohibited, restricted and danger areas

    146.    Designated airspace

    147.    Visual approach information

    148.    Supplementary information

PART XIII
Aerodrome or Heliport Chart

    149.    Function

    150.    Availability

    151.    Coverage and scale

    152.    Identification

    153.    Magnetic variation

    154.    Aerodrome or heliport data

PART XIV
Aerodrome Ground Movement Chart

    155.    Function

    156.    Availability

    157.    Coverage and scale

    158.    Identification

    159.    Magnetic variation

    160.    Aerodrome data

PART XV
Aircraft Parking or Docking Chart

    161.    Function

    162.    Availability

    163.    Coverage and scale

    164.    Identification

    165.    Magnetic variation

    166.    Aerodrome data

PART XVI
World Aeronautical Chart – ICAO 1:1 000 000

    167.    Function

    168.    Availability

    169.    Scales

    170.    Format

    171.    Projection

    172.    Identification

Culture and Topography

    173.    Built-up areas

    174.    Railroads

    175.    Highways and roads

    176.    Landmarks

    177.    Political boundaries

    178.    Hydrography

    179.    Contours

    180.    Hypsometric tints

    181.    Spot elevations

    182.    Incomplete or unreliable relief

    183.    Escarpments

    184.    Wooded areas

    185.    Date of topographic information

    186.    Magnetic variation

Aeronautical Data

    187.    General

    188.    Aerodromes

    189.    Obstacles

    190.    Prohibited, restricted and danger areas

    191.    Air traffic services system

    192.    Radio navigation aids

    193.    Supplementary information

PART XVII
Aeronautical Chart – ICAO 1:500 000

    194.    Function

    195.    Availability

    196.    Scales

    197.    Format

    198.    Projection

    199.    Identification

Culture and Topography

    200.    Built-up areas

    201.    Railroads

    202.    Highways and roads

    203.    Landmarks

    204.    Political boundaries

    205.    Hydrography

    206.    Contours

    207.    Hypsometric tints

    208.    Spot elevations

    209.    Incomplete or unreliable relief

    210.    Escarpments

    211.    Wooded areas

    212.    Date of topographic information

    213.    Magnetic variation

Aeronautical Data

    214.    General information

    215.    Aerodromes

    216.    Obstacles

    217.    Prohibited, restricted and danger areas

    218.    Air traffic services system

    219.    Radio navigation aids

    220.    Supplementary information

PART XVIII
Aeronautical Navigation Chart – Small Scale

    221.    Function

    222.    Availability

    223.    Coverage and scale

    224.    Format

    225.    Projection

Culture and Topography

    226.    Built-up areas

    227.    Railroads

    228.    Highways and roads

    229.    Landmarks

    230.    Political boundaries

    231.    Hydrography

    232.    Contours

    233.    Hypsometric tints

    234.    Spot elevations

    235.    Incomplete or unreliable relief

    236.    Escarpments

    237.    Wooded areas

    238.    Date of topographic information

    239.    Colours

    240.    Magnetic variation

Aeronautical Data

    241.    Aerodromes

    242.    Obstacles

    243.    Prohibited, restricted and danger areas

    244.    Air traffic services system

    245.    Radio navigation aids

PART XIX
Plotting Chart

    246.    Function

    247.    Availability

    248.    Coverage and scale

    249.    Format

    250.    Projection

    251.    Identification

    252.    Culture and topography

    253.    Magnetic variation

    254.    Aeronautical data

PART XX
Electronic Aeronautical Chart Display

    255.    Function

    256.    Information available for display

Display Requirements

    257.    Display categories

    258.    Display mode and generation of neighbouring area

    259.    Scale

    260.    Symbols

    261.    Display hardware

    262.    Provision and updating of data

    263.    Performance tests, malfunction alarms and indications

    264.    Back-up arrangements

PART XXI
Air Traffic Control Surveillance Minimum Altitude Chart

    265.    Function

    266.    Availability

    267.    Coverage and scale

    268.    Projection

    269.    Identification

    270.    Culture and topography

    271.    Magnetic variation

    272.    Bearing, tracks and radials

Aeronautical Data

    273.    Aerodromes

    274.    Prohibited, restricted and danger areas

    275.    Air traffic services system

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

S.I. 65, 2022.

PART I
Preliminary (regs 1-5)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Aeronautical Charts) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "aerodrome elevation" means the elevation of the highest point of the landing;

    "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 precision approach and landing operations, expressed in terms of visibility or runway visual range and decision altitude or height as appropriate to the category of the operation;

    (c)    landing in approach and landing operations with vertical guidance, expressed in terms of visibility or runway visual range and decision altitude or height; and

    (d)    landing in non-precision approach and landing operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude or height and, if necessary, cloud conditions;

    "aerodrome reference point" means the designated geographical location of an aerodrome;

    "aeronautical chart" means a representation of a portion of the earth, its culture and relief, specifically designated to meet the requirements of air navigation;

    "aeronautical data (integrity classification)" means classification based upon the potential risk resulting from the use of corrupted data.

    Aeronautical data is classified as—

    (a)    routine data – there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    (b)    essential data – there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    (c)    critical data – there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    "aircraft stand" means a designated on an apron intended to be used for parking an aircraft;

    "air defence identification zone" means a special designated airspace of defined dimensions within which aircraft are required to comply with special identification or reporting procedures additional to those related to the provision of air traffic services;

    "air traffic service" means a flight information service, alerting service, air traffic advisory service, or air traffic control services;

    "air transit route" means a defined route for the air transiting of helicopters;

    "airway" means a control or portion thereof established in the form of a corridor;

    "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

    "application" means manipulation and processing of data in support of user requirements (ISO 19104*);

    "apron" means a defined , on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

    "area minimum altitude (AMA)" means the minimum altitude to be used under instrument meteorological conditions, which provides a minimum obstacle clearance within a specified, normally formed by parallels and meridians;

    "area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground-or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;

    "arrival routes" means routes identified in an instrument approach procedure by which an aircraft may proceed from the en route phase of flight to an initial approach fix;

    "air traffic services route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services;

    "air traffic services surveillance system" means any ground-based system that enables the identification of aircraft, including Automatic Dependent Surveillance – Broadcast, (ADS-B), Primary Surveillance Radar, (PSR), Secondary Surveillance Radar (SSR);

    "bare earth" means surface of the earth including bodies of water and permanent ice and snow, and excluding vegetation and man-made objects;

    "calendar" means discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day (ISO 19108*);

    "clearway" means a defined rectangular on the ground or water under the control of the appropriate authority selected or prepared as a suitable over which an aeroplane may make a portion of its initial climb to a specified height;

    "conformal projection" means a map projection in which a small is rendered in its true shape;

    "contour line" means a line on a map or chart connecting points of equal elevation;

    "culture" means all man-made features constructed on the surface of the earth, such as cities, railways and canals;

    "danger " means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;

    "data product specification" means detailed description of a data set or data set series together with additional information that will enable it to be created, supplied to and used by another party (ISO 19131*);

    "data quality" means a degree or level of confidence that the data provided meets the requirements of the data user in terms of accuracy, resolution and integrity (or equivalent assurance level), traceability, timeliness, completeness and format;

    "data set" means identifiable collection of data (ISO 19101*);

    "data set series" means collection of data sets sharing the same product specification (ISO 19115*);

    "datum" means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities (ISO 19104*);

    "Digital Elevation Model (DEM)" means the representation of terrain surface by continuous elevation values at all intersections of a defined grid, referenced to common datum;

    "displaced threshold" means a threshold not located at the extremity of a runway;

    "electronic aeronautical chart display" means an electronic device by which flight crews are enabled to execute, in a convenient and timely manner, route planning, route monitoring and navigation by displaying required information;

    "elevation" means the vertical distance of a point or a level, on or affixed to the surface of the earth, measured from mean sea level;

    "feature" means abstraction of real world phenomena (ISO 19101*);

    "feature attribute" means characteristic of a feature (ISO 19101*);

    "final approach" means that part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified—

    (a)    at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; or

    (b)    at the point of interception of the last track specified in the approach procedure; and

    (c)    ends at a point in the vicinity of an aerodrome from which—

        (i)    a landing can be made, or

        (ii)    a missed approach procedure is initiated;

    "final approach and take-off (FATO)" means a defined over which the final phase of the approach manoeuvre to hover or landing is completed and from which the take-off manoeuvre is commenced:

    Provided that where the final approach and take-off is to be used by performance Class 1 helicopters, the defined includes the rejected take-off available;

    "final approach fix or point" means that fix or point of an instrument approach procedure where the final approach segment commences;

    "final approach segment" means that segment of an instrument approach procedure in which alignment and descent for landing are accomplished;

    "flight information region" means an airspace of defined dimensions within which flight information service and alerting service are provided;

    "flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1 013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

    "geodesic distance" means the shortest distance between any two points on a mathematically defined ellipsoidal surface;

    "geoid" means the equipotential surface in the gravity field of the earth which coincides with the undisturbed mean sea level extended continuously through the continents;

    "geoid undulation" means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid;

    "glide path" means a descent profile determined for vertical guidance during a final approach;

    "Gregorian calendar" means calendar in general use; first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar (ISO 19108*);

    "height" means the vertical distance of a level, point or an object considered as a point, measured from a specific datum;

    "helicopter stand" means an aircraft stand which provides for parking a helicopter and where ground taxi operations are completed or where the helicopter touches down and lifts off for air taxi operations;

    "heliport" means an aerodrome or a defined on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;

    "heliport reference point (HRP)" means the designated location of a heliport or a landing location;

    "holding procedure" means a predetermined manoeuvre which keeps an aircraft within a specified airspace while awaiting further clearance;

    "hot spot" means a location on an aerodrome movement with a history or potential risk of collision or runway incursion, and where heightened attention by pilots or drivers is necessary;

    "human factors principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "hypsometric tints" means a succession of shades or colour gradations used to depict ranges of elevation;

    "instrument approach procedure" 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 is classified as follows—

    (a)    non-precision approach procedure (NPA) – an IAP which utilises lateral guidance but does not utilise vertical guidance;

    (b)    approach procedure with vertical guidance (APV) – an IAP which uses lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations;

    (c)    precision approach (PA) procedure – an IAP using precision lateral and vertical guidance with minima as determined by the category of operation;

    "intermediate holding position" means a designated position intended for traffic control at which taxiing aircraft and vehicles shall stop and hold until further cleared to proceed, when so instructed by the aerodrome control tower;

    "isogonal" means a line on a map or chart on which all points have the same Magnetic variation for a specified epoch;

    "lambert conformal conic projection" means a conformal conic map projection with straight-line meridians that meet at a common centre beyond the limits of the map and with parallels of which two are standard that are arcs of circles intersecting the meridians at right angles;

    "landing " means that part of a movement intended for the landing or take-off of aircraft;

    "level" means, in relation to the vertical position of an aircraft in flight, height, altitude or flight level;

    "logon address" means a specified code used for data link logon to an air traffic services unit;

    "Magnetic variation" means the angular difference between True North and Magnetic North;

    "manoeuvring" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

    "marking" means a symbol or group of symbols displayed on the surface of the movement in order to convey aeronautical information;

    "metadata" means data about data (ISO 19115*);

    "minimum en route altitude (MEA)" means the altitude for an en route segment that provides adequate reception of relevant navigation facilities and air traffic services communications, complies with the airspace structure and provides the required obstacle clearance;

    "minimum obstacle clearance altitude (MOCA)" means the minimum altitude for a defined segment of flight that provides the required obstacle clearance;

    "minimum sector altitude (MSA)" means the lowest altitude which may be used which will provide a minimum clearance of 300 m (1 000 ft) above objects located in an contained within a sector of a circle of 46 km (25 NM) radius centred on significant point, the aerodrome reference point, or the heliport reference point;

    "missed approach point (MAPt)" means that point in an instrument approach procedure at or before which the prescribed missed approach procedure must be initiated in order to ensure that the minimum obstacle clearance is not infringed;

    "missed approach procedure" means the procedure to be followed if the approach cannot be continued;

    "movement " means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;

    "navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace and classified as—

    (a)    required navigation performance specification – a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, e.g. RNP 4, RNP APCH; and

    (b)    area navigation specification – a navigation specification based on area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, e.g. RNAV 5, RNAV;

    "obstacle" means all fixed, whether temporary or permanent, and mobile objects, or parts thereof, that—

    (a)    are located on an area intended for the surface movement of aircraft; or

    (b)    extend above a defined surface intended to protect aircraft in flight; or

    (c)    stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;

    "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;

    "obstacle free zone (OFZ)" means the airspace above the inner approach surface, inner transitional surfaces, and balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air navigation purposes;

    "point light" means a luminous signal appearing without perceptible length;

    "portrayal" means presentation of information to humans (ISO 19116*);

    "position (geographical)" means set of co-ordinates, latitude and longitude, referenced to the mathematical reference ellipsoid which define the position of a point on the surface of the earth;

    "precision approach procedure" means an instrument approach procedure utilising azimuth and glide path information provided by ILS or PAR;

    "procedure altitude or height" means a published altitude or height used in defining the vertical profile of a flight procedure, at or above the minimum obstacle clearance altitude or height where established;

    "procedure turn" means manoeuvre in which a turn is made away from a designated track followed by a turn in the opposite direction to permit the aircraft to intercept and proceed along the reciprocal of the designated track;

    "prohibited area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;

    "relief" means the inequalities in elevation of the surface of the earth represented on aeronautical charts by contours, hypsometric tints, shading or spot elevations;

    "reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;

    "resolution" means a number of units or digits to which a measured or calculated value is expressed and used;

    "restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;

    "runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

    "runway-holding position" means a designated position intended to protect—

    (a)    a runway;

    (b)    an obstacle limitation surface; or

    (c)    an instrument landing system or microwave landing system critical or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

    "runway visual range (RVR)" means the 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;

    "significant point" means a specified geographical location used in defining an air traffic services route or the flight path of an aircraft and for other navigation and air traffic services purposes;

    "stopway" means a defined rectangular area on the ground at the end of take-off run available prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

    "taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;

    "taxi-route" means a defined path established for the movement of helicopters from one part of a heliport to another. A taxi-route includes a helicopter air or ground taxiway which is centred on the taxi-route;

    "taxiway" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including—

    (a)    aircraft stand taxi lane – a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;

    (b)    apron taxiway – a portion of a taxiway system located on an apron and intended to provide a through taxi-route across the apron;

    (c)    rapid exit taxiway – a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;

    "terminal arrival altitude (TAA)" means the lowest altitude that will provide a minimum clearance of 300 m (1 000 ft) above objects located in an arc of a circle defined by a 46 km (25 NM) radius centred on the initial approach fix, or where there is no initial approach fix on the intermediate approach fix, delimited by straight lines joining the extremity of the arc to the intermediate approach fix and the combined terminal arrival altitudes associated with an approach procedure shall account for an area of 360 degrees around the intermediate approach fix;

    "terrain" means the surface of the earth containing naturally occurring features such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and excluding obstacles;

    "threshold" means the beginning of that portion of the runway usable for landing;

    "touchdown and lift-off area (TLOF)" means a load bearing area on which a helicopter may touch down or lift-off;

    "touchdown zone" means the portion of a runway, beyond the threshold, where it is intended landing aeroplanes first contact the runway;

    "track" means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid) to South;

    "transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

    "vectoring" means provision of navigational guidance to aircraft in the form of specific headings, based on the use of an air traffic services surveillance system;

    "Very High Frequency Omni Directional Radio Range (VOR)" means a type of short-range radio navigation system for aircraft, enabling aircraft with a receiving unit to determine their position and stay on course by receiving radio signals transmitted by a network of fixed ground radio beacons;

    "VFR" means the symbol used to designate the visual flight rules;

    "VFR flight" means a flight conducted in accordance with the visual flight rules;

    "visual approach procedure" means a series of predetermined manoeuvres by visual reference, 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, a go-around procedure can be carried out; and

    "waypoint" means a specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation and identified as either—

    (a)    fly-by waypoint – a waypoint which requires turn anticipation to allow tangential interception of the next segment of a route or procedure; or

    (b)    flyover waypoint – a waypoint at which a turn is initiated in order to join the next segment of a route or procedure.

3.    Application

    These Regulations shall apply to any person providing an aeronautical cartographic service within designated airspaces and at aerodromes for civil aviation purposes in Botswana.

4.    Requirement for provision of cartographic service

    (1) A person shall not provide an aeronautical cartographic service unless such person has been approved by the Authority, according to the Civil Aviation (Certification of Air Navigation Services Providers) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) A person providing aeronautical cartographic services shall develop and avail charts to the Rescue Co-ordinator in the search and rescue region as prescribed by the Authority.

5.    Availability of charts

    The Authority shall—

    (a)    on request by another Contracting State, provide information relating to its own territory that is necessary to enable the requirements of these Regulations to be met;

    (b)    ensure the availability of charts in whichever of the following ways is appropriate for a particular chart or single sheet of a chart series—

        (i)    produce the chart or sheet itself,

        (ii)    arrange for the production of the chart or sheet by another State or by an agency, or

        (iii)    provide another State prepared to accept an obligation to produce the chart or sheet with the data necessary for its production;

    (c)    for any chart or single sheet of a chart series which includes the territory of a Contracting State, determine, in consultation with the State having jurisdiction over the territory concerned, the manner in which the chart or sheet will be made available; and

    (d)    take reasonable measures to ensure that the information provided and the aeronautical charts made available are adequate and accurate and that aeronautical charts are maintained up-to-date by an adequate revision service.

PART II
General Specifications for Charts (regs 6-26)

6.    Operational requirements for charts

    (1) An approved aeronautical cartographic service provider shall ensure that each type of chart—

    (a)    provides information relevant to the function of the chart and that the design of the chart observes human factors principles to facilitate its optimum use;

    (b)    provides information for the safe and expeditious operation of the aircraft appropriate to the phase of flight as listed below—

        (i)    Phase 1 – taxi from aircraft stand to take off,

        (ii)    Phase 2 – take-off and climb to en route air traffic services route structure,

        (iii)    Phase 3 – en route air traffic services route structure,

        (iv)    Phase 4 – descent to approach,

        (v)    Phase 5 – approach to land and missed approach, and

        (vi)    Phase 6 – landing and taxi to aircraft stand;

    (c)    provides information that is accurate, free from distortion and clutter, unambiguous, and readable under normal operating conditions;

    (d)    provides information that can be easily read and interpreted by the pilot in varying conditions of natural and artificial light by using the right colours or tints and type size;

    (e)    is in a form which enables the pilot to acquire information in a reasonable time consistent with workload and operating conditions; and

    (f)    permits smooth transition from chart to chart as appropriate to the phase of flight.

    (2) The charts shall be True North orientated.

    (3) The basic sheet size of the charts which forms part of the Aeronautical Information Publication (AIP) shall be 210 x 297 mm (A4).

    (4) Notwithstanding subregulation (3), an En route Chart, shall be 297 x 420 mm (A3), to enhance legibility.

7.    Titles of charts

    An aeronautical cartographic service provider shall ensure that the title of a chart or chart series prepared in accordance with these Regulations is that of the relevant part heading except that such title shall not include "ICAO" unless the chart conforms with the requirements specified in this Part and any other requirements specified for that particular chart in these Regulations.

8.    Miscellaneous information

    An aeronautical cartographic service provider shall ensure that—

    (a)    the marginal note layout is as set out in Schedule 1, except as otherwise specified for a particular chart;

    (b)    the following information is shown on the face of each chart unless otherwise stated in the specification of the chart concerned—

        (i)    designation or title of the chart series,

        (ii)    name and reference of the sheet, and

        (iii)    on each margin, an indication of the adjoining sheet where applicable;

    (c)    a legend to the symbols and abbreviations used is provided on the face or reverse of each chart except that, where it is impracticable for reasons of space, a legend may be published separately; and

    (d)    the name and adequate address of the producing agency is shown in the margin of the chart except that, where the chart is published as part of an aeronautical document, this information may be placed in the front of that document.

9.    Symbols

    An aeronautical cartographic service provider shall ensure that—

    (a)    the symbols used conform to those specified in Schedule 2, except that where it is desired to show on an aeronautical chart, special features or items of importance to civil aviation for which no ICAO symbol is at present provided, any appropriate symbol may be chosen for this purpose, provided that it does not cause confusion with any existing ICAO chart symbol or impair the legibility of the chart;

    (b)    the same basic symbol is used on all charts on which it appears, regardless of chart purpose to represent ground-based navigation aids, intersections and waypoints;

    (c)    the symbol used for significant points is based on a hierarchy of symbols and selected in the following order—

        (i)    ground-based navigation aid,

        (ii)    intersection, and

        (iii)    waypoint symbol;

    (d)    a waypoint symbol is used only when a particular significant point does not already exist as either a ground-based navigation aid or intersection; and

    (e)    the symbols are shown in the manner specified in this regulation and in accordance with symbol number 121 set out in Schedule 2.

10.    Units of measurement

    An aeronautical cartographic service provider shall ensure that the—

    (a)    distances are derived as geodesic distances;

    (b)    distances are expressed in either kilometres or nautical miles or both, provided the units are clearly differentiated;

    (c)    altitudes, elevations and heights are expressed in either metres or feet or both, provided the units are clearly differentiated;

    (d)    linear dimensions on aerodromes and short distances are expressed in metres;

    (e)    order of resolution of distances, dimensions, elevations and heights are as specified for a particular chart;

    (f)    units of measurement used to express distances, altitudes, elevations and heights are conspicuously stated on the face of each chart; and

    (g)    conversion scales are provided on each chart on which distances, elevations or altitudes are shown and shall be placed on the face of each chart.

11.    Scale and projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    the name and basic parameters and scale of the projection are indicated for charts of large areas; and

    (b)    for charts of small areas, only a linear scale is indicated.

12.    Date of validity of aeronautical information

    An aeronautical cartographic service provider shall clearly indicate on the face of each chart, the date of validity of the aeronautical information.

13.    Spelling of geographical names

    An aeronautical cartographic service provider shall ensure that—

    (a)    the symbols of the Roman alphabet are used for writing;

    (b)    the names of places and of geographical features in Botswana which officially use varieties of the Roman alphabet shall be accepted in their official spelling, including the accents and diacritical marks used in the respective alphabets;

    (c)    the word where a geographical term is abbreviated on any particular chart is spelt out in full; and

    (d)    the punctuation marks are not used in abbreviations within the body of a chart.

14.    Abbreviations

    An aeronautical cartographic service provider shall ensure that abbreviations are—

    (a)    used on aeronautical charts whenever they are appropriate; and

    (b)    selected from the Procedures for Air Navigation Services – ICAO document abbreviations and codes number 8400 where applicable.

15.    Political boundaries

    An aeronautical cartographic service provider shall ensure that the—

    (a)    international boundaries are shown, but may be interrupted if data more important to the use of the chart would be obscured; and

    (b)    names identifying the countries are indicated where the territory of more than one State appears on a chart.

16.    Colours

    An aeronautical cartographic service provider shall ensure that the colours used on charts conform to the Colour Guide set out in Schedule 3 of these Regulations.

17.    Relief

    A cartographic service provider shall ensure that—

    (a)    relief, where shown, is portrayed in a manner that will satisfy the chart users’ need for—

        (i)    orientation and identification,

        (ii)    safe terrain clearance,

        (iii)    clarity of aeronautical cartographic when shown, and

        (iv)    planning;

    (b)    the tints used where relief is shown by hypsometric tints, are based on those shown in the Hypsometric Tint Guide in Schedule 4 of these Regulations;

    (c)    the spot elevations are shown for selected critical points where spot elevations are used; and

    (d)    the value of spot elevations of doubtful accuracy is followed by the sign ±.

18.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the reference or other identification are included when prohibited, restricted or danger areas are shown.

19.    Air traffic services airspaces

    An aeronautical cartographic service provider shall ensure that—

    (a)    the class of airspace, the type, name or call sign, the vertical limits and the radio frequency to be used is indicated when air traffic services airspace is shown on a chart, and the horizontal limits specified in accordance to Schedule 2 to these Regulations; and

    (b)    on charts used for visual flight, those parts of the ATS airspace classes in the Schedule 1 to the Civil Aviation (Rules of the Air and Traffic Services) Regulations (Cap. 71:01 (Sub. Leg.)) applicable to the airspace depicted on the chart to be on the face or reverse of each chart.

20.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    the True North and Magnetic variation are indicated and the order of resolution of Magnetic variation is that as specified for a particular chart;

    (b)    when Magnetic variation is shown on a chart, the values shown are those for the year nearest to the date of publication that is divisible by five; and

    (c)    an interim date and value are quoted in exceptional cases where the current value would be more than one degree different, after applying the calculation for annual change;

    (d)    the publication of a Magnetic variation change for instrument procedure charts shall be completed within a maximum of six AIRAC cycles; and

    (e)    in large terminal areas with multiple aerodromes, a single rounded value of Magnetic variation shall be applied so that the procedures that service multiple aerodromes use a single, common variation value.

21.    Aeronautical data

    An aeronautical cartographic service provider shall ensure that—

    (a)    necessary measures are taken to introduce a properly organised quality system containing procedures, processes and resources necessary to implement quality management at each function stage as specified in the Civil Aviation (Aeronautical Information Services) Regulations;

    (b)    the execution of quality management is made demonstrable for each function stage, when required;

    (c)    the established procedures exist in order that aeronautical data at any moment is traceable to its origin so to allow any data anomalies or errors, detected during the production and maintenance phases or in the operational use, to be corrected;

    (d)    the order of chart resolution of aeronautical data is as specified for a particular chart and as presented in a tabular form in the Schedule 6 of these Regulations;

    (e)    the integrity of aeronautical data is maintained throughout the data process from origination to distribution to the next intended user;

    (f)    digital data error detection techniques shall be used during the transmission and/or storage of aeronautical data and digital data sets.

22.    Horizontal reference system

    An aeronautical cartographic service provider shall ensure that the—

    (a)    World Geodetic System – 1984 is used as the horizontal reference system;

    (b)    published aeronautical geographical co-ordinates indicating latitude and longitude are expressed in terms of the World Geodetic System – 1984 geodetic reference datum;

    (c)    geographical co-ordinates which have been transformed into World Geodetic System – 1984 co-ordinates but whose accuracy of original field work does not meet the requirements in the Civil Aviation (Air Traffic Services) Regulations and the Civil Aviation (Aerodrome) Regulations are identified by an asterisk; and

    (d)    chart resolution of geographical co-ordinates is as specified for a particular chart series.

23.    Vertical reference system

    An aeronautical cartographic service provider shall ensure that the—

    (a)    mean sea level datum is used as the vertical reference system;

    (b)    elevations referenced to mean sea level, for the specific surveyed ground positions, geoid undulation for the surveyed positions are published as specified for a particular chart; and

    (c)    chart resolution of elevation and geoid undulation is as specified for a particular chart series.

24.    Temporal reference system

    An aeronautical cartographic service provider shall ensure that—

    (a)    the Gregorian calendar and Coordinated Universal Time are used as the temporal reference system; and

    (b)    when a different temporal reference system is used for charting, this shall be indicated in the Aeronautical Information Publication.

25.    Charts to be published

    An aeronautical cartographic service provider shall publish, as and when applicable and in accordance with the requirements as prescribed by the Authority, the following charts—

    (a)    Aerodrome Obstacle Chart;

    (b)    Precision Approach Terrain Chart;

    (c)    En route Chart;

    (d)    Area Chart or, alternatively, Standard Departure Chart – Instrument and Standard Arrival Chart – Instrument;

    (e)    Instrument Approach Chart;

    (f)    Visual Approach Chart;

    (g)    Aerodrome or Heliport Chart;

    (h)    Aerodrome Ground Movement Chart;

    (i)    Aircraft Parking or Docking Chart;

    (j)    World Aeronautical Chart or, alternatively, aeronautical chart or Aeronautical Navigation Chart;

    (k)    Plotting Chart; and

    (l)    Air Traffic Control Surveillance Minimum Altitude Chart.

26.    Use of automation in aeronautical charting

    An aeronautical cartographic service provider shall ensure that an aeronautical charting automated system comply with the following requirements—

    (a)    provide for continuous and timely updating of the system database and monitoring of the validity;

    (b)    quality of the aeronautical information stored;

    (c)    integrate data from a wide variety of sources;

    (d)    temporally manage information and related products, to make sure that charts are always up-to-date;

    (e)    facilitate inspection of the aeronautical chart content, possibly through the synchronisation of the graphical elements with the central database content via specific metadata;

    (f)    provide users with definable rules or templates to facilitate the assembling of the final chart product; and

    (g)    ensure products and services are equally available to humans and computer systems, through specific digital formats for capturing and processing the information.

PART III
Aerodrome Obstacle Chart – Type A (regs 27-38)

27.    Function

    An aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle Chart Type A in combination with the relevant cartographic information published in the Aeronautical Information Publication, provides the data necessary to enable an operator to comply with the operating limitations of the Civil Aviation (Aircraft Operations) Regulations.

28.    Availability

    An aeronautical cartographic service provider shall ensure that—

    (a)    the Aerodrome Obstacle Chart Type A is made available in the manner specified in regulation 5(b) for aerodromes regularly used by international civil aviation, except for those aerodromes where there are no obstacles in the take-off flight path areas or where the Aerodrome Terrain and Obstacle Chart is provided in accordance with Part V of these Regulations; and

    (b)    a notification is published in the Aeronautical Information Publication where a chart is not required because no obstacles exist in the take-off flight path area.

29.    Units of measurement

    An aeronautical cartographic service provider shall ensure that the—

    (a)    elevations are shown to the nearest to the nearest foot; and

    (b)    linear dimensions are shown to the nearest half-metre.

30.    Coverage and scale

    A cartographic service provider shall ensure that the—

    (a)    extent or coverage of each chart is sufficient to cover all obstacles;

    (b)    horizontal scale is within the range of 1:10 000 to 1:15 000;

    (c)    vertical scale is 10 times the horizontal scale; and

    (d)    horizontal and vertical linear scales showing both metres and feet are included in the charts.

31.    Format

    An aeronautical cartographic service provider shall ensure that the—

    (a)    charts depict a plan and profile of each runway, any associated stopway or clearway, the take-off flight path area and obstacles;

    (b)    profile for each runway, stopway, clearway and the obstacles in the take-off flight path area are shown above its corresponding plan;

    (c)    profile of an alternative take-off flight path area comprises a linear projection of the full take-off flight path and is disposed above its corresponding plan in the manner most suited to the ready interpretation of the information;

    (d)    profile grid is ruled over the entire profile area exclusive of the runway;

    (e)    zero for vertical co-ordinates is mean sea level;

    (f)    zero for horizontal co-ordinates is at the end of the runway furthest from the take-off flight path area concerned;

    (g)    graduation marks indicating the sub-divisions of intervals is shown along the base of the grid and along the vertical margins;

    (h)    vertical grid to have intervals of 30 m (100 ft) and the horizontal grid to have intervals of 300 m (1 000 ft);

    (i)    chart includes—

        (i)    a box for recording the operational data specified in regulation 36, and

        (ii)    a box for recording amendments and dates thereof.

32.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the—

    (a)    name of the country in which the aerodrome is located;

    (b)    name of the city or town or area which the aerodrome serves;

    (c)    name of the aerodrome; and

    (d)    designator of the runway.

33.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the Magnetic variation to the nearest degree and date of information is indicated.

Aeronautical Data

34.    Obstacles

    An aeronautical cartographic service provider shall ensure that—

    (a)    objects in the take-off flight path area which project above a plane surface having a 1.2 per cent slope and having a common origin with the take-off flight path area are regarded as obstacles, except that obstacles lying wholly below the shadow of other obstacles as defined in paragraphs (c), (d) and (f) need not be shown;

    (b)    mobile objects such as trains and trucks, which may project above the 1.2 per cent plane, are considered obstacles but are not considered as being capable of creating a shadow;

    (c)    plane surface originating at a horizontal line passing through the top of the obstacle at right angles to the centre line of the take-off flight path area is considered as the shadow of an obstacle;

    (d)    the plane covers the complete width of the take-off flight path area and extends to the plane defined in paragraph (a) and (b) or to the next higher obstacle if it occurs first;

    (e)    the first 300 m (1 000 ft) of the take-off flight path area, the shadow planes are horizontal and beyond this point such planes have an upward slope of 1.2 per cent; and

    (f)    if the obstacle creating a shadow is likely to be removed, objects that would become obstacles by its removal shall be shown.

35.    Take-off flight path area

    An aeronautical cartographic service provider shall ensure that the—

    (a)    take-off flight path area consists of a quadrilateral area on the surface of the earth lying directly below, and symmetrically disposed about the take-off flight path and has the following characteristics—

        (i)    commences at the end of the area declared suitable for take-off,

        (ii)    the width at the point of origin is 180 m (600 ft) and this width increases at the rate of 0.25D to a maximum of 1 800 m (6 000 ft), where D is the distance from the point of origin, and

        (iii)    extends to the point beyond which no obstacles exist or to a distance of 10.0 km (5.4 NM), whichever is the lesser; and

    (b)    for runways serving aircraft having operating limitations which do not preclude the use of a take-off flight path gradient of less than 1.2 per cent, the extent of the take-off flight path area specified in paragraph (a)(iii) shall be increased to not less than 12.0 km (6.5 NM) and the slope of the plane surface specified in regulation 34(a) and (b) shall be reduced to 1.0 per cent less.

36.    Declared distances

    An aeronautical cartographic service provider shall ensure that—

    (a)    the following information for each direction of each runway is provided—

        (i)    take-off run available,

        (ii)    accelerate-stop distance available,

        (iii)    take-off distance available, and

        (iv)    landing distance available; and

    (b)    a runway is identified as "not usable for take-off, landing or both" where a declared distance is not provided because a runway is usable in one direction only.

37.    Plan and profile views

    (1) An aeronautical cartographic service provider shall ensure that the plan view shows—

    (a)    the outline of the runways by a solid line, including the length and width, the magnetic bearing to the nearest degree, and the runway number;

    (b)    the outline of the clearways by a broken line, including the length and identification as such;

    (c)    take-off flight path areas by a dashed line and the centre line by a fine line consisting of short and long dashes;

    (d)    alternative take-off flight path areas and where alternative take-off flight path areas not centred on the extension of the runway centre line are shown, notes are provided explaining the significance of such areas; and

    (e)    obstacles, including—

        (i)    the exact location of each obstacle together with a symbol indicative of its type,

        (ii)    the elevation and identification of each obstacle, and

        (iii)    the limits of penetration of obstacles of large extent in a distinctive manner identified in the legend.

    (2) An aeronautical cartographic service provider shall ensure that—

    (a)    the nature of the runway and stopway surfaces are indicated;

    (b)    stopways are identified as such and are shown by a broken line; and

    (c)    the length of each stopway is indicated.

    (3) An aeronautical cartographic service provider shall ensure that the profile view shows—

    (a)    the profile of the centre line of the runway by a solid line and the profile of the centre line of any associated stopways and clearways by a broken line;

    (b)    the elevation of the runway centre line at each end of the runway, at the stopway and at the origin of each take-off;

    (c)    obstacles, including—

        (i)    each obstacle by a solid vertical line extending from a convenient grid line over at least one other grid line to the elevation of the top of the obstacle,

        (ii)    identification of each obstacle, and

        (iii)    the limits of penetration of obstacles of large extent in a distinctive manner identified in the legend.

38.    Accuracy

    An aeronautical cartographic service provider shall ensure that the—

    (a)    order of accuracy attained is shown on the chart;

    (b)    horizontal dimensions and the elevations of the runway, stopway and clearway to be printed on the chart are determined to the nearest 0.5 m (1 ft);

    (c)    order of accuracy of the field work and the precision of chart production are such that measurements in the take-off flight path areas can be taken from the chart within the following maximum deviations—

        (i)    horizontal distances: 5 m (15 ft) at a point of origin increasing at a rate of 1 per 500,

        (ii)    vertical distances: 0.5 m (1.5 ft) in the first 300 m (1 000 ft) and increasing at a rate of 1 per 1 000; and

    (d)    elevation of the datum used is stated and is identified as assumed where no accurate datum for vertical reference is available.

PART IV
Aerodrome Obstacle Chart – Type B (regs 39-48)

39.    Function

    An aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle Chart – Type B provides information to satisfy the following functions—

    (a)    the determination of minimum safe altitudes or heights including those for circling procedures;

    (b)    the determination of procedures for use in the event of an emergency during take-off or landing;

    (c)    the application of obstacle clearing and marking criteria; and

    (d)    the provision of source material for aeronautical charts.

40.    Availability

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Aerodrome Obstacle Chart Type B is made available, in the manner prescribed in regulation 5(b) for all aerodromes regularly used by international civil aviation except for those aerodromes where the Aerodrome Terrain and Obstacle Chart is provided in accordance with Part V;

    (b)    Aerodrome Obstacle Chart Type B is called the Aerodrome Obstacle Chart when a chart combining the specifications of Part III and Part IV of these Regulations is made available.

41.    Units of measurement

    An aeronautical cartographic service provider shall ensure that the—

    (a)    elevations are shown to the nearest foot; and

    (b)    linear dimensions are shown to the nearest half-metre.

42.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the extent or coverage of each chart is sufficient to cover all obstacles;

    (b)    the horizontal scale is within the range of 1:10 000 to 1:20 000; and

    (c)    a horizontal linear scale showing both metres and feet is included in the chart and when necessary, a linear scale for kilometres and a linear scale for nautical miles is also shown.

43.    Format

An aeronautical cartographic service provider shall ensure that the chart include—

    (a)    any necessary explanation of the projection used;

    (b)    any necessary identification of the grid used;

    (c)    a notation indicating that obstacles are those which penetrate the surfaces specified in Civil Aviation (Aerodromes) Regulations;

    (d)    a box for recording amendments and dates thereof; and

    (e)    outside the neat line, every minute of latitude and longitude marked in degrees and minutes.

44.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the—

    (a)    name of the country in which the aerodrome is located;

    (b)    name of the city or town or area which the aerodrome serves; and

    (c)    name of the aerodrome.

45.    Culture and topography

    An aeronautical cartographic service provider shall ensure that the—

    (a)    drainage and hydrographic details are kept to a minimum;

    (b)    buildings and other salient features associated with the aerodrome are shown and wherever possible, to scale;

    (c)    objects, either cultural or natural, that project above the take-off and approach surfaces specified in regulation 48 or the clearing and marking surfaces specified in Civil Aviation (Aerodromes) Regulations are shown; and

    (d)    roads and railroads within the take-off and approach area, and less than 600 m (2 000 ft) from the end of the runway or runway extensions, are shown.

46.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the chart shows a compass rose orientated to the True North, or a North point, showing the Magnetic variation to the nearest degree with the date of magnetic cartographic and annual change.

47.    Aeronautical data

    An aeronautical cartographic service provider shall ensure that the chart shows—

    (a)    the aerodrome reference point and its geographical co-ordinates in degrees, minutes and seconds;

    (b)    the outline of the runways by a solid line;

    (c)    the length and width of the runway;

    (d)    the magnetic bearing to the nearest degree of the runway and the runway number;

    (e)    the elevation of the runway centre line at each end of the runway, at the stopway, at the origin of each take-off and approach area, and at each significant change of slope of runway and stopway;

    (f)    taxiways, aprons and parking areas identified as such, and the outlines by a solid line;

    (g)    stopways identified as such and depicted by a broken line;

    (h)    the length of each stopway;

    (i)    clearways identified as such and depicted by a broken line;

    (j)    the length of each clearway;

    (k)    take-off and approach surfaces identified as such and depicted by a broken line;

    (l)    take-off and approach areas;

    (m)    obstacles at their exact location, including—

        (i)    a symbol indicative of their type,

        (ii)    elevation,

        (iii)    identification, and

        (iv)    limits of penetration of large extent in a distinctive manner identified in the legend;

    (n)    any additional obstacles, as determined by regulation 34(a) including the obstacles in the shadow of an obstacle, which would otherwise be exempted—

        (i)    the nature of the runway and stopway surfaces shall be given,

        (ii)    the highest object or obstacle between adjacent approach areas within a radius of 5 000 m (15 000 ft) from the aerodrome reference point shall be indicated in a prominent manner, wherever practicable, and

        (iii)    the extent of tree areas and relief features, part of which constitute obstacles, shall be shown.

48.    Accuracy

    An aeronautical cartographic service provider shall ensure that the—

    (a)    order of accuracy attained is shown on the chart;

    (b)    horizontal dimensions and the elevations of the movement area, stopways and clearways to be printed on the chart is determined to the nearest 0.5 m (1 ft);

    (c)    order of accuracy of the field work and the precision of chart production is such that the resulting data will be within the following maximum deviations—

        (i)    take-off and approach areas—

            (aa)    horizontal distances: 5 m (15 ft) at point of origin increasing at a rate of 1 per 500, and

            (bb)    vertical distances: 0.5 m (1.5 ft) in the first 300 m (1000 ft) and increasing at a rate of 1 per 1000,

        (ii)    other areas—

            (aa)    horizontal distances: 5 m (15 ft) within 5 000 m (15 000 ft) of the aerodrome reference point and 12 m (40 ft) beyond that area, and

            (bb)    vertical distances: 1 m (3 ft) within 1 500 m (5 000 ft) of the aerodrome reference point increasing at a rate of 1 per 1 000;

    (d)    elevation of the datum used is stated and identified as assumed, where no accurate datum for vertical reference is available.

PART V
Aerodrome Terrain and Obstacle Chart – (Electronic) (regs 49-60)

49.    Function

    An aeronautical cartographic service provider shall ensure that the Aerodrome Terrain and Obstacle Chart electronic portrays the terrain and obstacle data in combination with aeronautical data, as appropriate, necessary to—

    (a)    enable an operator to comply with the operating limitations of the Civil Aviation (Aircraft Operations) Regulations, by developing contingency procedures for use in the event of an emergency during a missed approach or take-off, and by performing aircraft operating limitations analysis; and

    (b)    support the following air navigation applications—

        (i)    instrument procedure design (including circling procedure),

        (ii)    aerodrome obstacle restriction and removal, and

        (iii)    provision of source data for the production of other aeronautical charts.

50.    Availability

    An aeronautical cartographic service provider shall ensure that the—

    (a)    an Aerodrome Terrain and Obstacle Chart is made available in the manner specified in regulation 5(b) for aerodromes regularly used by international civil aviation;

    (b)    an Aerodrome Terrain and Obstacle Chart is made available in hard copy format upon request; and

    (c)    ISO 19100 series of standards for geographic cartographic are used as a general data modelling framework.

51.    Identification

    An aeronautical cartographic service provider shall ensure that electronic charts are identified by the—

    (a)    name of the country in which the aerodrome is located;

    (b)    name of the city or town which the aerodrome serves; and

    (c)    name of the aerodrome.

52.    Chart coverage

    An aeronautical cartographic service provider shall ensure that the extent of each chart is sufficient to cover Area 2 as specified in the Civil Aviation (Aeronautical Information Services) Regulations.

Chart Content

53.    General specifications

    An aeronautical cartographic service provider shall ensure that the—

    (a)    relationships between features, feature attributes, and the underlying spatial geometry and associated topological relationships are specified by an application schema when developing computer graphic applications that are used to portray features on the chart;

    (b)    portrayed information is provided on the basis of portrayal specifications applied according to defined portrayal rules whereby portrayal specifications and portrayal rules are not part of the data set;

    (c)    portrayal rules are stored in a portrayal catalogue which shall make reference to separately stored portrayal specifications; and

    (d)    symbols used to portray features are in accordance with regulation 8 and the International Civil Aviation Organisation Chart Symbols set out in Schedule 2.

54.    Terrain features

    An aeronautical cartographic service provider shall ensure that—

    (a)    the terrain feature and associated attributes, to be portrayed, and database-linked to the chart are based on the terrain data sets which satisfy the requirements in the Civil Aviation (Aeronautical Information Services) Regulations;

    (b)    the terrain feature is portrayed in a manner that provides an effective general impression of a DEM;

    (c)    representation of terrain surface shall be provided as a selectable layer of contour lines in addition to the DEM;

    (d)    an ortho-rectified image which matches the features on the DEM with features on the overlying image is to be used to enhance the DEM;

    (e)    the portrayed terrain feature is linked to the following associated attributes in the database—

        (i)    horizontal positions of grid points in geographic co-ordinates and elevations of the points,

        (ii)    surface type,

        (iii)    contour line values, if provided, and

        (iv)    names of cities, towns and other prominent topographic features; and

    (f)    additional terrain attributes provided in the database is linked to the portrayed terrain feature.

55.    Obstacle features

    An aeronautical cartographic service provider shall ensure that the—

    (a)    obstacle features, and associated attributes, portrayed or database-linked to the chart is based on electronic obstacle data sets which satisfy the requirements of the Civil Aviation (Aeronautical Information Services) Regulations;

    (b)    each obstacle is portrayed by an appropriate symbol and obstacle identifier;

    (c)    the portrayed obstacle feature is linked to the following associated attributes in the database—

        (i)    horizontal position in geographic co-ordinates and associated elevation,

        (ii)    obstacle type, and

        (iii)    obstacle extent, if appropriate; and

    (d)    additional obstacle attributes provided in the database must be linked to the portrayed obstacle feature.

56.    Aerodrome features

    An aeronautical cartographic service provider shall ensure that the—

    (a)    aerodrome features, and associated attributes, portrayed and database-linked to the chart is used on aerodrome data which satisfy the requirements of the Civil Aviation (Aerodromes) Regulations and the Civil Aviation (Aeronautical Information Services) Regulations;

    (b)    following aerodrome features are portrayed by an appropriate symbol—

        (i)    aerodrome reference point,

        (ii)    runway, with designation numbers, and if available, stopway and clearway, and

        (iii)    taxiways, aprons, large buildings and other prominent aerodrome features; and

    (c)    portrayed aerodrome feature is linked to the following associated attributes in the database—

        (i)    geographical co-ordinates of the aerodrome reference point,

        (ii)    aerodrome Magnetic variation, year of cartographic and annual change,

        (iii)    length and width of a runway, stopway and clearway,

        (iv)    type of surface of runway and stopway,

        (v)    magnetic bearings of the runway to the nearest degree,

        (vi)    elevations at each end of runway, stopway and clearway, and at each significant change in slope of the runway and stopway, and

        (vii)    declared distances for each runway direction, or the abbreviation "NU" where a runway direction cannot be used for take-off or landing or both.

57.    Radio navigation aid features

    An aeronautical cartographic service provider shall ensure that the each radio navigation aid feature located within the chart coverage is portrayed by an appropriate symbol.

58.    Accuracy and resolution

    An aeronautical cartographic service provider shall ensure that the—

    (a)    order of accuracy of aeronautical, terrain and obstacle data is in accordance with its intended use; and

    (b)    aeronautical terrain and obstacle data resolution is commensurate with the actual data accuracy.

59.    Electronic functionality

    An aeronautical cartographic service provider shall ensure that—

    (a)    the symbols and text size varies with chart scale to enhance readability;

    (b)    the information on the chart is geo-referenced, and it is possible to determine cursor position to at least the nearest second;

    (c)    the chart is compatible with widely available desktop computer hardware, software and media;

    (d)    the chart includes a reader software;

    (e)    it is not possible to remove information from the chart without an authorised update;

    (f)    selectable information layers are provided to allow for the customised combination of information, when due to congestion of information, the details necessary to support the function of the chart cannot be shown with sufficient clarity on a single comprehensive chart view; and

    (g)    the chart can be printed in hard copy format according to the content specifications and scale determined by the user.

60.    Chart data product specifications

    An aeronautical cartographic service provider shall ensure that—

    (a)    a comprehensive statement of the data sets comprising the chart is provided in the form of data product specifications on which basis, air navigation users will be able to evaluate the chart data product and determine whether it fulfils the requirements for its intended use;

    (b)    the chart data product specifications include—

        (i)    an overview,

        (ii)    a specification scope,

        (iii)    a data product identification,

        (iv)    data content information,

        (v)    the reference systems used,

        (vi)    the data quality requirements, and

        (vii)    information on data capture, data maintenance, data portrayal, data product delivery, metadata and any available additional information;

    (c)    the overview of the chart data product specifications provides an informal description of the product and contains the general information about the data product and that the scope of the chart data product specifications contains the spatial (horizontal) extent of the chart coverage;

    (d)    the chart data product identification includes the title of the product, a brief narrative summary of the content and purpose, and a description of the geographic area covered by the chart;

    (e)    the data content of the chart data product specifications clearly identifies the type of coverage and imagery and provide a narrative description of each;

    (f)    the chart data product specifications include information that defines the reference systems used including—

        (i)    the spatial reference system (horizontal and vertical) and, if appropriate,

        (ii)    temporal reference system;

    (g)    the chart data product specifications identify the data quality requirements including—

        (i)    a statement on acceptable conformance quality levels, and

        (ii)    corresponding data quality measures;

    (h)    statement in paragraph (g) covers the data quality elements and data quality sub-elements; even if only to state that a specific data quality element or sub-element is not applicable;

    (i)    the chart data product specifications include—

        (i)    a data capture statement providing a general description of the sources and processes applied for the capture of chart data,

        (ii)    the principles and criteria applied in the maintenance of the chart,

        (iii)    the frequency with which the chart product is updated,

        (iv)    the maintenance cartographic of obstacle data sets included on the chart, and

        (v)    an indication of the principles, methods and criteria applied for obstacle data maintenance;

    (j)    chart data product specifications contain—

        (i)    information on how data are portrayed on the chart, as detailed in regulation 54,

        (ii)    the chart data product delivery information which include delivery formats and delivery medium information; and

    (k)    core chart metadata elements are included in the chart data product specifications and any additional metadata items required to be supplied are stated in the product specifications together with the format and encoding of the metadata.

PART VI
Precision Approach Terrain Chart (regs 61-65)

61.    Function

    An aeronautical cartographic service provider shall ensure that the Precision Approach Terrain Chart provides detailed terrain profile information within a defined portion of the final approach so as to enable aircraft operating agencies to assess the effect of the terrain on decision height determination by the use of radio altimeters.

62.    Availability

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Precision Approach Terrain Chart is made available for precision approach runways Categories II and III at aerodromes used by international civil aviation, except where the requisite information is provided in the Aerodrome Terrain and Obstacle Chart as provided for in Part V of these Regulations;

    (b)    Precision Approach Terrain Chart is revised whenever any significant change occurs.

63.    Scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the horizontal scale is 1:2500, and the vertical scale is 1:500; and

    (b)    when the chart includes a profile of the terrain to a distance greater than 900 m (3 000 ft) from the runway threshold, the horizontal scale is 1:5000.

64.    Identification

    An aeronautical cartographic service provider shall ensure that the Precision Approach Terrain Chart is identified by the—

    (a)    name of the country in which the aerodrome is located;

    (b)    the name of the city or town or area which the aerodrome serves;

    (c)    the name of the aerodrome; and

    (d)    designator of the runway.

65.    Plan and profile information

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Precision Approach Terrain Chart includes—

        (i)    a plan showing contours at 1 m (3 ft) intervals in the area 60 m (200 ft) on either side of the extended centre line of the runway, to the same distance as the profile, and the contours are related to the runway threshold,

        (ii)    an indication where the terrain or any object thereon, within the plan defined in subparagraph (i), differs by ±3 m (10 ft) in height from the centre line profile and is likely to affect a radio altimeter, and

        (iii)    a profile of the terrain to a distance of 900 m (3 000 ft) from the threshold along the extended centre line of the runway;

    (b)    where the terrain at a distance greater than 900 m (3 000 ft) from the runway threshold is mountainous or otherwise significant to users of the chart, the profile of the terrain is shown to a distance not exceeding 2 000 m (6 500 ft) from the runway threshold; and

    (c)    ILS reference datum height is shown to the nearest foot.

PART VII
En route Chart (regs 66-77)

66.    Function

    An aeronautical cartographic service provider shall ensure that the En route Chart provides flight crews with information to facilitate navigation along air traffic service routes in compliance with air traffic services procedures.

67.    Availability

    An aeronautical cartographic service provider shall ensure that—

    (a)    the En route Chart is made available in the manner prescribed in regulation 5(b) for areas where flight information regions have been established in Botswana; and

    (b)    separate charts are provided where different air traffic services routes, position reporting requirements or lateral limits of flight information regions or control areas exist in different layers of airspace and cannot be shown with sufficient clarity on one chart.

68.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the layout of sheet lines is determined by the density and pattern of the air traffic service route structure;

    (b)    large variations of scale between adjacent charts showing a continuous route structure is not used; and

    (c)    an adequate overlap of charts is provided to ensure continuity of navigation.

69.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used;

    (b)    parallels and meridians are shown at suitable intervals; and

    (c)    graduation marks are placed at consistent intervals along selected parallels and meridians.

70.    Identification

    An aeronautical cartographic service provider shall ensure that each sheet of the chart is identified by chart series and number.

71.    Culture and topography

    An aeronautical cartographic service provider shall ensure that—

    (a)    generalised shore lines of all open water areas, large lakes and rivers are shown except where they conflict with data more applicable to the function of the chart;

    (b)    area minimum altitude is shown within each quadrilateral formed by the parallels and meridians;

    (c)    selected orientation used is clearly indicated, where charts are not True North orientated.

72.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the isogonal are indicated and the date of the isogonic information is given.

73.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that the—

    (a)    bearings, tracks and radials are—

        (i)    magnetic, except as provided for in subparagraph (ii),

        (ii)    shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments, and

        (iii)    clearly indicated where given with reference to True North or Grid North; and

    (b)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

74.    Aerodromes

    An aeronautical cartographic service provider shall ensure that aerodromes used by international civil aviation to which an instrument approach can be made are shown.

75.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that prohibited, restricted and danger areas relevant to the layer of airspace are depicted with their identification and vertical limits.

76.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that the following components of established air traffic services system are shown where appropriate—

    (a)    the radio navigation aids associated with the air traffic services system together with their names, identifications, frequencies and geographical co-ordinates in degrees, minutes and seconds;

    (b)    in respect of distance measuring equipment, the elevation of the transmitting antenna of the distance measuring equipment to the nearest 30 m (100 ft);

    (c)    an indication of designated airspace, including lateral and vertical limits and the appropriate class of airspace;

    (d)    air traffic services routes for en route flight including route designators, the track to the nearest degree in both directions along each segment of the routes and, where established, the designation of the navigation specification(s) including any limitations and the direction of traffic flow;

    (e)    significant points which define the air traffic services routes and are not marked by the position of a radio navigation aid, together with their name-codes and geographical co-ordinates in degrees, minutes and seconds;

    (f)    in respect of waypoints defining VOR or distance measuring equipment area navigation route, the station identification and radio frequency of the reference VOR or distance measuring equipment and the bearing to the nearest tenth of a degree and the distance to the nearest two-tenths of a kilometre (tenth of a nautical mile) from the reference VOR or distance measuring equipment, if the waypoint is not collocated with it;

    (g)    an indication of compulsory and "on-request" reporting points and air transport services or MET reporting points;

    (h)    the distances, to the nearest kilometre or nautical mile, between significant points constituting turning points or reporting points;

    (i)    change-over points on route segments defined by reference to Very High Frequency Omni Directional Radio Ranges, indicating the distances to the nearest kilometre or nautical mile to the navigation aids;

    (j)    minimum en route altitudes and minimum obstacle clearance altitudes, on air transport services routes to the nearest higher 50 m or 100 ft in accordance with the Civil Aviation (Rules of the Air and Air Traffic Services) Regulations;

    (k)    communication facilities listed with their channels and, if applicable, logon address and satellite voice communications number; and

    (l)    air defence identification zone properly identified.

77.    Supplementary information

    An aeronautical cartographic service provider shall ensure that—

    (a)    details of departure and arrival routes and associated holding patterns in terminal areas are shown unless they are shown on an Area Chart, a Standard Departure Chart – Instrument or a Standard Arrival Chart – Instrument; and

    (b)    altimeter setting regions are shown and identified where established.

PART VIII
Area Chart (regs 78-89)

78.    Function

    An aeronautical cartographic service provider shall ensure that an Area Chart provides the flight crew with information to facilitate the following phases of instrument flight—

    (a)    the transition between the en route phase and approach to an aerodrome;

    (b)    the transition between take-off or missed approach and en route phase of flight; and

    (c)    flights through areas of complex air traffic services routes or airspace structure.

79.    Availability

    An aeronautical cartographic service provider shall ensure that—

    (a)    the Area Chart is made available in the manner specified in regulation 5(b) where the air traffic services routes or position reporting requirements are complex and cannot be adequately shown on an En route Chart; and

    (b)    separate charts are provided where air traffic services routes or position reporting requirements are different for arrivals and for departures, and cannot be shown with sufficient clarity on one chart.

80.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    coverage of each Area Chart extends to points that effectively show departure and arrival routes; and

    (b)    the Area Chart is drawn to scale and a scale-bar is shown.

81.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used;

    (b)    parallels and meridians are shown at suitable intervals; and

    (c)    graduation marks are placed at consistent intervals along the neat lines, as appropriate.

82.    Identification

    An Area Chart shall be identified by a name associated with the airspace portrayed.

83.    Culture and topography

    An aeronautical cartographic service provider shall ensure that—

    (a)    generalised shorelines of open water areas, large lakes and rivers are shown except where they conflict with data more applicable to the function of the charts;

    (b)    relief exceeding 300 m (1 000 ft) above the elevation of the primary aerodrome is shown by smoothed contour lines, contour values and layer tints printed in brown, in areas where significant relief exists; and

    (c)    appropriate spot elevations, including the highest elevation within each top contour line, are shown printed in black and obstacles shown.

84.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the average Magnetic variation of the area covered by the chart is shown to the nearest degree.

85.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials—

        (i)    are magnetic, and

        (ii)    are shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments,

        (iii)    where given with reference to True North or Grid North, this is clearly indicated; and

    (b)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

86.    Aerodromes

    An aeronautical cartographic service provider shall ensure that aerodromes which affect the terminal routings are shown and where appropriate, a runway pattern symbol is used.

87.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that prohibited, restricted and danger areas are depicted with their identification and vertical limits.

88.    Area minimum altitudes

    An aeronautical cartographic service provider shall ensure that the area minimum altitudes are shown within quadrilaterals formed by the parallels and meridians.

89.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that—

    (a)    components of the established relevant air traffic services system are shown;

    (b)    components referred to in paragraph (a) include the following—

        (i)    the radio navigation aids associated with the air traffic services system, together with their names, identifications, frequencies and geographical co-ordinates in degrees, minutes and seconds,

        (ii)    the elevation of the transmitting antenna of the distance measuring equipment to the nearest 30 m (100 ft),

        (iii)    terminal radio aids which are required for outbound and inbound traffic and for holding patterns,

        (iv)    the lateral and vertical limits of designated airspace and the appropriate class of airspace,

        (v)    the designation of the navigation specification including any limitations, where established,

        (vi)    holding patterns and terminal routings, together with the route designators, and the track to the nearest degree along each segment of the prescribed airways and terminal routings,

        (vii)    significant points which define the terminal routings and are not marked by the position of a radio navigation aid, together with their name-codes and geographical co-ordinates in degrees, minutes and seconds,

        (viii)    in respect of waypoints defining VOR or distance measuring equipment area navigation routes, additionally, the station identification and radio frequency of the reference VOR or distance measuring equipment and the bearing to the nearest tenth of a degree and the distance to the nearest two-tenths of a kilometre (tenth of a nautical mile) from the reference VOR or distance measuring equipment, if the waypoint is not collocated with it,

        (ix)    an indication of compulsory and "on-request" reporting points,

        (x)    the distances to the nearest kilometre or nautical mile between significant points constituting turning points or reporting points,

        (xi)    change-over points on route segments defined by reference to Very High Frequency Omni Directional Radio Ranges, indicating the distances to the nearest kilometre or nautical mile to the radio navigation aids,

        (xii)    minimum en route altitudes and minimum obstacle clearance altitudes, on air traffic services routes to the nearest higher 50 m or 100 ft,

        (xiii)    established minimum vectoring altitudes to the nearest higher 50 m or 100 ft, clearly identified,

        (xiv)    area speed and level or altitude restrictions where established,

        (xv)    communication facilities listed with their channels and, if applicable, logon address and satellite voice communications number, and

        (xvi)    an indication of "flyover" significant points.

PART IX
Standard Departure Chart – Instrument (SID) (regs 90-102)

90.    Function

    An aeronautical cartographic service provider shall ensure that the Standard Departure Chart – Instrument provides the flight crew with information to enable it to comply with the designated standard departure route instrument from take-off phase to the en route phase.

91.    Availability

    An aeronautical cartographic service provider shall ensure that the Standard Departure Chart – Instrument is made available wherever standard departure route – instrument has been established and cannot be shown with sufficient clarity on the Area Chart.

92.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage of the Standard Departure Chart – Instrument is sufficient to indicate the point where the departure route begins and the specified significant point at which the en route phase of flight along a designated air traffic services route can be commenced;

    (b)    the Standard Departure Chart – Instrument is drawn to scale and a scale-bar is shown; and

    (c)    the symbol for scale break is used on tracks and other aspects of the chart which are too large to be drawn to scale.

93.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used;

    (b)    when the Standard Departure Chart – Instrument is drawn to scale, parallels and meridians are shown at suitable intervals; and

    (c)    graduation marks are placed at consistent intervals along the neat lines.

94.    Identification

    An aeronautical cartographic service provider shall ensure that the Standard Departure Chart – Instrument is identified by the—

    (a)    name of the city or town or area which the aerodrome serves;

    (b)    name of the aerodrome;

    (c)    identification of the standard departure route(s) – instrument as established in accordance with the Procedures for Air Navigation Services – Aircraft Operations (PANS-OPS, Doc 8168), Volume II, Part I, Section 3, Chapter 5.

95.    Culture and topography

    An aeronautical cartographic service provider shall ensure that—

    (a)    generalised shorelines of open water areas, large lakes and rivers are shown where the chart is drawn to scale except where they conflict with data more applicable to the function of the chart;

    (b)    in areas where significant relief exists, the Standard Departure Chart – Instrument is drawn to scale and relief exceeding 300 m (1 000 ft) above the aerodrome elevation is shown by smoothed contour lines, contour values and layer tints printed in brown;

    (c)    appropriate spot elevations, including the highest elevation within each top contour line, are shown printed in black; and

    (d)    obstacles are also shown.

96.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the Magnetic variation used in determining the magnetic bearings, tracks and radials is shown to the nearest degree.

97.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials—

        (i)    are magnetic,

        (ii)    are shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments, and

        (iii)    where given with reference to True North or Grid North, this is clearly indicated; and

    (b)    where Grid North is used, its reference grid meridian is identified.

Aeronautical data

98.    Aerodromes

    An aeronautical cartographic service provider shall ensure that—

    (a)    the aerodrome of departure is shown by the runway pattern; and

    (b)    aerodromes which affect the designated standard departure route – instrument are shown and identified and where appropriate, the aerodrome runway patterns are shown.

99.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the prohibited, restricted and danger areas which may affect the execution of the procedures are shown with their identification and vertical limits.

100.    Minimum sector altitude

    An aeronautical cartographic service provider shall ensure that—

    (a)    established minimum sector altitude is shown with a clear indication of the sector to which minimum sector altitude applies;

    (b)    Standard Departure Chart – Instrument is drawn to scale and area minimum altitudes are shown within quadrilaterals formed by the parallels and meridians; and

    (c)    area minimum altitudes are shown in those parts of the Standard Departure Chart – Instrument not covered by the minimum sector altitude where the minimum sector altitude has not been established.

101.    Air traffic services system

    (1) An aeronautical cartographic service provider shall ensure that components of the established relevant air traffic services system are shown.

    (2) Components of the established relevant air traffic services system shall comprise of the following—

    (a)    a graphic portrayal of each standard departure route – instrument, including—

        (i)    for departure procedures designed specifically for helicopters, the term "CAT H" shall be depicted in the departure chart plan view,

        (ii)    route designator,

        (iii)    significant points defining the route,

        (iv)    track or radial to the nearest degree along each segment of the route,

        (v)    distances to the nearest kilometre or nautical mile between significant points,

        (vi)    minimum obstacle clearance altitudes, along the route or route segments and altitudes required by the procedure to the nearest higher 50 m or 100 ft and flight level restrictions where established,

        (vii)    where the chart is drawn to scale and vectoring on departure is provided, established minimum vectoring altitudes to the nearest higher 50 m or 100 ft clearly identified;

    (b)    the radio navigation aid associated with the route including—

        (i)    plain language name,

        (ii)    identification,

        (iii)    frequency,

        (iv)    geographical co-ordinates in degrees, minutes and seconds, and

        (v)    for distance measuring equipment, the channel and the elevation of the transmitting antenna of the distance measuring equipment to the nearest 30 m (100 ft);

    (c)    the name-codes of the significant points not marked by the position of a radio navigation aid, their geographical co-ordinates in degrees, minutes and seconds and the bearing to the nearest tenth of a degree and distance to the nearest two-tenths of a kilometre (tenth of a nautical mile) from the reference radio navigation aid;

    (d)    applicable holding patterns;

    (e)    transition altitude or height to the nearest higher 300 m or 1 000 ft;

    (f)    the position and height of close-in obstacles which penetrate the obstacle identification surface, and a note shall be included whenever close-in obstacles penetrating the obstacle identification surface exist but which were not considered for the published procedure design gradient;

    (g)    area speed restrictions, where established;

    (h)    the designation of the navigation specification(s) including any limitations, where established;

    (i)    compulsory and "on-request" reporting points;

    (j)    radio communication procedures, including—

        (i)    call sign of air traffic services unit,

        (ii)    frequency and if applicable, satellite voice communications number, and

        (iii)    transponder setting, where appropriate;

    (k)    an indication of "flyover" significant points; and

    (l)    a textual description of standard departure route(s) – instrument and relevant communication failure procedures are provided and whenever feasible, be shown on the chart or on the same page which contains the chart.

102.    Aeronautical database requirements

    An aeronautical cartographic service provider shall ensure that the appropriate data to support navigation database coding is published in accordance with the Procedures for Air Navigation Services – Aircraft Operations, Document 8168, Volume II, Part III, Section 5, Chapter 2, 2.1, on the reverse of the chart or as a separate, properly referenced sheet.

PART X
Standard Arrival Chart – Instrument (STAR) (regs 103-115)

103.    Function

    An aeronautical cartographic service provider shall ensure that the Standard Arrival Chart – Instrument provides the flight crew with information to enable the flight crew to comply with the designated standard arrival route instrument from the en route phase to the approach phase.

104.    Availability

    An aeronautical cartographic service provider shall ensure that the Standard Arrival Chart – Instrument is made available wherever a standard arrival route – instrument has been established and cannot be shown with sufficient clarity on the Area Chart.

105.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage of the Standard Arrival Chart – Instrument is sufficient to indicate the points where the en route phase ends and the approach phase begins;

    (b)    the Standard Arrival Chart – Instrument is drawn to scale and a scale-bar is shown; and

    (c)    the symbol for scale break is used on tracks and other aspects of the Standard Arrival Chart – Instrument which are too large to be drawn to scale.

106.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    the graduation marks are placed at consistent intervals along the neat lines;

    (b)    a conformal projection on which a straight line approximates a great circle is used; and

    (c)    when the Standard Arrival Chart – Instrument is drawn to scale, parallels and meridians are shown at suitable intervals.

107.    Identification

    An aeronautical cartographic service provider shall ensure that the Standard Arrival Chart – Instrument is identified by the—

    (a)    name of the city or town or area which the aerodrome serves;

    (b)    name of the aerodrome; and

    (c)    identification of the standard arrival route(s) – instrument as established in accordance with the Procedures for Air Navigation Services – Aircraft Operations Document 8168, Volume II, Part I, Section 4, Chapter 2.

108.    Culture and topography

    An aeronautical cartographic service provider shall ensure that—

    (a)    generalised shorelines of open water areas, large lakes and rivers are shown where the chart is drawn to scale, except where they conflict with data more applicable to the function of the chart;

    (b)    areas where significant relief exists, the chart to be drawn to scale and all relief exceeding 300 m (1 000 ft) above the aerodrome elevation to be shown by smoothed contour lines, contour values and layer tints printed in brown;

    (c)    appropriate spot elevations, including the highest elevation within each top contour line, should be shown printed in black; and

    (d)    obstacles also are shown.

109.    Magnetic variation

    The Magnetic variation used in determining the magnetic bearings, tracks and radials shall be shown to the nearest degree.

110.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials—

        (i)    are magnetic, and

        (ii)    are shown in parentheses to the nearest tenth of a degree where they are provided additionally as true values for area navigation segments,

        (iii)    where given with reference to True North or Grid North, this is clearly indicated; and

    (b)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

111.    Aerodromes

    An aeronautical cartographic service provider shall ensure that—

    (a)    the aerodrome of landing is shown by the runway pattern; and

    (b)    aerodromes which affect the designated standard arrival route – instrument are shown and identified and where appropriate, the aerodrome runway patterns are shown.

112.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the prohibited, restricted and danger areas which may affect the execution of the procedures are shown with their identification and vertical limits.

113.    Minimum sector altitude

    An aeronautical cartographic service provider shall ensure that—

    (a)    established minimum sector altitude is shown with a clear indication of the sector to which the minimum sector altitude applies;

    (b)    Standard Arrival Chart – Instrument is drawn to scale and area minimum altitudes are shown within quadrilaterals formed by the parallels and meridians where the minimum sector altitude has not been established; and

    (c)    area minimum altitudes are shown in those parts of the chart not covered by the minimum sector altitude.

114.    Air traffic services system

    (1) An aeronautical cartographic service provider shall ensure that components of the established relevant air traffic services system shall be shown.

    (2) Components of the established relevant air traffic services system shall comprise of the following—

    (a)    graphic portrayal of each standard arrival route – instrument, including—

        (i)    route designator,

        (ii)    significant points defining the route,

        (iii)    track or radial to the nearest degree along each segment of the route,

        (iv)    distances to the nearest kilometre or nautical mile between significant points,

        (v)    minimum obstacle clearance altitudes, along the route or route segments and altitudes required by the procedure to the nearest higher 50 m or 100 ft and flight level restrictions where established,

        (vi)    where the chart is drawn to scale and vectoring on arrival is provided, established minimum vectoring altitudes to the nearest higher 50 m or 100 ft, clearly identified;

    (b)    the radio navigation aid associated with the route including—

        (i)    plain language name,

        (ii)    identification,

        (iii)    frequency,

        (iv)    geographical co-ordinates in degrees, minutes and seconds,

        (v)    for distance measuring equipment, the channel and the elevation of the transmitting antenna of the distance measuring equipment to the nearest 30 m (100 ft);

    (c)    the name-codes of the significant points not marked by the position of a radio navigation aid, their geographical co-ordinates in degrees, minutes and seconds and the bearing to the nearest tenth of a degree and distance to the nearest two-tenths of a kilometre (tenth of a nautical mile) from the reference radio navigation aid;

    (d)    applicable holding patterns;

    (e)    transition altitude or height to the nearest higher 300 m or 1 000 ft;

    (f)    area speed restrictions, where established;

    (g)    the designation of the navigation specification including any limitations, where established;

    (h)    compulsory and "on-request" reporting points;

    (i)    radio communication procedures, including—

        (i)    call sign of air traffic services unit,

        (ii)    frequency and if applicable, satellite voice communications number, and

        (iii)    transponder setting, where appropriate;

    (j)    an indication of "flyover" significant waypoints;

    (k)    for arrival procedures to an instrument approach designed specifically for helicopters the term "CAT H" shall be depicted in the arrival chart plan view; and

    (l)    a textual description of standard arrival route(s) – instrument and relevant communication failure procedures are provided and whenever feasible, be shown on the chart or on the same page which contains the chart.

115.    Aeronautical database requirements

    An aeronautical cartographic service provider shall ensure that appropriate data to support navigation database coding is published in accordance with the Procedures for Air Navigation Services – Aircraft Operations Document 8168, Volume II, Part III, on the reverse of the chart or as a separate, properly referenced sheet.

PART XI
Instrument Approach Chart (regs 116-133)

116.    Function

    An aeronautical cartographic service provider shall ensure that the Instrument Approach Chart provides flight crews with information which will enable the flight crew to perform an approved instrument approach procedure to the runway of intended landing including the missed approach procedure and, where applicable, associated holding patterns.

117.    Availability

    An aeronautical cartographic service provider shall ensure that—

    (a)    the Instrument Approach Charts are made available for aerodromes used by international civil aviation where instrument approach procedures have been established by the Authority;

    (b)    a separate Instrument Approach Chart is provided for each precision approach procedure established by the Authority;

    (c)    a separate Instrument Approach Chart is provided for each non-precision approach procedure established by the Authority;

    (d)    more than one chart is provided when the values for track, time or altitude differ between categories of aircraft on other than the final approach segment of the instrument approach procedures and the listing of these differences on a single chart could cause clutter or confusion; and

    (e)    the Instrument Approach Chart are revised whenever information essential to safe operation becomes out of date.

118.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage of the Instrument Approach Chart is sufficient to include all segments of the instrument approach procedure and such additional areas as may be necessary for the type of approach intended;

    (b)    the scale selected ensures optimum legibility consistent with—

        (i)    the procedure shown on the chart, and

        (ii)    sheet size;

    (c)    a scale indication is given;

    (d)    a distance circle with a radius of 20 km (10 NM) centred on a distance measuring equipment located on or close to the aerodrome, or on the aerodrome reference point where no suitable distance measuring equipment is available, is shown and the radius of the distance measuring equipment indicated on the circumference, except where this is not practicable; and

    (e)    a distance scale is shown directly below the profile.

119.    Format

    An aeronautical cartographic service provider shall ensure that the sheet size is 210 x 297 mm (8.27 x 11.69 inches) (A4).

120.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used; and

    (b)    graduation marks are placed at consistent intervals along the neat lines.

121.    Identification

    An aeronautical cartographic service provider shall ensure that the Instrument Approach Chart is identified by the—

    (a)    name of the city or town or area which the aerodrome serves;

    (b)    name of the aerodrome; and

    (c)    identification of the instrument approach procedure as established in accordance with the Procedures for Air Navigation Services – Aircraft Operations Document 8168, Volume II, Part I, Section 4, Chapter 9.

122.    Culture and topography

    An aeronautical cartographic service provider shall ensure that—

    (a)    culture and topographic information pertinent to the safe execution of the instrument approach procedure, including the missed approach procedure, associated holding procedures and visual manoeuvring (circling) procedure when established, is shown;

    (b)    topographic information is named, only when necessary, to facilitate the understanding of such information, and the minimum is delineation of land masses and significant lakes and rivers;

    (c)    relief is shown in a manner best suited to the particular elevation characteristics of the area;

    (d)    in areas where—

        (i)    relief exceeds 1 200 m (4 000 ft) above the aerodrome elevation within the coverage of the Instrument Approach Chart,

        (ii)    relief exceeds or 600 m (2 000 ft) within 11 km (6 NM) of the aerodrome reference point, or

        (iii)    when final approach or missed approach procedure gradient is steeper than optimal due to terrain,

all relief exceeding 150 m (500 ft) above the aerodrome elevation shall be shown by smoothed contour lines, contour values and layer tints printed in brown;

    (e)    appropriate spot elevations, including the highest elevation within each top contour line, is shown printed in black;

    (f)    in areas where relief is lower than specified in this regulation, all relief exceeding 150 m (500 ft) above the aerodrome elevation are shown by smoothed contour lines, contour values and layer tints printed in brown; and

    (g)    appropriate spot elevations, including the highest elevation within each top contour line, to be shown, printed in black.

123.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    Magnetic variation is shown; and

    (b)    the value of the variation, indicated to the nearest degree, agrees with that used in determining magnetic bearings, tracks and radials, when shown.

124.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials are magnetic;

    (b)    bearings and tracks are shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments;

    (c)    bearings, tracks or radials are clearly indicated where bearings, tracks or radials are given with reference to True North or Grid North; and

    (d)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

125.    Aerodromes

    An aeronautical cartographic service provider shall ensure that—

    (a)    aerodromes which show a distinctive pattern from the air are shown by the appropriate symbol and abandoned aerodromes are identified as abandoned;

    (b)    the runway pattern, at a scale sufficiently large to show it clearly is shown for—

        (i)    the aerodrome on which the procedure is based, and

        (ii)    aerodromes affecting the traffic pattern or so situated as to be likely, under adverse weather conditions, to be mistaken for the aerodrome of intended landing;

    (c)    the aerodrome elevation is shown to the nearest foot in a prominent position on the chart; and

    (d)    the threshold elevation or, where applicable, the highest elevation of the touchdown zone is shown to the nearest metre or foot.

126.    Obstacles

    An aeronautical cartographic service provider shall ensure that—

    (a)    obstacles are shown on the plan view of the Instrument Approach Chart;

    (b)    obstacles are identified if one or more obstacles are the determining factor of an obstacle clearance altitude or height;

    (c)    the elevation of the top of obstacles are shown to the nearest metre or foot;

    (d)    the heights of obstacles above a datum other than mean sea level are shown and, are given in parentheses on the chart when shown;

    (e)    the datum is the aerodrome elevation when the heights of obstacles above a datum other than mean sea level are shown, except that, at aerodromes having an instrument runway with a threshold elevation more than 2 m (7 ft) below the aerodrome elevation, the chart datum shall be the threshold elevation of the runway to which the instrument approach is related;

    (f)    the datum is stated in a prominent position on the Instrument Approach Chart, where a datum other than mean sea level is used;

    (g)    the obstacle free zone is indicated, where an obstacle free zone has not been established for a precision approach runway Category I; and

    (h)    obstacles that penetrate the visual segment surface are be identified on the chart.

127.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that prohibited areas, restricted areas, and danger areas which may affect the execution of the procedures are shown with their identification and vertical limits.

128.    Radio communication facilities and navigation aids

    An aeronautical cartographic service provider shall ensure that—

    (a)    radio navigation aids required for the procedures together with their frequencies, identifications and track-defining characteristics, if any, are shown;

    (b)    the facility to be used for track guidance for final approach is clearly identified in the case of a procedure in which more than one station is located on the final approach track;

    (c)    consideration is given to the elimination from the Instrument Approach Chart of those facilities that are not used by the procedure;

    (d)    the initial approach fix, the intermediate approach fix, the final approach fix or final approach point for an ILS approach procedure, the missed approach point, where established, and other essential fixes or points comprising the procedure are shown and identified;

    (e)    the final approach fix or final approach point for an ILS approach procedure are identified with its geographical co-ordinates in degrees, minutes and seconds;

    (f)    radio navigation aids that might be used in diversionary procedures together with their track-defining characteristics, if any, are shown or indicated on the Instrument Approach Chart;

    (g)    radio communication frequencies, including call signs that are required for the execution of the procedures are shown;

    (h)    the distance to the aerodrome from each radio navigation aid concerned with the final approach is shown to the nearest kilometre or nautical mile when required by the procedures; and

    (i)    the bearing is also being shown to the nearest degree when no track-defining aid indicates the bearing of the aerodrome.

129.    Minimum sector altitude or terminal arrival altitude

    An aeronautical cartographic service provider shall ensure that the minimum sector altitude or terminal arrival altitude established is shown, with a clear indication of the sector to which the minimum sector altitude or terminal arrival altitude applies.

130.    Portrayal of procedure tracks

    An aeronautical cartographic service provider shall ensure that—

    (a)    plan view shows the following information in the manner indicated—

        (i)    the approach procedure track by an arrowed continuous line indicating the direction of flight,

        (ii)    the missed approach procedure track by an arrowed broken line,

        (iii)    any additional procedure track, other than those specified in subparagraphs (i) and (ii), by an arrowed dotted line,

        (iv)    bearings, tracks, radials to the nearest degree and distances to the nearest two-tenths of a kilometre or tenth of a nautical mile or times required for the procedure,

        (v)    where no track-defining aid is available, the magnetic bearing to the nearest degree to the aerodrome from the radio navigation aids concerned with the final approach,

        (vi)    the boundaries of any sector in which visual manoeuvring is prohibited,

        (vii)    where specified, the holding pattern and minimum holding altitude or height associated with the approach and missed approach,

        (viii)    caution notes where required, prominently displayed on the face of the chart, and

        (ix)    an indication of "flyover" significant points;

    (b)    plan view shows the distance to the aerodrome from each radio navigation aid concerned with the final approach;

    (c)    a profile is provided normally below the plan view showing the following data—

        (i)    the aerodrome by a solid block at aerodrome elevation,

        (ii)    the profile of the approach procedure segments by an arrowed continuous line indicating the direction of flight,

        (iii)    the profile of the missed approach procedure segment by an arrowed broken line and a description of the procedure,

        (iv)    the profile of any additional procedure segment, other than those specified in subparagraphs (ii) and (iii), by an arrowed dotted line,

        (v)    bearings, tracks, radials to the nearest degree and distances to the nearest two-tenths of a kilometre or tenth of a nautical mile or times required for the procedure,

        (vi)    altitudes or heights required by the procedures, including transition altitude and procedure altitudes or heights, and heliport crossing height where established,

        (vii)    limiting distance to the nearest kilometre or nautical mile on procedure turn, when specified,

        (viii)    the intermediate approach fix or point, on procedures where no course reversal is authorised, and

        (ix)    a line representing the aerodrome elevation or threshold elevation, as appropriate, extended across the width of the chart including a distance scale with its origin at the runway threshold;

    (d)    heights required by procedures are shown in parentheses, using the height datum selected in accordance with regulation 126; and

    (e)    profile view includes a ground profile or a minimum altitude or height portrayal as follows—

        (i)    a ground profile shown by a solid line depicting the highest elevations of the relief occurring within the primary area of the final approach segment, with the highest elevations of the relief occurring in the secondary areas of the final approach segment shown by a dashed line, or

        (ii)    minimum altitudes or heights in the intermediate and final approach segments indicated within bounded shaded blocks.

131.    Aerodrome operating minima

    An aeronautical cartographic service provider shall ensure that—

    (a)    aerodrome operating minima when established by the Authority is shown;

    (b)    obstacle clearance altitudes or heights for the aircraft categories for which the procedure is designed are shown; and

    (c)    for precision approach procedures, the obstacle clearance altitudes or heights for Category DL aircraft of wing span between 65 m and 80 m and vertical distance between the flight path of the wheels and the glide path antenna between 7 m and 8 m is published, when necessary.

132.    Supplementary cartographic

    An aeronautical cartographic service provider shall ensure that—

    (a)    where the missed approach point is defined by—

        (i)    a distance from the final approach fix is shown, or

        (ii)    a facility or a fix and the corresponding distance from the final approach fix,

the distance to the nearest two-tenths of a kilometre or tenth of a nautical mile and a table showing ground speeds and times from the final approach fix to the missed approach point is shown;

    (b)    a table showing altitudes or heights for each 2 km or 1 NM is shown as appropriate when distance measuring equipment is required for use in the final approach segment;

    (c)    the table does not include distances which would correspond to altitudes or heights below the obstacle clearance altitudes or heights;

    (d)    a table showing the altitudes or heights is included for procedures in which distance measuring equipment is not required for use in the final approach segment but where a suitably located distance measuring equipment is available to provide advisory descent profile cartographic;

    (e)    a rate of descent table is shown;

    (f)    the final approach descent gradient to the nearest one-tenth of a per cent and, in parentheses, descent angle to the nearest one-tenth of a degree is shown for non-precision approach procedures with a final approach fix;

    (g)    the reference datum height to the nearest half metre or foot and the glide path or elevation or vertical path angle to the nearest one-tenth of a degree is shown for precision approach procedures and approach procedures with vertical guidance;

    (h)    a clear indication is given whether it applies to the ILS, the associated ILS localiser only procedure, or both when a final approach fix is specified at the final approach point for ILS;

    (i)    in the case of mean sea level, a clear indication is given when a final approach fix has been specified at the final approach point; and

    (j)    a cautionary note is included, if the final approach descent gradient or angle for any type of instrument approach procedure exceeds the maximum value specified in the Procedures for Air Navigation Services – Aircraft Document 8168 Volume II, Part I, Section 4, Chapter 5.

133.    Aeronautical database requirements

    An aeronautical cartographic service provider shall ensure that appropriate data to support navigation database coding is published in accordance with the Procedures for Air Navigation Services – Aircraft Operations Document 8168 Volume II, Part I, Section 4, Chapter 9, for non-RNAV procedures, on the reverse of the Instrument Approach Chart or as a separate, properly referenced sheet.

PART XII
Visual Approach Chart (regs 134-148)

134.    Function

    An aeronautical cartographic service provider shall ensure that the Visual Approach Chart provides flight crews with information which will enable the flight crew to transit from the en route or descent to approach phases of flight to the runway of intended landing by means of visual reference.

135.    Availability

    An aeronautical cartographic service provider shall ensure that the Visual Approach Chart is made available in the manner specified in regulation 5(b) for aerodromes used by international civil aviation where—

    (a)    limited navigation facilities are available; or

    (b)    radio communication facilities are not available; or

    (c)    no adequate aeronautical charts of the aerodrome and its surroundings at 1:500 000 or greater scale are available; or

    (d)    visual approach procedures have been established.

136.    Scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the scale used for the Visual Approach Chart is sufficiently large to permit depiction of significant features and indication of the aerodrome layout;

    (b)    the scale is not smaller than 1:500 000; and

    (c)    when an Instrument Approach Chart is available for a given aerodrome, the Visual Approach Chart is drawn to the same scale.

137.    Format

    An aeronautical cartographic service provider shall ensure that the basic sheet size is 210 x 297 mm (8.27 x 11.69 inches) (A4).

138.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used; and

    (b)    graduation marks are placed at consistent intervals along the neat lines.

139.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the—

    (a)    name of the city or town which the aerodrome serves; and

    (b)    the name of the aerodrome.

140.    Culture and topography

    An aeronautical cartographic service provider shall ensure that the—

    (a)    natural and cultural landmarks are shown;

    (b)    geographical place names are included only when they are required to avoid confusion or ambiguity;

    (c)    shorelines, lakes, rivers and streams are shown;

    (d)    relief is shown in a manner best suited to the particular elevation and obstacle characteristics of the area covered by the Visual Approach Chart;

    (e)    spot elevations are carefully selected when shown; and

    (f)    figures relating to different reference levels are clearly differentiated in their presentation.

141.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the Magnetic variation is shown.

142.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials are magnetic;

    (b)    bearings and tracks are shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments;

    (c)    bearings, tracks or radials are clearly indicated where bearings, tracks or radials are given with reference to True North or Grid North; and

    (d)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

143.    Aerodromes

    An aeronautical cartographic service provider shall ensure that—

    (a)    aerodromes are shown by the runway pattern;

    (b)    the restrictions on the use of any landing direction is indicated;

    (c)    where there is any risk of confusion between two neighbouring aerodromes, this is indicated;

    (d)    abandoned aerodromes are identified as abandoned; and

    (e)    the aerodrome elevation is shown in a prominent position on the Visual Approach Chart.

144.    Obstacles

    An aeronautical cartographic service provider shall ensure that the—

    (a)    obstacles are shown and identified;

    (b)    elevation of the top of obstacles is shown to the nearest next higher metre or foot;

    (c)    heights of obstacles above the aerodrome elevation are shown; and

    (d)    height datum is stated in a prominent position on the chart and the heights are given in parentheses on the chart, when the heights of obstacles are shown.

145.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the prohibited areas, restricted areas, and danger areas are depicted with their identification and vertical limits.

146.    Designated airspace

    An aeronautical cartographic service provider shall ensure that the control zones and aerodrome traffic zones are depicted with their vertical limits and the appropriate class of airspace, where applicable.

147.    Visual approach information

    An aeronautical cartographic service provider shall ensure that the—

    (a)    visual approach procedures are shown, where applicable;

    (b)    visual aids for navigation are shown as appropriate; and

    (c)    location and type of the visual approach slope indicator systems with their nominal approach slope angle, minimum eye height over the threshold of the on-slope signal and where the axis of the system is not parallel to the runway centre line, the angle and direction of displacement, either left or right, are shown.

148.    Supplementary information

    An aeronautical cartographic service provider shall ensure that the—

    (a)    radio navigation aids together with their frequencies and identifications are shown as appropriate; and

    (b)    radio communication facilities with their frequencies are shown as appropriate.

PART XIII
Aerodrome or Heliport Chart (regs 149-154)

149.    Function

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Aerodrome or Heliport Chart provides flight crews with information to facilitate the ground movement of aircraft from the—

        (i)    aircraft stand to the runway, and

        (ii)    runway to the aircraft stand;

    (b)    Aerodrome or Heliport Chart provides flight crews with information to facilitate the helicopter movement—

        (i)    from the helicopter stand to the touchdown and lift-off area and to the final approach and take-off area,

        (ii)    from the final approach and take-off area to the touchdown and lift-off area and to the helicopter stand,

        (iii)    along helicopter ground and air taxiways, and

        (iv)    along air transit routes; and

    (c)    Aerodrome or Heliport Chart provides essential operational information at the aerodrome or heliport.

150.    Availability

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Aerodrome or Heliport Chart is made available in the manner specified in Civil Aviation (Aerodromes) Regulations for aerodromes or heliports regularly used by international civil aviation; and

    (b)    Aerodrome or Heliport Chart is made available in the manner specified in regulation 5(b) of these Regulations.

151.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage and scale of the Aerodrome or Heliport Chart are sufficiently large to show clearly the elements listed in regulation 154; and

    (b)    a linear scale is shown.

152.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the—

    (a)    name of the city or town or area which the aerodrome or heliport serves; and

    (b)    name of the aerodrome or heliport.

153.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the True and Magnetic North arrows and Magnetic variation to the nearest degree and annual change of the Magnetic variation are shown.

154.    Aerodrome or heliport data

    (1) An aeronautical cartographic service provider shall ensure that an Aerodrome or Heliport Chart shows—

    (a)    geographical co-ordinates in degrees, minutes and seconds for the aerodrome or heliport reference point;

    (b)    elevations, to the nearest metre or foot, of the aerodrome or heliport and apron, altimeter checkpoint locations, where applicable, and for non-precision approaches, elevations and geoid undulations of runway thresholds and the geometric centre of the touchdown and lift-off area;

    (c)    elevations and geoid undulations, to the nearest half-metre or foot, of the precision approach runway threshold, the geometric centre of the touchdown and lift-off area, and at the highest elevation of the touchdown zone of a precision approach runway;

    (d)    runways including those under construction with designation number, length and width to the nearest metre, bearing strength, displaced thresholds, stopways, clearways, runway directions to the nearest degree magnetic, type of surface and runway markings;

    (e)    all aprons, with aircraft or helicopter stands, lighting, markings and other visual guidance and control aids, where applicable, including location and type of visual docking guidance systems, type of surface for heliports, and bearing strengths or aircraft type restrictions where the bearing strength is less than that of the associated runways;

    (f)    geographical co-ordinates in degrees, minutes and seconds for thresholds, geometric centre of touchdown and lift-off area and/or thresholds of the final approach and take-off area, where appropriate;

    (g)    taxiways, helicopter air and ground taxiways with type of surface, helicopter air transit routes, with designations, width, lighting, markings, including runway-holding positions and, where established, intermediate holding positions, stop bars, other visual guidance and control aids, and bearing strength or aircraft type restrictions where the bearing strength is less than that of the associated runways;

    (h)    where established, hot spot locations with additional information properly annotated;

    (i)    geographical co-ordinates in degrees, minutes, seconds and hundredths of seconds for appropriate taxiway centre line points and aircraft stands;

    (j)    where established, standard routes for taxiing aircraft with their designators;

    (k)    the boundaries of the air traffic control service;

    (l)    position of runway visual range observation sites;

    (m)    approach and runway lighting;

    (n)    location and type of the visual approach slope indicator systems with their nominal approach slope angle, minimum eye height over the threshold of the on-slope signal, and where the axis of the system is not parallel to the runway centre line, the angle and direction of the displacement;

    (o)    relevant communication facilities listed with their channels and, if applicable, logon address;

    (p)    obstacles to taxiing;

    (q)    aircraft servicing areas and buildings of operational significance;

    (r)    VOR checkpoint and radio frequency of the aid concerned; and

    (s)    any part of the depicted movement area permanently unsuitable for aircraft, clearly identified as such.

    (2) An aeronautical cartographic service provider shall, in addition to the items specified in subregulation (1), ensure that the chart shows in relation to heliports—

    (a)    heliport type;

    (b)    touchdown and lift-off area including dimensions to the nearest metre, slope, type of surface and bearing strength in tonnes;

    (c)    final approach and take-off area including type, true bearing to the nearest degree, designation number, where appropriate, length and width to the nearest metre, slope and type of surface;

    (d)    safety area including length, width and type of surface;

    (e)    helicopter clearway including length and ground profile;

    (f)    obstacles including type and elevation of the top of the obstacles to the nearest, next higher, metre or foot;

    (g)    visual aids for approach procedures, marking and lighting of final approach and take-off area, and of touchdown and lift-off area; and

    (h)    declared distances to the nearest metre for heliports, where relevant, including—

        (i)    take-off distance available,

        (ii)    rejected take-off distance available, and

        (iii)    landing distance available.

PART XIV
Aerodrome Ground Movement Chart (regs 155-160)

155.    Function

    An aeronautical cartographic service provider shall ensure that the Aerodrome Ground Movement Chart provides flight crews with detailed information to facilitate the ground movement of aircraft to and from the aircraft stands and the parking or docking of aircraft.

156.    Availability

    An aeronautical cartographic service provider shall ensure that the Aerodrome Ground Movement Chart is made available in the manner specified in regulation 5(b) where, due to congestion of information, details necessary for the ground movement of aircraft along the taxiways to and from the aircraft stands cannot be shown with sufficient clarity on the Aerodrome or Heliport Chart.

157.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage and scale are sufficiently large to show clearly the elements specified in regulation 160; and

    (b)    a linear scale is shown.

158.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the—

    (a)    name of the city or town or area which the aerodrome serves; and

    (b)    name of the aerodrome.

159.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    a True North arrow is shown; and

    (b)    Magnetic variation to the nearest degree and its annual change are shown.

160.    Aerodrome data

    An aeronautical cartographic service provider shall ensure that the Aerodrome Ground Movement Chart shows in a similar manner, the information on the Aerodrome or Heliport Chart relevant to the area depicted, including—

    (a)    apron elevation to the nearest metre or foot;

    (b)    aprons with aircraft stands, bearing strengths or aircraft type restrictions, lighting, marking and other visual guidance and control aids, where applicable, including location and type of visual docking guidance systems;

    (c)    geographical co-ordinates in degrees, minutes, seconds and hundredths of seconds for aircraft stands;

    (d)    taxiways with designations, width to the nearest metre, bearing strength or aircraft type restrictions where applicable, lighting, markings, including runway-holding positions and, where established, intermediate holding positions, stop bars, and other visual guidance and control aids;

    (e)    where established, hot spot locations with additional information properly annotated;

    (f)    where established, standard routes for taxiing aircraft, with their designators;

    (g)    geographical co-ordinates in degrees, minutes, seconds and hundredths of seconds for appropriate taxiway centre line points;

    (h)    the boundaries of the air traffic control service;

    (i)    relevant communication facilities listed with their channels and, if applicable, logon address;

    (j)    obstacles to taxiing;

    (k)    aircraft servicing areas and buildings of operational significance;

    (l)    VOR checkpoint and radio frequency of the aid concerned; and

    (m)    any part of the depicted movement area permanently unsuitable for aircraft, clearly identified as such.

PART XV
Aircraft Parking or Docking Chart (regs 161-166)

161.    Function

    An aeronautical cartographic service provider shall ensure that the Aircraft Parking or Docking Chart provides flight crews with detailed information to facilitate the ground movement of aircraft between the taxiways and the aircraft stands and the parking or docking of aircraft.

162.    Availability

    An aeronautical cartographic service provider shall ensure that the Aircraft Parking or Docking Chart is made available in the manner prescribed regulation 5(b) where, due to the complexity of the terminal facilities, the information cannot be shown with sufficient clarity on the Aerodrome or Heliport Chart or on the Aerodrome Ground Movement Chart.

163.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the coverage and scale of the Aircraft Parking or Docking Chart is sufficiently large to show clearly the elements specified in regulation 166; and

    (b)    a linear scale is shown.

164.    Identification

    An aeronautical cartographic service provider shall ensure that the aircraft or docking chart is identified by the—

    (a)    name of the city or town or area which the aerodrome serves; and

    (b)    name of the aerodrome.

165.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    a True North arrow is shown; and

    (b)    Magnetic variation to the nearest degree and its annual change are shown.

166.    Aerodrome data

    An aeronautical cartographic service provider shall ensure that the chart shows in a similar manner the information on the Aerodrome or Heliport Chart and the Aerodrome Ground Movement Chart relevant to the area depicted, including—

    (a)    apron elevation to the nearest metre or foot;

    (b)    aprons with aircraft stands, bearing strengths or aircraft type restrictions, lighting, marking and other visual guidance and control aids, where applicable, including location and type of visual docking guidance systems;

    (c)    geographical co-ordinates in degrees, minutes, seconds and hundredths of seconds for aircraft stands;

    (d)    taxiway entries with designations, including runway-holding positions and, where established, intermediate holding positions, and stop bars;

    (e)    where established, hot spot locations with additional information properly annotated;

    (f)    geographical co-ordinates in degrees, minutes, seconds and hundredths of seconds for appropriate taxiway centre line points;

    (g)    the boundaries of the air traffic control service;

    (h)    relevant communication facilities listed with their channels and, if applicable, logon address;

    (i)    obstacles to taxiing;

    (j)    aircraft servicing areas and buildings of operational significance;

    (k)    VOR checkpoint and radio frequency of the aid concerned; and

    (l)    any part of the depicted movement area permanently unsuitable for aircraft, clearly identified as such.

PART XVI
World Aeronautical Chart – ICAO 1:1 000 000 (regs 167-193)

167.    Function

    An aeronautical cartographic service provider shall ensure that the World Aeronautical Chart – 1:1 000 000 provides information to satisfy the requirements of visual air navigation—

    (a)    as a basic aeronautical chart—

        (i)    when highly specialised charts lacking visual information do not provide essential data,

        (ii)    to provide complete world coverage at a constant scale with a uniform presentation of planimetric data, and

        (iii)    in the production of other charts required by international civil aviation; and

    (b)    as a pre-flight planning chart.

168.    Availability

    An aeronautical cartographic service provider shall ensure that the—

    (a)    World Aeronautical Chart – 1:1 000 000 is made available in the manner specified in regulation 5(b) for areas delineated in Schedule 5;

    (b)    selection of a scale other than 1:1 000 000 is determined by regional agreement to ensure complete coverage of land areas and adequate continuity in any one co-ordinated series.

169.    Scales

    An aeronautical cartographic service provider shall ensure that—

    (a)    the linear scales for kilometres and nautical miles arranged with their zero points in the same vertical line is shown in the margin in the following order—

        (i)    kilometres, and

        (ii)    nautical miles;

    (b)    the length of the linear scales represents at least 200 km (110 NM); and

    (c)    a conversion scale in metre or feet is shown in the margin.

170.    Format

    An aeronautical cartographic service provider shall ensure that—

    (a)    the title and marginal notes are in English;

    (b)    the information regarding the number of the adjoining sheets and the unit of measurement to express elevations is located as to be clearly visible when the sheet is folded;

    (c)    the sheet lines conform with those shown in the index in Schedule 5, whenever practicable;

    (d)    the sheet lines used are notified to the International Civil Aviation Organisation for publication in the International Civil Aviation Organisation’s Aeronautical Chart Catalogue;

    (e)    overlaps are provided by extending the chart area on the top and right side beyond the area given on the index;

    (f)    the overlap area contain aeronautical, topographical, hydrographical and cultural information; and

    (g)    the overlap extend up to 28 km (15 NM), if possible, but in any case from the limiting parallels and meridians of each chart to the neat line.

171.    Projection

    (1) An aeronautical cartographic service provider shall ensure that the lambert conformal conic projection is used, in separate bands for each tier of charts and the standard parallels for each 4? band is 40 south of the northern parallel and 40? north of the southern parallel.

    (2) The aeronautical cartographic service provider shall ensure that the graticules and graduations are shown as follows—

    (a)    Parallels—

Latitude

Distance between Parallels

Graduation on Parallels

0 to 72?

30’

1’

72? to 84?

30’

5’

84? to 89?

30’

1?

89? to 90?

30’

5?

 

 

(only on degree parallels from 72? to 89?)

    (b)    Meridians—

Latitude

Distance between Parallels

Graduation on Meridians

0 to 52?

30’

1’

52? to 72?

30’

1'

 

 

(Only on even numbered

 

 

meridians)

72? to 84?

10

1’

84? to 89?

50

1'

89? to 90?

15?

1'

 

 

(Only on every fourth meridian)

    (c)    the graduation marks at 1’ and 5’ intervals extend away from the Greenwich Meridian and from the Equator and each 10’ interval is shown by a mark on both sides of the graticule line;

    (d)    the length of the graduation marks are approximately 1.3 mm (0.05 in) for the 1’ intervals, and 2 mm (0.08 in) for the 5’ intervals and 2 mm (0.08 in) extending on both sides of the graticule line for the 10’ intervals;

    (e)    meridians and parallels shown are numbered in the borders of the chart;

    (f)    each parallel is numbered within the body of the chart in such a manner that the parallel can be readily identified when the chart is folded; and

    (g)    the name and basic parameters of the projection are indicated in the margin.

172.    Identification

    An aeronautical cartographic service provider shall ensure that sheet numbering is in conformity with the index in Schedule 5.

Culture and Topography

173.    Built-up areas

    An aeronautical cartographic service provider shall ensure that—

    (a)    the cities, towns and villages are selected and shown according to their relative importance to visual air navigation; and

    (b)    cities and towns of sufficient size are indicated by the outline of their built-up areas and not of their established city limits.

174.    Railroads

    An aeronautical cartographic service provider shall ensure that—

    (a)    railroads having landmark value are shown and named where space permits; and

    (b)    the important tunnels are shown.

175.    Highways and roads

    An aeronautical cartographic service provider shall ensure that the—

    (a)    road systems are shown in sufficient detail to indicate significant patterns from the air; and

    (b)    roads are not being shown in built-up areas unless they can be distinguished from the air as definite landmarks.

176.    Landmarks

    An aeronautical cartographic service provider shall ensure that the following natural and cultural landmarks, when considered to be of importance for visual air navigation, are shown—

    (a)    bridges;

    (b)    prominent transmission lines;

    (c)    permanent cable car installations;

    (d)    wind turbines;

    (e)    mine structures;

    (f)    forts;

    (g)    ruins;

    (h)    levees;

    (i)    pipelines;

    (j)    rocks;

    (k)    bluffs;

    (l)    cliffs;

    (m)    sand dunes;

    (n)    isolated lighthouses; and

    (o)    lightships.

177.    Political boundaries

    An aeronautical cartographic service provider shall ensure that international boundaries are shown and undemarcated and undefined boundaries are distinguished by descriptive notes.

178.    Hydrography

    An aeronautical cartographic service provider shall ensure that—

    (a)    water features compatible with the scale of the chart comprising shorelines, lakes, rivers and streams including those non-perennial in nature, salt lakes, glaciers and ice caps are shown;

    (b)    the tint covering large open water areas is kept very light; and

    (c)    reefs and shoals, including rocky ledges, tidal flats, isolated rocks, sand, gravel, stone and similar areas, are shown by symbols when of significant landmark value.

179.    Contours

    An aeronautical cartographic service provider shall ensure that the—

    (a)    contours are shown and the selection of intervals is governed by the requirement to depict clearly the relief features required in air navigation; and

    (b)    values of the contours used are shown.

180.    Hypsometric tints

    An aeronautical cartographic service provider shall ensure that the—

    (a)    range of elevations for the tints is shown when hypsometric tints are used; and

    (b)    scale of the hypsometric tints used on the chart is shown in the margin.

181.    Spot elevations

    An aeronautical cartographic service provider shall ensure that the—

    (a)    spot elevations are shown at selected critical points and the elevations selected are the highest in the immediate vicinity and indicate the top of a peak and ridge;

    (b)    elevations in valleys and at lake surface level which are of special value to the aviator are shown and the position of each selected elevation is indicated by a dot;

    (c)    elevation of the highest point on the chart and its geographical position to the nearest five minutes are indicated in the margin; and

    (d)    spot elevation of the highest point in any sheet is cleared of hypsometric tinting.

182.    Incomplete or unreliable relief

    An aeronautical cartographic service provider shall ensure that the—

    (a)    areas that have not been surveyed for contour information are labelled "relief data incomplete"; and

    (b)    charts on which spot elevations are generally unreliable bear a warning note prominently displayed on the face of the chart in the colour used for aeronautical information, as follows—

        "Warning – The reliability of relief cartographic on this chart is doubtful and elevations are used with caution."

183.    Escarpments

    An aeronautical cartographic service provider shall ensure that escarpments are shown when they are prominent landmarks or when cultural detail is very sparse.

184.    Wooded areas

    An aeronautical cartographic service provider shall ensure that—

    (a)    wooded areas are shown; and

    (b)    the approximate extreme northern or southern limits of tree growth are indicated by a dashed black line where shown and are appropriately labelled.

185.    Date of topographic information

    An aeronautical cartographic service provider shall ensure that the date of latest information shown on the topographic base is indicated in the margin.

186.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the—

    (a)    isogonic lines are shown; and

    (b)    date of the isogonic information is indicated in the margin.

Aeronautical Data

187.    General

    An aeronautical cartographic service provider shall ensure that aeronautical data shown is kept to a minimum consistent with the use of the chart for visual navigation and the revision cycle.

188.    Aerodromes

    An aeronautical cartographic service provider shall ensure that the—

    (a)    land and water aerodromes and heliports are shown with their names, to the extent that they do not produce undesirable congestion on the chart, priority being given to those of greatest aeronautical significance;

    (b)    aerodrome elevation, the lighting available, the type of runway surface and the length of the longest runway or channel, shown in abbreviated form for each aerodrome in conformity with the example in Schedule 2, is indicated provided they do not cause undesirable clutter on the chart; and

    (c)    abandoned aerodromes which are still recognisable as aerodromes from the air are shown and identified as abandoned.

189.    Obstacles

    An aeronautical cartographic service provider shall ensure that the—

    (a)    obstacles are shown; and

    (b)    prominent transmission lines, permanent cable car installations and wind turbines, which are obstacles, are shown when considered of importance to visual flight.

190.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the prohibited, restricted and danger areas are shown.

191.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that—

    (a)    significant elements of the air traffic services system including, where practicable, control zones, aerodrome traffic zones, control areas, flight information regions and other airspaces in which VFR flights operate are shown together with the appropriate class of airspace; and

    (b)    the air defence identification zone is shown, where appropriate, and properly identified.

192.    Radio navigation aids

    An aeronautical cartographic service provider shall ensure that radio navigation aids are shown by the appropriate symbol and named, but excluding their frequencies, coded designators, times of operation and other characteristics unless any or all of the information shown is kept up-to-date by means of new editions of the chart.

193.    Supplementary information

    An aeronautical cartographic service provider shall ensure that the aeronautical ground lights together with their characteristics or their identifications or both are shown.

PART XVII
Aeronautical Chart – ICAO 1:500 000 (regs 194-220)

194.    Function

    An aeronautical cartographic service provider shall ensure that the aeronautical chart – 1: 500 000 provides information to satisfy the requirements of visual air navigation for low speed, short or medium-range operations at low and intermediate altitudes.

195.    Availability

    An aeronautical cartographic service provider shall ensure that the aeronautical chart – 1:500 000 is made available in the manner specified in regulation 5(b) for all areas delineated in Schedule 5.

196.    Scales

    (1) An aeronautical cartographic service provider shall ensure that—

    (a)    the linear scales for kilometres and nautical miles arranged in the following order—

        (i)    kilometres,

        (ii)    nautical miles, with their zero points in the same vertical line is shown in the margin, and

        (iii)    the length of the linear scale to be not less than 200 mm (8 in); and

    (b)    a conversion scale is shown in the margin.

197.    Format

    An aeronautical cartographic service provider shall ensure that the—

    (a)    title and marginal notes are in English;

    (b)    information regarding the number of the adjoining sheets and the unit of measurement used to express elevation is located as to be clearly visible when the sheet is folded;

    (c)    sheets are quarter sheets of the World Aeronautical Chart – 1:1 000 000 whenever practicable;

    (d)    an appropriate index to adjacent sheets, showing the relationship between the two chart series is included on the face of the chart or on the reverse side;

    (e)    overlaps are provided by extending the chart area on the top and right side beyond the area given on the index;

    (f)    overlap area in paragraph (e) contain aeronautical, topographical, hydrographical and cultural information; and

    (g)    overlap extend up to 15 km (8 NM), if possible, but in any case from the limiting parallels and meridians of each chart to the neat line.

198.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection is used;

    (b)    the parallels are shown at intervals of 30’;

    (c)    the meridians are shown at intervals of 30’;

    (d)    the graduation marks are—

        (i)    shown at 1’ intervals along each whole degree meridian and parallel, extending away from the Greenwich Meridian and from the Equator and each 10’ interval is shown by a mark on both sides of the graticule line,

        (ii)    approximately 1.3 mm (0.05 in) for the 1’ intervals, and 2 mm (0.08 in) for the 5’ intervals and 2 mm (0.08 in) extending on both sides of the graticule line for the 10’ intervals;

    (e)    the meridians and parallels shown are numbered—

        (i)    in the borders of the chart, and

        (ii)    within the body of the chart whenever this data is required operationally; and

    (f)    the name and basic parameters of the projection is indicated in the margin.

199.    Identification

    An aeronautical cartographic service provider shall ensure that—

    (a)    each sheet is identified by a name of the principal town or of a main geographical feature appearing on the sheet; and

    (b)    the sheets are identified by the reference number of the corresponding World Aeronautical Chart – 1:1 000 000 where applicable, with the addition of one or more of the following letter suffixes indicating the quadrant or quadrants—

Letter

Chart quadrant

A

North-West

B

North-East

C

South-East

D

South-West

 

Culture and Topography

200.    Built-up areas

    An aeronautical cartographic service provider shall ensure that—

    (a)    the cities, towns and villages are selected and shown according to their relative importance to visual air navigation; and

    (b)    cities and towns of sufficient size are indicated by the outline of their built-up areas and not of their established city limits.

201.    Railroads

    An aeronautical cartographic service provider shall ensure that—

    (a)    railroads having landmark value are shown; and

    (b)    the tunnels are shown when they serve as prominent landmarks.

202.    Highways and roads

    An aeronautical cartographic service provider shall ensure that the—

    (a)    road systems are shown in sufficient detail to indicate significant patterns from the air; and

    (b)    roads are not shown in built-up areas unless they can be distinguished from the air as definite landmarks.

203.    Landmarks

    An aeronautical cartographic service provider shall ensure that the following natural and cultural landmarks, when considered to be of importance for visual air navigation, are shown—

    (a)    bridges;

    (b)    prominent transmission lines;

    (c)    permanent cable car installations;

    (d)    wind turbines;

    (e)    mine structures;

    (f)    forts;

    (g)    ruins;

    (h)    levees;

    (i)    pipelines;

    (j)    rocks;

    (k)    bluffs;

    (l)    cliffs;

    (m)    sand dunes;

    (n)    isolated lighthouses; and

    (o)    lightships.

204.    Political boundaries

    An aeronautical cartographic service provider shall ensure that the international boundaries are shown and undemarcated and undefined boundaries are distinguished by descriptive notes.

205.    Hydrography

    An aeronautical cartographic service provider shall ensure that—

    (a)    water features compatible with the scale of the chart comprising shorelines, lakes, rivers and streams including those non-perennial in nature, salt lakes, glaciers and ice caps are shown;

    (b)    the tint covering large open water areas to be kept very light;

    (c)    reefs and shoals, including rocky ledges, tidal fiats, isolated rocks, sand, gravel, stone and similar areas, should be shown by symbols when of significant landmark value.

206.    Contours

    An aeronautical cartographic service provider shall ensure that—

    (a)    the contours are shown and the selection of intervals are governed by the requirement to depict clearly the relief features required in air navigation; and

    (b)    the values of the contours used are shown.

207.    Hypsometric tints

    An aeronautical cartographic service provider shall ensure that—

    (a)    the range of elevations for the tints is shown when hypsometric tints are used; and

    (b)    the scale of the hypsometric tints used on the chart are shown in the margin.

208.    Spot elevations

    An aeronautical cartographic service provider shall ensure that—

    (a)    the spot elevations are shown at selected critical points;

    (b)    the elevations selected are the highest in the immediate vicinity and indicate the top of a peak and ridge;

    (c)    the elevations in valleys and at lake surface levels which are of navigational value are shown and the position of each selected elevation is indicated by a dot;

    (d)    the elevation of the highest point on the chart and its geographical position to the nearest five minutes is indicated in the margin; and

    (e)    the spot elevation of the highest point on any sheet is cleared of hypsometric tinting.

209.    Incomplete or unreliable relief

    An aeronautical cartographic service provider shall ensure that—

    (a)    the areas that have not been surveyed for contour cartographic are labelled "relief data incomplete"; and

    (b)    the charts on which spot elevations are unreliable bear a warning note prominently displayed on the face of the chart in the colour used for aeronautical cartographic, as follows—

        "Warning – the reliability of relief cartographic on this chart is doubtful and elevations shall be used with caution".

210.    Escarpments

    An aeronautical cartographic service provider shall ensure that the escarpments are shown when they are prominent landmarks or when cultural detail is very sparse.

211.    Wooded areas

    An aeronautical cartographic service provider shall ensure that wooded areas are shown.

212.    Date of topographic information

    An aeronautical cartographic service provider shall ensure that the date of latest information shown on the topographic base is indicated in the margin.

213.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    the isogonic lines are shown; and

    (b)    the date of the isogonic cartographic is indicated in the margin.

Aeronautical Data

214.    General information

    An aeronautical cartographic service provider shall ensure that the aeronautical information shown is consistent with the use of the chart and the revision cycle.

215.    Aerodromes

    An aeronautical cartographic service provider shall ensure that the—

    (a)    land and water aerodromes and heliports are shown with their names, to the extent that they do not produce undesirable congestion on the chart, priority being given to those of greatest aeronautical significance;

    (b)    aerodrome elevation, the lighting available, the type of runway surface and the length of the longest runway or channel, shown in abbreviated form for each aerodrome in conformity with the example in Schedule 2, provided they do not cause undesirable clutter on the chart, are indicated; and

    (c)    abandoned aerodromes which are still recognisable as aerodromes from the air are shown and identified as abandoned.

216.    Obstacles

    An aeronautical cartographic service provider shall ensure that the—

    (a)    obstacles are shown; and

    (b)    prominent transmission lines, permanent cable car installations and wind turbines, which are obstacles are shown when considered of importance to visual flight.

217.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that the prohibited, restricted and danger areas are shown.

218.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that the—

    (a)    significant elements of the air traffic services system including, control zones, aerodrome traffic zones, control areas, flight cartographic regions and other airspaces in which VFR flights operate are shown together with the appropriate class of airspace, where practicable; and

    (b)    air defence identification zone is shown and properly identified where appropriate.

219.    Radio navigation aids

    An aeronautical cartographic service provider shall ensure that the radio navigation aids are shown by the appropriate symbol and named, but excluding their frequencies, coded designators, times of operation and other characteristics unless any or all of this information shown is kept up-to-date by means of new editions of the chart.

220.    Supplementary information

    An aeronautical cartographic service provider shall ensure that the aeronautical ground lights together with their characteristics or their identifications or both are shown.

PART XVIII
Aeronautical Navigation Chart – Small Scale (regs 221-245)

221.    Function

    An aeronautical cartographic service provider shall ensure that the Aeronautical Navigation Chart – small scale—

    (a)    serves as an air navigation aid for flight crews of long-range aircraft at high altitudes;

    (b)    provides selective checkpoints over extensive ranges for identification at high altitudes and speeds, which are required for visual confirmation of position;

    (c)    provides for continuous visual reference to the ground during long-range flights over areas lacking radio or other electronic navigation aids, or over areas where visual navigation is preferred or becomes necessary; and

    (d)    provides a general purpose chart series for long-range flight planning and plotting.

222.    Availability

    An aeronautical cartographic service provider shall ensure that the Aeronautical Navigation Chart – small scale is made available in the manner specified in regulation 5(b) for all areas delineated in Schedule 5.

223.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that—

    (a)    the Aeronautical Navigation Chart – small scale provides, as a minimum, complete coverage of the major land masses of the world;

    (b)    the scale is in the range of 1:2 000 000 to 1:5 000 000;

    (c)    the scale of the chart is substituted in the title for the words "Small Scale";

    (d)    the linear scales for kilometres and nautical miles are arranged in the following order—

        (i)    kilometres,

        (ii)    nautical miles, with their zero points in the same vertical line are shown in the margin; and

    (e)    a conversion scale in metre or feet is shown in the margin; and

    (f)    length of the linear scale should be not less than 200 mm (8 in).

224.    Format

    An aeronautical cartographic service provider shall ensure that the—

    (a)    title and marginal notes are in English; and

    (b)    information regarding the number of the adjoining sheets and the unit of measurement to express elevations is located as to be clearly visible when the sheet is folded.

225.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection is used;

    (b)    the name and basic parameters of the projection is shown in the margin;

    (c)    the parallels are shown at intervals of 1?;

    (d)    the graduations on the parallels are shown at sufficiently close intervals compatible with the latitude and the scale of the chart;

    (e)    meridians are shown at intervals compatible with the latitude and the scale of the chart;

    (f)    the graduations on the meridians are shown at intervals not exceeding 5';

    (g)    the graduation marks extend away from the Greenwich Meridian and from the Equator;

    (h)    all meridians and parallels shown are numbered in the borders of the chart; and

    (i)    in addition, when required, meridians and parallels are numbered within the body of the chart in such a manner that they can be readily identified when the chart is folded.

Culture and Topography

226.    Built-up areas

    An aeronautical cartographic service provider shall ensure that—

    (a)    cities, towns and villages are selected and shown according to their relative importance to visual air navigation; and

    (b)    cities and towns of sufficient size are indicated by the outline of their built-up areas and not of their established city limits.

227.    Railroads

    An aeronautical cartographic service provider shall ensure that—

    (a)    railroads having landmark value are shown; and

    (b)    important tunnels are shown.

228.    Highways and roads

    An aeronautical cartographic service provider shall ensure that the—

    (a)    road systems are shown in sufficient detail to indicate significant patterns from the air; and

    (b)    roads are not shown in built-up areas unless they can be distinguished from the air as definite landmarks.

229.    Landmarks

    An aeronautical cartographic service provider shall ensure that the following natural and cultural landmarks, when considered to be of importance for visual air navigation, are shown—

    (a)    bridges;

    (b)    prominent transmission lines;

    (c)    permanent cable car installations;

    (d)    wind turbines;

    (e)    mine structures;

    (f)    forts;

    (g)    ruins;

    (h)    levees;

    (i)    pipelines;

    (j)    rocks;

    (k)    bluffs;

    (l)    cliffs;

    (m)    sand dunes;

    (n)    isolated lighthouses; and

    (o)    lightships.

230.    Political boundaries

    An aeronautical cartographic service provider shall ensure that the international boundaries are shown and the undemarcated and undefined boundaries are distinguished by descriptive notes.

231.    Hydrography

    An aeronautical cartographic service provider shall ensure that—

    (a)    water features compatible with the scale of the chart comprising shorelines, lakes, rivers and streams including those non-perennial in nature, salt lakes, glaciers and ice caps are shown;

    (b)    the tint covering large open water areas should be kept very light; and

    (c)    reefs and shoals, including rocky ledges, tidal flats, isolated rocks, sand, gravel, stone and similar areas, should be shown by symbols when of significant landmark value.

232.    Contours

    An aeronautical cartographic service provider shall ensure that the—

    (a)    contours are shown and the selection of intervals are governed by the requirement to depict clearly the relief features required in air navigation; and

    (b)    values of the contours used are shown.

233.    Hypsometric tints

    An aeronautical cartographic service provider shall ensure that the—

    (a)    range of elevations for the tints are shown when hypsometric tints are used; and

    (b)    scale of the hypsometric tints used on the chart is shown in the margin.

234.    Spot elevations

    An aeronautical cartographic service provider shall ensure that the—

    (a)    spot elevations are shown at selected critical points;

    (b)    elevations selected are the highest in the immediate vicinity and indicate the top of a peak or ridge;

    (c)    elevations in valleys and at lake surface levels which are of value to visual air navigation are shown and the position of each selected elevation is indicated by a dot;

    (d)    elevation of the highest point on the chart and its geographical position to the nearest five minutes is indicated in the margin; and

    (e)    the spot elevation of the highest point in any sheet is cleared of hypsometric.

235.    Incomplete or unreliable relief

    An aeronautical cartographic service provider shall ensure that the—

    (a)    areas that have not been surveyed for contour information are labelled "relief data incomplete"; and

    (b)    charts on which spot elevations are unreliable bear a warning note prominently displayed on the face of the chart in the colour used for aeronautical information, as follows—

        "Warning – the reliability of relief cartographic on this chart is doubtful and elevations shall be used with caution.".

236.    Escarpments

    An aeronautical cartographic service provider shall ensure that the escarpments are shown when they are prominent landmarks or when cultural detail is very sparse.

237.    Wooded areas

    An aeronautical cartographic service provider shall ensure that wooded areas of large extent are shown.

238.    Date of topographic information

    An aeronautical cartographic service provider shall ensure that the date of latest information shown on the topographic base is indicated in the margin.

239.    Colours

    An aeronautical cartographic service provider shall ensure that the—

    (a)    the subdued colours are used for the chart background to facilitate plotting; and

    (b)    good colour contrast is ensured to emphasise features important to visual air navigation.

240.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the—

    (a)    isogonic lines are shown; and

    (b)    date of isogonic cartographic is indicated in the margin.

Aeronautical Data

241.    Aerodromes

    An aeronautical cartographic service provider shall ensure that land and water aerodromes and heliports are shown with their names, to the extent that they do not produce undesirable congestion on the chart, priority being given to those of greatest aeronautical significance.

242.    Obstacles

    An aeronautical cartographic service provider shall ensure that obstacles are shown.

243.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that prohibited, restricted and danger areas are shown when considered to be of importance to air navigation.

244.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that the—

    (a)    significant elements of the air traffic services system are shown when considered to be of importance to air navigation; and

    (b)    air defence identification zone is shown and properly identified where appropriate.

245.    Radio navigation aids

    An aeronautical cartographic service provider shall ensure that radio aids to navigation are shown by the appropriate symbol and named.

PART XIX
Plotting Chart (regs 246-254)

246.    Function

    An aeronautical cartographic service provider shall ensure that the Plotting Chart provides a means of maintaining a continuous flight record of the aircraft position by various fixing methods and dead reckoning in order to maintain an intended flight path.

247.    Availability

    An aeronautical cartographic service provider shall ensure that the Plotting Chart is made available, in the manner specified in regulation 5(b) to cover major air routes over oceanic areas and sparsely settled areas used by international civil aviation.

248.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that the—

    (a)    Plotting Chart for a particular region covers major air routes and their terminals on a single sheet, where practicable; and

    (b)    scale is governed by the area to be covered.

249.    Format

    An aeronautical cartographic service provider shall ensure that the sheet is of a size that can be adapted for use on a navigator’s plotting table.

250.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a great circle is used;

    (b)    parallels and meridians are shown;

    (c)    intervals are arranged to permit accurate plotting to be carried out with a minimum of time and effort;

    (d)    graduation marks are shown at consistent intervals along an appropriate number of parallels and meridians and the interval selected, regardless of scale, minimises the amount of interpolation required for accurate plotting;

    (e)    parallels and meridians are numbered so that a number appears at least once every 15 cm (6 in) on the face of the chart; and

    (f)    if a navigational grid is shown on charts covering the higher latitudes, it comprises of lines parallel to the Meridian or anti-Meridian of Greenwich.

251.    Identification

    An aeronautical cartographic service provider shall ensure that each sheet is identified by chart series and number.

252.    Culture and topography

    An aeronautical cartographic service provider shall ensure that the—

    (a)    generalised shorelines of open water areas, large lakes and rivers are shown;

    (b)    spot elevations for selected features constituting a hazard to air navigation are shown; and

    (c)    particularly hazardous or prominent relief features are emphasised.

253.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that—

    (a)    isogonals are shown at consistent intervals throughout the chart and the interval selected, regardless of scale, minimises the amount of interpolation required; and

    (b)    date of the isogonic information is shown.

254.    Aeronautical data

    An aeronautical cartographic service provider shall ensure that—

    (a)    the following aeronautical data is shown—

        (i)    aerodromes regularly used by international commercial air transport together with their names,

        (ii)    selected radio aids to navigation that will contribute to position-finding together with their names and identifications,

        (iii)    lattices of long-range electronic aids to navigation, as required,

        (iv)    boundaries of flight cartographic regions, control areas and control zones necessary to the function of the chart, and

        (v)    designated reporting points necessary to the function of the chart; and

    (b)    aeronautical ground lights useful for air navigation are shown where other means of navigation are non-existent.

PART XX
Electronic Aeronautical Chart Display (regs 255-264)

255.    Function

    An aeronautical cartographic service provider shall ensure that the electronic aeronautical chart display with adequate back-up arrangements and in compliance with the requirements of Civil Aviation (Aircraft Operations) Regulations for charts, enables flight crews to execute, in a convenient and timely manner, route planning, route monitoring and navigation by displaying the required information.

256.    Information available for display

    An aeronautical cartographic service provider shall ensure that the electronic aeronautical chart display is capable of displaying all aeronautical, cultural and topographic information required by Part V and Part VII to Part XIX of these Regulations.

Display Requirements

257.    Display categories

    An aeronautical cartographic service provider shall ensure that the—

    (a)    information available for display is subdivided into the following categories—

        (i)    basic display information, permanently retained on the display and consisting of the minimum information essential for the safe conduct of flight, and

        (ii)    other display information, which may be removed from the display or displayed individually on demand, and consisting of information not considered essential for the safe conduct of flight; and

    (b)    adding or removing other display information is a simple function but is not possible to remove information contained in the basic display.

258.    Display mode and generation of neighbouring area

    An aeronautical cartographic service provider shall ensure that—

    (a)    the electronic aeronautical chart display is capable of continuously plotting the aircraft’s position in a true motion mode where reset and generation of the surrounding area takes place automatically; and

    (b)    it is possible manually to change the chart area and the position of the aircraft relative to the edge of the display.

259.    Scale

    An aeronautical cartographic service provider shall ensure that it is possible to vary the scale at which a chart is displayed.

260.    Symbols

    An aeronautical cartographic service provider shall ensure that—

    (a)    the symbols used conform to those specified for electronic charts in Schedule 2 except where it is desired to show items for which no International Civil Aviation Organisation chart symbol is provided; and

    (b)    in cases where no International Civil Aviation Organisation chart symbols are provided, electronic chart symbols are chosen which—

        (i)    employ a minimum use of lines, arcs and area fills,

        (ii)    do not cause confusion with any existing aeronautical chart symbol, and

        (iii)    do not impair the legibility of the display.

261.    Display hardware

    An aeronautical cartographic service provider shall ensure that—

    (a)    the effective size of the chart presentation is sufficient to display the information required by regulation 256 without excessive scrolling;

    (b)    the display has the capabilities required to accurately portray required elements of Schedule 2;

    (c)    the method of presentation ensures that the displayed information is clearly visible to the observer in the conditions of natural and artificial light experienced in the cockpit; and

    (d)    the display luminance is adjustable by the flight crew.

262.    Provision and updating of data

    An aeronautical cartographic service provider shall ensure that—

    (a)    the provision and updating of data for use by the display is in conformance with the aeronautical data quality system requirements;

    (b)    the display is capable of automatically accepting authorised updates to existing data and means of ensuring that authorised data and relevant updates to that data have been correctly loaded into the display is provided;

    (c)    the display is capable of accepting updates to authorised data entered manually with simple means for verification prior to final acceptance of the data and updates entered manually are distinguishable on the display from authorised data and its authorised updates and shall not affect display legibility;

    (d)    a record is kept of updates, including date and time of application; and

    (e)    the display allows the flight crew to display updates so that the flight crew may review the contents of the updates and determine that they have been included in the system.

263.    Performance tests, malfunction alarms and indications

    An aeronautical cartographic service provider shall ensure that—

    (a)    a means is provided for carrying out on-board tests of major functions and in case of a failure, the test displays information to indicate which part of the system is at fault; and

    (b)    a suitable alarm or indication of system malfunction is provided.

264.    Back-up arrangements

    An aeronautical cartographic service provider shall in order to ensure safe navigation in case of a failure of the electronic aeronautical chart display, ensure that provision of adequate back-up arrangements include—

    (a)    facilities enabling a safe takeover of display functions in order to ensure that a failure does not result in a critical situation; and

    (b)    a back-up arrangement facilitating the means for safe navigation of the remaining part of the flight.

PART XXI
Air Traffic Control Surveillance Minimum Altitude Chart (regs 265-275)

265.    Function

    An aeronautical cartographic service provider shall ensure that—

    (a)    Air Traffic Control Surveillance Minimum Altitude Chart provides information to enable flight crews to monitor and cross-check altitudes assigned by a controller using an air traffic services surveillance system; and

    (b)    a note indicating that the chart may only be used for cross-checking of altitudes assigned while the aircraft is identified is prominently displayed on the face of the chart.

266.    Availability

    An aeronautical cartographic service provider shall ensure that the Air Traffic Control Surveillance Minimum Altitude Chart is made available, in the manner specified in regulation 5(b) where vectoring procedures are established and minimum vectoring altitudes cannot be shown adequately on the Area Chart, Standard Departure Chart – Instrument or Standard Arrival Chart – Instrument.

267.    Coverage and scale

    An aeronautical cartographic service provider shall ensure that the—

    (a)    coverage of the chart is sufficient to effectively show the information associated with vectoring procedures; and

    (b)    chart is drawn to scale, the same scale as the associated Area Chart.

268.    Projection

    An aeronautical cartographic service provider shall ensure that—

    (a)    a conformal projection on which a straight line approximates a geodesic line is used; and

    (b)    the graduation marks are placed at consistent intervals along the neat lines, as appropriate.

269.    Identification

    An aeronautical cartographic service provider shall ensure that the chart is identified by the name of the aerodrome for which the vectoring procedures are established or, when procedures apply to more than one aerodrome, the name associated with the airspace portrayed.

270.    Culture and topography

    An aeronautical cartographic service provider shall ensure that the—

    (a)    generalised shorelines of open water areas, large lakes and rivers are shown except where they conflict with data more applicable to the function of the chart; and

    (b)    appropriate spot elevations and obstacles are shown.

271.    Magnetic variation

    An aeronautical cartographic service provider shall ensure that the average Magnetic variation of the area covered by the chart is shown to the nearest degree.

272.    Bearings, tracks and radials

    An aeronautical cartographic service provider shall ensure that—

    (a)    bearings, tracks and radials are magnetic;

    (b)    bearings and tracks are shown in parentheses to the nearest tenth of a degree where bearings and tracks are additionally provided as true values for area navigation segments;

    (c)    bearings, tracks or radials are clearly indicated where bearings, tracks or radials are given with reference to True North or Grid North; and

    (d)    where Grid North is used, its reference grid meridian is identified.

Aeronautical Data

273.    Aerodromes

    An aeronautical cartographic service provider shall ensure that—

    (a)    aerodromes that affect the terminal routings are shown and where appropriate, a runway pattern symbol is used; and

    (b)    the elevation of the primary aerodrome to the nearest metre or foot is shown.

274.    Prohibited, restricted and danger areas

    An aeronautical cartographic service provider shall ensure that prohibited, restricted and danger areas are depicted with their identification.

275.    Air traffic services system

    An aeronautical cartographic service provider shall ensure that the chart shows components of the established air traffic services system including—

    (a)    relevant radio navigation aids together with their identifications;

    (b)    lateral limits of relevant designated airspace;

    (c)    relevant significant points associated with standard instrument departure and arrival procedures;

    (d)    transition altitude, where established;

    (e)    information associated with vectoring including—

        (i)    minimum vectoring altitudes to the nearest higher 50 m or 100 ft, clearly identified,

        (ii)    lateral limits of minimum vectoring altitude sector, normally defined by bearings and radials to or from radio navigation aids to the nearest degree or, if not practicable, geographical co-ordinates in degrees, minutes and seconds and shown by heavy lines so as to clearly differentiate between established sectors,

        (iii)    distance circles at 20 km or 10 NM intervals or, when practicable, 10 km or 5 NM intervals shown as fine dashed lines with the radius indicated on the circumference and centred on the identified aerodrome main VOR radio navigation aid or, if not available, on the aerodrome or heliport reference point,

        (iv)    notes concerning correction for low temperature effect, as applicable,

        (v)    communications procedures including call sign(s) and channel(s) of the Air Traffic Control unit(s) concerned, and

        (vi)    a textual description of relevant communication failure procedures are provided and whenever feasible, be shown on the chart or on the same page that contains the chart.

SCHEDULE 1
MARGINAL LAYOUT

(reg 8(a))

 

 

SCHEDULE 2
ICAO CHART SYMBOLS

(regs 9(a), 9(e), 19(a), 53(d), 188(b), 215(b), 260(a) and 261(b))

 

1.    CATEGORY INDEX

 

 

 

Symbol No.

TOPOGRAPHY (1-18)

 

 

Approximate contours

2

 

Areas not surveyed for contour information or relief data incomplete

18

 

Bluff, cliff or escarpment

4

 

Coniferous trees

15

 

Contours

1

 

Gravel

8

 

Highest elevation on chart

12

 

Lava flow

5

 

Levee or esker

9

 

Mountain pass

11

 

Other trees

16

 

Palms

17

 

Relief shown by hachures

3

 

Sand area

7

 

Sand dunes

6

 

Spot elevation (of doubtful accuracy)

14

 

Spot elevation

13

 

Unusual land features appropriately labelled

10

HYDROGRAPHY (19-46)

 

 

Abandoned canal

30

 

Canal

29

 

Charted isolated rock

44

 

Coral reefs and ledges

22

 

Danger line (2 m or one fathom line)

43

 

Dry lake bed

39

 

Falls

28

 

Glaciers and ice caps

42

 

Lakes (non-perennial)

32

 

Lakes (perennial)

31

 

Large river (perennial)

23

 

Rapids

27

 

Reservoir

38

 

Rice field

36

 

Rivers and streams (non-perennial)

25

 

Rivers and streams (unsurveyed)

26

 

Rock awash

45

 

Salt lake

33

 

Salt pans (evaporator)

34

 

Shoals

41

 

Shoreline (reliable)

19

 

Shoreline (unreliable)

20

 

Small river (perennial)

24

 

Spring, well or water hole

37

 

Swamp

35

 

Tidal flats

21

 

Unusual water features appropriately labelled

46

 

Wash

40

CULTURE (47-83)

 

 

Built-up Areas (47-50)

 

 

    Buildings

50

 

    City or large town

47

 

    Town

48

 

    Village

49

 

Railroads (51-56)

 

 

    Railroad (single track)

51

 

    Railroad (two or more tracks)

52

 

    Railroad (under construction)

53

 

    Railroad bridge

54

 

    Railroad station

56

 

    Railroad tunnel

55

 

Highways and Roads (57-62)

 

 

    Dual highway

57

 

    Primary road

58

 

    Road bridge

61

 

    Road tunnel

62

 

    Secondary road

59

 

    Trail

60

 

Miscellaneous (63-83)

 

 

    Boundaries (international)

63

 

    Church

80

 

    Coast guard station

73

 

    Dam

67

 

    Fence

65

 

    Ferry

68

 

    Forest ranger station

76

 

    Fort

79

 

    Lookout tower

74

 

    Mine

75

 

    Mosque

81

 

    Nuclear power station

72

 

    Oil or gas field

70

 

    Outer boundaries

64

 

    Pagoda

82

 

    Pipeline

69

 

    Race track or stadium

77

 

    Ruins

78

 

    Tank farms

71

 

    Telegraph or telephone line (when a landmark)

66

 

    Temple

83

AERODROMES (84-95)

 

 

Abandoned or closed aerodrome

91

 

Aerodrome for use on charts on which aerodrome classification is not required

93

 

Civil – Land

84

 

Civil – Water

85

 

Emergency aerodrome or aerodrome with no facilities

90

 

Heliport

94

 

Joint civil and military – Land

88

 

Joint civil and military – Water

89

 

Military – Land

86

 

Military – Water

87

 

Runway pattern in lieu of the aerodrome symbol

95

 

Sheltered anchorage

92

 

Aerodrome data in abbreviated form which may be in association with aerodrome symbols

96

 

Aerodrome symbols for Approach Charts (97 and 98)

 

 

    Aerodromes affecting the traffic pattern on the aerodrome on which the procedure is based

97

 

    The aerodrome on which the procedure is based

98

RADIO NAVIGATION AIDS (99-110)

 

 

Basic radio navigation aid symbol

99

 

Collocated VOR and DME radio navigation aids – VOR/DME

103

 

Collocated VOR and TACAN radio navigation aids – VORTAC

107

 

Compass rose

110

 

Distance measuring equipment – DME

102

 

DME distance

104

 

Instrument landing system – ILS

108

 

Non-directional radio beacon – NDB

100

 

Radio marker beacon

109

 

UHF tactical air navigation aid – TACAN

106

 

VHF omindirectional radio range – VOR

101

 

VOR radial

105

AIR TRAFFIC SERVICES (111–144)

 

 

Advisory airspace – ADA

115

 

Advisory route – ADR

118

 

Aerodrome traffic zone – ATZ

112

 

Air defence identification zone – ADIZ

117

 

Attitudes/flight levels

125

 

ATS/MET reporting point – MRP

123

 

Change-over point – COP

122

 

Control area, airway, controlled route

113

 

Control zone – CTR

116

 

Final approach fix – FAF

124

 

Flight information region – FIR

111

 

Reporting and fly-by/Flyover functionality

121

 

Scale-break (on ATS route)

120

 

Uncontrolled route

114

 

Visual flight path

119

 

Airspace Classifications (126 and 127)

 

 

    Aeronautical data in abbreviated form to be used in association with airspace classification symbols

127

 

    Airspace classifications

126

 

Airspace Restrictions (128 and 129)

 

 

    International boundary closed to passage of aircraft except through air corridor

129

 

    Restricted airspace (prohibited, restricted or danger area)

128

 

Obstacles (130-136)

 

 

    Elevation of top/Height above specified datum

136

 

    Exceptionally high obstacle – lighted (optional symbol)

135

 

    Exceptionally high obstacle (optional symbol)

134

 

    Group obstacles

132

 

    Lighted group obstacles

133

 

    Lighted obstacle

131

 

    Obstacle

130

 

Miscellaneous (137-141)

 

 

    Isogonic line or isogonal

138

 

    Ocean station vessel (normal position)

139

 

    Prominent transmission line

137

 

    Wind turbine – unlighted and lighted

140

 

    Wind turbines – minor group and group in major area, lighted

141

 

Visual Aids (142-144)

 

 

    Aeronautical ground light

143

 

    Lightship

144

 

    Marine light

142

SYMBOLS FOR AERODROME/HELIPORT CHARTS (145-161)

 

 

Aerodrome reference point

151

 

Hard surface runway

145

 

Helicopter alighting area on an aerodrome

150

 

Hot spot

161

 

Intermediate holding position

160

 

Landing direction indicator (lighted)

156

 

Landing direction indicator (unlighted)

157

 

Obstacle light

155

 

Pierced steel plank or steel mesh runway

146

 

Point light

154

 

Runway-holding position

159

 

Runway visual range (RVR) observation site

153

 

Stop bar

158

 

Stopway

148

 

Taxiways and parking areas

149

 

Unpaved runway

147

 

VOR check-point

152

SYMBOLS FOR AERODROME OBSTACLE CHARTS – TYPE A, B AND C (162–170)

 

 

Building or large structure

164

 

Clearway

170

 

Escarpment

168

 

Pole, tower, spire, antenna, etc.

163

 

Railroad

165

 

Stopway

169

 

Terrain penetrating obstacle plane

167

 

Transmission line or overhead cable

166

 

Tree or shrub

162

ADDITIONAL SYMBOLS FOR USE ON PAPER AND ELECTRONIC CHARTS (171–180)

 

 

Collocated DME fix and marker beacon

180

 

Collocated radio navigation aid and marker beacon

178

 

DME fix

179

 

Holding pattern

173

 

Minimum sector altitude

171

 

Missed approach track

174

 

Radio marker beacon

177

 

Radio navigation aid

176

 

Runway

175

 

Terminal arrival altitude

172

 

2.    ALPHABETICAL INDEX

 

A

 

 

 

Abandoned canal

30

 

Advisory airspace – ADA

115

 

Advisory route – ADR

118

 

Aerodrome data in abbreviated form

96

 

Aerodrome/Heliport Charts

145-161

 

Aerodrome Obstacle Charts

162-170

 

Aerodrome reference point

151

 

Aerodromes

84-98

 

    Abandoned or closed aerodrome

91

 

    Emergency aerodrome or aerodrome with no facilities

90

 

Aerodrome symbols for Approach Charts

97, 98

 

Aerodrome traffic zone – ATZ

112

 

Aeronautical ground light

143

 

Air defence identification zone – ADIZ

117

 

Airspace, advisory – ADA

115

 

Airspace classifications

126, 127

 

Airspace (prohibited, restricted or danger area), restricted, and common boundary of two areas

128

 

Airspace restrictions

128,129

 

Air traffic services

111-144

 

Airway – AWY

113

 

Altitude

 

 

    Minimum sector

171

 

    Terminal arrival

172

 

Altitudes/flight levels

125

 

Anchorage, sheltered

92

 

Antenna

163

 

Areas

 

 

    Built-up

47-50

 

    Not surveyed for contour information or relief data incomplete

18

 

    Prohibited

128

 

    Restricted

128

 

ATS/MET reporting point – MRP (compulsory, on request)

123

B

 

 

 

Bluff

4

 

Boundaries

 

 

    International

63

 

    Outer

64

 

Building (on Aerodrome Obstacle Charts)

164

 

Buildings

50

C

 

 

 

Cable, overhead

166

 

Canal

29

 

Canal, abandoned

30

 

Change-over point – COP

122

 

Charted isolated rock

44

 

Chart, highest elevation on

12

 

Chart symbols, electronic

108, 143,

 

 

171-180

 

Church

80

 

City or large town

47

 

Clearway – CWY

170

 

Cliff

4

 

Coast guard station

73

 

Collocated DME fix and marker beacon

180

 

Collocated radio navigation aid and marker beacon

178

 

Collocated VOR and DME radio navigation aids – VOR/DME

103, 110

 

Collocated VOR and TACAN radio navigation aids – VORTAC

107, 110

 

Compass rose

110

 

Coniferous trees

15

 

Contours

1

 

Contours, approximate

2

 

Control area – CTA

113

 

Controlled route

113

 

Control zone – CTR

116

 

Coral reefs and ledges

22

 

Culture

47-83

 

Culture, miscellaneous

63-83

D

 

 

 

Dam

67

 

Danger area

128

 

Danger line

43

 

Distance measuring equipment – DME

102, 110,

 

 

176, 177

 

DME distance

104

 

DME fix

179

 

    Collocated DME fix and marker beacon

180

 

Dry lake bed

39

 

Dual highway

57

 

Dunes, sand

6

E

 

 

 

Electronic chart symbols

108, 143,

 

 

171-180

 

Elevation (of doubtful accuracy), spot

14

 

Elevation, spot

13

 

Escarpment

4

 

Escarpment (on Aerodrome Obstacle Charts)

168

 

Esker

9

F

 

 

 

Falls

28

 

Fence

65

 

Ferry

68

 

Final approach fix – FAF

124

 

Flight information region – FIR

111

 

Flight levels

125

 

Forest ranger station

76

 

Fort

79

G

 

 

 

Gas field

70

 

Glaciers

42

 

Gravel

8

H

 

 

 

Hard surface runway

145

 

Helicopter alighting area on an aerodrome

150

 

Heliport

94

 

Highest elevation on chart

12

 

Highway, dual

57

 

Highways and roads

57-62

 

Holding pattern

173

 

Hot spot

161

 

Hydrography

19-46

I

 

 

 

Ice caps

42

 

Instrument landing system – ILS

108

 

Intermediate holding position

160

 

International boundary closed to passage of aircraft except through air corridor

129

 

Intersection INT

121

 

Isogenic line or isogonal

138

L

 

 

 

Lake bed, dry

39

 

Lakes

 

 

    Non-perennial

32

 

    Perennial

31

 

Land

 

 

    Civil

84

 

    Military

86

 

    Joint civil and military

88

 

Land features appropriately labelled, unusual

10

 

Landing direction indicator

 

 

    Lighted

156

 

    Unlighted

157

 

Large river (perennial)

23

 

Large structure

164

 

Lava flow

5

 

Ledges

22

 

Levee

9

 

Lightship

144

 

Lookout tower

74

M

 

 

 

Marine light

142

 

Mine

75

 

Minimum sector altitude – MSA

171

 

Miscellaneous symbols

 

 

    Air traffic services

137-141

 

    Culture

63-83

 

Missed approach track

174

 

Mosque

81

 

Mountain pass

11

N

 

 

 

NDB

121

 

Non-directional radio beacon – NDB

100

 

Nuclear power station

72

O

 

 

 

Obstacle light

155

 

Obstacles

130-136

 

Ocean station vessel

139

 

Oil field

70

 

Overhead cable

166

P

 

 

 

Pagoda

82

 

Palms

17

 

Parking areas

149

 

Pierced steel plank or steel mesh runway

146

 

Pipeline

69

 

Point light

154

 

Pole

163

 

Power station, nuclear

72

 

Primary road

58

 

Prohibited area

128

 

Prominent transmission line

137

R

 

 

 

Race track

77

 

Radio marker beacon

109, 177

 

Radio navigation aid

176

 

    Basic

99

 

    Collocated radio navigation aid and marker beacon

178

 

    Collocated VOR and DME.

103

 

    Collocated VOR and TACAN

107

 

Radio navigation aids

99-110,

 

 

176, 178

 

Railroad (on Aerodrome Obstacle Charts)

165

 

Railroads (Culture)

51-56

 

Rapids

27

 

Relief data incomplete

18

 

Relief shown by hachures

3

 

Reporting and fly-by/flyover functionality

121

 

Reservoir

38

 

Restricted airspace (prohibited, restricted or danger area) and common boundary of two areas

128

 

Restricted area

128

 

Rice field

36

 

River

 

 

    (Perennial), small

24

 

    (Perennial), large

23

 

Rivers and streams

 

 

    Non-perennial

25

 

    Unsurveyed

26

 

Road bridge

61

 

Road, primary

58

 

Road, secondary

59

 

Roads (highways and roads)

57-62

 

Road tunnel

62

 

Rock awash

45

 

Rock, charted isolated

44

 

Route

 

 

    Advisory – ADR

118

 

    Controlled

113

 

    Uncontrolled

114

 

Ruins

78

 

Runway

175

 

    Hard surface

145

 

    Unpaved

147

 

Runway-holding position

159

 

Runway visual range (RVR) observation site

153

S

 

 

 

Salt lake

33

 

Salt pans (evaporator)

34

 

Sand area

7

 

Sand dunes

6

 

Scale-break (on ATS route)

120

 

Secondary road

59

 

Sheltered anchorage

92

 

Shoals

41

 

Shoreline

 

 

    Reliable

19

 

    Unreliable

20

 

Shrub

162

 

Small river (perennial)

24

 

Spire

163

 

Spot elevation

13

 

Spot elevation (of doubtful accuracy)

14

 

Spring (perennial or intermittent)

37

 

Stadium

77

 

Steel mesh runway

146

 

Steel plank, pierced

146

 

Stop bar

158

 

Stopway – SWY (on Aerodrome or Heliport Charts)

148

 

Stopway – SWY (on Aerodrome Obstacle Charts)

169

 

Streams

25, 26

 

Structure, large

164

 

Swamp

35

T

 

 

 

TACAN

121

 

TACAN (UHF tactical air navigation aid)

106, 110

 

Tank farms

71

 

Taxiways

149

 

Telegraph or telephone line (when a landmark)

66

 

Temple

83

 

Terminal arrival altitude – TAA

172

 

Terrain penetrating obstacle plane

167

 

Tidal flats

21

 

Topography

1-18

 

Tower

 

 

    Lookout

74

 

    On Aerodrome Obstacle Charts

163

 

Town

48

 

Town, large

47

 

Trail

60

 

Transmission line

 

 

    On Aerodrome Obstacle Charts

166

 

    Prominent

137

 

Tree

 

 

    Coniferous

15

 

    On Aerodrome Obstacle Charts

162

 

    Other

16

U

 

 

 

UHF tactical air navigation aid – TACAN

106, 110

 

Uncontrolled route

114

 

Unpaved runway

147

 

Unusual land features appropriately labelled

10

 

Unusual water features appropriately labelled

46

V

 

 

 

VFR reporting point

121

 

VHF omnidirectional radio range – VOR

101, 110

 

Village

49

 

Visual aids

142-144

 

Visual flight path

119

 

VOR

121

 

VOR check-point

152

 

VOR/DME

121

 

VOR/DME (collocated VOR and DME radio navigation aids)

103

 

VOR radial

105

 

VORTAC

121

 

VORTAC (collocated VOR and TACAN radio navigation aids)

107

 

VOR (VHF omnidirectional radio range)

101

W

 

 

 

Wash

40

 

Water

 

 

    Civil

85

 

    Military

87

 

    Joint civil and military

89

 

Water features appropriately labelled, unusual

46

 

Water hole (perennial or intermittent)

37

 

Waypoint – WPT

121

 

Well (perennial or intermittent)

37

 

Wind turbine, unlighted and lighted

140

 

Wind turbines, minor group and group in major area, lighted

141

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 3
COLOUR GUIDE

(reg 16)

CHART SYMBOLS

 

 

 

SCHEDULE 4
HYPSOMETRIC TINT GUIDE

(reg 17(b))

 

 

SCHEDULE 5
SHEET LAYOUT FOR THE WORLD AERONAUTICAL CHART – ICAO 1:1 000 000

(regs 168(a), 170, 172, 195 and 222)

 

 

CIVIL AVIATION (AIRCRAFT NATIONALITY AND REGISTRATION MARKS) REGULATIONS

(section 89)

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
Aircraft Registration

    3.    Application

    4.    Classification of aircraft

    5.    Aircraft to be registered

    6.    Requirements for registration of aircraft

    7.    Application for registration of aircraft

    8.    Registration of aircraft

    9.    Conditions of registration

    10.    Variation of certificate of registration

    11.    Issue of duplicate certificate of registration

    12.    De-registration

    13.    Suspension of certificate of registration

    14.    Revocation of certificate of registration

    15.    Register to be kept

    16.    Inspection of certificate of registration

PART III
Nationality and Registration Marks

    17.    Nationality and registration marks

    18.    Lighter-than-air aircraft-airships

    19.    Marking and manner of affixation

    20.    Limitation on use of letters for registration marks

    21.    Identification plate required

PART IV
Location of Nationality, Common and Registration Marks

    22.    Display of registration marks

    23.    Lighter-than-air aircraft-airships

    24.    Balloons

    25.    Heavier-than-air aircraft

    26.    Fuselage and vertical tail surfaces

    27.    Removal of mark

PART V
Measurements of Nationality, Common and Registration Marks

    28.    Size of nationality and registration characters

    29.    Lighter-than-air aircraft

    30.    Heavier-than-air aircraft

PART VI
Type of Characters for Nationality, Common and Registration Marks

    31.    Type of characters

PART VII
Register of Nationality, Common and Registration Marks

    32.    Register of nationality, common and registration marks

    33.    Identification plate

PART VIII
General

    34.    Documents to be carried

    35.    Production of documents

    36.    Power to inspect and copy records

    37.    Offences

    38.    General penalty

    39.    Revocation of S.I. No. 21 of 2012

    40.    Savings

        SCHEDULE 1

        SCHEDULE 2

S.I. 67, 2022.

PART I
Preliminary (regs 1-2)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "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;

    "airship" means a power-driven lighter-than-air aircraft;

    "balloon" means a non-power-driven lighter-than-air aircraft;

    "certificate of de-registration" means a certificate issued under regulation 12(2);

    "certificate of registration" means a certificate issued under regulation 8;

    "common mark" means a mark assigned by the International Civil Aviation Organisation to the common mark registering authority registering aircraft of an international operating agency on other than a national basis;

    "fireproof material" means any material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose;

    "heavier-than-air aircraft" means any aircraft which derives its lift in flight chiefly from aerodynamic forces;

    "helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;

    "international operating agency" means an agency of the kind contemplated in Article 77 of the Convention;

    "kite" means a tethered aircraft;

    "lighter-than-air aircraft" means any aircraft supported chiefly by its buoyancy in the air;

    "nationality mark" means a mark assigned to an aircraft under regulation 14;

    "ornithopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on planes to which flapping motion is imported;

    "power-chute" means a powered parachute;

    "registration mark" means a mark assigned to an aircraft under regulation 14;

    "remotely piloted aircraft" means an unmanned aircraft which is piloted from a remote pilot station; and

    "State of Registry" means the State on whose register the aircraft is entered.

PART II
Aircraft Registration (regs 3-16)

3.    Application

    (1) These Regulations shall apply to all aircraft registered in Botswana and all other aircraft whilst in or over Botswana.

    (2) Except as otherwise expressly provided, these Regulations shall not apply to meteorological pilot balloons used exclusively for meteorological purposes or unmanned free balloons without a payload.

4.    Classification of aircraft

    (1) An Aircraft shall be classified in accordance with Figure A set out in Schedule 1 of these Regulations.

    (2) An aircraft which is intended to be operated with no pilot on board shall be further classified as unmanned.

    (3) In these Regulations, "unmanned aircraft" includes unmanned free balloons and remotely piloted aircraft.

5.    Aircraft to be registered

    (1) Subject to subregulations (2) and (3), an aircraft shall not fly in or over Botswana unless—

    (a)    it is registered in Botswana under regulation 6;

    (b)    it is registered in a contracting State to the Chicago Convention; or

    (c)    it is registered in some other State in relation to which there is in force an agreement between the Government of Botswana and the Government of that State which makes provision for the flight over Botswana of aircraft registered in that State.

    (2) A prototype aircraft may fly unregistered for purposes of conducting experimental flight trials within designated flying space in Botswana without passing over any other State; and in accordance with the conditions of a permit to fly issued by the Authority.

    (3) Subregulation (1) shall not apply to any kite, captive balloon or a power-chute.

    (4) If an aircraft flies over Botswana in contravention of subregulation (1) in such manner or circumstances that if the aircraft had been registered in Botswana an offence against these Regulations would have been committed, a similar offence shall be deemed to have been committed in respect of that aircraft.

6.    Requirements for registration of aircraft

    (1) Subject to this regulation, an aircraft shall not be registered or continue to be registered in Botswana if it appears to the Authority that—

    (a)    the aircraft is registered outside Botswana and that such registration does not cease by operation of law upon the aircraft being registered in Botswana;

    (b)    an unqualified person holds any legal or beneficial interest by way of ownership or to any share in the aircraft;

    (c)    the aircraft could more suitably be registered in some other State;

    (d)    it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Botswana; or

    (e)    the applicant or any person who holds any legal or beneficial interest by way of ownership or to any share in the aircraft has previously been convicted of an offence under regulation 21 within five years prior to the submission of the application.

    (2) Subject to subregulation (3), an aircraft shall be eligible for registration if it is owned by a citizen of Botswana, a citizen of a foreign State who is lawfully resident in Botswana, a corporation lawfully incorporated and doing business under the laws of Botswana or a government entity of Botswana.

    (3) An aircraft shall not be eligible for registration if it is more than 22 years old and its Maximum All Up Weight (MAUW) is above 23 000 kg at the time of applying for registration.

    (4) The following persons are qualified to hold a legal or beneficial interest by way of ownership or to any share in an aircraft registered in Botswana—

    (a)    the Government;

    (b)    Botswana citizens or persons lawfully resident in Botswana; and

    (c)    a company incorporated in Botswana under the Companies Act and having its principal place of business in Botswana.

    (5) If an unqualified person—

    (a)    residing or having a place of business in Botswana holds a legal or beneficial interest by way of ownership or to a share in an aircraft, the Authority, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Botswana; or

    (b)    has registered an aircraft under this subregulation, he or she shall not cause or permit the aircraft, while it is so registered, to be used for the purpose of commercial air transport or aerial work.

    (6) If an aircraft is chartered by demise, leased or the subject of a lease or hire purchase agreement to a qualified person under subregulation (3), the Authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in Botswana in the names of the parties to the charter or hire purchase agreement, upon being satisfied that the aircraft may otherwise remain so registered during the continuation of the charter, lease or hire purchase agreement.

7.    Application for registration of aircraft

    An application for the registration of an aircraft shall be made to the Authority in Form A set out in Schedule 1 to these Regulations and shall—

    (a)    include or be accompanied by such particulars so as to certify the eligibility of the applicant in terms of regulation 4;

    (b)    include any evidence relating to the aircraft’s ownership;

    (c)    include the designation, model and serial number of the aircraft;

    (d)    include the proper description of the aircraft according to the "Classification of Aircraft" set out in Schedule 1;

    (e)    include the category of the aircraft to be registered as set out in Form A in Schedule 1; and

    (f)    include such other information as the Authority may request; and

    (g)    be accompanied by a—

        (i)    non-refundable application fee set out Schedule 2, and

        (ii)    non-refundable inspection fee set out Schedule 2, for aircraft outside Botswana.

8.    Registration of aircraft

    (1) The Authority shall, where it is satisfied that an aircraft meets the requirements for registration, register the aircraft and issue a certificate of registration to the person in whose name the aircraft is registered, in these Regulations referred to as "the registered owner", and include on the certificate—

    (a)    the number of the certificate;

    (b)    the date of issue of the certificate;

    (c)    the registration mark assigned to it by the Authority under regulation 14;

    (d)    the nationality marks to be painted or affixed on the Aircraft under regulation 14;

    (e)    the serial number of the aircraft;

    (f)    the name and address of every person who is the owner or charterer of the aircraft, or in the case of more than one owner, the person acting on behalf of the other owner; and

    (g)    conditions attached to the registration of the aircraft.

    (2) The certificate of registration, referred to in subregulation (1) shall be a replica of the certificate set out in Form C in Schedule 1.

    (3) The operator shall, where an aircraft is equipped with a Mode S transponder, submit to the Authority a request for assignment of a 24-bit Mode S transponder address code together with a non-refundable fee set out in Schedule 2.

    (4) The Authority shall, where an aircraft is equipped with a Mode S transponder, assign to the registered aircraft a 24-bit Mode S transponder address code.

    (5) When certificates of registration are issued in a language other than English, they shall include an English translation.

9.    Conditions of registration

    (1) A registered owner shall operate the aircraft in accordance with the terms and conditions stipulated in the certificate of registration issued under regulation 6.

    (2) Any person who is the registered owner of an aircraft registered in Botswana shall immediately inform the Authority in writing of—

    (a)    any change in the particulars which were furnished to the Authority at the time of making the application for registration under regulation 5;

    (b)    the destruction of the aircraft, or its permanent withdrawal from use; and

    (c)    the termination of a charter, lease or hire purchase agreement in the case of an aircraft that is chartered, leased or subject to a hire purchase agreement.

    (3) A certificate of registration shall be carried on-board the aircraft for which it is issued at all times.

    (4) Any person who becomes the owner of an aircraft registered in Botswana shall, within 28 days of his or her becoming an owner of that aircraft, inform the Authority in writing to that effect.

10.    Variation of certificate of registration

    (1) The Authority may vary or modify a certificate of registration upon application by the registered owner where there are changes to the conditions of registration under regulation 7.

    (2) An application for variation of a certificate of registration shall be made to the Authority in writing and shall be accompanied by such documents as may be specified by the Authority.

    (3) The Authority shall not accept an application for variation of a certificate of registration where the application is not accompanied by such documents as the Authority may specify and a non-refundable application fee set out in Schedule 2.

    (4) The Authority may, where the applicant meets all the requirements, vary or modify a certificate of registration as it may deem appropriate based on the information given by the registered owner.

11.    Issue of duplicate certificate of registration

    (1) A registered owner whose certificate of registration is lost, destroyed or mutilated may apply to Authority to be issued with a duplicate.

    (2) An application under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 2.

12.    De-registration

    (1) The registered owner may apply for de-registration for purposes of registering the aircraft in another State or for any other purpose.

    (2) An application for de-registration under subregulation (1) shall be made in Form D set out in Schedule 1 and where the Authority is satisfied that all the requirements have been met, issue a certificate of de-registration set out in Form B set out in Schedule 1.

    (3) An application for de-registration under subregulation (2) shall be subject to a non-refundable application fee set out in Schedule 2.

13.    Suspension of certificate of registration

    (1) The Authority may suspend a certificate of registration where—

    (a)    there exists any information which is subject to verification as to the ownership of the aircraft or the eligibility of the registered owner;

    (b)    the registered owner fails to comply with any conditions imposed by the Authority under regulation 7; or

    (c)    it deems it appropriate to do so.

    (2) The Authority may re-instate any certificate suspended under this regulation where the owner has complied with any of the conditions specified under regulation 7 or the owner has verified his or her ownership or eligibility as the owner of the aircraft.

    (3) The owner shall pay a non-refundable application fee set out in Schedule 2 for the re-instatement of the certificate of registration.

14.    Revocation of certificate of registration

    A certificate of registration shall be revoked by the Authority where—

    (a)    after any time an aircraft has been registered in Botswana, an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or has a share to the aircraft;

    (b)    the aircraft is destroyed or it is permanently withdrawn from use;

    (c)    there is termination of a charter, lease or hire purchase agreement;

    (d)    the registered owner has been convicted of an offence under the Act; or

    (e)    the registered owner contravenes any of these Regulations.

15.    Register to be kept

    (1) The Authority shall maintain a register and record in it all particulars specified in regulation 6, including the date when a certificate of registration is issued, varied, suspended or revoked.

    (2) The Authority may, where it is necessary after receiving any information under regulation 7, update the register as appropriate.

    (3) The Authority shall provide such information to another contracting State as to aircraft registration as may be requested by the contracting State.

    (4) Any person who wishes to search and make a copy of any certificate or any other document shall pay a non-refundable application fee set out in Schedule 2.

16.    Inspection of certificate of registration

    A registered owner shall present a certificate of registration for inspection upon the request from the Authority or any person authorised by the Authority.

PART III
Nationality and Registration Marks (regs 17-21)

17.    Nationality and registration marks

    (1) An aircraft, shall not fly unless it bears painted on it or affixed to it, the nationality and registration marks required by that law, in the manner required by the law of the State in which it is registered other than an aircraft permitted under these Regulations to fly without being registered.

    (2) An aircraft shall not bear any marks which purport to indicate—

    (a)    that the aircraft is registered in a State in which it is not in fact registered; or

    (b)    that the aircraft is a State aircraft of a particular State where it is not in fact such an aircraft, unless the appropriate authority of that State has permitted the bearing of such marks.

    (3) The nationality mark for aircraft registered in Botswana shall be A2.

    (4) The Authority shall issue registration marks in respect of an aircraft upon being satisfied that the aircraft meets the requirements for registration in Botswana.

    (5) The registration marks referred to in subregulation (4) shall be in accordance with the sequence in the Civil Aircraft Register, unless otherwise specified in subregulation (6).

    (6) The Authority may assign, in respect of an aircraft, special registration marks in accordance with a procedure specified by the Authority.

    (7) For the purpose of this regulation, special registration marks shall refer to aircraft registration marks of the applicant’s choice.

    (8) A request for special registration marks shall be made to the Authority in writing and shall be accompanied a non-refundable fee set out in Schedule 2.

18.    Lighter-than-air aircraft-airships

    The marks on an airship shall appear either on the hull or on the stabiliser surfaces and where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry.

19.    Marking and manner of affixation

    (1) A person shall not operate an aircraft registered in Botswana unless the aircraft displays nationality and registration marks in accordance with the requirements of these Regulations.

    (2) The marks to be borne by aircraft registered in Botswana shall be—

    (a)    the nationality mark, A2 for Botswana, followed by a hyphen; and

    (b)    a group of three capital letters in Roman characters for the registration marks of an aircraft.

    (3) The registration mark for an aircraft shall be a group of three capital letters in Roman characters and shall—

    (a)    start with the letter "U" for a non-type certificated aircraft;

    (b)    start with the letter "U" for a type certificated balloon;

    (c)    start with the letters "EX" for an experimental aircraft; and

    (d)    start with the letter "H" for a helicopter.

    (4) The nationality marks and the registration marks under this regulation shall comply with such requirements as may be specified by the Authority.

    (5) Marks approved by the Authority for use by a non-type certificated aircraft shall be deemed not to purport to indicate that the non-type certificated aircraft is registered in a State in which it is not registered.

20.    Limitation on use of letters for registration marks

    (1) Aircraft nationality and registration marks, shall not comprise of a combination of letters, which might be confused with the five-letter combinations used in the International Code of Signals, Part II.

    (2) An aircraft registration shall not comprise of—

    (a)    the three-letter combinations beginning with the letter "Q" used in the Q Code;

    (b)    the three letter combinations used as distress signal, SOS, or other similar urgent signals such as XXX, PAN, and TTT; or

    (c)    any combination of letters which might be deemed offensive.

21.    Identification plate required

    (1) An owner of an aircraft shall affix to each aircraft registered in Botswana an identification plate which shall be—

    (a)    engraved or stamped with the nationality and registration marks and name and address of the registered owner;

    (b)    made of stainless steel or other fireproof material of suitable physical properties; and

    (c)    secured to the aircraft in a prominent position, near the main entrance, or, in the case of an unmanned free balloon, affixed conspicuously to the exterior of the payload.

    (2) Where an aircraft changes details provided for under subregulation (1)(a), the identification plate shall also be changed.

PART IV
Location of Nationality, Common and Registration Marks (regs 22-27)

22.    Display of registration marks

    The nationality or common mark and registration mark shall be painted or affixed on the aircraft by any other means ensuring a similar degree of permanence and shall be kept clean and visible at all times.

23.    Lighter-than-air aircraft-airships

    (1) The marks on an airship shall appear either on the hull or on the stabiliser surfaces and where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry.

    (2) Where the marks appear on the stabiliser surfaces, they shall appear on the horizontal and on the vertical stabilisers, the marks on the horizontal stabiliser shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers toward the leading edge, the marks on the vertical stabiliser shall be located on each side of the bottom half stabiliser, with the letters and numbers placed horizontally.

24.    Balloons

    (1) The marks required by these Regulations on spherical balloons shall appear in two places diametrically opposite and located near the maximum horizontal circumference of the balloon.

    (2) The marks required by these Regulations on non-spherical balloons other than unmanned free balloons shall appear on each side and shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.

    (3) The side marks required for lighter-than-air aircraft other than unmanned free balloons shall be visible both from the sides and from the ground,

    (4) The marks required for unmanned free balloons shall appear on the identification plate.

25.    Heavier-than-air aircraft

    (1) On heavier-than-air aircraft, the marks shall—

    (a)    appear once on the lower surface of the wing structure; and

    (b)    be located on the left half of the lower surface of the wing structure unless they extend across the whole of the lower surface of the wing structure.

    (2) So far as is possible, the marks shall be located equidistant from the leading and trailing edges of the wings.

    (3) The tops of the letters and numbers shall be toward the leading edge of the wing.

26.    Fuselage and vertical tail surfaces

    (1) On heavier-than-air aircraft, the marks shall appear either on each side of the fuselage or equivalent structure between the wings and the tail surface or on the upper halves of the vertical tail surfaces.

    (2) The marks shall appear on both sides when located on a single vertical tail surface.

    (3) The marks shall appear on the outboard sides of the outer surfaces when located on multi-vertical tail surfaces.

27.    Removal of mark

    (1) When an aircraft that is registered in Botswana is sold, the registered owner shall, before delivery to the purchaser, remove the nationality and registration marks and the 24-bit Mode S transponder address code, where necessary, unless the purchaser is a citizen of Botswana or other legal entity specified under regulation 4.

    (2) Any person who wishes to have the registration marks of his or her aircraft re-assigned to him or her shall apply in writing to the Authority and pay a non-refundable application fee set out in Schedule 2.

PART V
Measurements of Nationality, Common and Registration Marks (regs 28-30)

28.    Size of nationality and registration characters

    The letters and numbers in each separate group of the nationality and registration marks affixed on any aircraft registered in Botswana shall be of equal height.

29.    Lighter-than-air aircraft

    (1) The height of the marks on lighter-than-air aircraft other than unmanned free balloons shall be at least 50 centimetres.

    (2) The measurements of the marks related to unmanned free balloons shall be determined by the State of Registry, taking into account the size of the payload to which the identification plate is affixed.

    (3) In special cases where a lighter-than-air aircraft does not possess parts of sufficient size to accommodate the marks described in subregulation (1), the measurements of the marks shall be determined by the Authority, taking account of the need for the aircraft to be identified readily.

30.    Heavier-than-air aircraft

    (1) The height of the marks on the wings of heavier-than-air aircraft shall be at least 50 centimetres.

    (2) The height of the marks on the fuselage or equivalent structure and on the vertical tail surfaces of heavier-than-air aircraft shall be at least 30 centimetres.

    (3) In special cases where a heavier-than-air aircraft does not possess parts corresponding to those mentioned in subregulations (1) and (2), or if the parts are too small to accommodate the marks described therein, the measurements of the marks shall be determined by the Authority, taking account of the need for the aircraft to be identified readily.

PART VI
Type of Characters for Nationality, Common and Registration Marks (reg 31)

31.    Type of characters

    (1) The letters shall be capital letters in Roman characters without ornamentation and numbers shall be Arabic numbers without ornamentation.

    (2) The width of each character except the letter I and the number 1 and the length of hyphens shall be two-thirds of the height of a character.

    (3) The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background and the thickness of the lines shall be one-sixth of the height of a character.

    (4) Each character shall be separated from that which it immediately precedes or follows, by a space of not less than one-quarter of a character width and a hyphen shall be regarded as a character for this purpose.

PART VII
Register of Nationality, Common and Registration Marks (regs 32-33)

32.    Register of Nationality, Common and Registration Marks

    (1) The Authority shall maintain a current register showing for each aircraft registered, the information recorded in the certificate of registration.

    (2) The register of unmanned free balloons shall contain the date, time and location of release, the type of balloon and the name of the operator.

33.    Identification plate

    (1) An aircraft registered in Botswana shall carry an identification plate inscribed with the name of owner, nationality and registration marks.

    (2) The identification plate shall be secured to the aircraft in a prominent position, near the main entrance, and made of fireproof metal or other fireproof material of suitable physical properties.

    (3) In the case of an unmanned free balloon, affixed conspicuously to the exterior of the payload.

    (4) In the case of a remotely piloted aircraft, secured in a prominent position near the main entrance or compartment or affixed conspicuously to the exterior of the aircraft if there is no main entrance or compartment.

PART VIII
General (regs 34-40)

34.    Documents to be carried

    (1) An aircraft shall not fly unless it carries the documents that it is required to carry under the law of the State in which it is registered.

    (2) An aircraft registered in Botswana shall, when in flight, carry documents in accordance with the instructions given or requirements specified by the Authority.

35.    Production of documents

    A pilot-in-command of an aircraft shall, within a reasonable time after being requested to do so by any person authorised by the Authority, cause to be produced to that person the certificate of registration in force in respect of the aircraft; and such other documents as the aircraft is required to carry when in flight.

36.    Power to inspect and copy records

    The Authority may authorise, in writing, any person to inspect and copy any certificate, document or record which is required to be carried under regulation 19.

37.    Offences

    (1) A person shall not, with intent to deceive—

    (a)    use any certificate, mark, exemption or other document issued or required under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled;

    (b)    lend any certificate, exemption or other document issued or having effect under these Regulations to, or allow it to be used by, any other person; or

    (c)    make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such certificate, mark, exemption or other document.

    (2) In these Regulation a reference to a certificate or other document includes a copy or purported copy of the certificate or other document.

    (3) A person shall not—

    (a)    intentionally damage, alter or render illegible any certificate, entry, code or other record required to be maintained under these Regulations;

    (b)    knowingly make, or procure or assist in the making of any false entry in or material omission from any certificate, code or record; or

    (c)    destroy any certificate, entry, code or record during the period for which it is required under these Regulations to be preserved.

    (4) A person shall not purport to issue any certificate, mark or code for the purposes of these Regulations unless he or she is authorised to do so by the Authority in writing.

38.    General penalty

    Any person who contravenes any of the provisions of these Regulations commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.

39.    Revocation of S.I. No. 21 of 2012

    The Civil Aviation (Aircraft Nationality and Registration Marks) Regulations are hereby revoked.

40.    Savings

    (1) Any certificate of registration issued prior to the commencement of these Regulations shall remain valid until the expiry, or, where the expiry period is not specified, for a period of six months from the commencement of these Regulations, unless otherwise revoked.

    (2) Any nationality marks or registration marks assigned to an aircraft before the commencement of these Regulations shall continue to be valid as if the assignment was done under these Regulations.

SCHEDULE 1

FIGURE A
CLASSIFICATION OF AIRCRAFT

(reg 4(1))

Table I. Classification of aircraft

 

FORM A
APPLICATION FOR AIRCRAFT REGISTRATION

(reg 7)

CAAB Form AIR 101

 

CIVIL AVIATION AUTHORITY OF BOTSWANA

P.O. Box 250, Gaborone, Botswana Tel: +267 388200/3688200 Fax +267 3930165

FLIGHT SAFETY DIRECTORATE

APPLICATION FOR AIRCRAFT REGISTRATION

 

 

 

 

 

FORM B
APPLICATION FOR AIRCRAFT DE-REGISTRATION

(reg 12(2))

CAAB Form AIR 107

 

CIVIL AVIATION AUTHORITY OF BOTSWANA

P.O. Box 250. Gaborone, Botswana Tel: +267 3688200/3688200 Fax +267 3930165

FLIGHT SAFETY DIRECTORATE

APPLICATION FOR DE-REGISTRATION

 

 

 

FORM C
CERTIFICATE OF REGISTRATION TEMPLATE

(reg 8(2))

Certificate Serial No.

 

CIVIL AVIATION AUTHORITY OF BOTSWANA

CERTIFICATE OF REGISTRATION

CAAB Form AIR 202

 

 

1.    Nationality and Registration Marks

2.    Manufacturer and Manufacturer’s Designation of Aircraft

3.    Aircraft Serial No.

 

 

 

4.    Name of Owner:

5.    Address of Owner:

 

6.    It is hereby certified that the above described aircraft has been duly entered on the Register of the Republic of Botswana in accordance with the Convention on International Civil Aviation dated 7 December 1944 and Regulation 6 of the Civil Aviation (Nationality and Registration Marks) Regulations.

Date of Issue:

Signature:

................................................................
For/Civil Aviation Authority of Botswana

 

No Entries or Endorsements may be made on this Certificate of Registration except by Authorised Officer of the Civil Aviation Authority of Botswana.

If this Certificate is lost, kindly return it to the Civil Aviation Authority of Botswana, P.O. Box 250 Gaborone, Botswana.

FORM D
CERTIFICATE OF DE-REGISTRATION

(reg 12(2))

 

 

 

CAAB Form AIR 204

 

 

                REPUBLIC OF BOTSWANA
                                    CIVIL AVIATION AUTHORITY OF BOTSWANA

 

 

CERTIFICATE OF DE-REGISTRATION

 

 

No. B/DRG /              /

 

 

 

Aircraft Make and Model:

 

Serial Number:

 

Registration Marks:

 

Registered Owner

 

Name:

 

Address:

 

 

 

 

 

Date of Deletion from Botswana Civil Aircraft Register:

 

This Certificate of De-registration is Issued pursuant to Regulation 10 of the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2012 in respect of the abovementioned aircraft.

 

 

 

 

 

 

...............................
Date of Issue

...........................................
For/Civil Aviation Authority
of Botswana
                (Signature)

 

 

This certificate is not transferable.

 

 

SCHEDULE 2
FEES

(regs 7(g), 8(3), 10(3), 11(2), 12(3), 13(3), 15(4), 17(8) and 27(2))

        Fees in respect of Certificate of Registration (C of R (in Pula))

        Note: Application fee for any certificate, licence, permit, approval or authorisation issued tinder these Regulations shall be charged P640.00.

Regulation

 

Not exceeding 5700 kg
(weight)

Exceeding 5700 kg (weight)

7(g)

1.    Issuance of Certificate of Registration

 

 

 

    •     General Aviation

556.60

1.113.20

 

    •     Aerial work

1,619.20

3,238.40

 

    •     Commercial Air Transport (Passengers)

1,771.00

3,080.00

    •     Commercial Air Transport (Cargo)

 

    •     Others

825.00

1,650.00

7(g)

2.    Inspection of aircraft outside Botswana for registration

11,000.00
(or US$ equivalent)

16,500.00
(or US$ equivalent)

8(3)

3.    Assignment of 24-bit Mode S transponder address code

506.00

759.00

10(3)

4.    Variation or change of ownership and issue of fresh Certificate of Registration

1,012.00

2,024.00

11(2)

5.    Fees payable for each duplicate of certificate of registration

506.00

759.00

12(3)

6.    Issuance of de-registration certificate

 

 

 

    •     General Aviation

278.30

556.60

 

    •     Aerial Work

556.60

1,113.20

 

    •     Commercial Air Transport (Passengers)

885.50

1,771.00

    •     Commercial Air Transport (Cargo)

 

    •     Other

759.00

1,518.00

13(3)

7.    Re-instatement of Certificate of Registration

137.50

137.50

15(4)

8.    Search of copies of documents/certificate

506.00

759.00

17(8)

9.    Grant of special registration letters

5,060.00

7,590.00

27(2)

10.    Re-assignment of registration marks

2,200.00

3,300.00

CIVIL AVIATION (CERTIFICATION AND LICENSING OF AERODROMES) REGULATIONS

(section 89)

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary Provisions

    1.    Citation

    2.    Interpretation

    3.    Application

    4.    Use of common reference systems

    5.    Requirements for operation of aerodrome

PART II
Certification of Aerodromes

    6.    Categories of aerodromes

    7.    Application of Part II

    8.    Application for certificate

    9.    Conditions for issuance of certificate

    10.    Breach of conditions of certificate and non-conformance with certification requirements

    11.    Aerodrome certificate

    12.    Issuance of certificate

    13.    Validity of certificate

    14.    Renewal of certificate

    15.    Amendment of certificate

    16.    Suspension and cancellation of certificate

    17.    Transfer of aerodrome certificate

    18.    Surrender of certificate

    19.    Charges at certificated aerodromes

    20.    Certificate register

    21.    Notification of information and promulgation of certification status

PART III
Licensing of Aerodromes

    22.    Application of Part III

    23.    Application for a licence

    24.    Conditions for issuance of licence

    25.    Issuance of licence

    26.    Breach of licensing requirements

    27.    Specifications of aerodrome licence

    28.    Validity of licence

    29.    Renewal of licence

    30.    Amendment of licence

    31.    Suspension and cancellation of licence

    32.    Surrender of licence

    33.    Charges at licensed aerodrome

    34.    Transfer of aerodrome licence

    35.    Registered and licensed aerodrome register

    36.    Notification and furnishing of information

    37.    Aerodrome certification continued oversight

    38.    Enforcement

PART IV
Clearance of Obstacles

    39.    Application of Part IV

    40.    Application for an obstacle clearance

PART V
Registration of Aerodrome

    41.    Application of Part V

    42.    Application for registration of aerodrome

    43.    Aerodrome registration permit

    44.    Validity of registration permit

PART VI
Aerodrome Manual

    45.    Application of Part VI

    46.    Requirements for aerodrome manual

    47.    Information to be included in an aerodrome manual

    48.    Amendment of an aerodrome manual

    49.    Application for exemption

PART VII
Offences, Penalties and Savings

    50.    Offences and penalties

    51.    Savings and transition

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

 

S.I. 68, 2022.

PART I
Preliminary Provisions (regs 1-5)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Certification and Licensing of Aerodromes) Regulations.

2.    Interpretation

    In these Regulations unless the context otherwise requires—

    "accident" means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time a person boards the aircraft with the intention of flight until such time the person has disembarked or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

    (a)    a person is seriously injured as a result of—

        (i)    being in the aircraft,

        (ii)    direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or

        (iii)    direct exposure to jet blast,

except when the injury is from a natural cause, self-inflicted or inflicted by other persons, or when the injury is to a stowaway hiding outside an area normally available to passengers and crew;

    (b)    the aircraft sustains damage or structural failure which—

        (i)    adversely affects the structural strength, performance or flight characteristics of the aircraft, and

        (ii)    would normally require major repair or replacement of the affected component, except for engine failure or damage, which is limited to a single engine and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreen, small dents or puncture holes in the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the aerodrome; or

    (c)    the aircraft is missing or is completely inaccessible;

    "accuracy" means a degree of conformance between the estimated or measured value and the true value;

    "aerodrome beacon" means an aeronautical beacon used to indicate the location of an aerodrome from the air;

    "aerodrome category" means a number for an aerodrome determined based on the length (longest) and width of the fuselage of an aircraft normally using the aerodrome;

    "aerodrome certificate" means a certificate issued by the Authority under these Regulations for the operation of an aerodrome;

    "aerodrome elevation" means the elevation of the highest point of a landing area;

    "aerodrome facility and equipment" means a facility and equipment, inside or outside the boundaries of an aerodrome that are constructed or installed and maintained for the arrival, departure or surface movement of an aircraft;

    "aerodrome licence" means a licence issued by the Authority under these Regulations for the operation of an aerodrome;

    "aerodrome manual" means a manual that forms part of an application for a licence or a certificate under these Regulations, including any amendments to the manual, approved by the Authority;

    "aerodrome operator" means an operator of an aerodrome registered, licensed or certificated under these Regulations;

    "aerodrome reference code" means a code used for planning purposes to classify an aerodrome with respect to the critical aircraft characteristics for which the aerodrome is intended;

    "aerodrome reference point" means a designated geographical location of an aerodrome;

    "aerodrome standards" means standards set by the Authority applicable to aerodromes;

    "aeronautical beacon" means an aeronautical ground light visible at all azimuths, either continuously or intermittently, to designate a particular point on the surface of the earth;

    "aeronautical ground light" means any light specially provided as an aid to air navigation, other than a light displayed on an aircraft;

    "aeronautical information circular" means a notice containing information that does not qualify for the origination of a NOTAM, or for inclusion in the Aeronautical Information Publication, but which relates to flight safety, air navigation, technical, administrative or legislative matters;

    "Aeronautical Information Circular (AIC)" means explanatory or advisory information concerning technical, legislative or administrative matters, as well as information on the long-term forecast of major changes in legislation, regulations, procedures or facilities liable to affect flight safety;

    "Aeronautical Information Publication (AIP)" means an Aeronautical Information Publication of a lasting character essential to air navigation, issued by the Authority;

    "air traffic service" means a flight information service, alerting service, air traffic advisory service, or air traffic control service;

    "air traffic service unit" includes an air traffic control unit, flight information centre or air traffic services reporting office;

    "Aircraft Classification Number (ACN)" means a number expressing the relative effect of an aircraft on a pavement for a specified standard sub grade category;

    "aircraft stand" means a designated area on an apron intended to be used for parking an aircraft;

    "Appeals Tribunal" means the Appeals Tribunal established under the Act;

    "apron" means a defined area on an aerodrome intended to accommodate an aircraft for the purpose of loading or unloading of passengers, mail or cargo, fuelling, parking or maintenance;

    "authorised person" means a person authorised by the Authority either generally or in relation to a particular case or class of cases and reference to an authorised person includes a holder for the time being of an office designated by the Authority;

    "balked landing" means a landing manoeuvre that is unexpectedly discontinued at any point below the obstacle clearance altitude/height (OCA/H);

    "certificate" means a certificate issued by the Authority under these Regulations to operate an aerodrome;

    "certified aerodrome" means an aerodrome whose operator has been granted an aerodrome certificate;

    "clearway" means a defined rectangular area under the control of an appropriate authority selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;

    "datum" means a quantity which may serve as a reference or basis for the calculation of other quantities including—

    (a)    accelerate-stop distance available (ASDA), which is the length of the take-off runway available plus the length of the stop way, where provided;

    (b)    landing distance available (LDA), which is the length of the runway which is declared available and suitable for the ground run of an aircraft landing;

    (c)    take-off distance available (TODA), which is the length of the take-off run available plus the length of the clearway, where provided; and

    (d)    take-off run available (TORA), which is the length of runway declared available and suitable for the ground run of an aircraft taking-off;

    "displaced threshold" means a threshold not located at the extremity of a runway;

    "geoid" means an equipotential surface in the gravity field of the earth which coincides with the undisturbed Mean Sea Level extended continuously through the continents;

    "geoid undulation" means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid;

    "incident" means an occurrence other than an accident associated with the operation of an aircraft, which affects or may affect the safety operation of aircraft;

    "intermediate holding position" means a designated position intended for traffic control at which a taxiing aircraft or vehicles stop and hold, until they are cleared to proceed, when so instructed by an aerodrome control tower;

    "landing area" means a part of a movement area intended for the landing or take-off of an aircraft;

    "manoeuvring area" means a part of an aerodrome used for the take-off, landing or taxiing of aircraft, excluding aprons;

    "marker" means an object displayed above ground level in order to indicate an obstacle or delineate a boundary;

    "marking" means a symbol displayed on the surface of a movement area in order to convey aeronautical information;

    "movement area" means a part of an aerodrome which is used for take-off, landing or taxiing of an aircraft, and consists of the manoeuvring area and apron;

    "notify" means shown in Aeronautical Information Publications, Aeronautical Information Circulars, NOTAM, civil aviation publications or any other official publication issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

    "obstacle" means any fixed whether temporary or permanent, and mobile object, or part thereof, that—

    (a)    is located on an area intended for the surface movement of an aircraft;

    (b)    extends above a defined surface intended to protect an aircraft in flight; or

    (c)    stands outside the defined surface and that has been assessed as being a hazard to an air investigation;

    "Obstacle Free Zone (OFZ)" means an airspace above an inner approach surface, inner transitional surfaces, balked lauding surface and a portion of a strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangible mounted one required for air navigation purposes;

    "obstacle limitation surfaces" means a series of surfaces that define the volume of airspace at and around an aerodrome to be kept free of obstacles in order to permit the intended aircraft operations to be conducted safely, and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome;

    "Pavement Classification Number (PCN)" means a number expressing the bearing strength of a pavement for unrestricted operations;

    "recommended practice" means any specification for the physical characteristics configuration, material, performance or procedure, which the uniform application of, is recognised as desirable in the interest of safety, regularity or efficiency of international air navigation;

    "relevant authority" means any authority other than the Civil Aviation Authority whose action may be necessary or complimentary for the implementation of these Regulations;

    "runway" means a defined rectangular area on a land aerodrome prepared for the landing or take-off of an aircraft;

    "runway end safety area (RESA)" means an area symmetrical about the extended runway centreline and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aircraft undershooting or overrunning the runway;

    "runway visual range (RVR)" means the range over which a pilot of an aircraft on the centreline of a runway can see the runway surface markings or the lights delineating the runway or identifying the runway’s centreline;

    "safety" means a state in which the risk of harm to a person, or of property damage is reduced to, and maintained at or below unacceptable level through a continuing process or hazard identification and risk management;

    "safety management system (SMS)" means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;

    "standard" means any specification for physical characteristics, configuration, material, performance, personnel or procedure, which the uniform application of is recognised as necessary for the safety of air navigation;

    "stop way" means a defined rectangular area on the ground at the end of a take-off runway available, prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

    "take-off runway" means a runway intended for take-off only;

    "taxiway" means a defined path on a land aerodrome established for the taxiing of an aircraft and intended to provide a link between one part of the aerodrome and another, including—

    (a)    an aircraft stand taxi lane which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;

    (b)    an apron taxiway which is a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; and

    (c)    a rapid exit taxiway which is a taxiway connected to a runway at an acute angle and designed to allow a landing aircraft to turn off at a higher speed than is achieved on other exit taxiways thereby minimising runway occupancy times;

    "taxiway strip" means an area including a taxiway intended to protect an aircraft operating on a taxiway, and to reduce the risk of damage to an aircraft accidentally running off the taxiway;

    "threshold" means the beginning of a portion of a runway usable for landing;

    "touchdown zone" means a portion of a runway beyond the threshold, intended for the landing of an aircraft on first contact with the runway;

    "vicinity" means a defined airspace around an aerodrome for the control of obstacles that may infringe the obstacle limitation surface around the aerodrome, contained within a radius of 13 kilometres from the aerodrome reference point up to a height of 1500 feet above ground level;

    "wildlife" means any animal on the airside including a feral bird, and a domestic animal out of the control of its owner; and

    "wildlife hazard" means a potential for a damaging aircraft collision with wildlife on or near an aerodrome.

3.    Application

These Regulations shall apply to an aerodrome in Botswana.

4.    Use of common reference systems

    (1) The World Geodetic System-1984 (WGS-84) shall be used as the horizontal reference system to express aeronautical geographical co-ordinates for aerodromes.

    (2) The Mean Sea Level datum shall be used as the vertical reference system (elevation) at an aerodrome.

    (3) Except where notified in the Aeronautical Information Publication or the Aeronautical Information Circular, the Gregorian calendar and Coordinated Universal Time shall be used as the temporal reference system.

    (4) Unless where determined by the Authority, the International System of Units developed and maintained by the General Conference of Weights and Measures (CGPM) shall be used as the standard system of units of measurement.

5.    Requirements for operation of aerodrome

    (1) A person shall not operate an aerodrome in Botswana unless such person has certified, licensed or registered such aerodrome in accordance with these Regulations.

    (2) A certified aerodrome is an aerodrome that—

    (a)    is designated as an international aerodrome; or

    (b)    serves an aircraft having a certificated seating capacity of more than 30 passengers that is engaged in regular air transport operations for the carriage of passengers.

    (3) A licensed aerodrome—

    (a)    is an aerodrome that serves private and public domestic non-scheduled operations; or

    (b)    is a private aerodrome that serves owner authorised traffic only.

    (4) A registered aerodrome is an aerodrome that serves as a temporary airfield open to domestic owner traffic only or an emergency landing ground.

PART II
Certification of Aerodromes (regs 6-21)

6.    Categories of aerodromes

    (1) Aerodromes shall be categorised as follows—

Column I

Column II

Column III

Column IV

Aerodrome Category

Aircraft Category for Fire Fighting

Aircraft Overall Length

Aircraft Maximum Fuselage Width

1.

1

less than 9 m

2 m

2.

2

at least 9 m but less than 12 m

2 m

3.

3

at least 12 m but less than 18 m

3 m

4.

4

at least 18 m but less than 24 m

4 m

5.

5

at least 24 m but less than 28 m

4 m

6.

6

at least 28 m but less than 39 m

5 m

7.

7

at least 39 m but less than 49 m

5 m

8.

8

at least 49 m but less than 61 m

7 m

9.

9

at least 61 m but less than 76 m

7 m

10.

10

at least 76 m but less than 90 m

8 m

    (2) In these Regulations—

    (a)    certified aerodromes shall be classified in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10;

    (b)    licensed aerodromes shall be classified in categories H and 1; and

    (c)    registered aerodromes shall be classified in the following categories—

        (i)    category F, which comprises private aerodromes available for use by an aircraft of a maximum take-off mass not exceeding 7500 kilograms; and only available for use by a domestic, non-commercial owner air traffic and non-commercial owner-authorised air traffic,

        (ii)    category X, which comprises emergency landing grounds as listed in the Botswana AIP, and

        (iii)    category G, which comprises airfields temporarily available for use for a period as shall be authorised by the Authority.

    (3) Notwithstanding subregulation (1), aerodromes shall be categorised as follows—

    (a)    category 2, 3, 4, 5, 6, 7, 8, 9 and 10, comprising aerodromes available for use by both international and domestic air traffic;

    (b)    category 1, comprising aerodromes available for use only by domestic air traffic; and

    (c)    category H, comprising aerodromes available for use only by domestic helicopter operations.

7.    Application of Part II

    This Part shall apply to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10 as set out under regulation 6(1).

8.    Application for certificate

    (1) A person shall not operate an aerodrome unless he or she has been issued an aerodrome certificate by the Authority.

    (2) A person shall apply to the Authority for an aerodrome certificate under subregulation (1), in Form A set out in Schedule 1, and such application shall be accompanied by—

    (a)    two copies of the aerodrome manual, which shall include—

        (i)    an aerodrome operations manual,

        (ii)    SMS Manual,

        (iii)    bird and wildlife hazard management manual, and

        (iv)    an aerodrome emergency plan;

    (b)    a plan of the aerodrome;

    (c)    a copy of an aerodrome establishment certificate;

    (d)    an environmental impact assessment report for initial applicants;

    (e)    an approval for establishment of the aerodrome from an authority responsible for national environmental management;

    (f)    proof of financial capability;

    (g)    particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

    (h)    fees as set out in Part 1 of Schedule 5; and

    (i)    detailed biodata of the key aerodrome management personnel.

    (3) The details of the requirements in subregulation (2) are set out in Schedule 2 Part A and Schedule 3.

9.    Conditions for issuance of certificate

    (1) The Authority may issue a certificate subject to any conditions that the Authority may determine.

    (2) The Authority shall endorse on a certificate the conditions for use of an aerodrome and any other details as may be deemed necessary by the Authority.

10.    Breach of conditions of certificate and non-conformance with certification requirements

    (1) A breach by a certificate holder of any condition subject to which a certificate is issued including any approval, permission or exemption, shall render the certificate invalid.

    (2) The Authority shall impose operating restrictions or sanctions on a certified aerodrome in the event a certificate holder fails to conform to the certification requirements or the aerodrome has unresolved safety concerns.

11.    Aerodrome certificate

    A certificate shall specify the—

    (a)    name and address of an aerodrome operator;

    (b)    name or location of an aerodrome;

    (c)    category of the aerodrome (RFFS) and aerodrome reference code;

    (d)    restrictions, if any, relating to non-compliance with or deviations from the appropriate aerodrome design, operation or equipment standards;

    (e)    period of validity of the certificate; and

    (f)    critical aircraft type.

12.    Issuance of certificate

    (1) The Authority shall issue a certificate in Form B set out in Schedule 1, where the Authority is satisfied that—

    (a)    an applicant and personnel employed by the applicant are adequate in number and have the necessary competency and experience to operate and maintain an aerodrome;

    (b)    an aerodrome manual prepared for the aerodrome and submitted with the application, has the relevant information;

    (c)    the aerodrome facilities, services and equipment are established in accordance with approved standards for the operations the aerodrome is intended to serve;

    (d)    there are operational procedures and their day-to-day application, where applicable, concerning—

        (i)    aerodrome data and reporting,

        (ii)    access to movement area,

        (iii)    aerodrome emergency plan,

        (iv)    rescue and firefighting (RFF),

        (v)    inspection of the movement area,

        (vi)    maintenance of the movement area,

        (vii)    snow and ice control, and other hazardous meteorological conditions,

        (viii)    visual aids and aerodrome electrical systems,

        (ix)    safety during aerodrome works,

        (x)    apron management,

        (xi)    apron safety,

        (xii)    vehicles on the movement area,

        (xiii)    wildlife hazard management,

        (xiv)    obstacles,

        (xv)    removal of disabled aircrafts,

        (xvi)    low visibility operations, and

        (xvii)    compliance of the safety management systems (SMS) with applicable regulations;

    (e)    the aerodrome operating procedure makes satisfactory provision for the safety of an aircraft;

    (f)    an approved safety management system is in place; and

    (g)    the applicant has an approved aviation security program in accordance with the applicable security regulations.

    (2) The Authority shall issue a certificate subject to compliance with—

    (a)    these Regulations;

    (b)    standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and

    (c)    any other condition as may be specified or notified by the Authority in accordance with safety audit and inspection.

    (3) Where the Authority refuses to grant an applicant a certificate, the Authority shall notify the applicant in writing, of the reasons for the refusal not later than 14 days after making that decision.

    (4) The Authority shall following the issuance of a certificate, carry out surveillance and inspections to ensure continuing validity of the certificate and continuing capacity of the aerodrome operator to maintain safe and regular operation of the aerodrome and associated facilities and services.

13.    Validity of certificate

    A certificate issued under these Regulations shall be valid for a period of five years unless the certificate is suspended, cancelled or revoked in accordance with these Regulations.

14.    Renewal of certificate

    (1) A person shall apply to the Authority for a renewal of a certificate in Form C set out in Schedule 1.

    (2) An application under subregulation (1) shall be accompanied by—

    (a)    the aerodrome manual if significant changes have been made following the initial certification;

    (b)    particulars of deviations, if any, from the appropriate design, operation or equipment standards; and

    (c)    renewal fees as set out in Part 2 of Schedule 5.

    (3) An application for renewal shall be submitted 30 days before the expiry of the certificate.

    (4) Where the Authority considers a renewal of the certificate, the renewal shall be subject to compliance with—

    (a)    these Regulations;

    (b)    standards set by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication standards as determined by the Authority; and

    (c)    any other condition as may be specified or notified by the Authority as laid out by safety inspections and audit procedures by the Authority,

before the certificate may be renewed.

15.    Amendment of certificate

    (1) A person shall apply to the Authority for an amendment of a certificate in Form D set out in Schedule 1.

    (2) The Authority may request that the application be accompanied by—

    (a)    two copies of the aerodrome manual;

    (b)    a site plan for the aerodrome;

    (c)    an environmental impact assessment report;

    (d)    approval from any relevant authority;

    (e)    proof of financial capability;

    (f)    particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and

    (g)    fees as set out in Part 1 of Schedule 5.

    (3) Where the requirements under regulation 30(2) are met, the Authority may amend an aerodrome certificate—

    (a)    for a change in the use or operation of the aerodrome;

    (b)    for a change in the boundaries of the aerodrome;

    (c)    where the holder of the aerodrome certificate requests an amendment; or

    (d)    where the Authority deems it necessary.

16.    Suspension and cancellation of certificate

    (1) The Authority may suspend a certificate where—

    (a)    following a safety inspection or audit, it is evident that a holder of the certificate has not complied with these Regulations and has failed to remedy the non-compliance within a period of 30 days after the inspection;

    (b)    the holder of the certificate prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations;

    (c)    the holder of the certificate is under receivership, liquidation or bankruptcy proceedings; or

    (d)    the Authority deems it necessary in the interest of aviation safety.

    (2) The Authority may give notice in writing to the certificate holder, stating reasons for the suspension, and may suspend the certificate for a period not exceeding 30 days.

    (3) A certificate holder who is notified of a suspension in subregulation (2) may submit a response in writing to the Authority within 14 days from receipt of the notice.

    (4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the holder of the certificate.

    (5) A holder of a certificate which has been suspended may appeal against the suspension to the Appeals Tribunal within 30 days of the suspension of the certificate.

    (6) Where a certificate holder makes an appeal under subregulation (5), he or she shall state in writing the reasons why in his or her opinion, the suspension of the certificate shall be varied or set aside.

    (7) The Appeals Tribunal may vary or set aside the suspension made under subregulation (2) on the basis of the reasons given in the appeal under subregulation (5).

    (8) The Authority may cancel the certificate where the holder does not appeal against the suspension of the licence in accordance with subregulation (5), and the Authority shall give the holder of the certificate reasons for such cancellation.

17.    Transfer of aerodrome certificate

    (1) An aerodrome certificate issued under these Regulations shall not be transferred without prior approval in writing of the Authority.

    (2) A certificate holder shall apply to the Authority for an approval to transfer the certificate in Form E set out in Schedule 1.

    (3) Any transfer of the certificate which is not done in accordance with subregulation (2) shall be void and of no effect.

    (4) The Authority shall transfer an aerodrome certificate to a transferee where—

    (a)    an aerodrome operator, at least 60 days before ceasing to operate the aerodrome, notifies the Authority in writing that he or she will cease to operate the aerodrome as of the date specified in the notice;

    (b)    an aerodrome operator notifies the Authority in writing of the name of the transferee;

    (c)    the transferee applies to the Authority in Form F set out in Schedule 1 within 60 days before the aerodrome operator ceases to operate the aerodrome, for the certificate to be transferred to him or her; and

    (d)    the requirements set out in regulation 21 are met.

    (5) An application referred to in subregulation (4)(c) shall include a copy of the notice referred to in subregulation (4)(a).

18.    Surrender of certificate

    (1) Subject to subregulation (2), a certificate holder may surrender the certificate to the Authority at any time.

    (2) A certificate holder who surrenders the certificate shall give the Authority not less than 60 days’ notice in writing.

    (3) The Authority shall cancel the certificate upon the expiry of the notice period in subregulation (2).

    (4) Where, after the expiry of the period in subregulation (2), an aerodrome is abandoned or is not maintained in accordance with the conditions of the certificate, the holder of the certificate shall remove, obliterate or modify any marking in the aerodrome in a manner determined by the Authority.

    (5) A holder of an aerodrome certificate which is suspended or cancelled shall within 30 days of the suspension or cancellation of the certificate, surrender it to the Authority.

19.    Charges at certificated aerodromes

    (1) A certificate holder shall set charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation.

    (2) Where required by the Authority, a certificate holder shall furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome.

    (3) Notwithstanding subregulation (1), the Authority may where necessary, set the maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome, for a specified period of time.

    (4) A certificate holder shall not cause or permit any charges to be made in contravention of subregulation (3).

    (5) A certificate holder shall cause the charges under subregulation (3) to be posted in a conspicuous place at the aerodrome.

20.    Certificate register

    (1) The Authority shall maintain a register of all certificates issued in accordance with these Regulations.

    (2) The register shall contain—

    (a)    the full names of the holder of an aerodrome certificate;

    (b)    the nationality of the certificate holder;

    (c)    information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen (NOTAM), set out in the Civil Aviation (Aeronautical Information Services) Regulations (Cap. 71:01 (Sub. Leg.));

    (d)    the name and location of the aerodrome for which a certificate is issued;

    (e)    the number of the certificate;

    (f)    the validity of the certificate; and

    (g)    any other relevant information.

21.    Notification of information and promulgation of certification status

    An aerodrome operator shall—

    (a)    in the case of a certificate to operate an aerodrome for public use make a notice of the times during which the aerodrome is to be available for take-off and landing of aircraft for public transport or instruction in flying;

    (b)    upon request by an authorised person, furnish information concerning the terms of the certificate; and

    (c)    ensure that the certification status of the aerodrome shall be promulgated in the Aeronautical Information Publication (AIP).

PART III
Licensing of Aerodromes (regs 22-38)

22.    Application of Part III

    This Part shall apply to aerodromes in category I except where otherwise specified.

23.    Application for a licence

    (1) A person shall not operate an aerodrome without a licence issued by the Authority.

    (2) A person shall make an application to the Authority for an aerodrome licence in Form G set out in Schedule 1.

    (3) An application under subregulation (2) shall be accompanied by—

    (a)    an aerodrome manual;

    (b)    a site plan for the aerodrome;

    (c)    an environmental impact assessment report;

    (d)    approval from any relevant authority;

    (e)    particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and

    (f)    fees as set out in Part 2 of Schedule 5.

24.    Conditions for issuance of licence

    (1) A licence may be issued subject to conditions set out in Schedule 4.

    (2) The Authority shall endorse on a licence the conditions for use of an aerodrome and any other details as may be deemed necessary by the Authority.

    (3) Where an applicant requests, or the Authority considers that an aerodrome shall be available for public use, a licence may be issued subject to a condition that the aerodrome shall at all times be available to any person on equal terms and conditions.

    (4) Notwithstanding subregulation (3), an aerodrome operator may refuse an aircraft from using the aerodrome except in an emergency situation.

25.    Issuance of licence

    (1) The Authority shall issue a licence in Form H set out in Schedule 1 where the Authority is satisfied that—

    (a)    an applicant is competent to operate an aerodrome on consideration of the previous conduct and experience of the applicant, the equipment, organisation, staffing, maintenance and other arrangements of the applicant;

    (b)    the physical characteristics of the aerodrome and its surroundings are safe for use by an aircraft; and

    (c)    an applicant for a licence complies with the applicable security regulations as prescribed by the Authority.

    (2) The Authority shall issue a licence subject to compliance with—

    (a)    these Regulations;

    (b)    standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and

    (c)    any other condition as may be specified or notified by the Authority in accordance with safety audit and inspection.

    (3) Where the Authority refuses to grant an applicant a licence, the Authority shall notify the applicant in writing, of the reasons for the refusal not later than 14 days after making that decision.

    (4) The Authority shall, following the issuance of a licence, carry out a surveillance inspection to ensure continuing validity of the licence and capacity of the aerodrome operator to maintain safe and regular operation of the aerodrome and its associated facilities and services.

26.    Breach of licensing requirements

    (1) A breach by an aerodrome operator of any condition to which a licence is issued shall render the licence invalid.

    (2) Notwithstanding subregulation (1), the Authority shall impose operating restrictions or sanctions on a licensed aerodrome in the event of non-conformance with the licensing requirements or any unresolved safety concerns.

27.    Specifications of aerodrome licence

    A licence shall specify—

    (a)    the category of an aerodrome and the aerodrome reference code;

    (b)    restrictions, if any, relating to non-compliance with, or deviations from the appropriate aerodrome design, operation or equipment standards; and

    (c)    the period of validity of the licence.

28.    Validity of licence

    (1) A licence issued under these Regulations shall be valid for a period of one year unless the licence is suspended, cancelled or revoked in accordance with these Regulations.

    (2) A holder of an aerodrome licence which is suspended or cancelled shall within 30 days of the suspension or cancellation, surrender the licence to the Authority.

    (3) Notwithstanding subregulation (2), where an aerodrome licence is suspended for a period of less than 30 days, a holder of the licence shall surrender the licence immediately after the suspension.

29.    Renewal of licence

    (1) An applicant shall make an application to the Authority for the renewal of a licence in Form I set out in Schedule 1.

    (2) An application under subregulation (1) shall be accompanied by—

    (a)    an aerodrome manual where significant changes have been made following the initial licensing;

    (b)    particulars of deviations, if any, from the appropriate design, operation or equipment standards; and

    (c)    renewal fees as set out in Part 2 of Schedule 5.

    (3) An application for renewal of a licence shall be submitted 60 days before the expiry of the licence.

    (4) Where the Authority considers an application for the renewal of a licence, the renewal shall be in compliance with—

    (a)    these Regulations;

    (b)    standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and

    (c)    any other conditions as may be specified or notified by the Authority as determined by safety inspections and audit procedures by the Authority, before the renewal of the licence.

30.    Amendment of licence

    (1) An applicant shall make an application to the Authority for an amendment of a licence in Form J set out in Schedule 1.

    (2) The Authority may request the applicant to submit together with the application under subregulation (1), the following—

    (a)    an aerodrome manual;

    (b)    a site plan for the aerodrome;

    (c)    an environmental impact assessment report;

    (d)    an approval from any relevant authority;

    (e)    particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; or

    (f)    fees as set out in Part 1 of Schedule 5.

    (3) The Authority may, provided that the requirements under this regulation, are met, where necessary, amend a licence—

    (a)    for a change in the use or operation of an aerodrome;

    (b)    for a change in the boundaries of the aerodrome;

    (c)    where a holder of the licence requests an amendment; or

    (d)    where the Authority deems it necessary to do so.

31.    Suspension and cancellation of licence

    (1) The Authority may suspend an aerodrome licence where—

    (a)    after a safety inspection or audit, it is evident that a licence holder has not complied with the requirements under these Regulations, and has failed to remedy the non-compliance within a period of 30 days after the inspection;

    (b)    the licence holder prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations; or

    (c)    the licence holder is under receivership, liquidation or bankruptcy proceedings.

    (2) The Authority shall give notice in writing to the licence holder stating reasons of the suspension, and the Authority may suspend the licence for a period not exceeding 60 days.

    (3) A licence holder who is notified of a suspension in subregulation (2) may submit a response in writing to the Authority within 14 days from the date of the notice.

    (4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the licence holder.

    (5) A holder of a licence which has been suspended may appeal against the suspension to the Appeals Tribunal within 30 days of suspension of the licence.

    (6) Where a licence holder makes an appeal under subregulation (5), he or she shall state in writing the reasons why in his or her opinion, the suspension of the licence shall be varied or set aside.

    (7) Where an aerodrome licence is suspended, the holder of a licence shall—

    (a)    surrender the licence immediately, where the suspension is for a period of less than 30 days; or

    (b)    surrender the licence within 14 days, where the suspension is for a period of more than 30 days.

    (8) The Authority may cancel the licence where the holder does not appeal against the suspension of the licence in accordance with subregulation (5), and the Authority shall give the holder of the certificate reasons for such cancellation.

    (9) A holder of an aerodrome licence which is cancelled shall within 30 days of the cancellation, surrender the licence to the Authority.

32.    Surrender of licence

    (1) Subject to subregulation (2), a licence holder may surrender the licence to the Authority at any time.

    (2) A licence holder who surrenders the licence shall give the Authority at least 30 days’ notice in writing, before the date on which the licence is to be surrendered.

    (3) The Authority shall cancel the licence upon the expiry of the period of notice under subregulation (2).

    (4) Where, after the expiry of the period in subregulation (2), an aerodrome is abandoned or is not maintained in accordance with the conditions of the licence, the holder of the licence shall remove, obliterate or modify the markings made on the aerodrome.

33.    Charges at licensed aerodromes

    (1) A licence holder shall set charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation.

    (2) Where required by the Authority, a licence holder shall, furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome.

    (3) Notwithstanding subregulation (1), the Authority may where necessary, set maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome.

    (4) A licence holder shall not cause or permit any charges to be made in contravention of subregulation (3).

    (5) A holder of a licence of an aerodrome shall cause the set charges under subregulation (3) to be posted in a conspicuous place at the aerodrome.

34.    Transfer of aerodrome licence

    (1) An aerodrome licence issued under these Regulations shall not be transferable and any purported transfer of a controlling interest in the operation of an aerodrome shall be void and of no effect.

    (2) For the purposes of this regulation, transfer of a controlling interest in the operations of an aerodrome includes a transfer of the aerodrome licence.

35.    Registered and licensed aerodrome register

    (1) The Authority shall maintain an aerodrome register for all licences issued or aerodromes registered in accordance with these Regulations.

    (2) The register shall contain—

    (a)    the full names of the licence holder;

    (b)    the nationality of the licence holder;

    (c)    the postal, telephone, facsimile and e-mail addresses of the holder of a licence;

    (d)    the name and location of the aerodrome for which the aerodrome is registered and a licence is issued;

    (e)    the number of the licence;

    (f)    the date on which the licence was issued or the aerodrome was registered; and

    (g)    any other relevant information.

36.    Notification and furnishing of information

    An aerodrome operator shall—

    (a)    in the case of a licence to operate an aerodrome for public use, make a notification of the time during which the aerodrome is available for take-off or landing of an aircraft for public transport or instruction in flying; and

    (b)    upon request, furnish an authorised person with information concerning the terms of the aerodrome licence.

37.    Aerodrome certification continued oversight

    (1) An aerodrome operator shall maintain an aerodrome certification or licensing status through aerodrome certification, safety assessments and aerodrome compatibility studies.

    (2) The aerodrome operational management requirements shall be in accordance with regulation 12(1).

    (3) The procedure under subregulations (1) and (2) shall be as set out in the Civil Aviation PANS-Aerodromes.

38.    Enforcement

    (1) The Authority shall take an enforcement action on an operator of any aerodrome or regulated entity that fails to comply with the provisions of these Regulations.

    (2) An inspector of the Authority holding a valid delegation shall take necessary action to preserve safety where an undesirable condition has been detected.

    (3) The action referred to under subregulation (2) may include in the case of—

    (a)    a regulated entity, the imposition of operating restrictions until such a time that the existing undesirable condition has been resolved; and

    (b)    licensed personnel, require that the individual does not exercise the privileges of the licence or certificate until such a time that the undesirable condition has been resolved.

    (4) When carrying out the enforcement action pursuant to subregulation (2), the inspector of the Authority shall invoke his or her power with due care and act in good faith in the interest of preserving safety.

PART IV
Clearance of Obstacles (regs 39-40)

39.    Application of Part IV

    This Part shall apply to all obstacles of a maximum height of 33 meters or where the site elevation is higher than the established aerodrome elevation.

40.    Application for an obstacle clearance

    (1) An applicant shall apply to the Authority for an obstacle clearance in Form K set out in Schedule 1.

    (2) An application under subregulation (1) shall be accompanied by—

    (a)    proof of ownership of the site;

    (b)    a site plan for the obstacle with co-ordinates in WGS-84 format and height of mast (obstacle);

    (c)    an environmental impact assessment report in case of a permanent obstacle;

    (d)    payment of fees as set out in Part 3 of Schedule 5; and

    (e)    an approval from Botswana Communications Regulatory Authority in case of a telecommunications mast.

    (3) The Authority shall following clearance of the obstacle, carry out a surveillance inspection to ensure that there is continued compliance with the conditions set for obstacle clearance.

    (4) The Authority shall impose an administrative fine to the applicant as set out by the Authority in the Aeronautical Information Publication or Aeronautical Information Circular for failing to comply with the conditions set for obstacle clearance.

PART V
Registration of Aerodrome (regs 41-44)

41.    Application of Part V

    This Part shall apply to Category F aerodromes except where otherwise specified.

42.    Application for registration of aerodrome

    (1) A person shall not operate an aerodrome without a registration permit issued by the Authority.

    (2) A person shall apply to the Authority for registration of an aerodrome, in Form L set out in Schedule 1.

    (3) An application under subregulation (2) shall be accompanied by—

    (a)    a site plan for the aerodrome;

    (b)    an environmental impact assessment report;

    (c)    approval from any relevant authority; and

    (d)    proof of ownership of the site.

    (4) The Authority shall impose an administrative fine to the applicant as set out by the Authority in the Aeronautical Information Publication or Aeronautical Information Circular for failing to comply with the conditions set for the registration of an aerodrome.

43.    Aerodrome registration permit

    (1) The Authority shall upon a successful application issue a registration permit in Form M set out in Schedule 1:

    Provided that—

    (a)    the physical characteristics of the aerodrome and its surroundings are safe for use by an aircraft; and

    (b)    the issuance is subject to compliance with these Regulations and standards determined by the Authority and any other condition as may be specified or notified by the Authority in accordance with safety inspection.

    (2) Where the Authority refuses to grant a registration permit to an applicant, the Authority shall notify the applicant in writing, of the reasons for the refusal within 14 days after the refusal.

    (3) Where the Authority issues a registration permit, the Authority shall carry out a surveillance inspection to ensure continuing validity of the registration permit and capacity of the aerodrome operator to maintain a safe and regular operation of the aerodrome and its associated facilities and services.

44.    Validity of registration permit

    (1) A registration permit issued under these Regulations shall be valid for a period of three years unless the Authority suspends, cancels or revokes it in accordance with these Regulations.

    (2) A person may make an application to the Authority for the renewal of the registration permit in Form N set out in Schedule 1, and the application shall be accompanied by charges as set in the Aeronautical Information Publication or Aeronautical Information Circular.

    (3) A holder of an aerodrome registration permit which is suspended or cancelled shall within 30 days of such suspension or cancellation, surrender the registration permit to the Authority.

    (4) Notwithstanding subregulation (3), where an aerodrome registration permit is suspended for a period of less than 30 days, the permit holder shall surrender the permit immediately.

PART VI
Aerodrome Manual (regs 45-49)

45.    Application of Part VI

    This Part shall apply to all aerodromes except for registered aerodromes as set out in Schedules 2 and 3.

46.    Requirements for aerodrome manual

    (1) Where a person makes an application for an aerodrome certificate or licence, the person shall submit to the Authority the application accompanied by an aerodrome manual for approval.

    (2) The aerodrome manual shall—

    (a)    be typewritten or printed;

    (b)    be signed by the operator;

    (c)    be in a format that is easy to revise;

    (d)    have a system for recording the current pages and any amendments, including a page for logging revisions; and

    (e)    be organised in a manner that facilitates the preparation, review and approval processes.

    (3) An aerodrome operator shall keep at least one approved copy of the aerodrome manual at the aerodrome, and one copy at the principal place of business of the operator where the principal place of the business of the operator is different from the aerodrome.

47.    Information to be included in an aerodrome manual

    (1) An aerodrome manual shall contain information and instructions necessary to enable an employee of an aerodrome to perform his or her duties.

    (2) Notwithstanding subregulation (1), a manual for an aerodrome in category H shall include the particulars provided in Schedule 4.

    (3) Where a person is given an exemption in accordance with these Regulations, the aerodrome manual shall show—

    (a)    the exemption notice number given for the exemption by the Authority;

    (b)    the date the exemption came into effect; and

    (c)    any condition or procedure subject to which the exemption was granted.

48.    Amendment of an aerodrome manual

    (1) For the purpose of maintaining the accuracy of the information in an aerodrome manual—

    (a)    an aerodrome operator shall whenever necessary, amend the aerodrome manual; or

    (b)    the Authority may issue a written directive requiring the aerodrome operator to alter or amend the aerodrome manual.

    (2) Notwithstanding subregulation (1), an aerodrome operator shall submit the proposed amendment to the Authority for approval before the aerodrome manual is amended.

    (3) The Authority shall approve the amendment made to an aerodrome manual where the amendment meets the requirements of these Regulations.

49.    Application for exemption

    (1) A person shall apply to the Authority for an exemption for accuracy and compliance.

    (2) The Authority shall conduct an initial review in accordance with Civil Aviation (Aerodromes Design and Operations) Regulations (Cap. 71:01 (Sub. Leg.)).

    (3) The Authority shall after an initial review in accordance with subregulation (2), conduct an evaluation of an application to determine whether—

    (a)    a proposal by the applicant provides a level of safety equivalent to that established by the regulation from which the exemption is sought;

    (b)    a grant of the exemption would contravene the applicable standards; and

    (c)    the request shall be granted or refused, and any conditions or limitations that may be part of the exemption.

    (4) Where the Authority determines that the application for an exemption meets the requirements under this Part, and that an evaluation of the application’s merits are justified, the Authority shall notify and may publish in the Gazette or at least one local daily newspaper of wide circulation, a detailed summary of the application, for public comment, specifying the date by which the comments are to be received by the Authority for consideration.

    (5) The Authority shall inform the applicant in writing and publish a detailed report of the Authority’s evaluation and decision to grant or deny the application for an exemption.

    (6) The Authority shall upon a successful application by an applicant, issue an exemption.

    (7) The report under subregulation (5) shall specify the duration of the exemption and any condition or limitation of the exemption.

    (8) Where the applicant does not meet the requirements under these Regulations, the Authority shall in accordance with subregulation (5) inform the applicant and no further action shall be taken on that application.

    (9) Where the Authority issues an exemption under subregulation (6), and the exemption affects a significant population of the aviation industry in Botswana, the Authority shall publish the report in the Aeronautical Information Circular.

PART VII
Offences, Penalties and Savings (regs 50-51)

50.    Offences and penalties

    (1) A person who contravenes any provision under these Regulations commits an offence and is liable to a fine or imprisonment or both.

    (2) A person who commits an offence under subregulation (1) shall be liable to a fine of not more than P2 000 000 or to imprisonment for a term not exceeding six months, or to both.

    (3) Where a person continues a contravention under these Regulations, each day of the contravention shall constitute a separate offence, and such person shall be liable to a fine of not more than P50 000 for each day the offence continues:

    Provided that the total amount for the further fine does not exceed P 2 000 000.

    (4) In addition, a person who contravenes any provision of these Regulations may have his or her certificate, licence, approval, authorisation or such other document, revoked or suspended.

    (5) Where the Authority proves that an act or omission by a person, which would otherwise have been a contravention by that person of a provision under these Regulations, was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention of that provision by that person.

51.    Savings and transition

    A licence, certificate, approval or any other document issued to an aerodrome operator prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires or is cancelled by the Authority.

SCHEDULE 1

FORM A
Application for Aerodrome Certificate

(reg 8(2))

 

CAAB-AGA-01

1.    Particulars of the applicant

Full names: .......................................................................................................................

Address: ........................................................................................................................... ..............................................................................................

Postal code: ..........................................................................

Position: ................................................................................

Telephone: ........................................ Fax: ........................................ E-mail address:
........................................................

2.    Particulars of the aerodrome site

Aerodrome name:

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

Real property description:

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

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

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

Geographical co-ordinates of the aerodrome reference point:

Latitude: ............................................................................... Longitude: ....................................
....................................................
(in degrees, minutes and tenths of minutes and in WGS-84 format)

3.    Is the applicant the owner of the aerodrome site?

Yes/No (enclose proof of ownership)

If No, please provide—

    (a)    Details of rights held in relation to the site; and

    (b)    Name and address of the owner of the site and written evidence that permission has been obtained for the site to be used by the applicant as an aerodrome.

4.    Details of aerodrome

Intended commencement date of aerodrome operations: ...............................................................
........................................................................

Operating hours: .......................................................................................................................

Largest type of aircraft expected to operate at aerodrome:
...............................................................................................................................................

Intended aerodrome reference code:

Intended type of runway: Non-instrument/Non-precision

Precision CAT I CAT II CAT III:
...............................................................................................................................................

Annual aerodrome traffic forecast:
...............................................................................................................................................

Intended rescue & fire-fighting category: ......................................................................................
............................................................

5.    Is the aerodrome to be used for regular public transport operations?

Yes/No

6.    Details to be shown on the aerodrome certificate

Aerodrome name:
...............................................................................................................................................
...........................................

 

Aerodrome operator:
...............................................................................................................................................
...........................................

Address:
...............................................................................................................................................
...........................................

Aerodrome category: ................................................................................................................

7.    Application for new certificates and certificate amendments shall be accompanied by the following: (Part 7 is not applicable in case of certificate renewal)—

        three hard copies and three soft copies (three CDs) of the aerodrome manual;

        a plan for the aerodrome;

        an environmental impact assessment report;

        approval from any relevant authority;

        proof of financial capability to operate an aerodrome safely;

        particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

        proof of financial capability to operate an aerodrome safely;

        particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

        particulars of the airspace classification requirements; and

        a topographical map of the proposed aerodrome site as specified by the Authority, indicating contours at one meter intervals.

On behalf of the aerodrome operator shown above, I hereby apply for a certificate to operate the aerodrome.

My authority to act on behalf of the applicant is ..........................................................................
................................................................................................................................................

Signature of the Applicant: ........................................... Date: ....................................................

Name of person making the declaration: .....................................................................................

 

FORM B
Aerodrome Certificate

(reg 12(1))

 

CAAB-AGA-02

Aerodrome Certificate No.: ........................................... Expiry date: .........................................

Name of aerodrome: ................................................................................................................

Aerodrome category: ...............................................................................................................

Location of aerodrome: ............................................................................................................
......................................................

Name and address of aerodrome operator:

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

1.    The Civil Aviation Authority, through the Chief Executive Officer, or his or her delegated authority, acting under the Civil Aviation Act, having—

    (a)    been satisfied that the aerodrome operator is competent to operate and maintain its aerodrome properly, such that it is safe for use by aircraft;

    (b)    accepted that the Aerodrome Operations Manual submitted is accurate and complies with the requirements under the Civil Aviation (Certification and Licensing of Aerodromes) Regulations;

    (c)    checked that the aerodrome operator’s aerodrome facilities, services and equipment comply with the standards specified in the Botswana Manual of Implementing Aerodromes Standards;

    (d)    checked that the aerodrome operator’s aerodrome operating procedures make satisfactory provision for the safety of aircraft; and

    (e)    been satisfied that an acceptable safety management system is in place at the aerodrome.

    Operator’s aerodrome, in exercise of the power contained in Civil Aviation (Certification and Licensing of Aerodromes) Regulations, hereby certifies the above-mentioned aerodrome to be used as a place for the take-off and landing of aircraft, or for such purposes as may be specified by the Chief Executive Officer, or his or her delegated authority, subject to the conditions listed in the schedule in the overleaf.

2.    The aerodrome certificate shall not be transferable to any person without the prior approval in writing of the Authority, and any purported transfer of an aerodrome certificate shall be void and of no effect.

CAAB Authorised Signature: ............................................

Date: .................................................................

Official Stamp

 

FORM C
Application for Renewal of Aerodrome Certificate

(reg 14(1))

 

CAAB-AGA-03

1.    Particulars of the applicant

Full names: ..............................................................................................................................

Address: ..................................................................................................................................
................................................................................................................................................
................................................................................ Postal code: ...........................................

Position: ..................................................................................................................................

Phone: ............................... Fax ............................... E-mail address: ......................................

2.    Particulars of the aerodrome site

Aerodrome name: .....................................................................................................................

Real property description:
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................

Geographical co-ordinates of the aerodrome reference point:

Latitude: ...................................................... Longitude: ..........................................................
(in degrees, minutes and tenths of minutes and in WGS-84 format)

3.    Is the applicant the owner of the aerodrome site?

Yes/No (enclose proof of ownership)

If No, please provide—

    (a)    Details of rights held in relation to the site; and

    (b)    Name and address of the owner of the site and written evidence that permission has been obtained for the site to be used by the applicant as an aerodrome.

4.    Details of aerodrome

Intended commencement date of aerodrome operations: ............................................................

Operating hours: ....................................................................................................................

Largest type of aircraft expected to operate at aerodrome: .........................................................

Intended aerodrome reference code: ........................................................................................

Intended type of runway: Non-instrument/Non-precision

Precision CAT I CAT II CAT III: .................................................................................................

Annual aerodrome traffic forecast: ...........................................................................................

Intended rescue & fire-fighting category: ..................................................................................

5.    Is the aerodrome to be used for regular public transport operations?

Yes/No

6.    Details to be shown on the aerodrome certificate

Aerodrome name: ....................................................................................................................

Aerodrome operator: ................................................................................................................

Address: .................................................................................................................................

Aerodrome category: ................................................................................................................

7.    An application for the renewal of a certificate shall be accompanied by—

        three hard copies and three soft copies (three CDs) of the aerodrome manual;

        proof of financial capability to operate an aerodrome safely; and

        particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards.

On behalf of the aerodrome operator shown above, I hereby apply for a certificate to operate the aerodrome.

My authority to act on behalf of the applicant is: ...........................................................................
................................................................................................................................................

Signature of the applicant: ........................................... Date: ....................................................

Name of person making the declaration: .....................................................................................

FORM D
Application for Amendment of Aerodrome Certificate

(reg 15(1))

 

CAAB-AGA-04

1.    Particulars of the applicant

Full names: ..............................................................................................................................

Address: ..................................................................................................................................
................................................................................................................................................
................................................................................ Postal code: ...........................................

Position: ..................................................................................................................................

Telephone: ............................... Fax: ............................... E-mail: ......................................

2.    Particulars of the aerodrome site

Aerodrome name: .....................................................................................................................

Real property description:

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

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

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

Geographical co-ordinates of the aerodrome reference point:

Latitude: ...................................................................... Longitude ............................................

(in degrees, minutes and tenths of minutes and in WGS-84 format)

3.    Is the applicant the owner of the aerodrome site?

Yes/No (enclose proof of ownership)

If No, please provide—

    (a)    Details of rights held in relation to the site; and

    (b)    Name and address of the owner of the site and written evidence that permission has been obtained for the site to be used by the applicant as an aerodrome.

4.    Details of aerodrome

Intended commencement date of aerodrome operations: ..............................................................

Operating hours: ......................................................................................................................

Largest type of aircraft expected to operate at aerodrome: ...........................................................

Intended aerodrome reference code: ..........................................................................................

Intended type of runway: Non-instrument/Non-precision

Precision CAT I CAT II CAT III: ...................................................................................................

Annual aerodrome traffic forecast: .............................................................................................

Intended rescue & fire-fighting category: ....................................................................................

5.    Is the aerodrome to be used for regular public transport operations?

Yes/No

6.    Details to be shown on the aerodrome certificate

Aerodrome name: ...................................................................................................................

Aerodrome operator: ...............................................................................................................

Address: ................................................................................................................................

Aerodrome category: .............................................................................................................

7.    Application for new certificates and certificate amendments shall be accompanied by the following: (Part 7 is not applicable in case of certificate renewal)—

        three hard copies and three soft copies (three CDs) of the aerodrome manual;

        a plan for the aerodrome;

        an environmental impact assessment report;

        approval from any relevant authority;

        proof of financial capability to operate an aerodrome safely;

        particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

        proof of financial capability to operate an aerodrome safely;

        particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

        particulars of the airspace classification requirements; and

        a topographical map of the proposed aerodrome site as specified by the Authority, indicating contours at one meter intervals.

On behalf of the aerodrome operator shown above, I hereby apply for a certificate to operate the aerodrome.

My authority to act on behalf of the applicant is: ...........................................................................
................................................................................................................................................

Signed: ........................................... Date: ....................................................

Name of person making the declaration: .....................................................................................

FORM E
Application for Approval to Transfer Aerodrome Certificate

(reg 17(2))

 

CAAB-AGA-05

APPLICANT DETAILS

Name of applicant: ....................................................................................................................

Organisation: ............................................................................................................................

Address of applicant: ...............................................................................................................

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

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

Telephone: ......................................................... Website: .......................................................

Fax: ................................................................. E-mail address: ............................................

AERODROME DETAILS (as required to be shown on the certificate)

Name of aerodrome or proposed aerodrome: ............................................................................

ICAO identifier: ................................................................

Telephone: ......................................................................

Fax: ...............................................................................

Website: ........................................................................

E-mail address: ..............................................................

Position of aerodrome relative to nearest settlement: ....................................................................

WGS-84 Latitude and Longitude of aerodrome (ARP): ...................................................................

Local grid reference: ...............................................................................................................

AERODROME SERVICE PROVISION

Please indicate which services are to be provided at the aerodrome:

Air traffic services

Instrument flight procedures

REASON FOR CERTIFICATION

International flights                         Flight training

Commercial air transport                 Other

AERODROME ACTIVITIES

All applicants must complete this section unless applying to SURRENDER an aerodrome certificate.

Which flight regime is to be certificated? (IFR will include VFR) IFR     VFR

Is the aerodrome intended to be used at night?     NO    YES

Is aeronautical ground lighting to be provided?     NO    YES

Level of air traffic control service to be provided (select one):

Air traffic control service

Flight Information Service

Highest Rescue and Fire Fighting Service category to be provided:

Instrument Flight Procedures to be provided (select all that apply)—

STAR                    SID

Non-precision Approach (VOR/DME, NDB)

Precision Approach (ILS, GBAS)

Low Visibility Approach (e.g. Cat II, III)

RNAV/PBN Approach

Circling Approach

Are non-standard procedures required (e.g. steep approach, emergency turn, etc.)?

NO                                            YES

Signed: ................................................................ Date: .....................................................

FORM F
Application for Transfer of Certificate by Transferee

(reg 17(4)(c))

 

CAAB-AGA-06

PART I – Attached hereto is the aerodrome certificate of:

Aerodrome co-ordinates (WGS-84) format: ..............................................................................

Aerodrome category: ....................................... Certificate Number: .......................................

The operator above is transferring the certificate: ......................................................................
                                                            (Name of Aerodrome)

Former aerodrome operator: ....................................... Signature: ..........................................
                                        (Full Names)

PART II – Operator transferring the certificate must complete this section.

Check one: Issue my certificate to operator listed in Part III

Signature of certificate holder: .................................

Physical address: ..................................................................................................................

Mailing address: .....................................................................................................................

Home telephone: ........................ Mobile telephone: .................. Work telephone: ......................

E-mail address: ......................................................................................................................

PART III

I accept the responsibility for the conditions of the above certificate and give consent to operate the aerodrome:

Prospective aerodrome operator: ............................................................
                                                    (Full Names)

Physical address: .................................................................................................................

Mailing address: ...................................................................................................................

Home telephone: ..................... Mobile telephone: ..................... Work telephone: ...................

E-mail address: ....................................................................................................................

Identity/Passport number: .................................... Signature:......................... Date:....................

 

FORM G
Application for Aerodrome Licence

(reg 23(2))

 

CAAB-AGA-07

Applicant must note the following—

    (a)    An application for the issuing of an aerodrome licence, or an amendment thereof, must comply with the provisions of Part III.

    (b)    An application for the renewal of an aerodrome licence must comply with the provisions of Part III.

    (c)    Section 1 of this form must be completed in all cases.

    (d)    All other sections must be completed if applicable to the specific application.

    (e)    The original application must be submitted to the CEO of Civil Aviation Authority of Botswana.

    (f)    Where the required information cannot be furnished in the space provided, the information must be submitted as a separate memorandum and attached hereto.

SECTION 1.    PARTICULARS REGARDING THE APPLICANT

1.1 Full name of Applicant: ......................................................................................................

1.2     (a)    Aerodrome name: ......................................................................................................

    (b)    Geographical position South: .................................... East: ......................................

1.3 Physical address: ................................ 1.4 Postal address: ..............................................

1.5     Telephone number: ............................... 1.6 Telefax number: .............................................

1.7 Mobile telephone number: ......................1.8 E-mail address: ..............................................

1.9 Legal status of applicant/holder (individual/close corporation/company/trust/other—
specify): ........................................

1.10 Registration number in the case of a close corporation/company/trust: ...................................

1.11 Full particulars in respect of the individual/each responsible director/shareholder/partner member/office bearer:

Name Position Identity Nationality Country Permanent residence

 

1.12 Are you the owner of the aerodrome site?

    (a)    If yes, please enclose documents of ownership; and

    (b)    If not, please enclose any documented rights you hold over the site.

SECTION 2.    AERODROME LICENCE

2.1 (a)    Proposed name for aerodrome: .................................................................................

    (b)    Category aerodrome applied for: ...............................................................................

2.2     (a)    For what purpose is the aerodrome intended? ............................................................

    (b)    Operational hours: ...................................................................................................

2.3     (a)    Geographical position:

    South ............. ?-, ............. '-, ............. " East. ........... ?-, ............. .'-, .............. "

    (b)    Elevation: .................................................. m

    (c)    Direction and distance from nearest populous area City/Town/ Village: ..........................

    (d)    Name of and distance from the nearest aerodrome: .....................................................

2.4     (a)    Runway particulars: length: ...................................... width: ......................................

    (b)    Runway plan attached Yes: .................................. No: ................................

2.5 Aerodrome facilities in place—

    (a)    Fire extinguishing service: .............................................................................

    (b)    First aid: .....................................................................................................

    (c)    Rescue equipment: ......................................................................................

    (d)    Fuel (type): .................................................................................................

    (e)    Perimeter fence type: ..................................................................................

    (f)    Other facilities: ...........................................................................................

2.6     Supporting documents:

Mark the appropriate block

        Aerodrome manual

        Environmental impact report

        Consent letter from Ministry responsible for lands where the aerodrome site is on State Land

        Consent letter from Local Land Board and Tribal Authority where the aerodrome site is on tribal land

        Consent letter from the Director of the Department responsible for environmental affairs

        Consent letter from the Director of the Department responsible for wildlife and national parks

        Consent letter from the District Commissioner

        Plans of the aerodrome

    Signature of Applicant: .................................................. Date: .........................................

FORM H
Aerodrome Licence

(reg 25(1))

 

CAAB-AGA-08

Pursuant to Part III of Civil Aviation (Certification and Licensing of Aerodromes) Regulations, the Chief Executive Officer of the Civil Aviation Authority of Botswana hereby grants the following licence, subject to the conditions attached—

1.    Licence number: ................................................ 2.    Expiry date: ..........................................

3.    Aerodrome category: ..........................................................................................................

4.    Description of aerodrome: ....................................................................................................

5.    Name of holder: ..................................................................................................................

6.    Special restrictions: ...........................................................................................................

The aerodrome shall be available for appropriate use by aircraft of maximum take-off mass not exceeding ......................... kg, and shall only be available for use by ...................... air traffic.

7.    Aerodromes inspectorate:

I ......................................................................................... hereby certify that the holder of this licence has been duly licensed in accordance with Part III of the Civil Aviation (Certification and Licensing of Aerodromes) Regulations.

Signature: ........................................................... Date: .........................................

 

FORM I
Application for Renewal of Licence

(reg 29(1))

 

CAAB-AGA-09

Applicant must note the following—

    (a)    An application for the issuing of an aerodrome licence, or an amendment thereof, must comply with the provisions of Part III.

    (b)    An application for the renewal of an aerodrome licence must comply with the provisions of Part III.

    (c)    Section 1 of this form must be completed in all cases.

    (d)    All other sections must be completed if applicable to the specific application.

    (e)    The original application must be submitted to the CEO of Civil Aviation Authority of Botswana.

    (f)    Where the required information cannot be furnished in the space provided, the information must be submitted as a separate memorandum and attached hereto.

SECTION 1. PARTICULARS REGARDING THE APPLICANT

1.1 Full name of Applicant: ......................................................................................................

1.2     (a)    Aerodrome name: ......................................................................................................

    (b)    Geographical Position South: .................................... East: ......................................

1.3 Physical address: ................................ 1.4 Postal address: ..............................................

1.5     Telephone number: ............................... 1.6 Telefax number: .............................................

1.7     Mobile telephone number: ......................1.8 E-mail Address: .............................................

1.9 Legal status of applicant/holder (individual/close corporation/company/trust/other—
specify): ........................................

1.10 Registration number in the case of a close corporation/company/trust:

1.11 Full particulars in respect of the individual/each responsible director/shareholder/partner member/office bearer—

Name Position Identity Nationality Country Permanent residence
number

1.12 Are you the owner of the aerodrome site?

    (a)    If yes, please enclose documents of ownership; and

    (b)    If not, please enclose any documented rights you hold over the site.

SECTION 2. AERODROME LICENCE

2.1 (a)    Proposed name for aerodrome: .................................................................................

    (b)    Category aerodrome applied for: ...............................................................................

2.2     (a)    For what purpose is the aerodrome intended? ............................................................

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

    (b)    Operational hours: ...................................................................................................

2.3     (a)    Geographical position:

    South ............. ?-, ............. '-, ............. " East ...........?-, ............. .'-, .............. "

    (b)    Elevation: .................................................. m

    (c)    Direction and distance from nearest populous area City/Town/ Village: ..........................

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

    (d)    Name of and distance from the nearest aerodrome: .....................................................

2.4 (a)    Runway particulars: length: ...................................... width: ......................................

    (b)    Runway plan attached Yes: .................................. No: ................................

2.5 Aerodrome facilities in place—

    (a)    Fire extinguishing service: .............................................................................

    (b)    First aid: .....................................................................................................

    (c)    Rescue equipment: ......................................................................................

    (d)    Fuel (type): .................................................................................................

    (e)    Perimeter fence type: ..................................................................................

    (f)    Other facilities: ...........................................................................................

2.6     Supporting documents:

Mark the appropriate block

        Aerodrome manual

        Environmental impact report

        Consent letter from Ministry responsible for lands where the aerodrome site is on State land

        Consent letter from Local Land Board and Tribal Authority where the aerodrome site is on tribal land

        Consent letter from the Director of the Department responsible for environmental affairs

        Consent letter from the Director of the Department responsible for wildlife and national parks

        Consent letter from the District Commissioner

        Plans of the aerodrome

    Signature of Applicant: .................................................. Date: .........................................

 

FORM J
Application for Amendment of Licence

(reg 30(1))

 

CAAB-AGA-10

Applicant must note the following—

    (a)    An application for the issuing of an aerodrome licence, or an amendment thereof, must comply with the provisions of Part III.

    (b)    An application for the renewal of an aerodrome licence must comply with the provisions of Part III.

    (c)    Section 1 of this form must be completed in all cases.

    (d)    All other sections must be completed if applicable to the specific application.

    (e)    The original application must be submitted to the CEO of Civil Aviation Authority of Botswana.

    (f)    Where the required information cannot be furnished in the space provided, the information must be submitted as a separate memorandum and attached hereto.

SECTION 1. PARTICULARS REGARDING THE APPLICANT

1.1 Full name of applicant: ......................................................................................................

1.2     (a)    Aerodrome name: ......................................................................................................

    (b)    Geographical position South: .................................... East: ......................................

1.3 Physical address: ................................ 1.4 Postal address: ..............................................

1.5     Telephone number: ............................... 1.6 Telefax number: .............................................

1.7     Mobile telephone number: ......................1.8 E-mail address: .............................................

1.9 Legal status of applicant/holder (individual/close corporation/company/trust/other—
specify): ..........................................................................................................................

1.10 Registration number in the case of a close corporation/company/trust: .................................

1.11 Full particulars in respect of the individual/each responsible director/shareholder/partner member/office bearer:

Name Position Identity Nationality Country of number Permanent residence
number

1.12 Are you the owner of the aerodrome site?

    (a)    If yes, please enclose documents of ownership; and

    (b)    If not, please enclose any documented rights you hold over the site.

SECTION 2. AERODROME LICENCE

2.1 (a)    Proposed name for aerodrome: .................................................................................

    (b)    Category aerodrome applied for: ...............................................................................

2.2     (a)    For what purpose is the aerodrome intended? ............................................................

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

    (b)    Operational hours: ...................................................................................................

2.3     (a)    Geographical Position:

    South ............. ?-, ............. '-, ............. " East. ........... ?-, ............. .'-, .............. "

    (b)    Elevation: .................................................. m

    (c)    Direction and distance from nearest populous area City/Town/ Village: ..........................

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

    (d)    Name of and distance from the nearest aerodrome: .....................................................

2.4 (a)    Runway particulars: length: ...................................... width: ......................................

    (b)    Runway plan attached Yes: .................................. No: ................................

2.5 Aerodrome facilities in place—

    (a)    Fire extinguishing service: .............................................................................

    (b)    First aid: .....................................................................................................

    (c)    Rescue equipment: ......................................................................................

    (d)    Fuel (type): .................................................................................................

    (e)    Perimeter fence type: ..................................................................................

    (f)    Other facilities: ...........................................................................................

2.6     Supporting documents:

Mark the appropriate block

        Aerodrome manual

        Environmental impact report

        Consent letter from Ministry responsible for lands where the aerodrome site is on State land

        Consent letter from Local Land Board and Tribal Authority where the aerodrome site is on tribal land

        Consent letter from the Director of the Department responsible for environmental affairs

        Consent letter from the Director of the Department responsible for wildlife and national parks

        Consent letter from the District Commissioner

        Plans of the aerodrome

SECTION 3. AMENDMENT OF AERODROME LICENCE

3.1 Licence number:                3.2 Expiry date:

3.3     Particulars of amendments applied for:

3.4 Particulars of non-compliance with or deviations from aerodrome design, operation or equipment standards in respect of amendments applied for:

3.5 Particulars of non-compliance with or deviations from airspace classification requirements in respect of amendments applied for:

3.6 Supporting documents:

Mark the appropriate block

        Amended aerodrome operations manual

        Consent letter from the Ministry responsible for lands where the aerodrome site is on State Land

        Consent letter from Local Land Board and Tribal Authority where the aerodrome site is on tribal land

        Consent letter from the Director of the Department responsible for environmental affairs

        Consent letter from the Director of the Department responsible for wildlife and national parks

        Consent letter from the District Commissioner

        Plans of the aerodrome (as amended)

 

    Signature of Applicant: .................................................. Date: .........................................

 

FORM K
Application for Obstacle Clearance

(reg 40(1))

 

CAAB-AGA-11

SECTION 1. APPLICANT DETAILS

    (a)    Full name of Company: ...........................................................................................

    (b)    Aerodrome name ...................................................................................................

    (c)    Physical address:     ..................................................................................................

    (d)    Telephone number: .................................................................................................

    (e)    Cellphone number: .................................................................................................

    (f)    Postal address: .....................................................................................................

    (g)    Telefax number: .....................................................................................................

    (h)    E-mail address: .....................................................................................................

DETAILS OF THE OWNER

Name of Company: ..............................................................................................................

Contact person: ..................................................................................................................

Telephone number: ..............................................................................................................

E-mail address: ....................................................................................................................

STRUCTURE DETAILS

Type of structure: .......................................................................

Superstructure height (m): ...........................................................

Site name total: ........................................................................

Elevation of structure (m): ............................................................

Site plot number: .......................................................................

Elevation data source: ................................................................

Latitude (degrees): .....................................................................

If any other (specify): ..................................................................

Latitude (minutes): .....................................................................

Datum: .....................................................................................

Latitude (seconds): ....................................................................

New structure: ..........................................................................

Longitude (degrees): .................................................................

Shared structure: ..................................................................

Longitude (minutes): .................................................................

Replacement of existing structure: .............................................

Longitude (seconds): ................................................................

Construction start date: (yy ....... mm ......... dd.......)

Co-ordinates data: .....................................................................

Construction end date: (yy ....... mm ......... dd.......)

If any other: ..............................................................................

Guywire/Jib dimension: ..............................................................

Site elevation (m): ......................................................................

Notes: ......................................................................................

Substructure heights (m): ...........................................................

ATTACHED DOCUMENTS

Survey report

Plan/Engineer drawing

GIS/Google earth file

Proof of ownership or lease hold of the land

Other (specify)

APPLICATION AND PAYMENT INFO

Application date: .......................................................................

Payment reference: ...................................................................

Payment date: ..........................................................................

1.1 Legal status of applicant/holder (individual/close corporation/company/trust/other—

specify): ........................................................................................................................

Signature of Applicant: .................................................. Date: .........................

 

FORM L
Application for Registration of an Aerodrome

(reg 42(2))

 

CAAB-AGA-12

SECTION 1. PARTICULARS REGARDING THE APPLICANT

1.1 Full name of applicant: ......................................................................................................

1.2     (a)    Aerodrome name: ......................................................................................................

    (b)    Geographical position South: .................................... East: ......................................

1.3 Physical address: ................................ 1.4 Postal address: ..............................................

1.5     Telephone number: ............................... 1.6 Telefax number: .............................................

1.7     Cellular phone number: ......................1.8 E-mail address: .............................................

1.9 Legal status of applicant/holder (individual/close corporation/company/trust/other –
specify): ..............................................................................................

1.10 Registration number in the case of a close corporation/company/trust: ...............................

1.11 Full particulars in respect of the individual/each responsible director/shareholder/partner member/office bearer:

Name Position Identity Nationality Country of number Permanent residence
number

1.12 Are you the owner of the aerodrome site?

    (a)    If yes, please enclose documents of ownership; and

    (b)    If not, please enclose any documented rights you hold over the site.

 

    Signature of Applicant: .................................................. Date: .........................................

FORM M
Aerodrome Registration Permit

(reg 43(1))

 

CAAB-AGA-13

1.    PARTICULARS OF APPLICANT

    a)    Name/title

    b)    Permanent address

    c)    Telephone

    d)    Fax

    e)    E-mail address

    f)    Physical address

    g)    Residential address

    h)    Occupation

2.    PARTICULARS OF AERODROME:

    a)    Proposed/name of the aerodrome and certificate no. if renewal

    b)    Village

    c)    Ward

    d)    District

    e)    Region

    f)    Position of aerodrome with reference to the nearest town

3.    DETAILS OF CERTIFICATE

    a)    Period for which certificate is required, if less than 12 months:

    b)    Category of certificate required: private/public

    c)    Type and maximum total mass authorised of the heaviest aircraft engaged on flights for the purpose of the commercial transport of passengers and for instructions in flying expected to use the aerodrome:

    d)    Expected average number movements per calendar month of aircraft shown at (c) during the three busiest calendar months of the year (one movement is one take-off or one landing)

    e)    Is the aerodrome to be used for night flying?

    f)    Are you the owner of the aerodrome site? If yes attach copies of title deed.

    If NOT please state, with supporting documentary evidence—

        i.    Details of any rights you hold over the site

        ii.    The period for which you hold these rights

        iii.    The name and address of the owner or tenant whose permission has been obtained for the site to be used as an aerodrome

 

Name and address of Authority

Date and reference of approval

 

Have any of the authorities mentioned above raised any objection to the proposed use of the site as an aerodrome? If the answer is YES please state the authority concerned.

 

 

 

4.    AERODROME DATA

Aerodrome reference point in geographical co-ordinates to the nearest second:

 

Aerodrome elevation to the nearest foot above mean sea level:

Aerodrome reference temperature:

Each runway:

Designators:

True bearing:

Length (metres):

Width (metres)

Slope:

Surface:

Bearing strength:

Strip (grass area surrounding the landing area):

Length (metres):

Width (metres):

Each taxiway:

Width (metres)

Surface:

Apron:

Surface:

Number of parking position:

Stop ways (where provided) Length (metres):

Ground profile:

Clearways (where provided): Length (metres): Ground profile:

Obstacles: significant obstacles on, in the vicinity and on the approaches of the aerodrome, Location (distance in metres and bearing from the aerodrome reference point):

Top elevation (nearest to the next higher foot):

Visual aids: ground marking of runways (runway edge, centreline threshold, threshold designation, taxiway, apron, etc.)

Rescue and fire fighting: the level of protection provided at the aerodrome for aircraft rescue and fire fighting purpose with type and amount of extinguishing agents, equipment and personnel:

5.    AERODROME FACILITIES

Windsock:

Signal square:

Radio communication:

Terminal building:

Hangars/workshops:

Night flying facilities:

Radio navigation aids:

Fuel and oil for aircraft:

Medical facilities (first aid and location of nearest hospital):

Personnel to record aircraft movements at the aerodrome and to undertake maintenance of the aerodrome:

Reporting methods to appropriate authority on emergencies or airport unserviceability:

Provision of air traffic services:

 

6.    AIRSPACE ORGANISATION

The nearest aerodrome in the vicinity:

Name:

Bearing:

Distance (nautical miles):

I hereby certify that the foregoing information is correct in every respect and no relevant information has been withheld.

Date: ........................................... Signature with company seal: ...........................................

INFORMATION

This application for aerodrome certificate should be accompanied with the following—

1.    Wind distribution data at the aerodrome for the determination/approval of the runway orientation.

2.    An area map of scale 1:10,000 or 1:50,000 with the aerodrome runway plotted.

3.    Surveyed information of the aerodrome undertaken by a competent surveying organisation.

4.    Before an aerodrome certificate is granted the Civil Aviation Authority Botswana will require to be satisfied that the physical condition on the manoeuvring area and in the environs of the aerodrome are acceptable, that the scale of equipment provided is adequate, and that the aerodrome is organised, staffed and has maintenance and other arrangements sufficient to ensure the safe operation of the aerodrome and its facilities for the purposes for which the licence or certificate application is for.

5.    Appropriate inspection and aerodrome certification fees including CAAB inspectors visiting the site fees to cover transport and inspector allowances and administrative expenses.

FORM N
Application for Renewal of Registration Permit

(reg 44(2))

 

CAAB-AGA-14

SECTION 4. RENEWAL OF AERODROME LICENCE

4.1 Licence number:                4.2 Expiry date:

4.3     Category of aerodrome applied for:

4.4     Particulars of non-compliance with or deviations from aerodrome design, operation or equipment standards in respect of amendments:

4.5     Particulars of non-compliance with or deviations from airspace classification requirements:

4.6 Supporting documents:

Mark the appropriate block

Aerodrome operations manual

 

Signature of Applicant: .................................................. Date: .........................................

SCHEDULE 2

(regs 8(3) and 45)

PART A — SAFETY MANAGEMENT SYSTEM AT AERODROMES

1.    Safety management

    An aerodrome in Category 2 and above shall have in place a system for managing safety, to which it is—

    (a)    committed;

    (b)    readily identifiable by the personnel of the aerodrome and the personnel of the Authority; and

    (c)    clearly documented in the aerodrome manual.

2.    Interpretation

    In this Schedule, unless the context otherwise requires—

    "Risk" means the combination of the probability, or frequency of occurrence of a defined hazard and the magnitude of the consequences of the occurrence.

3.    Safety objective

    An aerodrome and its facilities, equipment and systems shall be designed and operated such that for any hazard, the combination of the probability of occurrence and the seriousness of the consequences of the hazard occurring do not result in a level of risk that is unacceptable.

4.    Safety management policy statements

    A safety management system (SMS) established at an aerodrome shall include—

    (a)    a statement that the highest priority shall be attached to safely in relation to business activities;

    (b)    a business objective for safety that shall minimise the aerodrome’s contribution to aviation accidents risk to as low as reasonably practicable;

    (c)    a commitment by the aerodrome operator to adopt an explicit and pro-active approach to safety management;

    (d)    a statement of safety-related responsibilities and accountabilities at all levels of the organisation;

    (e)    a commitment to comply with appropriate safety standards;

    (f)    a commitment that the safety assurance process used by external suppliers comply with safety standards and requirements; and

    (g)    an emergency response plan that provides for the orderly and efficiency transition and co-ordination of operations from normal to emergency and back to normal.

5.    Safety management principles

    (1) Whenever practicable, a quantitative safety level shall be derived, maintained and improved for aviation products and services delivered by an aerodrome, and where quantitative safety levels cannot be derived, a qualitative reasoning shall be performed in order to meet the safety objective.

    (2) An aerodrome operator shall assess existing operations, proposed changes, additions or replacements for the operation's safety significance.

    (3) For a service or product, an aerodrome operator shall—

    (a)    identify and record safety requirements for the service or product;

    (b)    identify and record the results of the safety assessment process and evidence that the safety requirements have been met; and

    (c)    maintain records throughout the life of the service or product.

    (4) An aerodrome operator shall—

    (a)    ensure that personnel whose functions impact on safety at the aerodrome are adequate, trained, and qualified for the job they are required to do and for which they have accountability;

    (b)    ensure that there is accountability, at a suitable senior level for the management, development and monitoring of the safety management system;

    (c)    routinely carry out an internal safety audit to provide assurance of the safety activities, and to confirm compliance with the safety requirements and the safety management system;

    (d)    have in place a suitable monitoring arrangement so that an undesirable trend in a service or product performance can be recognised and be subject to remedial action, and in order to achieve this, the aerodrome operator shall in accordance with Part B of this Schedule—

        (i)    establish a reporting system for accident and incident reporting that ensures that the Authority is informed of the aviation safety aspects in connection with the aerodrome, and

        (ii)    investigate safety significant occurrences, identify any failures of the aerodrome operator’s management of safety, and take corrective action where required; and

    (e)    establish and maintain a procedure, which enables tracing of documents and data related to the safety management system, and the procedure shall ensure that—

        (i)    safety related documents and data are available, and

        (ii)    invalid documents and data are destroyed or secured against unintended use.

6.    Safety management strategy

    (1) An aerodrome operator shall establish a process to identify safety shortcomings, so that remedial action can be taken to ensure that safety levels are maintained.

    (2) The basic principles to be applied in the safety management strategy shall include—

    (a)    safety achievement, specifying the means by which the safety performance of the organisation meets the organisation’s safety objectives and derived requirements;

    (b)    safety assurance, specifying the means for providing assurance that a risk is being managed properly and effectively;

    (c)    safety performance monitoring and measurement, specifying the means to verify the safety performance of the organisation and to validate the effectiveness of safety risk controls;

    (d)    safety promotion, specifying the means by which safety issues are communicated within the aerodrome to eliminate unnecessary risks and avoid repeat errors or risks;

    (e)    safety training programme that ensures that personnel are trained and competent to perform SMS duties.

    (3) An aerodrome operator shall develop and maintain a formal process to—

    (a)    ensure that a hazard in an operation is identified;

    (b)    identify changes within the organisation which may affect processes and services, and shall describe arrangements to ensure safety performance before implementing changes; and

    (c)    identify the cause of substandard performance of the safety management systems, determine the implications of substandard performance of the SMS in operation, and eliminate or mitigate such processes which cause substandard performance.

7.    Operational safety assurance documentation

    An aerodrome operator shall produce and maintain safety assurance documentation, and the documentation shall cover—

    (a)    safety related roles and functions;

    (b)    a safety based risk assessment of the roles and functions where practicable;

    (c)    a process of risk management for safety related tasks and functions, to ensure that identified risks remain tolerable;

    (d)    safety performance measurements of the current operations as part of the ongoing risk management; and

    (e)    corrective procedures and measures that modify the original tasks or functions to address inadequate performance.

8.    Safety assurance documentation on systems requiring approval

    (1) An aerodrome operator shall, when intending to—

    (a)    introduce a new system into operation;

    (b)    introduce changes to an existing system; or

    (c)    replace an existing system,

submit an application for approval by the Authority.

    (2) The aerodrome operator shall submit an application for approval where the intended changes affect the approvals in the aerodrome licence.

    (3) Where the aerodrome operator is satisfied that his or her safety requirements, including those issued by the Authority have met the compliance criteria, the operator shall notify the Authority in writing, indicating compliance with the specified safety requirements for any operational system.

9.    Safety assessment methodology

    The safety assessment of an aerodrome shall include—

    (a)    systematic identification of possible hazards to an aircraft;

    (b)    evaluation of the seriousness of the consequences of the hazard occurring;

    (c)    considering the chances of a hazard happening;

    (d)    determining whether the consequent risk is tolerable and within the aerodrome operators acceptable safety performance criteria; and

    (e)    taking action to reduce the severity of the hazard or the probability of it arising in order to reduce the risk to a tolerable level.

10.    Safety auditing of aerodromes

    An aerodrome operator shall carry out an internal safety audit of an aerodrome in order to determine—

    (a)    the level of compliance with requirements;

    (b)    an area and degree of risk, and its effective management; and

    (c)    the competence and performance of personnel responsible for safety.

PART B — AIRCRAFT ACCIDENT AND INCIDENT REPORTING AND INVESTIGATION AT AERODROMES

1.    Aerodrome occurrence reporting

    (1) This Schedule prescribes the requirements for reporting an occurrence or detection of a defect, failure or malfunction at an aerodrome, its components or equipment, which may jeopardise the safe operation of the aerodrome or cause it to become a danger to persons or property.

    (2) The objectives of the aerodrome occurrence reports are—

    (a)    to ensure that knowledge of such occurrences is disseminated so that other persons or organisations may learn from them; and

    (b)    to enable an assessment to be made by any person concerned (whether internal or external to the aerodrome operator) of the safety implications of each occurrence, both the occurrence itself and in relation to previous similar occurrences, so that they may take or initiate any necessary action.

2.    Reportable occurrences and reporting procedures

    (1) An aerodrome operator shall notify the Authority of any accident, serious incident, fatal or serious injury occurring at an aerodrome as soon as practicable after the occurrence, and provide a detailed occurrence report thereafter.

    (2) For the purpose of this Schedule—

        "accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time the person has disembarked, in which—

    (a)    a person is seriously injured as a result of—

        (i)    being in the aircraft,

        (ii)    direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or

        (iii)    direct exposure to jet blast,

except when the injury is from a natural cause, is self-inflicted or inflicted by another person, or when the injury is to a stowaway hiding outside an area normally available to passengers and crew;

    (b)    the aircraft sustains damage or structural failure which—

        (i)    adversely affects the structural strength, performance, or flight characteristics of the aircraft, and

        (ii)    would normally require major repair or replacement of the affected component, except for engine failure or damage, which is limited to a single engine and its cowlings and accessories, propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, or

    (c)    the aircraft is missing or is completely inaccessible;

    "serious incident" includes—

    (a)    a near collision requiring avoidance manoeuvre to avoid a collision or an unsafe situation or where an avoidance action would have been appropriate;

    (b)    a controlled flight into terrain only marginally avoided;

    (c)    an aborted take-off on a closed or engaged runway;

    (d)    a take-off from a closed or engaged runway with marginal separation from an obstacle;

    (e)    a landing or attempted landing on a closed or engaged runway;

    (f)    a take-off or landing incident such as undershooting; or overrunning or running off the side of runways; or

    (g)    a major failure of any navigation aid when a runway is in use;

    "serious injury" means an injury which is sustained by a person in an accident which—

    (a)    requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;

    (b)    results in a fracture of any bone except simple fractures of fingers, toes or nose;

    (c)    involves a laceration which causes severe haemorrhage, nerve, muscle or tendon damage;

    (d)    involves injury to any internal organ;

    (e)    involves a second or third degree burn, or any burn which affects more than five per cent of the body surface; or

    (f)    involves verified exposure to an infectious substance or injurious radiation.

    (3) The aerodrome operator shall notify the Aircraft Accident and Incident Investigation Branch whenever an accident or serious incident occurs on or adjacent to his or her aerodrome in accordance with the provisions of the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations.

    (4) Information to be provided in the reporting and notification of an accident, serious incident or serious injury shall include—

    (a)    the date and local time of occurrence;

    (b)    an exact location of the occurrence with reference to an easily defined geographical point;

    (c)    detailed particulars of the parties involved, including the owner, aerodrome operator, manufacturer, nationality, registration marks, serial numbers, assigned identities of the aircraft and equipment;

    (d)    a detailed description of the sequence of events leading up to the incident;

    (e)    the physical characteristics, environment or circumstances of the area in which the incident occurred and an indication of the access difficulties or special requirements to reach the site;

    (f)    the identification of the person sending the notice and where the incident occurred;

    (g)    in the case of an aircraft accident, the number of crew members, passengers or other persons respectively killed or seriously injured as a result of the accident; and

    (h)    a description of the follow-up action being taken after the incident has occurred.

3.    Aerodrome occurrence records

    (1) An aerodrome operator shall establish and maintain an aerodrome occurrence report for any accident, serious incident, serious injury or any occurrence or event that has a bearing on the safety of aerodrome operations.

    (2) An aerodrome operator shall use the aerodrome occurrence report to monitor and improve the level of operational safety, including reviews of safety standards required.

    (3) The Authority may require the aerodrome operator to produce and provide information contained in the aerodrome occurrence report relating to any safety occurrence or event.

4.    Aircraft accident and incident investigation

    (1) In the event of an accident or serious incident, an aerodrome operator shall carry out his or her own investigation.

    (2) The investigation carried out by the aerodrome operator shall be additional to that carried out by an Aircraft Accident and Incident Investigation Branch to enable the aerodrome operator to assess the safety of aircraft operations at his or her aerodrome.

    (3) The investigator shall be technically competent and possess or have access to the background information, so that the facts and events are interpreted accurately.

    (4) The investigation shall—

    (a)    be a search to establish how the mishap happened and why it occurred, including organisational contributing factors;

    (b)    recommend action to prevent a recurrence; and

    (c)    not be intended to apportion blame.

    (5) The lesson learnt derived from an aerodrome incident or accident investigation shall be disseminated to personnel to provide feedback for safety improvement.

    (6) The Authority may require the aerodrome operator to produce and provide information contained in the aerodrome accident or incident investigation report relating to any such event.

    (7) An aerodrome operator shall inspect his or her aerodrome, as circumstances require, to ensure safety as soon as practicable after any aircraft accident or incident.

SCHEDULE 3
PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORY 2 TO 10

(regs 8(3) and 45)

PART I — GENERAL

    General information, including—

    (a)    the purpose and scope of the aerodrome manual;

    (b)    legal requirement for a certificate and an aerodrome manual as determined in these Regulations;

    (c)    the conditions for use of the aerodrome – a statement to indicate that the aerodrome shall at all times, when it is available for the take-off and landing of an aircraft, be available to any person on equal terms and conditions;

    (d)    the available aeronautical information system and procedures for the aerodrome’s promulgation;

    (e)    the system for recording aircraft movements; and

    (f)    obligations of the aerodrome operator.

PART 2 — PARTICULARS OF THE AERODROME SITE

    General information, including—

    (a)    a plan of the aerodrome showing the main aerodrome facility for the operation of the aerodrome including the location of each wind direction indicator;

    (b)    a plan of the aerodrome showing the aerodrome boundaries;

    (c)    a plan showing—

        (i)    the distance of the aerodrome from the nearest city, town or other populous area, and

        (ii)    the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome; and

    (d)    particulars of the land title of the aerodrome site where the boundaries of the aerodrome are not defined in the land title documents, particulars of the land title to, or interest in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome.

PART 3 — PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL INFORMATION SERVICE

1.    General information including—

    (a)    the name of the aerodrome;

    (b)    the location of the aerodrome;

    (c)    the geographical co-ordinates of the aerodrome reference point determined in terms of the World Geodetic System-1984 reference datum;

    (d)    the aerodrome elevation and geoid undulation;

    (e)    the elevation of—

        (i)    each threshold and geoid undulation,

        (ii)    each runway end and any significant high and low points along the runway, and

        (iii)    the highest point of the touchdown zone of a precision approach runway;

    (f)    the aerodrome reference temperature;

    (g)    details of the aerodrome beacon; and

    (h)    the name of the aerodrome operator and address, telephone and facsimile numbers at which the operator may be contacted at all times.

2.    Aerodrome dimensions and related information

    General information, including—

    (a)    for a runway, the true bearing, designation number, length, width, displaced threshold location, slope, surface type, type of runway, and for a precision approach runway, the existence of an Obstacle Free Zone;

    (b)    length, width and surface type of—

        (i)    strip,

        (ii)    runway end safety areas,

        (iii)    stop ways, and

        (iv)    taxiways;

    (c)    apron surface type and aircraft stands;

    (d)    clearway length and ground profile;

    (e)    visual aids for approach procedures such as—

        (i)    approach lighting type and visual approach slope indicator system (PAPI/APAPI),

        (ii)    marking and lighting of runways, taxiways, and aprons,

        (iii)    other visual guidance and control aids on taxiways including runway holding positions, intermediate holding positions, stop bars, aprons, location and type of visual docking guidance system, and

        (iv)    availability of standby power for lighting;

    (f)    the location and radio frequency of Very High Frequency Omnidirectional Radio Range (VOR) aerodrome checkpoints;

    (g)    the location and designation of a standard taxi route;

    (h)    the geographical co-ordinates and elevation of each threshold;

    (i)    the geographical co-ordinates of an appropriate taxiway centreline points;

    (j)    the geographical co-ordinates of each aircraft stand;

    (k)    the geographical co-ordinates and the top elevation of significant obstacles in the approach and take-off area, in the circling area, and in the vicinity of the aerodrome. (This information may best be shown in the form of charts such as those required for the preparation of Aeronautical Information Publications);

    (l)    pavement surface type and bearing strength using the Aircraft Classification Number-Pavement Classification Number method;

    (m)    one or more pre-flight altimeter check locations established on an apron, and their elevation;

    (n)    declared distances including take-off run available, take-off distance available, accelerate stop distance available and landing distance available;

    (o)    disabled aircraft removal plan which has—

        (i)    the telephone, telex, facsimile number and e-mail address of the aerodrome co-ordinator for the removal of a disabled aircraft on or adjacent to the movement area, and

        (ii)    information on the capability to remove a disabled aircraft, expressed in terms of the largest type of aircraft which the aerodrome is equipped to remove; and

    (p)    rescue and fire-fighting details of the—

        (i)    level of protection provided, expressed in terms of the category of the rescue and fire-fighting services, which shall be in accordance with the longest aircraft normally using the aerodrome, and

        (ii)    type and amount of extinguishing agents available at the aerodrome.

Note – The accuracy of the information in Part 3 is critical to aircraft safety. Information requiring engineering survey and assessment shall be gathered or verified by a qualified technical person.

PART 4 — PARTICULARS OF THE AERODROME OPERATING PROCEDURES AND SAFETY MEASURES

1.    Aerodrome reporting

    Particulars of the procedure for reporting any changes to the aerodrome information set out in the Aeronautical Information Publication and Aeronautical Information Circular, and the procedure for requesting the issue of NOTAMs, including—

    (a)    an arrangement for reporting any change to the Authority and recording the reporting of changes during and outside the normal hours of aerodrome operations;

    (b)    the name and role of any person responsible for notifying the changes, and his or her telephone number during and outside the normal hours of aerodrome operations; and

    (c)    the address, telephone and facsimile numbers, as provided by the Authority, of the place where a change is to be reported to the Authority.

2.    Access to the aerodrome movement area

    Particulars of the procedure that has been developed and is to be followed in co-ordination with the agency responsible for preventing unlawful interference in civil aviation at the aerodrome, and for preventing unauthorised entry of a person, vehicle, equipment, animal or other thing into the movement area, including—

    (a)    the role of an aerodrome operator, an aircraft operator, aerodrome fixed-base operator, aerodrome security entity, Authority and other Government departments, as applicable, and;

    (b)    the personnel responsible for controlling access to the aerodrome, and the telephone numbers for contacting them during and after working hours.

3.    Aerodrome emergency plan

    Particulars of the aerodrome emergency plan, including—

    (a)    a plan for dealing with any emergency occurring at the aerodrome or in its vicinity, including the malfunction of an aircraft in flight, structural fires, sabotage, bomb threats (aircraft or structure), unlawful seizure of aircraft, and incidents on the aerodrome covering "during the emergency" and "after the emergency" considerations;

    (b)    details of tests and aerodrome facilities and equipment to be used in an emergency, including frequency of the tests;

    (c)    details of exercises to test emergency plans, including the frequency of those exercises;

    (d)    a list of organisations, agencies and persons of authority, both on or off-aerodrome, for site roles; their telephone and facsimile numbers, e-mail addresses and the radio frequencies of their offices;

    (e)    the establishment of an aerodrome emergency committee to organise training and other preparations for dealing with emergencies; and

    (f)    the appointment of an on-scene commander for the overall emergency operation.

4.    Rescue and fire-fighting

    Particulars of the facilities, equipment, personnel and procedure for meeting the rescue and fire-fighting requirements, including the name and role of a person responsible for dealing with the rescue and fire-fighting services at the aerodrome.

5.    Inspection of the aerodrome movement area and obstacle limitation surface by the aerodrome operator

    Particulars of the procedure for the inspection of the aerodrome movement area and obstacle limitation surfaces, including—

    (a)    an arrangement for carrying out an inspection, including runway friction and water depth measurements on a runway or taxiway, during and outside the normal hours of aerodrome operations;

    (b)    an arrangement and means of communicating with air traffic control during an inspection;

    (c)    an arrangement for keeping an inspection logbook, and the location of the logbook;

    (d)    details of inspection intervals and times;

    (e)    inspection checklist;

    (f)    an arrangement for reporting the results of an inspection and for taking a prompt follow-up action to ensure correction of an unsafe condition; and

    (g)    the name and role of a person responsible for carrying out an inspection, and his or her telephone number during and after working hours.

6.    Visual aids and aerodrome electrical systems

    Particulars of the procedure for the inspection and maintenance of aeronautical lights, obstacle lighting, signs, markers and aerodrome electrical systems, including—

    (a)    an arrangement for carrying out an inspection during and outside the normal hours of aerodrome operation, and the checklist for such an inspection;

    (b)    an arrangement for recording the results of the inspection and for taking follow-up action to correct deficiencies;

    (c)    an arrangement for carrying out routine maintenance or emergency maintenance;

    (d)    an arrangement for secondary power supply and, where applicable, the particulars of any other method of dealing with the partial or total system failure; and

    (e)    personnel responsible for the inspection and maintenance of the lighting, and the telephone numbers for contacting the personnel during and after working hours.

7.    Maintenance of the movement area

    Particulars of the facilities and procedure for the maintenance of the movement area, including arrangements for maintenance of—

    (a)    paved areas;

    (b)    runways and taxiways;

    (c)    runway and taxiway strips; and

    (d)    aerodrome drainage.

8.    Aerodrome works-safety

    Particulars of the procedure for planning and carrying out construction and maintenance work safely (including work that may have to be carried out at short notice) on or in the vicinity of the movement area which may extend above an obstacle limitation surface, including—

    (a)    an arrangements for communicating with air traffic control during the progress of such work;

    (b)    the names, telephone numbers and roles of persons and organisations responsible for planning and carrying out the work, and arrangements for contacting those persons and organisations at all times;

    (c)    the names and telephone numbers, during and after working hours, of the aerodrome fixed-base operators, ground handling agents and aircraft operators who are to be notified of the work;

    (d)    a distribution list for work plans, where required; and

    (e)    post hazard warning notices to that effect on any public way that is adjacent to the construction or works area.

9.    Apron management

    Particulars of the apron management procedures, including—

    (a)    an arrangement between an air traffic control unit and the apron management unit;

    (b)    an arrangement for allocating aircraft parking positions;

    (c)    an arrangement for initiating engine start and ensuring clearance of aircraft pushback;

    (d)    marshalling service; and

    (e)    leader (van) service.

10.    Apron safety management

    Procedures to ensure apron safety, including—

    (a)    protection from jet blasts;

    (b)    enforcement of safety precautions during aircraft refuelling operations;

    (c)    apron sweeping;

    (d)    apron cleaning;

    (e)    an arrangement for reporting an incident or an accident on an apron; and

    (f)    an arrangement for auditing the safety compliance of all personnel working on the apron.

11.    Airside vehicle control

    Particulars of the procedure for the control of a surface vehicle operating on or in the vicinity of the movement area, including—

    (a)    details of the applicable traffic rules (including speed limits and the means of enforcing the rules); and

    (b)    the method of issuing a driving permit for operating a vehicle in the movement area.

12.    Birds and wildlife hazard management

    This shall apply to all categories of aerodromes. Particulars of the procedure to deal with the danger posed to an aircraft operation by the presence of birds or mammals in the aerodrome flight pattern or movement area, including—

    (a)    an arrangement for assessing birds and wildlife hazards;

    (b)    an arrangement for implementing birds and wildlife control programmes; and

    (c)    the name and role of a person responsible for dealing with birds and wildlife hazards, and his or her telephone number during and after working hours.

13.    Obstacle control

    Particulars setting out the procedures for—

    (a)    monitoring the obstacle limitation surfaces and Type A chart for obstacles in the take-off surface;

    (b)    controlling an obstacle within the authority of the aerodrome operator;

    (c)    monitoring the height of a building or structure within the boundaries of the obstacle limitation surfaces;

    (d)    controlling new developments in the vicinity of an aerodrome; and

    (e)    notifying the Authority of the nature and location of an obstacle, and subsequent addition or removal of an obstacle for action as necessary, including an amendment of the Aeronautical Information Services publications.

14.    Removal of disabled aircraft

    Particulars of the procedures for removing a disabled aircraft on or adjacent to the movement area, including the following—

    (a)    the roles of the aerodrome operator and the holder of the aircraft operator certificate;

    (b)    an arrangement for notifying the aircraft operator;

    (c)    an arrangement for liaising with the air traffic control unit;

    (d)    an arrangement for obtaining equipment and personnel to remove the disabled aircraft; and

    (e)    the role and telephone numbers of personnel responsible for arranging for the action as necessary, including amendment of the aeronautical information service publications.

15.    Handling of hazardous materials

    (1) Particulars of the procedure for the safe handling and storage of a hazardous material on the aerodrome, including—

    (a)    an arrangement for a special area of the aerodrome to be set up for the storage of inflammable liquids (including aviation fuels) and any other hazardous material; and

    (b)    the method to be followed for the delivery storage, dispensing and handling of hazardous material.

    (2) For the purpose of this paragraph "hazardous material" includes an inflammable liquid, solids, corrosive liquid, compressed gas and magnetised or radioactive materials.

16.    Low visibility operations

    Particulars of a procedure to be introduced for low-visibility operations, including the—

    (a)    measurement and reporting of runway visual range as and when required; and

    (b)    telephone numbers of personnel responsible for measuring the runway visual range.

17.    Protection of sites for radar and navigational aids

    Particulars of the procedure for the protection of sites for radar and radio navigational aids located on the aerodrome to ensure that their performance will not be degraded, including an arrangement for—

    (a)    the control of any activity in the vicinity of radar and navigational aids installations;

    (b)    ground maintenance in the vicinity of the installations; and

    (c)    the supply and installation of signs warning of hazardous microwave radiation.

Note 1 – When writing the procedure for each category, clear and precise information shall be included on—

    (a)    when, or in what circumstances an operating procedure is to be activated;

    (b)    how an operating procedure is to be activated; and

    (c)    actions to be taken, the kind of equipment necessary for carrying out the actions and access to such equipment.

Note 2 – Where any of the procedures specified above are not relevant or applicable, reasons shall be given.

PART 5 — AERODROME ADMINISTRATION AND SAFETY MANAGEMENT SYSTEM

1.    Aerodrome administration

    Particulars of the aerodrome administration, including—

    (a)    an aerodrome organisational chart showing the names and positions of key personnel, including their responsibilities;

    (b)    the name, position and telephone number of a person who has overall responsibility for aerodrome safety; and

    (c)    aerodrome committees.

2.    Safety management system

    Particulars of the safety management system established for ensuring compliance with safety requirements and achieving continuous improvement in safety performance, the essential features are—

    (a)    a safety policy, in so far as applicable, on the safety management process and its relation to the operational and maintenance process;

    (b)    a structure or organisation of the safety management system, including staffing and the assignment of individual and group responsibilities for safety issues;

    (c)    safety management system strategy and planning, such as setting safety performance target, allocating priorities for implementing safety initiative and providing a framework for controlling the risks to as low a level as is reasonably practicable, keeping always in view the requirements of the prescribed standards and recommended practice, and Regulations;

    (d)    safety management system implementation, including facilities, methods and procedures for the effective communication of safety messages, and the enforcement of safety requirements;

    (e)    a system for the implementation of, and action on, critical safety areas which require a higher level of safety management integrity (safety measures programme);

    (f)    measures for safety promotion and accident prevention, and a system for risk control, involving analysis and handling of an accident, incident, complaint, defect, fault, discrepancies and failures, and continuing safety monitoring;

    (g)    an internal safety audit and review system detailing the systems and programmes for quality control of safety;

    (h)    a system for documenting safety-related aerodrome facilities as well as aerodrome operational and maintenance records, including information on the design and construction of aircraft payments and aerodrome lighting. The system shall enable easy retrieval of records including charts;

    (i)    personnel training and competency, including the review and evaluation of the adequacy of training provided to personnel on safety-related duties and of the certification system for testing the personnel’s competency; and

    (j)    incorporation and enforcement of safety-related clauses in the contract for construction work at the aerodrome.

SCHEDULE 4
PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORY 1

(regs 24(1) and 47(2))

PART I — GENERAL

    General information, including—

    (a)    the purpose and scope of the aerodrome manual;

    (b)    the legal requirement for an aerodrome licence and an aerodrome handbook provided for in these Regulations;

    (c)    conditions for use of the aerodrome – a statement to indicate that the aerodrome shall at all times, when it is available for the take-off and landing of an aircraft, be available to any person on equal terms and conditions;

    (d)    the available aeronautical information system and procedure for the aeronautical information system’s promulgation;

    (e)    the system for recording aircraft movements; and

    (f)    obligations of the aerodrome operator.

PART 2 — PARTICULARS OF THE AERODROME SITE

    General information, including a plan—

    (a)    of the aerodrome showing the main aerodrome facilities for the operation of the aerodrome including, particularly, the location of each wind direction indicator;

    (b)    of the aerodrome showing the aerodrome boundaries; and

    (c)    showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome.

PART 3 — PARTICULARS OF AN AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL INFORMATION SERVICE (AIS)

1.    General information, including—

    (a)    the name of the aerodrome;

    (b)    the location of the aerodrome;

    (c)    the geographical co-ordinates of the aerodrome reference point determined in terms of the World Geodetic System-1984 (WGS-84) reference datum;

    (d)    the aerodrome elevation;

    (e)    points along the runway, and the highest elevation of the touchdown zone of a precision approach runway;

    (f)    the aerodrome reference temperature; and

    (g)    the name of the aerodrome operator and the address, telephone and facsimile numbers at which the aerodrome operator may be contacted.

2.    Aerodrome dimensions and related information

General information, including—

    (a)    for a runway, the true bearing, designation number, length, width, displaced threshold location, slope, surface type, type of runway, and, for a precision approach runway, the existence of an Obstacle Free Zone;

    (b)    the length, width and surface type of strip;

    (c)    an apron surface type and aircraft stands;

    (d)    one or more pre-flight altimeter check locations established on an apron and their elevation; and

    (e)    rescue and fire-fighting plan.

Note – The accuracy of the information in this Part is critical to aircraft safety. Information requiring engineering survey and assessment shall be gathered or verified by a qualified technical person.

PART 4 — PARTICULARS OF THE AERODROME OPERATING PROCEDURES AND SAFETY MEASURES

1.    Aerodrome reporting

    Particulars of the procedure for reporting any change to the aerodrome information set out in the AIP and AIC, and procedures for requesting the issue of NOTAMs, including—

    (a)    an arrangement for reporting any change to the Authority and recording the reporting of changes during and outside the normal hours of the aerodrome operations;

    (b)    the name and role of a person responsible for notifying the changes, and his or her telephone numbers during and outside the normal hours of aerodrome operations; and

    (c)    the address and telephone and facsimile numbers, as provided by the Authority, of the place where changes are to be reported to the Authority.

2.    Access to an aerodrome movement area

    Particulars of the procedure that has been developed and is to be followed in co-ordination with the agency responsible for preventing unlawful interference in civil aviation at the aerodrome, and for preventing unauthorised entry of persons, vehicles, equipment, animals or other things into the movement area, including—

    (a)    the role of the aerodrome operator, aircraft operator, aerodrome fixed-base operator, aerodrome security entity, Authority and other Government departments, as applicable;

    (b)    the personnel responsible for controlling access to the aerodrome, and the telephone number for contacting the personnel during and after working hours;

    (c)    an inspection checklist;

    (d)    an arrangement for reporting the results of an inspection, and for taking prompt follow-up action to ensure correction of an unsafe condition; and

    (e)    the name and role of a person responsible for carrying out an inspection, and his or her telephone number during and after working hours.

3.    Maintenance of the movement area

    Particulars of the facility and procedure for the maintenance of the movement area, including—

    (a)    an arrangement for maintaining the unpaved runways and taxiways;

    (b)    an arrangement for maintaining the runway and taxiway strips; and

    (c)    an arrangement for the maintenance of the aerodrome drainage.

4.    Aerodrome works – safety

    Particulars of the procedure for planning and carrying out construction and maintenance work safely (including work that may have to be carried out at short notice) on or in the vicinity of the movement area which may extend above an obstacle limitation surface, including—

    (a)    the name, telephone number and role of the person or organisation responsible for planning and carrying out the work, and an arrangement for contacting the person and organisations at all times; and

    (b)    a distribution list for work plans, where required.

5.    Birds and wildlife hazard management

    Particulars of the procedure to deal with the danger posed to aircraft operations by the presence of birds or mammals in the aerodrome flight pattern or movement area, including the following—

    (a)    an arrangement for assessing birds and wildlife hazards;

    (b)    an arrangement for implementing birds and wildlife control programmes; and

    (c)    the name and role of the person responsible for dealing with birds and wildlife hazards, and their telephone numbers during and after working hours.

6.    Obstacle control

    Particulars setting out the procedures for—

    (a)    monitoring the obstacle limitation surfaces and Type A Chart for obstacles in the take-off surface;

    (b)    controlling an obstacle within the authority of the aerodrome operator;

    (c)    monitoring the height of buildings or structures within the boundaries of the obstacle limitation surfaces;

    (d)    controlling new developments in the vicinity of aerodromes; and

    (e)    notifying the Authority of the nature and location of an obstacle and subsequent addition or removal of an obstacle for action as necessary, including amendment of the AIS publications.

7.    Handling of hazardous materials

    (1) Particulars of the procedure for the safe handling and storage of hazardous materials on the aerodrome, including—

    (a)    an arrangement for a special area of the aerodrome to be set up for the storage of inflammable liquids (including aviation fuels) and any other hazardous materials; and

    (b)    a method to be followed for the delivery storage, dispensing and handling of hazardous materials.

    (2) For the purposes of subparagraph (1), "hazardous materials" include inflammable liquids and solids, corrosive liquids, compressed gases and magnetised or radioactive materials.

8.    Protection of sites for radar and navigational aids

    Particulars of the procedure for the protection of sites for radar and radio navigational aids located on the aerodrome to ensure that their performance will not be degraded, including an arrangement for—

    (a)    the control of activities in the vicinity of radar and navigational aids installations;

    (b)    ground maintenance in the vicinity of the installations; and

    (c)    an arrangement for the supply and installation of signs warning of hazardous microwave radiation.

Note 1 – When writing the procedure for each category, clear and precise information shall be included on—

        (i)    when, or in what circumstances, an operating procedure is to be activated,

        (ii)    how an operating procedure is to be activated,

        (iii)    actions to be taken, and

        (iv)    the equipment necessary for carrying out the actions, and access to such equipment.

Note 2 – Where any of the procedures specified above are not relevant or applicable, a reason shall be given.

SCHEDULE 5
FEES

(regs 8(2)(h), 14(2)(c), 15(2)(g), 23(3)(f), 29(2)(c), 30(2)(f) and 40(2)(d))

PART 1

Fees Category

in Pula

Aerodrome
(Inspection Fees)

 

Existing Aerodrome

 

Category A

948.75

Category B

948.75

Category C

948.75

Category D

948.75

Category E

948.75

Category BWA, BWB, BWC

4,743.75

Existing Helipad

 

Category A

948.75

Category B

948.75

Category C

948.75

Category D

948.75

Category E

948.75

Category BWA, BWB, BWC

4,743.75

Intended aerodrome site

 

Category A

1,897.50

Category B

1,897.50

Category C

1,897.50

Category D

1,897.50

Category E

1,897.50

Category BWA, BWB, BWC

9,487.50

Intended Helipad site

 

Category A

1,897.50

Category B

1,897.50

Category C

1,897.50

Category D

1,897.50

Category E

1,897.50

Category BWA, BWB, BWC

9,487.50

Amendment/Replacement

 

Category A

2,530.00

Category B

1,265.00

Category C

948.75

Category D

632.50

Category E

948.75

BWA

24,035.00

BWB

18,975.00

BWC

15,180.00

PART 2

Fees in respect of aerodromes for issue or renewal of a licence or certificate (in Pula)

Licence category

 

Issuance

Renewal

A

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilising aircraft not exceeding maximum weight authorised of 21000 kg

11,000.00

5,060.00

B

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilising aircraft not exceeding maximum weight authorised of 5700 kg

4,400.00

2,530.00

C

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilising aircraft not exceeding maximum weight authorised of 3500 kg

2,200.00

1,897.50

D

Aerodromes intended for private use utilising aircraft not exceeding maximum weight authorised of 5700 kg

1,650.00

1,265.00

E

Public and private aerodromes which are available for use by helicopters

1,100.00

948.75

BWA

Available for use by aircraft of maximum certificated take-off mass of 80 000 kg or more

27,830.00

24,035.00

BWB

Available for use by aircraft of maximum certificated take-off mass of 80 000 kg

22,770.00

18,975.00

BWC

Available for use by aircraft of maximum certificated take-off mass not exceeding 40 000 kg

18,975.00

15,180.00

Any costs involved in providing transport for the purpose of inspecting an aerodrome, in connection with its certification and licensing, shall be borne by the holder of the certificate or licence of that aerodrome.

 

PART 3

Fees in respect of obstacle clearance and document approvals (in Pula)

Obstacle Clearance

948.75 per structure

Initial Evaluation of each manual/document

440.00

Re-evaluation of each manual/document

110.00

Each manual or document to be approved/accepted by CAAB

220.00

 

CIVIL AVIATION (SURVEILLANCE AND COLLISION AVOIDANCE SYSTEM) REGULATIONS

(section 89(1))

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary Provisions

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Requirements for surveillance facility

    5.    Approval requirement

    6.    Inspections and audits

    7.    Siting and installation

    8.    Classification of surveillance facilities

    9.    Availability and reliability of surveillance facility

    10.    Protection of surveillance radio signals from reflectors or diffractors

    11.    Periodic inspection and testing of surveillance facility

    12.    Retention of surveillance data

    13.    Recording and replay of ATS surveillance data

PART III
Secondary Surveillance Radar (SSR)

    14.    Secondary Surveillance Radar (SSR) operations

    15.    Commissioning requirements

    16.    System recording and replay facilities

    17.    Interrogation modes (ground-to-air)

    18.    Side-lobe suppression

    19.    Transponder reply modes (air-to-ground)

    20.    Mode A reply codes (information pulses)

    21.    Mode S airborne equipment capability

    22.    Capability reporting in Mode S squitter

    23.    Extended Length Message (ELM) transmit power

    24.    Secondary Surveillance Radar (SSR) Mode-S address (aircraft address)

    25.    Human factors principles

PART IV
Airborne Collision Avoidance System (ACAS)

    26.    ACAS I general provisions and characteristics

    27.    ACAS I signal format

    28.    Interference control

    29.    General provisions relating to ACAS II and ACAS III

    30.    Surveillance performance requirements for ACAS II and ACAS III

    31.    Traffic advisories

    32.    Threat detection

    33.    Resolution Advisories (RAs)

    34.    Coordination and communication

    35.    Provisions for ACAS communication with ground stations

    36.    Provisions for data transfer between ACAS and its Mode S transponder

    37.    ACAS protocols

    38.    Signal formats

    39.    Field description

    40.    ACAS fields and subfields

    41.    ACAS equipment characteristics

    42.    Antenna selection and pressure altitude source

    43.    ACAS monitoring

    44.    Requirements for a Mode S transponder used in conjunction with ACAS

    45.    Data transfer from ACAS to its Mode S transponder

    46.    Data transfer from Mode S transponder to its ACAS

    47.    Communication of ACAS information to other ACAS

    48.    Communication of ACAS information to ground stations

    49.    Indications to flight crew

    50.    Performance of ACAS II collision avoidance logic

    51.    Conditions under which requirements apply

    52.    Standard range error model

    53.    Standard bearing error model

    54.    Standard altimetry error model

    55.    Standard pilot model

    56.    Standard encounter model

    57.    Encounter classes and weights

    58.    Characteristics of aircraft trajectories in vertical plane

    59.    Characteristics of aircraft trajectories in horizontal plane

    60.    ACAS equipage of intruder

    61.    Compatibility between different collision avoidance logic designs

    62.    Reduction in risk of collision

    63.    Compatibility with Air Traffic Management (ATM)

    64.    Compatible sense selection

    65.    Deviations caused by ACAS

    66.    Relative value of conflicting objectives

    67.    ACAS hybrid surveillance using extended squitter position data

    68.    Validation

    69.    Supplementary active interrogations

    70.    Near threat

    71.    Revalidation and monitoring

    72.    Full active surveillance

    73.    ACAS operation with an improved receiver Minimum Triggering Level (MTL)

PART V
Mode S Extended Squitter

    74.    Automatic Dependence Surveillance (ADS)-B out requirements

    75.    Control of ADS-B out operation

    76.    TIS-B out requirements

    77.    ADS-B out requirements for surface vehicles

    78.    Mode S extended squitter receiving system functional requirements

    79.    Message exchange function

    80.    Report assembler function

    81.    ADS-B report types

    82.    TIS-B report types

    83.    Report time of applicability

    84.    Reporting requirements

    85.    Interoperability

PART VI
Multilateration (MLAT) Systems

    86.    Functional requirements

    87.    Protection of radio frequency environment

    88.    Performance requirements

PART VII
Technical Requirements for Airborne Surveillance Applications

    89.    Traffic data functions

    90.    Displaying traffic

PART VIII
General Provisions

    91.    Application for exemptions

    92.    Drug and alcohol testing and reporting

    93.    Change of name

    94.    Change of address

    95.    Replacement of documents

    96.    Use and retention of documents and records

    97.    Reports of violation

    98.    Failure to comply with direction

PART IX
Offences and Penalties

    99.    Penalties

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

S.I. 72, 2022.

PART I
Preliminary Provisions (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations.

2.    Interpretation

    In these Regulations unless the context otherwise requires—

    "Airborne Collision Avoidance System (ACAS)" means an aircraft system based on Secondary Surveillance Radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

    "ACAS I" means an ACAS which provides information an aid to "see and avoid" action but does not include the capability for generating resolution advisories (RAs);

    "ACAS II" means an ACAS which provides vertical resolution advisories (RAs) in addition to traffic advisories (TAs);

    "ACAS III" means an ACAS which provides vertical and horizontal resolution advisories (RAs) in addition to traffic advisories (TAs);

    "ACAS broadcast" means a long Mode S air-air surveillance interrogation (UF = 16) with the broadcast address;

    "active RAC (Resolution Advisory Compliments)" means an RAC currently constrains the selection of the RA, RACs that have been received within the last six seconds and have not been explicitly cancelled are active;

    "active surveillance" means the process of tracking an intruder by using the information gained from the replies to own ACAS interrogations;

    "aircraft address" means a unique combination of 24 bits available for assignment to an aircraft for the purpose of air-ground communications, navigation and surveillance;

    "air navigation services" means one or more of the following services provided for air navigation—

    (a)    air traffic services;

    (b)    instrument flight procedure design (IFPD) services;

    (c)    aeronautical information services (AIS);

    (d)    aeronautical cartographic services;

    (e)    aeronautical telecommunication services; or

    (f)    search and rescue services;

    "Air Navigation Services Provider (ANSP)" means an entity established for the purpose of providing one or more of the air navigation services as defined in these Regulations;

    "altitude crossing RA" means a Resolution Advisory is altitude crossing if own ACAS aircraft is currently at least 30 m (100 ft) below or above the threat aircraft for upward or downward sense advisories, respectively;

    "approach angle" means the difference in the ground headings of the two aircraft at closest approach, with 180 degrees defined as head on and 0 degrees defined as parallel;

    "Automatic Dependent Surveillance-Broadcast (ADS-B) OUT" means a function on an aircraft or vehicle that periodically broadcasts its state vector (position and velocity) and other information derived from on-board systems in a format suitable for ADS-B IN capable receivers;

    "Automatic Dependent Surveillance-Broadcast (ADS-B) IN" means a function that receives surveillance data from ADS-B OUT data sources;

    "Automatic Dependent Surveillance-Broadcast (ADS-B) IN" means a function that receives surveillance data from ADS-B OUT data sources;

    "climb RA" means a positive RA recommending a climb but not an increased climb;

    "closest approach" means the occurrence of minimum range between own ACAS aircraft and the intruder. A range at closest approach is the smallest range between the two aircraft and time of closest approach is the time at which this occurs;

    "collision avoidance logic" means the sub-system or part of ACAS that analyses data relating to an intruder and own aircraft, decides whether advisories are appropriate and, if so, generates the advisories, and it includes the following functions—

    (a)    range and altitude tracking;

    (b)    threat detection and RA generation; and

    (c)    it excludes surveillance;

    "coordination" means the process by which two ACAS-equipped aircraft select compatible Resolution Advisories (RAs) by the exchange of Resolution Advisory Complements (RACs);

    "coordination interrogation" means a Mode S Interrogation (uplink transmission) radiated by ACAS II or III and containing a resolution message;

    "coordination reply" means a Mode S reply (downlink transmission) acknowledging the receipt of a coordination interrogation by the Mode S transponder that is part of an ACAS II or III installation;

    "corrective RA" means a Resolution Advisory (RA) that advises the pilot to deviate from the current flight path;

    "crossing encounter" means an encounter in which the altitude separation of the two aircraft exceeds 100 ft at the beginning and at the end of the encounter window, and the relative vertical position of two aircraft at the end of the encounter window is reversed from that at the beginning of the encounter window;

    "cycle" means one complete pass through the sequence of functions executed by ACAS II or ACAS III, nominally once a second;

    "descend RA" means a positive RA recommending a descent but not an increased descent;

    "established track" means a track generated by ACAS air-air surveillance that is treated as the track of an actual aircraft;

    "encounter" for the purposes of defining the performance of the collision avoidance logic, an encounter consists of two simulated aircraft trajectories, the horizontal coordinates of the aircraft represent the actual position of the aircraft, but the vertical coordinate represents an altimeter measurement of altitude;

    "encounter class" means encounters classified according to whether the aircraft are transitioning at the beginning and end of the encounter window, and whether or not the encounter is crossing;

    "encounter window" means the time interval [tca - 40 s, tca + 10 s];

    "extended hybrid surveillance" means the process of using qualified ADS-B airborne position messages via 1 090 MHz extended squitter without validating 1 090 extended squitter data for the track by ACAS active interrogations;

    "Horizontal Miss Distance (HMD)" means the minimum horizontal separation observed in an encounter;

    "human factors principles" means principles which apply to design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "hybrid surveillance" means the process of using a combination of active surveillance and passive surveillance with validated data to update an ACAS track in order to preserve ACAS independence;

    "increased rate RA" means an RA with a strength that recommends increasing the altitude rate to a value exceeding that recommended by a previous climb or descend RA;

    "intruder" means an SSR transponder-equipped aircraft within the surveillance range of ACAS for which ACAS has an established track;

    "MU" means a designator Message, Airborne Collision Avoidance System in the message field or in short MU field;

    "Multilateration (MLAT) System" means a group of equipment configured to provide position derived from the Secondary Surveillance Radar (SSR) transponder signals (replies or squitters) primarily using Time Difference of Arrival (TDOA) techniques. Additional information, including identification, can be extracted from the received signals;

    "original trajectory" means the original trajectory of an ACAS-equipped aircraft followed by the aircraft in the same encounter when it was not ACAS-equipped;

    "original rate" means the original rate of an ACAS-equipped aircraft at any time is its altitude rate at the same time when it followed the original trajectory;

    "own aircraft" means an aircraft—

    (a)    fitted with an ACAS that is the subject of the discourse;

    (b)    which an ACAS is to protect against possible collisions; and

    (c)    which may enter a manoeuvre in response to an ACAS indication;

    "passive surveillance" means the process of tracking another aircraft without interrogating it, by using the other aircraft’s extended squitters (ACAS uses the information obtained via 1090 MHz extended squitter to monitor the need for active surveillance only. Passive surveillance applies to both hybrid and extended hybrid surveillance);

    "positive RA" means a Resolution Advisory that advises the pilot either to climb or to descend (applies to ACAS II);

    "potential threat" means an intruder deserving special attention either because of its proximity to own aircraft or because successive range and altitude measurements indicate that it could be on a collision or near-collision course with own aircraft, and the warning time provided against a potential threat is sufficiently small that a Traffic Advisory (TA) is justified but not so small that a RA would be justified;

    "Radio Frequency (RF)" means a measured unit called hertz (Hz), which represent the number of cycles per second when a radio wave is transmitted from one point to the other;

    "RA sense" means the sense of an ACAS II RA is "upward" if it requires climb or limitation of descent rate and "downward" if it requires descent or limitation of climb rate, and it can be both upward and downward simultaneously if it requires limitation of the vertical rate to a specified range;

    "required rate" means for the standard pilot model, the required rate is that closest to the original rate consistent with the RA;

    "Resolution Advisory (RA)" means an indication given to the flight crew recommending—

    (a)    a manoeuvre intended to provide separation from all threats; or

    (b)    a manoeuvre restriction intended to maintain existing separation;

    "Resolution Advisory Complement (RAC)" means information provided by one ACAS to another via a Mode S interrogation in order to ensure complementary manoeuvres by restricting the choice of manoeuvres available to the ACAS receiving the RAC;

    "Resolution Advisory Complements record (RAC record)" means a composite of all currently active vertical RACs (VRCs) and horizontal RACs (HRCs) that have been received by ACAS. This information is provided by one ACAS to another ACAS or to a Mode S ground station via a Mode S reply;

    "reversed sense RA" means an RA that has had its sense reversed;

    "Secondary Surveillance Radar (SSR)" means a surveillance radar system which uses transmitters/receivers (interrogators) and transponders;

    "sensitivity level (S)" means an integer defining a set of parameters used by the Traffic Advisory and collision avoidance algorithms to control the warning time provided by the potential threat and threat detection logic, as well as the values of parameters relevant to the RA selection logic;

    "surveillance radar" means radar equipment used to determine the position of an aircraft in range and azimuth;

    "threat" means an intruder deserving special attention either because of its proximity to own aircraft or because successive range and altitude measurements indicate that it could be on a collision or near-collision course with own aircraft, and the warning time provided against a threat is sufficiently small that an RA is justified;

    "Time Difference of Arrival (TDOA)" means the difference in relative time that a transponder signal from the same aircraft (or ground vehicle) is received at different receivers;

    "Traffic Advisory (TA)" means an indication given to the flight crew that a certain intruder is a potential threat;

    "Traffic Information Service - Broadcast (TIS-B) IN" means a surveillance function that receives and processes surveillance data from TIS-B OUT data sources;

    "Traffic Information Service - Broadcast (TIS-B) OUT" means a function on the ground that periodically broadcasts the surveillance information made available by ground sensors in a format suitable for TIS-B IN capable receivers;

    "transitioning aircraft" means an aircraft having an average vertical rate with a magnitude exceeding 400 feet per minute (ft/min), measured over some period of interest;

    "transponder occupancy" means a state of unavailability of the transponder from the time it detects an incoming signal that appears to cause some action or from the time of a self-initiated transmission, to the time that it is capable of replying to another interrogation;

    "turn extent" means an aircraft’s ground heading at the end of a turn minus its ground heading at the beginning of the turn;

    "validation" means the process of verifying the relative position of an intruder using passive information via 1090 MHz extended squitter by comparing it to the relative position obtained by Airborne Collision Avoidance System active interrogation;

    "Vertical Miss Distance (VMD)" means the minimum vertical separation observed in encounter; and

    "warning time" means the time interval between potential threat or threat detection and closest approach when neither aircraft accelerates.

3.    Application

    These Regulations shall apply to a person providing surveillance services within a designated airspace and at an aerodrome.

PART II
General Requirements (regs 4-13)

4.    Requirements for surveillance facility

    The minimum requirements for planning, installation, commissioning, training, operation and maintenance of the surveillance facility shall conform to these Regulations.

5.    Approval requirement

    (1) A person who wishes to operate a surveillance facility or system shall apply in writing to the Authority for an approval of the surveillance facility or system.

    (2) The Authority may approve surveillance facility or system in a designated airspace and aerodrome.

    (3) A person shall not provide or operate a surveillance facility or system in the designated airspace or aerodrome unless the surveillance facility or system has been approved by the Authority.

    (4) An Air Navigation Service Provider shall notify the Authority of his or her intention to procure, install, use, decommission, upgrade or relocate any surveillance facility in the designated airspace or aerodrome not less than 30 days prior to the date of procuring, installing, decommissioning, upgrading or relocating such surveillance system.

    (5) The Authority may approve installation, use, decommissioning, upgrading or relocation of all surveillance facilities in the designated airspace and aerodromes.

6.    Inspections and audits

    (1) The Authority may carry out safety inspections and audits on a surveillance facility, document or record to determine compliance with these Regulations.

    (2) An inspector of the Authority shall have unrestricted access to a facility, installation, record or document of an Air Navigation Service Provider to determine compliance with these Regulations and required procedures.

7.    Siting and installation

    An Air Navigation Service Provider shall before establishing any surveillance equipment site, whether temporary or permanent obtain approval of the site from the Authority.

8.    Classification of surveillance facilities

    The following list classifies the type of facilities used for the provision of aeronautical surveillance service—

    (a)    flight data processing facility;

    (b)    flight information facility;

    (c)    radar data processing facility;

    (d)    primary surveillance radar facility;

    (e)    Secondary Surveillance Radar facility;

    (f)    surface movement radar facility;

    (g)    Multilateration (MLAT) surveillance facility;

    (h)    precision runway monitor facility;

    (i)    automatic dependent surveillance system facility;

    (j)    uninterruptible and emergency power supply facility;

    (k)    essential service in a building and in equipment shelter housing facility (electrical power supply, air-conditioning, and security facility); and

    (l)    data recording facility.

9.    Availability and reliability of surveillance facility

    (1) An Air Navigation Service Provider shall establish an overall operation and maintenance plan for surveillance system which shall meet the safety, operational requirement and performance specification of a surveillance facility.

    (2) The operation and maintenance plan in subregulation (1) shall include—

    (a)    a procedure for the periodic inspection and testing of each facility to verify that it meets the specified operational and performance specifications;

    (b)    details of flight test, such as the standards and procedures to be used and flight test interval, which shall be in compliance with guidelines in International Civil Aviation Organisation Doc 8071 or any other appropriate International Civil Authority Organisation document;

    (c)    the interval between periodic inspection and flight test and the basis for that interval, and when the interval is changed, the reasons for such change shall be documented;

    (d)    the operation and maintenance instructions for each facility;

    (e)    an analysis of the number of personnel required to operate and maintain each surveillance facility, taking into account the workload required;

    (f)    the corrective plan and procedures for each surveillance facility, including whether the repair of modules and components are undertaken in house or by equipment manufacturers; and

    (g)    the spare support plan for each facility.

    (3) An Air Navigation Service Provider shall be responsible for the provision of surveillance service and facility, to ensure that the surveillance data necessary for the safe, regular and efficient operation of air navigation is accurate and available.

    (4) An Air Navigation Service Provider shall establish and document performance measures to be achieved for each surveillance system in terms of the following parameters—

    (a)    availability;

    (b)    reliability;

    (c)    accuracy;

    (d)    availability;

    (e)    integrity;

    (f)    Mean Time Between Failure (MTBF); and

    (g)    Mean Time to Repair (MTTF).

    (5) The parameters in subregulation (4), shall be derived or measured from—

    (a)    the configuration of each service; or

    (b)    the known performance of each service.

    (6) An Air Navigation Service Provider shall, describe in the operations manual the method used to calculate each of the values in subregulation (7).

    (7) The integrity values or characteristics shall be given for each facility that forms part of the surveillance service.

    (8) An Air Navigation Service Provider shall ensure a surveillance facility is connected to a power and a standby power supply, to ensure continuity of operation appropriate to the service being provided.

10.    Protection of surveillance radio signals from reflectors or diffractors

    (1) An Air Navigation Service Provider shall prevent any development near a radio site that may have a potential to reflect or diffract surveillance radio signals.

    (2) An Air Navigation Service Provider shall ensure that the following radar do not reflect or diffract surveillance radio signals—

    (a)    Primary Radar - Line of sight from the installation to surveillance areas or volume shall be maintained. No obstruction shall penetrate the volume above the radar platform for a distance of 4 600 m from the installation or prevent line-of-sight from the installation to aircraft during the approach phase and movements on runways;

    (b)    Secondary Surveillance Radar - Line of sight from the installation to surveillance areas or volume shall be maintained to a distance of 15 km. No obstruction shall penetrate the volume above the radar platform for a distance of 4 600 m from the installation or prevent line-of-sight from the installation to aircraft during the approach phase and movements on runways;

    (c)    Surface Movement Radar - Line-of-sight shall be maintained at ground level from the radar to all areas within the aerodrome boundary where any movement of aircraft, personnel or vehicles can occur;

    (d)    Multilateration (MLAT) - Line of sight from the installation to surveillance areas or volume shall be maintained. No obstruction shall penetrate the volume above the surveillance platform for a distance of 4 600 m from the installation or prevent line-of-sight from the installation to aircraft during the approach phase and movements on runway; and

    (e)    Automatic Dependent Surveillance - Broadcast (ADS-B) Line of sight from the installation to surveillance areas or volume shall be maintained. No obstruction shall penetrate the volume above the surveillance platform for a distance of 4 600 m from the installation or prevent line-of- sight from the installation to aircraft during the approach phase and movements on runways.

    (3) An Air Navigation Service Provider shall consult the Authority regarding the non-use of designs or certain materials considered to be reflective or that could cause attenuation of the signal, such as metal reinforced glass, metal cladding, chain-link fencing, on elevations facing the surveillance installations shall be undertaken.

11.    Periodic inspection and testing of surveillance facility

    An Air Navigation Service Provider shall establish a procedure for the periodic inspection and testing of a surveillance system, to verify that each facility meets the applicable operational requirements and performance specifications for that facility.

12.    Retention of surveillance data

    An Air Navigation Service Provider shall—

    (a)    establish a procedure for retention and release of surveillance data;

    (b)    retain recording of surveillance for a period of at least 30 days; and

    (c)    retain recordings that are pertinent to an accident or incident investigations for longer periods until it is evident that they will no longer be required.

13.    Recording and replay of ATS surveillance data

    (1) An Air Navigation Service Provider shall provide recording equipment capable of automatic recording and replaying of surveillance data from primary and secondary radar equipment or other surveillance systems used as an aid to air traffic service.

    (2) A recording equipment shall provide a complete, identified, intelligible and accurate record of surveillance data to be recorded which may be used, in the event of an incident or in any investigation, by the designated Authority.

    (3) A recorded surveillance data shall include targets, system settings, time, alerts, alarms and any information necessary for investigation play back.

    (4) A replay equipment shall reconstruct the recorded data and shall, accurately reproduce all the features that were displayed, including display settings, at the relevant operational positions at the time of recording.

PART III
Secondary Surveillance Radar (SSR) (regs 14-25)

14.    Secondary Surveillance Radar (SSR) operations

    When Secondary Surveillance Radar is installed and maintained in operation as an aid to air traffic service, it shall conform to the provisions specified in Schedule 1 of these Regulations, unless otherwise specified.

15.    Commissioning requirements

    (1) An Air Navigation Service Provider shall carry out a test flight during a system commissioning technical acceptance test.

    (2) To assess performance, a test method shall comprise of the following stages—

    (a)    data collection and observations;

    (b)    data analysis; and

    (c)    comparison of results.

    (3) A manufacture shall measure the following parameters prior to a test in subregulation (1), being carried out as part of planned maintenance—

    (a)    horizontal polar diagram;

    (b)    vertical polar diagram;

    (c)    antenna gain; and

    (d)    azimuth squint and skew, that is, distortion of beam shape (squint) or skew (direction) as function of frequency within the operating bandwidth of the antenna.

    (4) The results from the measurements in subregulation (3), shall be made available to the user.

16.    System recording and replay facilities

    An Air Navigation Service Provider shall continuously record radar surveillance data supplied to the display system and establish procedures for retention and utilisation of the recordings for analysis.

17.    Interrogation modes (ground-to-air)

    (1) An Air Navigation Service Provider shall ensure that an interrogation of air traffic services is performed on the modes specified in paragraph 1.1.1.4.3 and 1.1.2, set out in Schedule 1 and each mode shall be used as follows—

    (a)    Mode A - to elicit transponder replies for identity and surveillance;

    (b)    Mode C - to elicit transponder replies for automatic pressure-altitude transmission and surveillance;

    (c)    Intermode—

        (i)    Mode A/C/S all-call: to elicit replies for surveillance of Mode A/C transponders and for the acquisition of Mode S transponders, and

        (ii)    Mode A/C-only all-call: to elicit replies for surveillance of Mode A/C transponders. Mode S transponders do not reply; and

    (d)    Mode S—

        (i)    Mode S-only all-call: to elicit replies for acquisition of Mode S transponders,

        (ii)    Broadcast: to transmit information to all Mode S transponders. No replies are elicited, and

        (iii)    Selective: for surveillance of, and communication with, individual Mode S transponders. For each interrogation, a reply is elicited only from the transponder uniquely addressed by the interrogation.

    (2) The Authority shall coordinate with appropriate national and international authorities to ensure that implementation aspects of the SSR system which permits the SSR system’s optimum use.

    (3) The assignment of interrogator identifier codes in areas of overlapping coverage, across international boundaries of flight information regions, shall be the subject of regional air navigation agreements.

    (4) The assignment of surveillance identifier codes in areas of overlapping coverage, shall be the subject of regional air navigation agreements.

    (5) Mode A and Mode C interrogations shall, be provided by intermode interrogations which elicit Mode A and Mode C replies from Mode A/C transponder.

    (6) In areas where improved aircraft identification is necessary to enhance the effectiveness of the air traffic control system, Secondary Surveillance Radar ground facility having Mode S features shall include aircraft identification capability.

18.    Side-lobe suppression

    (1) A side-lobe suppression shall be provided in accordance with paragraphs 1.1.1.4 and 1.1.1.5 set out in Schedule 1 on all Mode A, Mode C and inter-mode interrogations.

    (2) A side-lobe suppression shall be provided in accordance with paragraph 1.1.2.1.5.2.1 set out in Schedule 1 on all Mode S-only all-call interrogations.

19.    Transponder reply modes (air-to-ground)

    (1) A transponder shall respond to Mode A interrogations in accordance with paragraph 1.1.1.7.12.1 set out in the Schedule 1 and to Mode C interrogations in accordance with the paragraph 1.1.1.7.12.2 set out in Schedule 1.

    (2) The pressure-altitude report contained in Mode S replies shall be as specified in paragraph 1.1.1.7.12.2 set out in Schedule 1.

    (3) Where the need for Mode C automatic pressure-altitude transmission capability within a specified airspace has been determined, a transponder, when used within the airspace concerned, shall respond to Mode C interrogation with pressure-altitude encoding in the information pulses.

    (4) A transponder, regardless of the airspace in which it will be used, shall respond to Mode C interrogations with pressure-altitude information.

    (5) The pressure-altitude information provided by Mode S transponder in response to selective interrogations of an aircraft equipped with 7.62 m (25 ft.) or better pressure-altitude sources, shall be reported in 7.62 m (25 ft) increments.

    (6) A Mode A/C transponder shall report pressure-altitude encoded in the information pulses in Mode C replies.

    (7) A Mode S transponder shall report pressure-altitude encoded in the information pulses in Mode C replies and in the AC field of Mode S replies.

    (8) When a Mode S transponder is not receiving more pressure-altitude information from a source with a quantisation of 7.62 m (25 ft) or better increments, the reported value of the altitude shall be the value obtained by expressing the measured value of the uncorrected pressure-altitude of the aircraft in 30.48 m (100 ft) increments, and the Q bit shall be set to 0.

    (9) A transponder used within airspace where the need for Mode S airborne capability has been determined, shall also respond to intermode and Mode S interrogations in accordance with the paragraph 1.1.2 set out in Schedule 1.

    (10) The requirements for mandatory carriage of Secondary Surveillance Radar Mode S transponder shall—

    (a)    be based on regional air navigation agreements; and

    (b)    specify the airspace and the airborne implementation timescales.

    (11) The agreements indicated in subregulation (10) shall provide at least a notice of five years.

20.    Mode A reply codes (information pulses)

    (1) A transponder shall be capable of generating 4096 reply codes conforming to the characteristics in accordance with paragraph 1.1.1.6.2 set out in Schedule 1.

    (2) The Authority shall establish the procedures for the allotment of Secondary Surveillance Radar code in conformity with regional air navigation agreements, considering other users of the system.

    (3) The following Mode A codes shall be reserved for special purposes—

    (a)    Code 7700, to provide for recognition of an aircraft in an emergency;

    (b)    Code 7600, to provide for recognition of an aircraft with radio communication failure; and

    (c)    Code 7500, to provide for recognition of an aircraft which is being subjected to unlawful interference.

    (4) Provisions shall be made in ground decoding equipment, to ensure immediate recognition of Mode A codes 7500, 7600 and 7700.

    (5) A Mode A code 0000 shall be reserved for allocation subject to regional agreement, as a general-purpose code.

    (6) A Mode A code 2000 shall be reserved to provide recognition of an aircraft which has not received any instructions from air traffic control units to operate the transponder.

21.    Mode S airborne equipment capability

    (1) A Mode S transponder shall conform to one of the following five levels—

    (a)    Level 1 transponder shall have the capabilities determined for—

        (i)    Mode A identity and Mode C pressure-altitude reporting,

        (ii)    intermode and Mode S all-call transactions,

        (iii)    addressed surveillance altitude and identity transaction,

        (iv)    lockout protocols,

        (v)    basic data protocols except data link capability reporting, and

        (vi)    air-air service and squitter transactions;

    (b)    Level 2 transponders shall have capabilities determined in paragraph (a) and those determined for—

        (i)    standard length communications (Comm-A and Comm-B),

        (ii)    data link capability reporting, and

        (iii)    aircraft identification reporting; or

    (c)    Level 3 transponders shall have capabilities contained in paragraph (b) and also those determined for ground-to-air extended length message communications;

    (d)    Level 4 transponders shall have capabilities contained in paragraph (c) and those determined for air-to-ground extended length message communications; or

    (e)    Level 5 transponders shall have capabilities contained in paragraph (d) and those determined for enhanced Comm-B and extended length message communications.

    (2) An extended squitter transponder shall have the capabilities in subregulation (1)(b), (c), (d) or (e), and those capabilities determined for extended squitter operation and ACAS cross-link operation.

    (3) A transponder with capabilities referred to under subregulation (2) shall be designated with a suffix "e".

    (4) A transponder with the ability to process surveillance identifier codes shall have the capabilities in subregulation (1)(a), (b), (c), (d) or (e) and those determined for surveillance identifier code operation.

    (5) A transponder with capability referred to under subregulation (4) shall be designated with a suffix "s".

    (6) A surveillance identifier code capability shall be provided in accordance with subregulation (4) and (5) for a Mode S transponder installed on or after 1 January 2003, and by all Mode S transponders by 1 January 2005.

    (7) An extended squitter non-transponder device that is capable of broadcasting extended squitter that is not part of a Mode S transponder shall conform to all the 1090 MHz RF signals in space requirements specified for a Mode S transponder, except for transmit power levels for the identified equipment class in regulation 73.

    (8) A Mode S transponder used by international civil air traffic shall conform to requirements of Level 2 in subregulation (1)(b).

    (9) A Mode S transponder installed on an aircraft with gross mass in excess of 5 700 kg or a maximum cruising true airspeed capability in excess of 463 km/h (250 kt) shall operate with antenna diversity as provided for in paragraph 1.1.2.10.4 set out in Schedule 1:

    Provided the aircraft individual certificate of airworthiness is first issued on or after 1 January 1990, or a Mode S transponder carriage is required based on regional air navigation agreement in accordance with regulation 19(10) and (11).

22.    Capability reporting in Mode S squitter

    (1) A capability reporting in a Mode S acquisition squitter unsolicited downlink transmissions shall be provided in accordance with the paragraph 1.1.2.8.5.1 set out in Schedule 1 for all Mode S transponders installed on or after 1 January 1995.

    (2) A transponder equipped for extended squitter operation shall, have a means to disable acquisition squitter when extended squitter are being emitted.

23.    Extended Length Message (ELM) transmit power

    A transponder manufactured before 1 January 1999 shall be permitted to transmit a burst of 16 Extended Length Message segments at a minimum power level of 20 dBW, in order to facilitate the conversion of existing Mode S transponders, to include a full Mode S capability.

24.    Secondary Surveillance Radar (SSR) Mode-S address (aircraft address)

    A Secondary Surveillance Radar Mode S address shall, be one of 16 777 214 24 bit aircraft addresses allocated by International Civil Aviation Organisation to the state of registry or common mark registering Authority and assigned in accordance with paragraph 1.1.2.4.1.2.3.1.1 set out in Schedule 1.

25.    Human factors principles

    The manufacture shall ensure that—

    (a)    human factors principles shall be observed in the design and certification of surveillance radar and collision avoidance system;

    (b)    transponder controls which is not intended to be operated in flight shall not be directly accessible to the flight crew;

    (c)    the operation of transponder controls, intended for use during flight shall be evaluated to ensure they are logical and tolerant to human error;

    (d)    unintentional transponder mode switching is minimised where transponder functions are integrated with other system controls; and

    (e)    the flight crew shall always have access to the information of the operational state of the transponder.

PART IV
Airborne Collision Avoidance System (ACAS) (regs 26-73)

26.    ACAS I general provisions and characteristics

    An Airborne Collision Avoidance System I shall perform the following functions—

    (a)    surveillance of nearby Secondary Surveillance Radar transponder-equipped aircraft; and

    (b)    provide indications to the flight crew identifying the approximate position of nearby aircraft as an aid to visual acquisition.

27.    ACAS I signal format

    The Radio Frequency characteristics of all Airborne Collision Avoidance System I signal shall conform to provisions of paragraphs 1.1.1.1 to 1.1.1.6, and 1.1.2.1 and 1.1.2.4 set out in Schedule 1.

28.    Interference control

    (1) The effective radiated power of an Airborne Collision Avoidance System I transmission at 0-degree elevation relative to the longitudinal axis of the aircraft shall not exceed 24 dBW.

    (2) When Airborne Collision Avoidance System I is not transmitting an interrogation, the effective radiated power in any direction shall not exceed 70 dBm.

    (3) An Airborne Collision Avoidance System I interrogator shall control its interrogation rate and power or both in all Secondary Surveillance Radar modes to minimise interference effects.

    (4) An Airborne Collision Avoidance System I shall monitor the rate that own transponder replies to interrogations to ensure that subregulation (7) is complied with.

    (5) An Airborne Collision Avoidance System I shall count the number of Airborne Collision Avoidance System II and Airborne Collision Avoidance System III interrogators in the vicinity to ensure that subregulations (7) or (8) are complied with.

    (6) An Airborne Collision Avoidance System I count in subregulation (5) shall be—

    (a)    obtained by monitoring Airborne Collision Avoidance System broadcasts (UF = 16); and

    (b)    updated as the number of distinct Airborne Collision Avoidance System aircraft addresses received within the previous 20 seconds period at a minimum frequency of at least 1 Hz.

    (7) The interrogator power shall not exceed the limits defined in paragraph 1 set out in Schedule 2.

    (8) An Airborne Collision Avoidance System I that uses Mode S interrogations shall not cause greater interference effects than an Airborne Collision Avoidance System I using Mode A/C interrogations only.

29.    General provisions relating to ACAS II and ACAS III

    (1) An Airborne Collision Avoidance System shall perform the following functions—

    (a)    surveillance;

    (b)    generation of Traffic Advisories;

    (c)    threat detection;

    (d)    generation of Resolution Advisories;

    (e)    coordination; and

    (f)    communication with ground stations.

    (2) An Airborne Collision Avoidance System equipment shall perform functions in subregulation (1)(b), (c), (d) and (e) on each cycle of operation and the duration of the cycle shall not exceed 1.2 seconds.

30.    Surveillance performance requirements for ACAS II and ACAS III

    (1) An Airborne Collision Avoidance System shall—

    (a)    interrogate SSR Mode A/C and Mode S transponders in other aircraft and detect the transponder replies;

    (b)    measure the range and relative bearing of responding aircraft and using these measurements and information conveyed by transponder replies;

    (c)    estimate the relative positions of each responding aircraft; and

    (d)    include provisions for achieving such position determination in the presence of ground reflections, interference and variations in signal strength.

    (2) An Airborne Collision Avoidance System shall generate an established track, with at least a 0.90 probability that the track is established 30 seconds before closest approach, on aircraft equipped with transponders, when all the following conditions are satisfied—

    (a)    the elevation angles of these aircraft are within ±10 degrees relative to the Airborne Collision Avoidance System aircraft pitch plane;

    (b)    the magnitudes of these aircraft’s rates of change of altitude are less than or equal to 51 m/s (10 000 ft/min);

    (c)    the transponders and antennas of these aircraft meet the standards of Part IV of these Regulations;

    (d)    the closing speeds and directions of these aircraft, the local density of SSR transponder-equipped aircraft and the number of other Airborne Collision Avoidance System interrogators in the vicinity, as determined by monitoring Airborne Collision Avoidance System broadcasts, satisfy the conditions specified in Table 1-1 set out in Schedule 2; and

    (e)    the minimum slant range is equal to or greater than 300 m (1 000 ft).

    (3) An Airborne Collision Avoidance System shall continue to provide surveillance with no abrupt degradation in track establishment probability, as any one of the condition bounds defined in Schedule 1.1.1 is exceeded.

    (4) An Airborne Collision Avoidance System shall not track Mode S aircraft that report that it is on the ground.

    (5) An Airborne Collision Avoidance System shall achieve the required tracking performance when—

    (a)    the average SSR Mode A/C asynchronous reply rate from a transponder in the vicinity of the Airborne Collision Avoidance System aircraft is 240 replies per second; and

    (b)    the peak interrogation rate received by an individual transponder under surveillance is 500 per second.

    (6) The probability that an established Mode A/C track does not correspond in range and altitude, if reported to an actual aircraft, shall be less than 10-2, and for an established Mode S track this probability shall be less than 10-6:

    Provided that these limits are not exceeded in any traffic environment.

    (7) The range shall be measured with a resolution of 14.5 m (1/128 NM) or better.

    (8) The errors in the relative bearings of the estimated positions of intruders shall not exceed 10 degrees rms.

    (9) The effective radiated power of an Airborne Collision Avoidance System transmission at 0-degree elevation relative to the longitudinal axis of the aircraft shall not exceed 27 dBW.

    (10) When Airborne Collision Avoidance System is not transmitting an interrogation, the effective radiated power in any direction shall not exceed -70 dBm.

    (11) An Airborne Collision Avoidance System interrogator operating below a pressure-altitude of 5 490 m (18 000 ft) shall control its interrogation rate or power to conform with the following specific inequalities—

    (a)    Airborne Collision Avoidance System shall count the number of other Airborne Collision Avoidance System II and III interrogators in the vicinity to ensure that the interference limits are met, and this count shall be obtained by monitoring Airborne Collision Avoidance System broadcasts (UF = 16), and each Airborne Collision Avoidance System shall monitor such broadcast interrogations to determine the number of other Airborne Collision Avoidance System within detection range; and

    (b)    Airborne Collision Avoidance System shall adjust its interrogation rate and interrogation power such that the following inequalities remain true, except as provided in Schedule 2—

        (i)    all air-to-air coordination interrogations shall, be transmitted at full power and these interrogations shall be excluded from the summations of Mode S interrogations in the left-hand terms of inequalities (1) and (2) in Schedule 2 for the duration of the RA,

        (ii)    when the Airborne Collision Avoidance System aircraft indicates that it is on the ground, Airborne Collision Avoidance System interrogations shall be limited by setting the number of other Airborne Collision Avoidance System II and III aircraft (n) count in the interference limiting inequalities to a value that is three times the value obtained based on Airborne Collision Avoidance System broadcasts received with a transponder receiver threshold of -74 dBm, and when a Mode A/C interrogation power is reduced because of interference limiting, the Mode A/C interrogation power in the forward beam shall be reduced first until the forward sequence matches the right and left sequences, and the forward, right and left interrogation powers shall then sequentially be reduced until they match the rear interrogation power, and further reduction of Mode A/C power shall be accomplished by sequentially reducing the forward, side and rear interrogation powers, and

        (iii)    when transmissions from Airborne Collision Avoidance System units above 5 490 m (18 000 ft) altitude, and each Airborne Collision Avoidance System interrogator operating above a pressure-altitude of 5 490 m (18 000 ft) shall control its interrogation rate or power or both such that inequalities (1) and (3) in Schedule 2 remain true when na "/and are equal to 1, except as provided in subregulation (11)(b)(i).

31.    Traffic advisories

    (1) An Airborne Collision Avoidance System shall provide traffic advisories to alert the flight crew to potential threats.

    (2) The Traffic advisories in subregulation (1) shall be accompanied by an indication of the approximate relative position of potential threats to facilitate visual acquisition.

    (3) When a potential threat is shown on a traffic display, it shall be displayed in amber or yellow.

    (4) When any Resolution Advisory or Traffic Advisory is displayed, proximate traffic within 11 km (6 NM) range and, if altitude reporting, ±370 m (1 200 ft) altitude shall be displayed.

    (5) The proximate traffic in subregulation (4) shall be distinguished by color or symbol type from threats and potential threats, which shall be more prominently displayed.

    (6) When any Resolution Advisory or Traffic Advisory is displayed, visual acquisition of the threat or potential threat shall not be adversely affected by the display of proximate traffic or other data unrelated to collision avoidance.

    (7) The criteria for a Traffic Advisory shall be satisfied before that of a Resolution Advisory.

    (8) The minimum Traffic Advisory warning time for intruders reporting altitude shall not be 20 seconds greater than the minimum warning time for the generation of the Resolution Advisory.

32.    Threat detection

    (1) An Airborne Collision Avoidance System shall evaluate appropriate characteristics of each intruder to determine whether it is a threat.

    (2) The minimum characteristics of an intruder that are used to identify a threat shall include—

    (a)    tracked altitude;

    (b)    tracked rate of change of altitude;

    (c)    tracked slant range;

    (d)    tracked rate of change of slant range; and

    (e)    sensitivity level of intruder’s Airborne Collision Avoidance System, Si.

    (3) For an intruder not equipped with Airborne Collision Avoidance System II or Airborne Collision Avoidance System III, Surveillance Identifier shall be set to 1.

    (4) The minimum characteristics of own aircraft that is used to identify a threat shall include—

    (a)    altitude;

    (b)    rate of change of altitude; and

    (c)    sensitivity level of own Airborne Collision Avoidance System.

    (5) An Airborne Collision Avoidance System shall be capable of operating at a number of sensitivity levels, and these shall include—

    (a)    S = 1, a "standby" mode in which the interrogation of other aircraft and all advisories are inhibited;

    (b)    S = 2, a "TA only" mode in which RAs are inhibited; and

    (c)    S = 3-7, further levels that enable the issue of RAs that provide the warning times indicated in Table 2.2 set out Schedule 2 as well as TAs.

    (6) The selection of own Airborne Collision Avoidance System sensitivity level shall be determined by sensitivity level control commands which shall be accepted from following sources—

    (a)    SLC command generated automatically by Airborne Collision Avoidance System based on altitude band or other external factors;

    (b)    SLC command from pilot input; and

    (c)    SLC command from Mode S ground stations.

    (7) The acceptable SLC command codes shall include—

  Coding

    (a)    for SLC based on altitude band

2-7

    (b)    for SLC from pilot input

0,1,2

    (c)    for SLC from Mode S ground stations

0,2-6.

    (8) Where an Airborne Collision Avoidance System selects an SLC command based on altitude, hysteresis shall be applied to the nominal altitude thresholds which SLC command value changes are required as follows—

    (a)    for a climbing Airborne Collision Avoidance System aircraft, the SLC command shall be increased at the appropriate altitude threshold plus the hysteresis value; and

    (b)    for a descending Airborne Collision Avoidance System aircraft, the SLC command shall be decreased at the appropriate altitude threshold minus the hysteresis value.

    (9) An SLC command set by the pilot at the value 0 shall, indicate the selection of the "automatic" mode for which the SLC shall be based on the other commands.

    (10) For a SLC commands transmitted via a Mode S ground station, the value 0 shall indicate that the station concerned is not issuing a SLC command and that an SLC shall be based on the other commands, including non-0 commands from other Mode S ground station, and the Airborne Collision Avoidance System shall not process an uplinked SLC value of 1.

    (11) ATS authorities shall ensure that procedures are in place to inform pilots of any ATS selected SLC command code other than 0.

    (12) An Airborne Collision Avoidance System sensitivity level shall be set to the smallest non-0 SLC command received from any of the sources listed in subregulations (5) to (11).

    (13) When the sensitivity level of own Airborne Collision Avoidance System is three or greater, the parameter values used for RA generation that depend on sensitivity level, shall be based on the greater of the sensitivity level of own Airborne Collision Avoidance System, and the sensitivity level of the intruder’s Airborne Collision Avoidance System, Si.

    (14) The parameter values used for Traffic Advisory generation that depend on sensitivity level shall be selected on the same basis as those for RAs (1.4) except, when an SLC command with a value of 2, "TA only" mode, has been received from either the pilot or a Mode S ground station. In this case, the parameter values for TA generation shall retain the values they would have had in the absence of the SLC command from the pilot or Mode S ground station.

33.    Resolution Advisories (RAs)

    (1) An Airborne Collision Avoidance System shall generate an RA for all threats except, where—

    (a)    it is not possible to select an RA that can be predicted to provide adequate separation because of uncertainty in the diagnosis of the intruder’s flight path; or

    (b)    there is a high risk that a manoeuvre by the threat will negate the RA.

    (2) All threats that are shown on a traffic display shall be displayed in red.

    (3) Once an RA has been generated against a threat, it shall be maintained or modified until tests that are less stringent than those for threat detection indicate on two consecutive cycles that the RA may be cancelled, at which time it shall be cancelled.

    (4) An Airborne Collision Avoidance System shall generate the RA—

    (a)    that is predicted, to provide adequate separation from all threats;

    (b)    that has the least effect on the current flight path of the Airborne Collision Avoidance System aircraft; and

    (c)    consistent with other provisions in these Regulations.

    (5) An RA shall not recommend or continue to recommend a manoeuvre or manoeuvre restriction that, considering the range of probable threat trajectories, is more likely to reduce separation than increase it.

    (6) A new Airborne Collision Avoidance System installations made after 1 January 2014 shall monitor own aircraft’s vertical rate to verify compliance with the RA sense.

    (7) An Airborne Collision Avoidance System shall—

    (a)    stop assuming compliance where non-compliance is detected and shall assume the observed vertical rate;

    (b)    be compliant with the requirement in paragraph (a) and subregulation (6);

    (c)    comply with the requirements set out in subregulation (6) and paragraph (a); and

    (d)    generate an RA consistent with the performance capability of the aircraft.

    (8) A descend RA shall not be generated or maintained when own aircraft is below 300 m (1 000 ft) above ground level.

    (9) An Airborne Collision Avoidance System shall not operate in sensitivity levels 3-7 when own aircraft is below 300 m (1 000 ft) above ground level.

    (10) An Airborne Collision Avoidance System shall not reverse the sense of an RA from one cycle to the next, except as permitted in subregulation (11) to ensure coordination or when the predicted separation at closest approach for the existing sense is inadequate.

    (11) Where an RA component received from an equipped threat is incompatible with the current RA sense, an Airborne Collision Avoidance System shall modify the RA sense to conform with the received RAC if own aircraft address is higher in value than that of the threat.

    (12) An Airborne Collision Avoidance System shall not modify an RA sense, in a way that makes the RA sense incompatible with an RAC received from an equipped threat if own aircraft address is higher in value than that of the threat.

    (13) Subject to the requirement that a descend RA is not generated at low altitude, an RA shall, not be modified if the time to closest approach is too short to achieve a significant response or if the threat is diverging in range.

    (14) An RA shall not be weakened if it is likely that it would subsequently need to be strengthened.

    (15) When an RAC is received from a threat before the Airborne Collision Avoidance System generates an RAC for that threat, the RA generated shall be compatible with the RAC:

    Provided that such an RA is more likely to reduce separation than increase it and own aircraft address is lower in value than that of the threat.

    (16) The RA sense, strength and attributes on each cycles of an RA, shall be encoded in the active RA subfield, and when the active RA subfield has not been refreshed for an interval of 6 seconds, it shall be set to 0, along with the MTE subfield in the same message.

    (17) The system delay from receipt of the relevant SSR reply to presentation of an RA sense and strength to the pilot shall be short and shall not exceed 1.5 seconds.

34.    Coordination and communication

    (1) An Airborne Collision Avoidance System shall, in a multi-aircraft situation, coordinate with each equipped threat individually.

    (2) An Airborne Collision Avoidance System shall prevent simultaneous access to stored data by concurrent processes, during resolution message processing.

    (3) An Airborne Collision Avoidance System cycle shall transmit a coordination interrogation to each equipped threat, unless generation of an RA is delayed because it is not possible to select an RA that can be predicted to provide adequate separation.

    (4) When an RAC has been received from a threat before Airborne Collision Avoidance System selects an RAC for that threat, the selected RAC shall be compatible with the received RAC unless—

    (a)    no more than three cycles have elapsed since the RAC was received;

    (b)    the RAC is altitude-crossing; and

    (c)    own aircraft address is lower in value than that of the threat, in which case Airborne Collision Avoidance System shall select its RA independently.

    (5) Where an RAC received from an equipped threat is incompatible with the RAC selected by Airborne Collision Avoidance System for that threat, the Airborne Collision Avoidance System shall modify the selected RAC to be compatible with the received RAC if own aircraft address is higher in value than that of the threat.

    (6) An Airborne Collision Avoidance System shall, within the cycle during which an intruder ceases to be a reason for maintaining the RA, send a resolution message to that intruder by means of a coordination interrogation.

    (7) A resolution message sent under subregulation (6) shall include the cancellation code for the last RAC sent to that intruder while it was a reason for maintaining the RA.

    (8) An Airborne Collision Avoidance System coordination interrogation shall be transmitted until a coordination reply is received from the threat, up to a minimum of six and not more than 12 attempts.

    (9) The successive interrogations in subregulation (7) shall be nominally equally spaced over a period of 100 ±5 ms.

    (10) An Airborne Collision Avoidance System shall continue its regular processing sequence when the maximum number of attempts are made, and no reply is received.

    (11) An Airborne Collision Avoidance System shall provide parity protection for all fields in the coordination interrogation that convey RAC information.

    (12) When an Airborne Collision Avoidance System reverses its sense against an equipped threat, the resolution message that is sent on the current and subsequent cycles to that threat shall contain both the newly selected RAC and the cancellation code for the RAC sent before the reversal.

    (13) When a vertical RA is selected, the vertical RAC (VRC) that the own Airborne Collision Avoidance System includes in a resolution message to the threat shall be as follows—

    (a)    "do not pass above" when the RA is intended to provide separation above the threat; and

    (b)    "do not pass below" when the RA is intended to provide separation below the threat.

    (14) Resolution messages shall be processed in the order in which they are received, and with delay limited to that required to prevent possible concurrent access to stored data and delays due to the processing of previously received resolution messages.

    (15) Resolution messages that are being delayed shall be temporarily queued to prevent possible loss of messages.

    (16) The processing of a resolution message shall include decoding the message and updating the appropriate data structures with the information extracted from the message.

    (17) An RAC or an RAC cancellation received from another Airborne Collision Avoidance System shall be rejected if the encoded sense bits indicate the existence of a parity error or if undefined value is detected in the resolution message.

    (18) An RAC or an RAC cancellation received without parity errors and without undefined resolution message values shall be considered valid.

    (19) A valid RAC received from another Airborne Collision Avoidance System shall be stored or be used to update the previously stored RAC corresponding to that Airborne Collision Avoidance System.

    (20) A valid RAC cancellation shall cause the previously stored RAC to be deleted.

    (21) A stored RAC that has not been updated for an interval of six seconds shall be deleted.

    (22) A valid RAC or RAC cancellation received from another Airborne Collision Avoidance System shall be used to update the RAC record.

    (23) When a bit in a RAC record has not been refreshed for an interval of six seconds by any threat, that bit shall be set to zero.

    (24) When an Airborne Collision Avoidance System RA exists, the Airborne Collision Avoidance System shall—

    (a)    transfer to its Mode S transponder an RA report for transmission to the ground in a Comm-B reply; and

    (b)    transmit periodic RA broadcasts.

    (25) An Airborne Collision Avoidance System shall store SLC commands from Mode S ground stations.

    (26) An SLC command received from a Mode S ground station shall, remain effective until replaced by an SLC command from the same ground station as indicated by the site number contained in the IIS subfield of the interrogation.

    (27) When an existing stored SLC command from a Mode S ground station is not refreshed within four minutes, or when the SLC command received has the value 15, the stored SLC command for that Mode S ground station shall be set to 0.

35.    Provisions for ACAS communication with ground stations

    (1) Where an Airborne Collision Avoidance System RA exists, the Airborne Collision Avoidance System shall—

    (a)    transfer to its Mode S transponder an RA report for transmission to the ground in a Comm-B reply; and

    (b)    transmit periodic RA broadcasts.

    (2) An Airborne Collision Avoidance System shall store SLC commands from Mode S ground stations.

    (3) An SLC command received from a Mode S ground station shall remain effective until replaced by an SLC command from the same ground station as indicated by the site number contained in the IIS subfield of the interrogation.

    (4) Where an existing stored command from a Mode S ground station is not refreshed within four minutes, or if the SLC command received has the value 15 the stored SLC command for that Mode S ground station shall be set to zero.

36.    Provisions for data transfer between ACAS and its Mode S transponder

    (1) An Airborne Collision Avoidance System shall transfer data to its Mode S, and shall transfer—

    (a)    RA information to its Mode S transponder for transmission in an RA report and in a coordination reply;

    (b)    current sensitivity level to its Mode S transponder for transmission in a sensitivity level report; and

    (c)    capability information to its Mode S transponder for transmission in a data link capability report.

    (2) A Mode S transponder shall transfer data to its Airborne Collision Avoidance System, and the Airborne Collision Avoidance System shall receive from its Mode S transponder—

    (a)    sensitivity level control commands transmitted by Mode S ground stations;

    (b)    Airborne Collision Avoidance System broadcast messages transmitted by other Airborne Collision Avoidance System; and

    (c)    resolution messages transmitted by other Airborne Collision Avoidance System for air-air coordination purposes.

37.    ACAS protocols

    (1) An Airborne Collision Avoidance System shall use the Mode C-only all-call interrogation for surveillance of aircraft equipped with Mode A/C transponders.

    (2) A surveillance interrogation shall use a sequence of interrogations with increasing power surveillance being preceded by an S1-pulse to reduce interference and improve Mode A/C target detection.

    (3) An Airborne Collision Avoidance System shall monitor 1 090 MHz for Mode S acquisition squitters (DF = 11).

    (4) An Airborne Collision Avoidance System shall detect the presence and determine the address of Mode S-equipped aircraft using their Mode S acquisition squitters (DF = 11) or extended squitter (DF = 17).

    (5) On first receipt of a 24-bit aircraft address from an aircraft that is determined to be within the reliable surveillance range of ACAS based on reception, reliability and that is within an altitude band 3 050 m (10 000 ft) above and below own aircraft, an Airborne Collision Avoidance System shall transmit a short air-air interrogation (UF = 0) for range acquisition.

    (6) A surveillance interrogation shall be—

    (a)    transmitted at least once every five cycles when the altitude condition in subregulation (5) is satisfied;

    (b)    transmitted with each cycle, if the range of the detected aircraft is less than 5.6 km (3 NM) or the calculated time to closest approach is less than 60 seconds:

    Provided both the detected and own aircraft proceed from their current positions with unaccelerated motion and that the range at closest approach equals 5.6 km (3 NM); and

    (c)    suspended for a period of five cycles if—

        (i)    a reply was successfully received,

        (ii)    own aircraft and intruder aircraft are operating below a pressure-altitude of 5 490 m (18 000 ft), and

        (iii)    the range of the detected aircraft is greater than 5.6 km (3 NM) and the calculated time to closest approach exceeds 60 seconds:

    Provided that both the detected and own aircraft proceed from their current positions with unaccelerated motion and that the range at closest approach equals 5.6 km (3 NM).

    (7) An Airborne Collision Avoidance System shall use the short air-air surveillance format (UF = 0) for range acquisition and set AQ = 1 and RL = 0 in an acquisition interrogation.

    (8) An Airborne Collision Avoidance System shall use the short air-air surveillance format (UF = 0) with RL = 0 and AQ = 0 for tracking interrogations.

    (9) A surveillance replies protocol shall be as described in subregulation 47(1).

    (10) An Airborne Collision Avoidance System broadcast shall be made nominally every 8 to 10 seconds at full power from the top antenna.

    (11) An installation using directional antennas shall operate in such manner that a complete circular coverage is provided nominally every 8 to 10 seconds.

    (12) An Airborne Collision Avoidance System shall, transmit UF = 16 interrogations, with AQ = 0 and RL = 1 when another aircraft reporting RI = 3 or 4 is declared a threat.

    (13) The MU field shall contain the resolution message in the subfields specified paragraph 7.2 set out in Schedule 2.

    (14) A coordination reply protocol shall be as described in regulation 47(2).

    (15) An RA report to Mode S ground station protocol shall be as described in regulation 48(1) and (2).

    (16) The RA broadcasts shall, be transmitted at full power from the bottom antenna at jittered, nominally eight seconds intervals for the period that the RA is indicated.

    (17) The RA broadcast shall include the MU field as specified in paragraph 7.2.4 set out in Schedule 2.

    (18) The RA broadcast shall describe the most recent RA that existed during the preceding eight seconds period.

    (19) Installations using directional antennas shall operate such that a complete circular coverage is provided nominally every eight seconds and the same RA sense and strength is broadcast in each direction.

    (20) The data link capability report protocols shall be as described in regulation 48(3).

    (21) An Airborne Collision Avoidance System shall act upon an SLC command, when TMS has the value 0 and DI is either one or seven in the same interrogation.

38.    Signal formats

    (1) The RF characteristics of all Airborne Collision Avoidance System signals shall conform to the standards in paragraphs 1.1.1.1 to 1.1.1.6, 1.1.2.1, 1.1.2.3, 1.1.2.5 and 1.1.2.8 set out in Schedule 1.

    (2) The data encoding of all Airborne Collision Avoidance System signals shall conform to the standards in paragraph 1.1.2.3 set out in Schedule 1.

39.    Field description

    (1) The air-air surveillance and communication formats which are used by Airborne Collision Avoidance System shall, conform to those as set out in Figure 2-1 of the Schedule 2.

    (2) The significance of the coding of the downlink request, air-air reply information fields shall be as contained in paragraph 5 set out in Schedule 2.

40.    ACAS fields and subfields

    An Airborne Collision Avoidance System fields and subfields shall be defined in paragraph 6 set out in Schedule 2.

41.    ACAS equipment characteristics

    (1) An Airborne Collision Avoidance System shall be provided with interfaces, the following input data shall be provided to as the minimum—

    (a)    aircraft address code;

    (b)    air-air and ground-air Mode S transmissions received by the Mode S transponder for use by Airborne Collision Avoidance System;

    (c)    own aircraft’s maximum cruising true airspeed capability;

    (d)    pressure-altitude; and

    (e)    radio altitude.

    (2) An Airborne Collision Avoidance System shall transmit interrogations and receive replies via two antennas, one mounted on the top of the aircraft and the other on the bottom of the aircraft.

    (3) The top-mounted antenna shall be directional and capable of being used for direction finding.

    (4) An Airborne Collision Avoidance System polarisation transmission shall be nominally vertical.

    (5) The radiation pattern in elevation of an antenna when installed on an aircraft shall, be nominally equivalent to that of a quarter-wave monopole on a ground plane.

42.    Antenna selection and pressure altitude source

    (1) An Airborne Collision Avoidance System shall be capable of receiving squitters through the top and bottom antennas.

    (2) An Airborne Collision Avoidance System interrogation shall not be transmitted simultaneously on both antennas.

    (3) The altitude data for an aircraft provided to Airborne Collision Avoidance System shall be obtained from the source that provides the basis for own Mode C or Mode S reports and they shall be provided at the finest quantisation available.

    (4) A source providing a resolution finer than 7.62 m (25 ft) shall be used.

    (5) Where a source providing a resolution finer than 7.62 m (25 ft) is not available, and the only altitude data available for own aircraft is Gilham encoded, at least two independent sources shall be used and compared continuously in order to detect encoding errors.

    (6) Two altitude data sources shall be used and compared in order to detect errors before provision to an Airborne Collision Avoidance System.

    (7) When the comparison of two altitude data sources indicates that one of the sources is in error, the provisions of regulation 43(3) shall apply.

43.    ACAS monitoring

    (1) An Airborne Collision Avoidance System shall, continuously perform a monitoring function in order to provide a warning, when any of the following conditions are satisfied—

    (a)    there is no interrogation power limiting due to interference control and the maximum radiated power is reduced to less than that necessary to satisfy the surveillance requirements; or

    (b)    any other failure in the equipment is detected which results in a reduced capability of providing TAs or RAs; or

    (c)    data from external sources indispensable for an Airborne Collision Avoidance System operation are not provided, or the data provided are not credible.

    (2) An Airborne Collision Avoidance System monitoring function shall, not adversely affect other Airborne Collision Avoidance System functions.

    (3) When the Airborne Collision Avoidance System monitoring function detects a failure, Airborne Collision Avoidance System shall—

    (a)    indicate to the flight crew that an abnormal condition exists;

    (b)    prevent any further Airborne Collision Avoidance System interrogations; and

    (c)    cause any Mode S transmission containing own aircraft’s resolution capability to indicate that Airborne Collision Avoidance System is not operating.

44.    Requirements for a Mode S transponder used in conjunction with ACAS

    (1) The Mode S transponder shall meet the nominal capabilities as defined paragraph 1.1 set out in Schedule 1.

    (2) The Mode S transponder used in conjunction with an Airborne Collision Avoidance System shall have the following capabilities—

    (a)    ability to handle the following formats—

Format No.

Format nameUF = 16Long air-air surveillance interrogationDF = 16Long air-air surveillance reply;

    (b)    ability to receive long Mode S interrogations (UF = 16) and generate long Mode S replies (DF = 16) at a continuous rate of 16.6 ms (60 per second);

    (c)    means for delivering the Airborne Collision Avoidance System data content of all accepted interrogations addressed to the Airborne Collision Avoidance System equipment;

    (d)    antenna diversity;

    (e)    mutual suppression capability; and

    (f)    inactive state transponder output power restriction.

    (3) When a Mode S transponder transmitter is in the inactive state, the peak pulse power at 1 090 MHz ±3 MHz at the terminals of the Mode S transponder antenna shall not exceed -70 dBm.

45.    Data transfer from ACAS to its Mode S transponder

    A Mode S transponder shall receive from its Airborne Collision Avoidance System—

    (a)    RA information for transmission in an RA report and in a coordination reply;

    (b)    a current sensitivity level for transmission in a sensitivity level report;

    (c)    capability information for transmission in a data link capability report and for transmission in the RI field of air-air downlink formats DF = 0 and DF = 16; or

    (d)    an indication that RAs are enabled or inhibited for transmission in the RI field of downlink formats 0 and 16.

46.    Data transfer from Mode S transponder to its ACAS

    The Mode S transponder shall transfer to its Airborne Collision Avoidance System—

    (a)    received sensitivity level control commands transmitted by Mode S stations;

    (b)    received Airborne Collision Avoidance System broadcast messages transmitted by other Airborne Collision Avoidance Systems;

    (c)    received resolution messages transmitted by other Airborne Collision Avoidance Systems for air-air coordination purposes; or

    (d)    own aircraft’s Mode A identity data for transmission in an RA broadcast.

47.    Communication of ACAS information to other ACAS

    (1) The Airborne Collision Avoidance System Mode S transponder shall use the short (DF = 0) or long (DF = 16) surveillance formats to reply to Airborne Collision Avoidance System surveillance interrogations.

    (2) The surveillance reply in subregulation (1) shall include—

    (a)    VS field as specified in paragraph 1.1.2.8.2 set out in Schedule 1;

    (b)    RI field as specified paragraph 1.1.2.8.2 set out in Schedule 1, and paragraph 5.1.2 set out in Schedule 2; and

    (c)    SL field as specified in paragraph 8.2.5 set out in Schedule 2.

    (3) An Airborne Collision Avoidance System Mode S transponder shall transmit a coordination reply upon receipt of a coordination interrogation from an equipped threat subject to the conditions of subregulation (3).

    (4) The coordination reply in subregulation (2) shall use the—

    (a)    long air-air surveillance reply format, DF = 16;

    (b)    VS field as specified in paragraph 1.1.2.8.2 set out in Schedule 1;

    (c)    RI field as specified in paragraph 1.1.2.8.2 set out in Schedule 1, and as specified paragraph 5.1.2 set out in Schedule 2;

    (d)    SL field as specified in paragraph 8.2.5 set out in Schedule 2; and

    (e)    MV field as specified in as specified in paragraph 8.2.5.4 set out in Schedule 2.

    (5) Coordination replies shall be transmitted even when the minimum reply rate limits of the transponder are exceeded.

    (6) An Airborne Collision Avoidance System Mode S transponder shall reply with a coordination reply to a coordination interrogation received from another Airborne Collision Avoidance System:

    Provided the transponder can deliver the Airborne Collision Avoidance System data content of the interrogation to its associated Airborne Collision Avoidance System.

48.    Communication of ACAS information to ground stations

    (1) An Airborne Collision Avoidance System Mode S transponder shall, during an RA and for 18±1 seconds following the end of the RA, indicate that it has an RA report by setting the appropriate DR field code in replies to a Mode S sensor as specified in paragraph 5.1.1. set out in Schedule 2.

    (2) The RA report in subregulation (1) shall—

    (a)    include the MB fields specified in paragraph 6.2.1 set out in Schedule 2; and

    (b)    describe the most recent RA that existed during the preceding 18±1 s period.

    (3) A Mode S transponder shall indicate the presence of its Airborne Collision Avoidance System to a ground station in the Mode S data link capability report.

49.    Indications to flight crew

    (1) An indication to the flight crew shall distinguish between preventive and corrective RAs.

    (2) When Airborne Collision Avoidance System generates an altitude crossing RA, a specific indication shall be given to the flight crew that it is crossing.

50.    Performance of ACAS II collision avoidance logic

    The performance requirements of the Airborne Collision Avoidance System II collision avoidance logic shall be as specified in paragraph 7 set out in Schedule 2.

51.    Conditions under which requirements apply

    (1) The following assumed conditions shall apply to the performance requirements specified in regulations 62 and 63—

    (a)    range and bearing measurements and an altitude report are available for the intruder each cycle provided it is within 14 NM, but not when the range exceeds 14 NM;

    (b)    the errors in the range and bearing measurements conform to standard range and bearing error models;

    (c)    the intruder’s altitude reports, which are its Mode C replies, are expressed in 100 ft quanta;

    (d)    an altitude measurement that has not been quantised and is expressed with a precision of 1 ft or better is available for own aircraft;

    (e)    errors in the altitude measurements for both aircraft are constant throughout any particular encounter;

    (f)    the errors in the altitude measurements for both aircraft conform to a standard altimetry error model;

    (g)    the pilot responses to RAs conform to a standard pilot model;

    (h)    the aircraft operate in an airspace in which dose encounters, including those in which Airborne Collision Avoidance System generates an RA, conform to a standard encounter model; and

    (i)    Airborne Collision Avoidance System-equipped aircraft are not limited in their ability to perform the manoeuvres required by their RAs.

    (2) The collision avoidance logic performance shall—

    (a)    not degrade abruptly as the statistical distribution of the altitude errors or the statistical distributions of the various parameters that characterise the standard encounter model or the response of pilot to the advisories are varied; and

    (b)    when surveillance reports are not available on every cycle or when the quantisation of the altitude measurements for the intruder is varied or the altitude measurements for own aircraft are quantised.

52.    Standard range error model

    The simulated range measurements errors shall, be taken from a normal distribution with mean 0 ft and standard deviation 50 ft.

53.    Standard bearing error model

    The simulated bearing measurement errors shall, be taken from a normal distribution with mean 0.0 degrees and standard deviation 10.0 degrees.

54.    Standard altimetry error model

    A standard altimetry error model shall be defined in paragraph 7 as set out Schedule 2.

55.    Standard pilot model

    A standard pilot model used in the assessment of the performance of a collision avoidance logic shall be that—

    (a)    any RA is complied with by accelerating to the required rate, if necessary, after an appropriate delay;

    (b)    when the aircraft’s current rate is the same as its original rate and the original rate complies with the RA, the aircraft continues at its original rate, which is not necessarily constant due to the possibility of acceleration in the original trajectory;

    (c)    when the aircraft is complying with the RA, its current rate is the same as the original rate and when the original rate changes and consequently becomes inconsistent with the RA, the aircraft continues to comply with the RA;

    (d)    when an initial RA requires a change in altitude rate, the aircraft responds with an acceleration of 0.25 g after a delay of five seconds from the display of the RA;

    (e)    when an RA is modified and the original rate complies with the modified RA, the aircraft returns to its original rate, if necessary, with the acceleration specified in paragraph (g) after the delay specified in paragraph (h);

    (f)    when an RA is modified and the original rate does not comply with the modified RA, the aircraft responds to comply with the RA with the acceleration specified in paragraph (g) after the delay specified in paragraph (h);

    (g)    the acceleration used when an RA is modified is 0.25 g unless the modified RA is a reversed sense RA or an increased rate RA in which case the acceleration is 0.35 g;

    (h)    the delay used when an RA is modified is 2.5 seconds unless this results in the acceleration starting earlier than five seconds from the initial RA in which case the acceleration starts five seconds from the initial RA; and

    (i)    when an RA is cancelled, the aircraft returns to its original rate (if necessary) with an acceleration of 0.25 g after a delay of 2.5 seconds.

56.    Standard encounter model

    (1) In order to calculate the effect of an Airborne Collision Avoidance System on the risk of collision and the compatibility of an Airborne Collision Avoidance System with Air Traffic Management, set of encounters shall be created for each of the following—

    (a)    the two aircraft address orderings;

    (b)    the six altitude layers;

    (c)    19 encounter classes; and

    (d)    9 or 10 VMD bins as specified in paragraph 9.4.3 set out in Schedule 2.

    (2) The sets results in subregulation (1) shall be combined using the relative weightings given in regulation 57.

    (3) Each set of encounters shall contain at least 500 independent, randomly generated encounters.

    (4) The two aircraft trajectories in an encounter shall be constructed with the following randomly selected characteristics—

    (a)    in the vertical plane—

        (i)    a VMD from within the appropriate VMD bin,

        (ii)    a vertical rate for each aircraft at the beginning of the encounter window, 1, and at the end of the encounter window, 2,

        (iii)    a vertical acceleration,

        (iv)    a start time for the vertical acceleration; and

    (b)    in the horizontal plane—

        (i)    an HMD,

        (ii)    an approach angle,

        (iii)    a speed for each aircraft at closest approach,

        (iv)    a decision for each aircraft whether or not it turns,

        (v)    the turn extent; the bank angle; and the turn end time,

        (vi)    a decision for each aircraft whether its speed changes, and

        (vii)    the magnitude of the speed change.

    (5) Two models shall be used for statistical distribution of HMD, and for calculations for the effect of an Airborne Collision Avoidance System on the risk of collision, HMD shall be constrained to be less than 500 ft, and for compatibility of an Airborne Collision Avoidance System with ATM, HMD shall be selected from a larger range of values.

57.    Encounter classes and weights

    Encounter classes and weights shall be as contained in paragraph 9.3 set out in Schedule 2.

58.    Characteristics of aircraft trajectories in vertical plane

    The characteristics of the aircraft trajectories in the vertical plane shall be in accordance with paragraph 9.4 set out in Schedule 2.

59.    Characteristics of aircraft trajectories in horizontal plane

    The characteristics of the aircraft trajectories in the horizontal plane shall be in accordance with paragraph 9.5 set out in Schedule 2.

60.    ACAS equipage of intruder

    The performance requirements set out in regulations 62 and 63 shall, each apply to three distinct situations in which the following conditions concerning an intruder’s Airborne Collision Avoidance System and trajectory shall apply—

    (a)    where an intruder Airborne Collision Avoidance System involved in each encounter is not equipped, it follows a trajectory identical to that which it follows when own aircraft is not equipped; or

    (b)    where an intruder is Airborne Collision Avoidance System-equipped but follows a trajectory identical to that in the unequipped encounter—

        (i)    it follows the identical trajectory regardless of whether or not there is an RA,

        (ii)    the intruder Airborne Collision Avoidance System generates an RA and transmits an RAC that is received immediately after any RA is first announced to the pilot of own aircraft,

        (iii)    the sense of the RAC generated by the intruder Airborne Collision Avoidance System and transmitted to own aircraft is opposite to the sense of the first RAC selected and transmitted to the intruder by own aircraft,

        (iv)    the RAC transmitted by the intruder is received by own aircraft, and

        (v)    the requirements apply both when own aircraft has the lower aircraft address and when the intruder aircraft has the lower aircraft address; or

    (c)    where an intruder is equipped with an Airborne Collision Avoidance System having a collision avoidance logic identical to that of own Airborne Collision Avoidance System—

        (i)    the conditions relating to the performance of own aircraft, Airborne Collision Avoidance System and pilot apply equally to the intruder aircraft, Airborne Collision Avoidance System and pilot,

        (ii)    RACs transmitted by one aircraft are received by the other, and

        (iii)    the requirements apply both when own aircraft has the lower aircraft address and when the intruder aircraft has the lower aircraft address.

61.    Compatibility between different collision avoidance logic designs

    The Authority shall, when considering alternative collision avoidance logic designs verify that—

    (a)    the performances of the alternative design are acceptable in encounters involving Airborne Collision Avoidance System units that use existing designs; and

    (b)    the performances of the existing designs are not degraded using the alternative design.

62.    Reduction in risk of collision

    Subject to regulation 51, a collision avoidance logic shall be that, the expected number of collisions is reduced to the number expected in the absence of an Airborne Collision Avoidance System—

    (a)    when the intruder is not equipped with Airborne Collision Avoidance System, 0.18;

    (b)    when the intruder is equipped with Airborne Collision Avoidance System but does not respond, 0.32; and

    (c)    when the intruder is equipped with Airborne Collision Avoidance System and responds, 0.04.

63.    Compatibility with Air Traffic Management (ATM)

    (1) The collision avoidance logic shall, be that the proportion of RAs which are a nuisance shall not exceed—

    (a)    .06 when own aircraft’s vertical rate at the time the RA is first issued is less than 400 ft/min; or

    (b)    .08 when own aircraft’s vertical rate at the time the RA is first issued exceeds 400 ft/min.

    (2) For purposes of subregulation (1), an RA shall, be considered a nuisance, unless during an encounter in the absence of Airborne Collision Avoidance System, the horizontal separation and the vertical separation are simultaneously less than the values specified in accordance with paragraph 10.1 set out in Schedule 2.

64.    Compatible sense selection

    Subject to regulation 50, the collision avoidance logic shall be that the proportion of encounters in which, following the RA results in an altitude separation at closest approach with the opposite sign to that occurring in the absence of Airborne Collision Avoidance System not exceed the following values—

    (a)    when an intruder is not Airborne Collision Avoidance System equipped 0.08;

    (b)    when an intruder is Airborne Collision Avoidance System and is equipped but does not respond 0.08; or

    (c)    when an intruder is Airborne Collision Avoidance System equipped and responds 0.12.

65.    Deviations caused by ACAS

    Subject to regulation 42, the collision avoidance logic shall be the number of RAs resulting in deviations greater than the values indicated and shall not exceed the proportions of the total number of RAs as contained in accordance with paragraph 10.2 set out in Schedule 2.

66.    Relative value of conflicting objectives

    The collision avoidance logic shall, be to reduce as much as practicable the risk of collision and limit the disruption to ATM.

67.    ACAS hybrid surveillance using extended squitter position data

    (1) An Airborne Collision Avoidance System equipped to receive extended squitter airborne position messages, for passive surveillance of non-threatening intruders shall, utilise the passive information as set out in regulations 68, 69, 70, and 72(2) to (4).

    (2) An Airborne Collision Avoidance System using extended hybrid surveillance mode shall establish a track so that no interrogations are performed when the following conditions are met—

    (a)    own aircraft position data meets the following minimum level of quality—

        (i)    own aircraft horizontal position uncertainty (95 per cent) is << 0.1 NM, and

        (ii)    own aircraft horizontal position integrity shall be such that the probability of an undetected position error, which is greater than 0.6 NM radius, is less than 1 x 107;

    (b)    the received signal strength is equal or less than -68 dBm +/-2 dB (extended hybrid surveillance minimum triggering level), or own aircraft is operating on the surface;

    (c)    the intruder data quality meets the following minimum requirements—

        (i)    the ADS-B version number 2,

        (ii)    the reported NIC 6 (<< 0.6 NM),

        (iii)    the reported NACp 7 (<< 0.1 NM),

        (iv)    the reported SIL = 3,

        (v)    the reported SDA = 2 or 3, and

        (vi)    the barometric altitude is valid; and

    (d)    the system shall not use ADS-rebroadcast (ADS-R) and TIS-B data to passively acquire an aircraft.

    (3) A track maintained under extended hybrid surveillance mode shall transition to a track maintained under active surveillance mode, if the range and altitude of hybrid threat criteria are satisfied.

    (4) A track under extended hybrid surveillance mode shall transition to a track under hybrid surveillance mode if—

    (a)    the signal indicates a high probability to be in proximity, that is, signal Extended Hybrid Surveillance MTL, except when operating on the airport surface; or

    (b)    intruder data or own data quality does not meet minimum requirements.

68.    Validation

    (1) An Airborne Collision Avoidance System shall validate the position of an intruder reported by extended squitter, by determining the relative range and relative bearing as computed from the position and geographical heading of own aircraft and the intruder’s position as reported in the extended squitter.

    (2) Subject to subregulation (1), the range, relative bearing and the altitude reported in the squitter shall, be compared to the range, relative bearing and altitude determine by active Airborne Collision Avoidance System interrogations.

    (3) The extended squitter data validity shall be determined by the difference between the derived, measured range, and relative bearing, and the squitter and reply altitude shall be computed and used as threat provided in regulation 55.

    (4) When any of the validation tests provided under subregulation (3) fail, active surveillance shall be used to track the intruder.

69.    Supplementary active interrogations

    (1) An intruder’s track shall be updated at least as frequently as required in the absence of an extended squitter data.

    (2) When a track is updated using squitter information the time at which an active interrogation would be next required shall be calculated.

    (3) An active interrogation shall be made at that time, if a further squitter has not been received before the interrogation is due.

70.    Near threat

    (1) An intruder shall be tracked under active surveillance if it is a near threat, as determined by separate tests done once per second on the range and altitude of the aircraft.

    (2) The tests in subregulation (1) shall consider an intruder as a near threat before it becomes a potential threat, and trigger a Traffic Advisory as provided under regulation 51.

71.    Revalidation and monitoring

    (1) When an aircraft is being tracked using passive surveillance, periodic active interrogations shall be performed to validate and monitor the extended squitter data as set out in regulation 53 and shall be performed for each interrogation.

    (2) The rates of revalidation shall be once per minute for a non-threat and once per 10 seconds for a near threat.

72.    Full active surveillance

    (1) When the following condition are met for a track being updated via passive surveillance data the aircraft shall be declared an active track and shall be updated on the active range measurements once per second for as long as the list (a) to (c) below condition are met—

        .

    (2) A near threat, potential threat or threat shall be tracked using active surveillance.

    (3) A track under active surveillance shall transition to passive surveillance if it is not a near threat, potential threat or a threat.

    (4) The tests used to determine whether a track is no longer a near threat shall, be similar to those used in regulation 55 but with larger thresholds in order to have hysteresis which prevents the possibility of frequent transitions between active and passive surveillance.

73.    ACAS operation with an improved receiver Minimum Triggering Level (MTL)

    An Airborne Collision Avoidance System operating with a receiver having a minimum triggering level more sensitive than -74 dBm shall implement the following specified capabilities—

    Dual minimum triggering levels—

    (a)    the Airborne Collision Avoidance System receiver shall, be capable of setting an indication for each squitter reception whether the reply would have been detected by an Airborne Collision Avoidance System operating with a conventional MTL (-74 dBm); or

    (b)    squitter receptions received at the conventional MTL shall, be passed to the Airborne Collision Avoidance System surveillance function for further processing, and squitter receptions that do not meet this condition shall not be passed to the Airborne Collision Avoidance System surveillance function;

    Dual or re-triggerable reply processor the Airborne Collision Avoidance System Mode S reply processing function shall—

    (a)    use separate reply processors for Mode S reply formats received at or above the conventional MTL and a separate reply processor for Mode S reply formats received below the conventional MTL; or

    (b)    use a Mode S reply processor that will re-trigger if it detects a Mode S preamble that is 2 to 3 dB stronger than the reply that is currently being processed.

PART V
Mode S Extended Squitter (regs 74-85)

74.    Automatic Dependence Surveillance (ADS)-B out requirements

    (1) An aircraft, surface vehicles and fixed obstacles supporting a (ADS)-B capability shall incorporate the (ADS)-B message generation function and the (ADS)-B message exchange function (transmit) as depicted in Figure 3-1 and 3-2 set out in Schedule 3.

    (2) An (ADS)-B transmission from aircraft shall include position, aircraft identification and type, airborne velocity, and event driven messages including emergency or priority information.

    (3) An extended squitter transmitting equipment shall use the latest versions available of formats and protocols.

    (4) A Mode S extended squitter transmitting equipment shall be classified according to the unit’s range capability and the set of parameters, that it can transmit consistent with the following definition of general equipment classes and the specific equipment classes defined in accordance with Tables 3-1 set out in Schedule 3—

    (a)    an extended squitter airborne systems support an interactive capability incorporating, both an extended squitter transmission capability, that is, (ADS)-B OUT with a complementary extended squitter reception capability that is, (ADS)-B IN in support of onboard (ADS)-B applications;

    (b)    class B extended squitter systems provide a transmission only, that is, (ADS)-B OUT without an extended squitter reception capability, for use on aircraft, surface vehicles, or fixed obstructions; and

    (c)    class C extended squitter systems have only a reception capability and thus have no transmission requirements.

    (5) A class A extended squitter airborne system shall have transmitting and receiving subsystem characteristics of the same class, that is A0, A1, A2, or A3 as provided under subregulation (1) and regulation 63(2).

75.    Control of ADS-B out operation

    (1) A protection against reception of corrupted data from the source providing the position shall, be satisfied by error detection on the data inputs and the appropriate maintenance of the installation.

    (2) When an independent control of the ADS-B OUT function is provided, the operational state of the ADS-B OUT function shall always be indicated to the flight crew.

76.    TIS-B out requirements

    (1) A ground station supporting a Traffic Information Service-B TIS-B capability shall incorporate the TIS-B message generation function and the TIS-B message exchange function (transmit).

    (2) An extended squitter message for TIS-B shall, be transmitted by an extended squitter ground station when connected to an appropriate source of surveillance data.

    (3) The maximum transmission rate and effective radiated power of the transmission shall be controlled to avoid unacceptable levels of RF interference to other 1 090 MHz systems under subregulation (2) that is, SSR and Airborne Collision Avoidance System.

77.    ADS-B out requirements for surface vehicles

    (1) A surface vehicle supporting any versions of extended squitter ADS-B capability shall, transmit extended squitter messages as set out regulation 67(2).

    (2) The position source and equipment installed in a surface vehicle to transmit extended squitter version two messages shall, support the following performance characteristics—

    (a)    the Navigation Accuracy Category Position or the navigation position data shall be greater than or equal to 9, or a 95 per cent accuracy bound on horizontal position less than 30 metres;

    (b)    the Navigation Accuracy Category Velocity for the navigation velocity data shall, be greater than or equal to two, a velocity error less than three meters per second;

    (c)    the Navigation Accuracy Category Position and National Accuracy Category Velocity minimum values shall, be met at a minimum availability of 95 per cent; and

    (d)    the system design assurance parameter shall, be equal to one or more, which defines the probability of a failure resulting in transmission of false or misleading information to be less than or equal to 1 x 103.

78.    Mode S extended squitter receiving system functional requirements

    (1) A Mode S extended squitter receiving systems shall perform the message exchange function receive and the report assembler function.

    (2) The required functionality and performance characteristics for the Mode S extended squitter receiving system may vary depending on the ADS-B and TIS-B client applications to be supported and the operational use of the system.

    (3) A Airborne Mode S extended squitter receivers shall be consistent with the definition of receiving system classes shown in Table 3-3 set out in Schedule 3.

79.    Message exchange function

    (1) The message exchange function shall, include the 1 090 MHz receiving antenna and the radio, equipment, receiver, demodulator, decoder, data buffer, sub-functions.

    (2) An airborne Mode S extended squitter receiving system shall, support the reception and decoding of all extended squitter messages as listed in Table 3-3 of the Schedule 3.

    (3) An ground ADS-B extended squitter receiving system shall support the reception and decoding of the extended squitter message types that convey information needed to support the generation of the ADS-B reports of the types required by the client ATM ground applications.

    (4) An airborne Mode S extended squitter receiver, demodulation or decoder shall employ the reception techniques and have a receiver minimum trigger threshold level as listed in Table 3-3 set out in Schedule 3, as a function of the airborne receiver class.

    (5) A reception technique and MTL for extended squitter ground receiver shall be selected to provide the reception performance, range and update rates, as required by the client Air Traffic Management ground applications.

    (6) A Class A1, A2 and A3 airborne receiving systems shall, include the following features to provide improved probability of a Mode S extended squitter reception, in the presence of multiple overlapping Mode A/C fruit or in the presence of an overlapping stronger Mode S fruit, as compared to the performance of the standard reception technique required for Class A0 airborne receiving systems—

    (a)    improved Mode S extended squitter preamble detection;

    (b)    enhanced error detection and correction; and

    (c)    enhanced bit and confidence declaration techniques applied to the airborne receiver classes as shown below—

        (i)    Class A1 – Performance equivalent to or better than the use of the Centre Amplitude technique,

        (ii)    Class A2 – Performance equivalent to or better than the use of the Multiple Amplitude Samples baseline technique, where at least eight samples are taken for each Mode S bit position and are used in the decision process, and

        (iii)    Class A3 – Performance equivalent to or better than the use of the Multiple Amplitude Samples baseline technique, where at least 10 samples are taken for each Mode S bit position and are used in the decision process.

80.    Report assembler function

    (1) A report assembler function shall include the message decoding, report assembly, and output interface sub-functions.

    (2) When an extended squitter message is received, the message shall be decoded and the applicable ADS-B report of the types as provided under regulation 81 shall be generated within 0.5 seconds.

81.    ADS-B report types

    (1) A state vector report shall contain—

    (a)    the time of applicability;

    (b)    information about an airborne or vehicle’s current kinematic state such as position and velocity;

    (c)    the measure of the integrity of the navigation data, based on information received in airborne or ground position;

    (d)    the airborne velocity; and

    (e)    the identification and type extended squitter messages.

    (2) The time of applicability shall be reported individually for the position related report parameters and the velocity related report parameters, due to separate messages used for the position and velocity.

    (3) A State vector report shall include a time of applicability for the estimated position or estimated velocity information, not based on a message with updated position or velocity information, when such estimated position or velocity information is included in the State vector report.

    (4) A mode status report shall, contain—

    (a)    time of applicability and current operational information about the transmitting participant, including airborne or vehicle address;

    (b)    call sign;

    (c)    ADS-B version number;

    (d)    airborne or vehicle length and width information;

    (e)    state vector quality information; and

    (f)    other information based on information received in operational status, airborne identification and type, airborne velocity and airborne status extended squitter messages.

    (5) A report assembler function shall update the report time of applicability when a mode status report is generated.

    (6) A parameter which do not have a valid data available shall, either be indicated as invalid or omitted from the mode status report.

    (7) An air referenced velocity reports shall be generated when the air referenced velocity information is received in airborne velocity extended squitter messages.

    (8) An air referenced velocity report shall, contain time of applicability, airspeed and heading information.

    (9) Certain classes of extended squitter receiving systems, as defined in regulation 83 are required to generate air referenced velocity reports.

    (10) When an individual mode status report is generated, the report assembly function shall update the report time of applicability.

    (11) An RA report shall contain time of applicability and the contents of an active Airborne Collision Avoidance System Resolution Advisory as received in a Type=28 and Subtype=2 extended squitter message.

82.    TIS-B report types

    (1) When a TIS-B message is received by airborne receiving systems, the information shall be reported to client applications.

    (2) When an individual TIS-B report is generated, the report assembly function shall update the report time of applicability to the current time.

    (3) A received information elements, except the position, shall be reported directly, including all reserved fields for the TIS-B fine format messages, and the entire message content of any received TIS-B management message.

    (4) An information content reported shall, be the same as the information content received.

    (5) When a TIS-B position message is received, it is compared with tracks to determine whether it can be decoded into target position, correlated to an existing track.

    (6) When the message in subregulation (5) is decoded into target position a report shall be generated within 0.5 seconds.

    (7) The report under subregulation (6) shall contain—

    (a)    the received position information with a time of applicability;

    (b)    the most recently received velocity measurement with a time of applicability;

    (c)    the estimated position and velocity applicable to a common time of applicability, airborne or vehicle address; and

    (d)    all other information in the received message.

    (8) The estimated values shall be based on the received position information and the track history of the target.

    (9) When a TIS-B velocity message is received, if it is correlated to a complete track—

    (a)    a report shall be generated, within 0.5 seconds of the message reception; and

    (b)    the estimated values shall be based on the received ground reference velocity information and track history of the target.

    (10) The report in subregulation (9), shall—

    (a)    contain the received velocity information with a time of applicability;

    (b)    the estimated position and velocity applicable to a common time of applicability; and

    (c)    airborne or vehicle address, and all other information in the received message.

    (11) The whole message content of any received TIS-B management message shall, be reported directly to the client applications.

    (12) The contents of a received TIS-B management message shall, be reported bit-for-bit to the client applications.

    (13) The information content reported shall, be the same as the information content received.

83.    Report time of applicability

    (1) The receiving system shall use a local source of reference time as the basis for reporting the time of applicability, as defined for each specific ADS-B and TIS-B report type.

    (2) A receiving system intended to generate ADS-B or TIS-B reports based on the reception of surface position messages, airborne position messages, or TIS-B messages shall use General Navigation Satellite System UTC measured time for the purpose of generating the report time applicability for the following cases of received messages—

    (a)    version zero (0) ADS-B messages, as defined in paragraph 1.1.2.8.6.2 set out Schedule 1, when the navigation uncertainty category is 8 or 9; or

    (b)    version zero (0) ADS-B messages, as defined in paragraphs 1.1.2.8.6.2 and 1.1.2 8.7 set out Schedule 1 when the navigation integrity category is 10 or 11.

    (3) A UTC measured time data shall have a minimum range of 300 seconds and a resolution of 0.0078125 (1/128) seconds.

    (4) For a receiving system not intended to generate ADS-B or TIS-B reports, based on reception of ADS-B or TIS-B messages meeting the NUC or NIC criteria as provided under subregulation (2), a non-precision time source shall be allowed.

    (5) Where there is no appropriate precision time source available, the receiving system shall establish an appropriate internal clock or counter having a maximum clock cycle or count time of 20 milliseconds.

    (6) A established cycle or clock count shall, have a minimum range of 300 seconds and a resolution of 0.0078125 (1/128) seconds.

84.    Reporting requirements

    (1) The report assembler function associated with Type I Mode S extended squitter receiving systems, as defined in regulation 65, shall support that subset of ADS-B and TIS-B reports and report parameters, that are required by the specific client applications being served by that receiving system.

    (2) The report assembler function associated with Type II receiving systems, as defined in regulation 65, shall generate ADS-B and TIS-B reports according to the class of the receiving system as provided under Table 3-4 set out in Schedule 3, when the prerequisite ADS-B or TIS-B messages are being received.

    (3) The report assembler function associated with Mode S extended squitter ground receiving systems, as defined in regulation 65, shall support that subset of ADS-B reports and report parameters that are required by the specific client applications being served by that receiving system.

85.    Interoperability

    (1) The Mode S extended squitter receiving system shall provide interoperability with both version zero and version one extended squitter ADS-B message formats.

    (2) The Mode S extended squitter receiving system shall upon acquiring a new ADS-B target, initially apply the decoding provisions applicable to version 0 ADS-B messages until or unless an operational status message is received indicating version one message format is in use.

    (3) The Mode S extended squitter receiving system shall—

    (a)    decode the version number information conveyed in the operational status message; and

    (b)    apply the corresponding decoding rules, version 0 or version 1, for the decoding of the subsequent extended squitter ADS-B messages from that specific airborne or vehicle.

    (4) The Mode S extended squitter receiving system shall ignore the contents of any message subfield defined as reserved.

PART VI
Multilateration (MLAT) Systems (regs 86-88)

86.    Functional requirements

    (1) The Radio Frequency characteristics, structure and data contents of signals used in 1 090 MHz MLAT systems shall conform to the provisions of Schedule 1.

    (2) An MLAT system used for air traffic surveillance shall be capable of determining aircraft position and identity.

    (3) Where an MLAT system is equipped to decode additional position information contained in transmissions, it shall report such information separately from the aircraft position calculated based on Time Difference of Arrivals.

87.    Protection of radio frequency environment

    (1) The effective radiated power of active interrogators shall be reduced to the lowest value consistent with the operationally required range of each individual interrogator site.

    (2) An active MLAT system shall not use active interrogations to obtain information that can be obtained by passive reception within each required update period.

    (3) An active MLAT system consisting of a set of transmitters shall be considered as a single Mode S interrogator.

    (4) The set of transmitters used by all active MLAT systems in any part of the airspace shall, not cause any transponder to be impacted such that its occupancy, because of the aggregate of all MLAT 1 030 MHz interrogations, is greater than two per cent at any time.

    (5) An active MLAT systems shall not use Mode S all-call interrogations.

88.    Performance requirements

    The performance characteristics of the MLAT system used for air traffic surveillance shall be that the intended operational service can be satisfactorily supported.

PART VII
Technical Requirements for Airborne Surveillance Applications (regs 89-90)

89.    Traffic data functions

    (1) An Airborne Collision Avoidance System shall support a function to identify unambiguously each reference aircraft relevant to the application.

    (2) An Airborne Collision Avoidance System shall support a function to monitor the movements and behavior of each reference aircraft relevant to the application.

    (3) An Airborne Collision Avoidance System shall support a computational function to predict the future position of a reference aircraft beyond simple extrapolation.

90.    Displaying traffic

    (1) An Airborne Collision Avoidance System shall display only one track for each distinct aircraft on a given display.

    (2) Where a track generated by ADS-B/TIS-B IN and a track generated by an Airborne Collision Avoidance System have been determined to belong to the same aircraft, the track generated by ADS-B/TIS-B IN shall be displayed.

    (3) The display of the tracks shall, comply with the requirements of Airborne Collision Avoidance System traffic display.

PART VIII
General Provisions (regs 91-98)

91.    Application for exemptions

    (1) An Air Navigation Service Provider who wishes to be exempted from any requirement under these Regulations may apply to the Authority in writing.

    (2) The application shall specify the time when the Air Navigation Service Provider is expected by the Authority to fully comply.

92.    Drug and alcohol testing and reporting

    (1) A person who performs any function determined by these Regulations directly or by contract, under the provisions of these Regulations may be tested for drug or alcohol usage.

    (2) A person who refuses to submit to a test to indicate—

    (a)    the percentage by weight of alcohol in the blood; or

    (b)    the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

        (i)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal, or

        (ii)    have his or her licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (3) Any person who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

    (a)    be denied any license, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

    (b)    have his or her licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

93.    Change of name

    (1) An Air Navigation Service Provider holder of a certificate issued under these Regulations, shall apply to the Authority for—

    (a)    replacement of the certificate if lost or destroyed;

    (b)    change of name on the certificate; or

    (c)    an endorsement on the certificate.

    (2) For purpose of subregulation (1), the holder of a certificate shall submit to the Authority—

    (a)    the original certificate, or a copy thereof in case of loss; and

    (b)    a court order, or other legal document verifying the name change.

    (3) The Authority shall return to the holder of a certificate, with the appropriate changes applied for, if any, the originals specified under subregulation (2) and, where necessary, retain copies thereof.

94.    Change of address

    (1) A holder of a CNSP certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address within 14 days of such change.

    (2) A holder of a CNSP certificate who does not notify the Authority of the change in the physical and mailing address within the time frame specified in subregulation (1), shall not exercise the privileges of the certificate.

95.    Replacement of documents

    A person shall apply to the Authority in Form A set out in Schedule 4 for replacement of documents issued under these Regulations if such documents are lost or destroyed.

96.    Use and retention of documents and records

    (1) A person shall not—

    (a)    use any certificate or exemption issued or required by or under these Regulations which has been forged, altered, cancelled, or suspended, or to which he is not entitled;

    (b)    forge or alter any certificate or exemption issued or required by or under these Regulations;

    (c)    lend any certificate or exemption issued or required by or under these Regulations to any other person;

    (d)    make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate or exemption; or

    (e)    mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.

    (2) Any record required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

    (3) A person shall not issue any certificate or exemption under these Regulations unless he or she is authorised by the Authority.

    (4) A person shall not issue any certificate referred to in subregulation (3), unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

97.    Reports of violation

    (1) Any person who knows of a violation of these Regulations, rules, or orders issued there under, shall report it to the Authority.

    (2) For purposes of subregulation (1), the Authority shall determine the nature and type of investigation or enforcement action that need to be taken.

98.    Failure to comply with direction

    Any person who fails to comply with any direction given to him or her by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

PART IX
Offences and Penalties (reg 99)

99.    Penalties

    (1) A person who contravenes any provision of these Regulations, orders, notices or proclamations made there under is liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

    (2) Any person who contravenes any provision of these Regulations is to be liable to a fine not exceeding P 100 000 or to imprisonment for a term not more than six months, or to both.

    (3) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made under the Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

SCHEDULE 1

(regs 14, 17-22, 24, 27, 38, 44, 47, 83 and 86)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 2
ACAS SYSTEM

(regs 28, 30, 32, 37, 39, 40, 47, 48, 50, 54, 56-59, 63 and 65)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 3
AUTOMATIC DEPENDENT SURVEILLANCE - BROADCAST

(regs 74, 78, 79 and 84)

 

 

 

 

 

SCHEDULE 4

FORM A

(reg 95)

 

 

 

CIVIL AVIATION (ACCIDENT AND INCIDENT INVESTIGATION) REGULATIONS

(sections 68(3) and 89)

(13th June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
Investigations General

    3.    Application

    4.    Accident investigations

    5.    Form and conduct of investigations

    6.    Accident and Incident Investigation Manual

PART III
Accident Investigations, Advisers and Other Support Personnel

    7.    Accident Investigators

    8.    Powers of Accident Investigators

    9.    Conflict of interest

PART IV
Manner of Carrying Out Investigations

    10.    Who may carry out investigations

    11.    Notification of accidents and incidents

    12.    Notification of accident or incident involving civil aircraft by State of occurrence

    13.    Notice to public

    14.    Appointment of accredited representative, adviser, etc.

    15.    Accredited representatives and advisers from contracting States

    16.    Participation

    17.    Observers

    18.    Assistance to families and survivors

    19.    Removal of damaged aircraft

    20.    Protection of evidence, custody and removal of aircraft

    21.    Request from State of registry, State of the operator, State of design or State of manufacture

    22.    Flight recorders read-out

    23.    Autopsy examination

    24.    Co-ordination – judicial authorities

    25.    Re-opening of investigation

PART V
Investigation – Responsibility for Instituting and Conducting the Investigation

    26.    Accidents or incidents in the territory of Botswana

    27.    Accidents or incidents outside the territory of any State

    28.    Independence in conducting investigation

    29.    Designation of the investigator-in-charge

    30.    Responsibility to the State conducting the investigation

    31.    Responsibility of the State of registry and the State of the operator

    32.    Participation in the investigation

    33.    Participation of other States

    34.    Participation of States having suffered fatalities or serious injuries to their citizens

PART VI
Investigation Reports

    35.    Investigation reports

    36.    Service of notice

    37.    Publication of final report

PART VII
Reporting Systems and Databases, etc.

    38.    Incident reporting systems

    39.    Accident and incident database

    40.    Safety recommendations

PART VIII
Public Inquiries

    41.    Manner of carrying out public inquiries

    42.    Notice of inquiry

    43.    Powers of Commissioner

    44.    Proceedings at public inquiry

    45.    Submission of report by Commissioner

    46.    Re-opening of public inquiry

PART IX
General Provisions

    47.    Protection of accident and incident investigation records

    48.    Release and disposal of aircraft and wreckage

    49.    Return and disposal of records

    50.    Penalties

    51.    Revocation and savings

        SCHEDULE 1

        SCHEDULE 2

S.I. 74, 2022.

PART I
Preliminary (regs 1-2)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Accident and Incident Investigation) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accident investigation authority" means the authority designated by a State as responsible for aircraft accident and incident investigations;

    "accredited representative" means a person designated by a State, on the basis of his or her qualifications, for the purposes of participating in an investigation conducted by another State;

    "adviser" means a person appointed by a State on the basis of his or her qualifications for the purpose of assisting the State’s accredited representative in an investigation;

    "Air Traffic Service" means Air Traffic Services and includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome service;

    "automatic deployable flight recorder" means a combination flight recorder installed on the aircraft which is capable of automatically deploying from the aircraft;

    "causes" means actions, omissions, events, conditions or a combination thereof which lead to an accident or incident, it does not imply the assignment of fault or the determination of administrative, civil or criminal liability;

    "contracting State" means any State which is a party to the Chicago Convention;

    "contributing factors" means actions, omissions, events, conditions, or a combination thereof, which, if eliminated, avoided or absent, would have reduced the probability of the accident or incident occurring, or mitigated the severity of the consequences of the accident or incident and the identification of contributing factors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;

    "flight recorder" means any type of recorder installed in an aircraft for the purpose of complementing accident and incident investigation;

    "investigation" means a process conducted for the purpose of finding out the cause of an accident which includes the gathering and analysis of information, the drawing of conclusions including the determination of causes and contributing factors, when appropriate, the making of safety recommendations;

    "investigator-in-charge" means an accident investigator charged with the responsibility for the organisation, conduct and control of an investigation;

    "maximum mass" means maximum certificated take-off mass;

    "non-contracting State" means any State which is not party to the Chicago Convention;

    "pilot-in-command" means the 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;

    "preliminary report" means the communication used for the prompt dissemination of data obtained during the early stages of an investigation;

    "safety recommendation" means a proposal by the investigator-in-charge, based on the information derived from the investigation and made with the intention of preventing future accidents or incidents;

    "serious injury" means an injury which is sustained by a person in an accident and which—

    (a)    requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was sustained;

    (b)    results in a fracture of any bone and excludes simple fractures such as of fingers, toes or nose;

    (c)    involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;

    (d)    involves injury to any internal organ;

    (e)    involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or

    (f)    involves verified exposure to infectious substances or injurious radiation;

    "State of design" means the State having jurisdiction over the organisation responsible for the type design of the aircraft, engine or propeller;

    "State of manufacture" means the State having jurisdiction over the organisation responsible for the final assembly of the aircraft, engine or propeller;

    "State of occurrence" means the State in the territory of which an accident or incident occurs;

    "State of the operator" means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;

    "State of registry" means the State on whose register the aircraft has entered; and

    "State Safety Programme (SSP)" means an integrated set of regulations and activities aimed at improving safety.

PART II
Investigations General (regs 3-6)

3.    Application

    (1) These Regulations shall apply to activities following accidents and incidents involving Botswana registered aircraft wherever they occur and any accidents and incidents that occur within Botswana.

    (2) The specifications concerning the State of the operator apply only when—

    (a)    an aircraft is leased, chartered or interchanged; and

    (b)    the State is not the State of registry, and if it discharges, in respect of these Regulations, in part or in whole, the functions and obligations of the State of registry.

    (3) The sole objective of the investigation of an accident or incident shall—

    (a)    be the prevention of accidents and incidents; and

    (b)    not be to apportion blame or liability.

4.    Accident investigations

    (1) Subject to section 75 of the Act, an investigation may be conducted to reveal hazards or deficiencies within the aviation system not directly connected with the causes of the accident or incident.

    (2) An investigation into an accident or incident shall include among other things—

    (a)    the gathering, recording and analysis of all available information and evidence on the accident or incident;

    (b)    the determination of the facts, conditions and circumstances pertaining to the survival or non-survival of the occupants of the aircraft;

    (c)    where possible, the determination of the cause or contributing factors of an accident or incident;

    (d)    where appropriate, the issuance of safety recommendations; and

    (e)    the completion of the final report required under regulation 38.

5.    Form and conduct of investigations

    (1) An investigation shall not be open to the public.

    (2) An Accident Investigator shall have independence and unrestricted authority in the conduct of an investigation in accordance with these Regulations.

    (3) The extent of investigations and the procedure to be followed in carrying out investigations required or authorised under these Regulations shall be determined by the Director, taking into account—

    (a)    the objective of investigation as provided by the Act;

    (b)    the lessons expected to be drawn from the aircraft accident or incident;

    (c)    the complexity of the investigation; and

    (d)    the provision of Annex 13 to the Chicago Convention.

    (4) Where, in the course of an investigation into an accident or a serious incident, it becomes known or is suspected that an act of unlawful interference was involved, an investigator-in-charge shall, after consultation with the Director—

    (a)    immediately inform all aviation security authorities and the police; or

    (b)    take steps to ensure that the aviation security authorities of other States concerned are informed of the fact.

    (5) Any investigation conducted in accordance with these Regulations shall be independent from any judicial or administrative proceedings to determine blameworthiness or liability.

6.    Accident and Incident Investigation Manual

    (1) The Director shall prepare an Accident and Incident Investigation Manual which shall outline in detail the policies and procedures of the functions of the accident investigation.

    (2) The manual shall also contain information and instructions on planning, investigation and reporting and any other information or instructions necessary to enable the Accident Investigators to perform their duties.

PART III
Accident Investigations, Advisers and Other Support Personnel (regs 7-9)

7.    Accident Investigators

    (1) The Director may, where—

    (a)    more than one Accident Investigator has been appointed to carry out an accident or incident investigation, appoint one of the Accident Investigators as an investigator-in-charge; and

    (b)    appropriate, appoint one Accident Investigator who shall be the investigator-in-charge.

    (2) The investigator-in-charge shall be the first point of call on any issue regarding an accident or incident investigation to which he or she is in charge of.

    (3) The Director may appoint any person or call upon the best technical expertise from any source to assist the investigator-in-charge or any other Accident Investigator in carrying out an investigation under these Regulations.

8.    Powers of Accident Investigators

    (1) In addition to the powers provided under section 72 of the Act, the Director and an investigator-in-charge shall have power to—

    (a)    order for immediate listing of evidence and the removal of debris or components for examination or analysis purposes;

    (b)    immediately access and use the contents of flight recorders, Air Traffic Services records and any other recording, which access shall be unrestricted;

    (c)    require the flight crew, passengers and aviation personnel involved in the accident or incident to undergo such other tests including breathalyser test within a reasonable time for the purposes of the investigation; and

    (d)    take measures, including the removal or the testing, for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident, where it appears to the Director, an investigator-in-charge or an Accident Investigator to be necessary for the purposes of the investigation.

    (2) Without prejudice to the generality of subregulation (1), the Director may request another contracting State to provide such information, facilities or experts as the Director may consider necessary for the purposes of an investigation.

9.    Conflict of interest

    (1) The Director shall not appoint a person as an Accident Investigator if the person is directly or indirectly, as the owner, shareholder, director, officer, partner or otherwise, engaged in—

    (a)    an air transportation undertaking or business; or

    (b)    the manufacture or distribution of air transportation plant or equipment, except where the distribution is merely incidental to the general merchandising of goods.

    (2) During the term of office of an Accident Investigator, in addition to the prohibitions under subregulation (1), the Accident Investigator shall not—

    (a)    accept or hold any office or employment; or

    (b)    carry on any activity, inconsistent with the performance of the investigator’s duties.

PART IV
Manner of Carrying Out Investigations (regs 10-25)

10.    Who may carry out investigations

    (1) The Director may, with the approval of the Minister, delegate the task of carrying out an investigation into an accident or a serious incident to another contracting State or accident investigation authority by mutual consent or arrangement made in a Memorandum of Understanding for a specified period of time, or on ad hoc basis.

    (2) Where the Director delegates the task of carrying out an investigation to another contracting State or accident investigation authority, he or she shall facilitate investigation carried out by the Accident Investigator appointed by the contracting State or accident investigation authority conducting the investigation.

    (3) The Director may carry out, or cause an Accident Investigator to carry out, an investigation into an accident or incident where the task of carrying out the investigation has been delegated to Botswana by another contracting State.

11.    Notification of accidents and incidents

    (1) Any person who becomes aware of an accident or a serious incident that occurs in or over Botswana or outside Botswana which involves a Botswana registered aircraft or an aircraft operated by a Botswana operator, shall, as soon as is practicable after he or she becomes aware of the accident or serious incident, notify by indicating the place where the accident has occurred, to any of the following persons by the quickest means of communication available—

    (a)    the Director;

    (b)    the nearest Air Traffic Service or airport authority;

    (c)    the Police;

    (d)    military personnel; or

    (e)    the nearest local government authority.

    (2) The persons listed in subregulation (1)(b) to (e), shall, on being notified of an accident or serious incident, immediately notify the Director.

    (3) Subject to subregulation (1), the Director shall, not later than 24 hours after becoming aware of the accident or serious incident, record the following information—

    (a)    in the case of an accident, the identification abbreviation "ACCID" or, in the case of a serious incident, the identification abbreviation "INCID";

    (b)    the manufacturer, model, nationality, registration marks and serial number of the aircraft;

    (c)    the name of the owner, operator or hirer, if any, of the aircraft;

    (d)    qualification of the pilot-in-command;

    (e)    nationality of crew and passengers;

    (f)    the date and time (local time or UTC) of the accident or serious incident;

    (g)    the last point of departure and the point of intended landing of the aircraft;

    (h)    the location of the accident or incident with reference to some easily defined geographical point and the latitude and longitude;

    (i)    the number of crew members, passengers or other persons respectively killed or seriously injured as a result of the accident;

    (j)    a description of the accident or serious incident and the extent of damage to the aircraft;

    (k)    an indication as to the extent of the conduct of the investigation or the extent of the investigation proposed to be delegated by the Director;

    (l)    the physical characteristics of the area in which the accident or serious incident occurred and an indication of access difficulties or special requirements to reach the site;

    (m)    identification of the originating authority and means to contact the investigator-in-charge and the accident investigation authority of the State of occurrence at any time; and

    (n)    presence and description of dangerous goods on board the aircraft.

    (4) Where an incident, other than a serious incident, occurs—

    (a)    in or over Botswana; or

    (b)    outside Botswana,

which involves a Botswana registered aircraft or an aircraft operated by a Botswana operator, the relevant person or hirer of the aircraft shall send to the Director, such information as is in his or her possession or control with respect to the incident.

    (5) In this regulation "relevant person" means—

    (a)    the pilot-in-command, operator or the owner of the aircraft at the time of the accident or incident; or

    (b)    where the incident occurs on or adjacent to an aerodrome in Botswana, the owner or operator of the aerodrome.

12.    Notification of accident or incident involving civil aircraft by State of occurrence

    (1) Where an accident or a serious incident occurs in Botswana involving a civil aircraft, the Director shall—

    (a)    with the least possible delay and by the quickest means of communication available, forward a notification of the accident or serious incident containing information referred to in regulation 11(3) as may be available to—

        (i)    the State of registry,

        (ii)    the State of operator,

        (iii)    the State of design or the State of manufacture, and

        (iv)    where the aircraft is of a maximum certificated take-off mass of more than 2 250 kilograms or a turbo jet powered aircraft, to the International Civil Aviation Organisation;

    (b)    inform the State of registry, State of operator, State of design or State of manufacture either in the communication forwarding the notification or with a minimum of delay and by the most suitable and quickest means available to—

        (i)    whether, and the extent to which, an investigation may be conducted or is proposed to be delegated to another contracting State, and

        (ii)    the means by which the Director and the investigator-in-charge may be contacted; and

    (c)    as soon as is practicable to do so, provide the State of registry, operator, design or manufacture with any other information referred to in regulation 11(3) which subsequently becomes available to the Director and any other relevant information pertaining to the accident or serious incident.

    (2) The Director shall acknowledge receipt of notification of an accident or serious incident involving a Botswana registered or operated aircraft.

    (3) The Director shall, upon receipt of a notification of an accident or an incident which occurs outside Botswana involving a Botswana registered aircraft or an aircraft operated by a Botswana operator—

    (a)    acknowledge receipt of the notification;

    (b)    where the State of occurrence, the State of registry or the State of the operator which is investigating the accident or serious incident is a contracting State, provide the State as soon as is practicable with the following information—

        (i)    any relevant information regarding the aircraft and flight crew involved in the accident or serious incident, and

        (ii)    where Botswana is the State of the operator, details of any dangerous goods on board the aircraft; and

    (c)    inform the State of occurrence, registry or of the operator—

        (i)    whether the Minister intends to appoint or has appointed an accredited representative, and

        (ii)    where the accredited representative has been appointed and may be travelling to the State in which the investigation is being carried out, the contact details and the expected date of arrival of the accredited representative in such State.

    (4) The Director may from time to time prescribe a list of incidents, in Schedule 1, to be regarded as serious incidents.

    (5) Where the State of occurrence is not aware of a serious incident, the State of registry or the State of the operator, as appropriate, shall forward a notification of such an incident to the State of design, the State of manufacture and the State of occurrence.

    (6) The notification shall be prepared in one of the working languages of International Civil Aviation Organisation, taking into account the language of the recipient, whenever it is possible to do so without causing undue delay.

    (7) The State of occurrence shall dispatch the details omitted from the notification as well as other known relevant information as soon as it is availed.

13.    Notice to public

    (1) Where the Director is of the opinion that it would be desirable for a public notice to be given that an investigation is taking place, he or she may do so in such manner as he or she may deem fit.

    (2) The notice referred to in subregulation (1) may, if the Director thinks appropriate, state that any person who desires to make representations concerning the circumstances or causes of the accident or incident may do so orally or in writing within a time to be specified in the notice.

14.    Appointment of accredited representative, adviser, etc.

    (1) The Minister may appoint an accredited representative to participate in the investigation into an accident or incident which occurs in another contracting State and one or more advisers to assist the accredited representative where Botswana—

    (a)    is the State of registry, State of the operator, State of the manufacture or State of design of the aircraft involved in the accident or incident; or

    (b)    has, at the request of the contracting State conducting the investigation, provided information, facilities or experts to the State in connection with the investigation.

    (2) The Minister may appoint an expert to participate in the investigation into an accident which occurs in another contracting State where Botswana has a special interest in the accident by virtue of fatalities or injuries to citizens of Botswana.

    (3) The accredited representative and an adviser appointed by the Minister under subregulation (1) may, for the purposes of the investigation in which they are participating in, exercise all or any of the rights and powers of an Accident Investigator specified under section 72 of the Act and under regulation 8.

    (4) The Minister may, if he or she deems appropriate, authorise the Director to exercise the Minister’s power under subregulation (1) either generally or in any specific manner.

15.    Accredited representatives and advisers from contracting States

    (1) Where an investigation into an accident or a serious incident is being carried out, each of the following States that is a contracting State shall be invited to appoint an accredited representative to participate in the investigation and one or more advisers to assist the accredited representative—

    (a)    the State of registry;

    (b)    the State of the operator;

    (c)    the State of the manufacture;

    (d)    the State of design;

    (e)    a State which has provided information, facilities or experts to assist in connection with the investigation; and

    (f)    a State having suffered fatalities or serious injuries to its citizens.

    (2) The operator shall be invited to participate in the investigation, when neither the State of registry nor the State of the operator appoints an accredited representative.

    (3) The organisations responsible for the type design and the final assembly of the aircraft shall be invited to participate in the investigation, when neither the State of design nor the State of manufacture appoints an accredited representative, subject to the procedures approved by the Director.

    (4) When the State conducting an investigation of an accident to an aircraft of a maximum mass of over 2 250 kilograms specifically requests participation by the State of registry, the State of the operator, the State of design or the State of manufacture, the State concerned shall each appoint an accredited representative.

    (5) An accredited representative shall participate in all aspects of an investigation under the control of the investigator-in-charge and shall have the same powers as those of an Accident Investigator set out in section 72 of the Act.

    (6) Notwithstanding subregulation (4), participation of the accredited representative of a contracting State referred to in subregulation (1)(e) may be limited to those matters in respect of which that State has provided information, facilities or experts to the investigator-in-charge in connection with the investigation.

    (7) An adviser assisting an accredited representative shall participate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective.

    (8) The accredited representative and his or her adviser appointed under subregulation (1) shall—

    (a)    provide the investigator-in-charge with all relevant information available for the investigation; and

    (b)    not disclose any information on the progress and findings of the investigation without the express consent in writing of the Director.

    (9) Nothing in this regulation shall preclude prompt release of facts when authorised by the State conducting the investigation, nor does this regulation preclude accredited representatives from reporting to their respective States in order to facilitate appropriate safety actions.

16.    Participation

    (1) An accredited representative shall be conferred with entitlement to participate in all aspects of the investigation, under the control of the investigator-in-change, in particular to—

    (a)    visit the scene of the accident;

    (b)    examine the wreckage;

    (c)    obtain witness information and suggest areas of questioning;

    (d)    have full access to all relevant evidence as soon as possible;

    (e)    receive copies of all pertinent documents;

    (f)    participate in read-outs of recorded media;

    (g)    participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;

    (h)    participate in investigation progress meetings including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; and

    (i)    make submissions in respect of the various elements of the investigation.

    (2) The participation of States other than the State of registry, the State of the operator, the State of design and the State of manufacture may be limited to those matters which entitled such States to participation.

17.    Observers

    An accredited representative of a State or an air accident investigation authority from a State other than the State specified in regulation 13(1) may, on request, and with written permission of the Director participate in an investigation as an observer.

18.    Assistance to families and survivors

    (1) The Director shall ensure assistance to the survivors and to the families of victims and survivors of an accident which is the subject of an ongoing investigation by—

    (a)    communicating all relevant information on time;

    (b)    facilitating their entry into and exit from the country;

    (c)    facilitating the repatriation of victims to their country; and

    (d)    co-ordinating assistance efforts by the government airlines and humanitarian organisations.

    (2) The Director shall develop guidelines for the better implementation of subregulation (1).

19.    Removal of damaged aircraft

    (1) Where an accident or serious incident occurs in Botswana, no person shall—

    (a)    have access to the aircraft involved in the accident or serious incident, its contents or the site of the accident or serious incident other than the Director, investigator-in-charge or an authorised person; or

    (b)    move or interfere with the aircraft, its contents or the site of the accident or serious incident except under the authority of the Director or the investigator-in-charge.

    (2) Notwithstanding subregulation (1)—

    (a)    the aircraft involved in an accident or a serious incident may be moved or interfered with to such extent as may be necessary for all or any of the following purposes—

        (i)    extricating persons or animals,

        (ii)    removing any mail, valuables or dangerous good carried by the aircraft,

        (iii)    preventing destruction by fire or other cause, and

        (iv)    preventing any danger or obstruction to the public, air navigation or other transport; or

    (b)    where the aircraft is wrecked in water, the aircraft or any of its contents may be moved to such extent as may be necessary for bringing the aircraft or its contents to a place of safety.

    (3) Where the Director or an investigator-in-charge has authorised any person to remove any goods or passenger baggage from the aircraft or to release any goods or passenger baggage from the custody of the Director or an investigator-in-charge, that person may—

    (a)    remove the goods or passenger baggage from the aircraft subject to the supervision of a police officer; and

    (b)    release the goods or passenger baggage from the custody of the Director or the investigator-in-charge subject to clearance by or with the consent of the Botswana Unified Revenue Service, if the aircraft has come from a place outside Botswana.

    (4) In the absence of the owner, operator or hirer, or in the event of non-compliance with the instruction given under subregulation (3), the Director or an investigator-in-charge may remove or cause the removal of the aircraft and shall not be liable for any further damage that may occur during the removal.

    (5) In this regulation, "authorised person" means any police officer or any officer of the Botswana Unified Revenue Service and includes any person authorised by the Director or the investigator-in-charge, either generally or specifically, to have access to any aircraft involved in an accident or a serious incident.

20.    Protection of evidence, custody and removal of aircraft

    (1) An investigator-in-charge shall take all reasonable measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation.

    (2) Any person in possession of any item which may constitute evidence for purposes of an investigation under these Regulations shall hold and preserve the item and shall promptly hand the item over to an investigator-in-charge.

    (3) Protection of evidence shall include the preservation, by photographic or other means of any evidence which might otherwise be removed, effaced, lost or destroyed.

    (4) Subject to subregulation (1), safe custody shall include protection against further damage, access by unauthorised persons, pilfering and deterioration.

21.    Request from State of registry, State of the operator, State of design or State of manufacture

    (1) The Director shall take all necessary steps to honour requests received from the State of registry, the State of the operator, the State of design or the State of manufacture involving the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State.

    (2) The Director shall, in honouring such requests, ensure that it is in so far as is reasonably practicable and compatible with the proper conduct of the investigation provide that the aircraft may be moved to the extent necessary to extricate persons, animals, mail and valuables, to prevent destruction by fire or other causes, or to eliminate any danger or obstruction to air navigation, to other transport or to the public, and provided that it does not result in undue delay in returning the aircraft to service where this is practicable.

22.    Flight recorders read-out

    (1) The Director shall make effective use of flight recorders in the investigation of an accident or an incident.

    (2) The investigator-in-charge shall arrange for the read-out of the flight recorders without delay.

    (3) Where there are no adequate facilities to read-out the flight recorders, such facilities available from other States may be used taking into consideration the—

    (a)    capabilities of the read-out facility;

    (b)    timelines of the read-out; and

    (c)    location of the read-out facility.

23.    Autopsy examination

    (1) An investigator-in-charge shall arrange for complete and expeditious autopsy examination of fatally injured flight crew and, subject to particular circumstances, of fatally injured passengers and cabin crew members, by a pathologist, preferably experienced in accident or serious incident investigation.

    (2) The investigator-in-charge shall, when appropriate, arrange for expeditious medical examination of the crew, passengers and involved aviation personnel, by a physician, preferably experienced in accident investigation in accordance with Annex 13 (5.9) of the Chicago Convention.

24.    Co-ordination – judicial authorities

    Where during an investigation, there is an application before a court relating to victim examination, identification and read-outs of the flight recordings, the court shall treat such application urgently to enable the investigator-in-charge to expeditiously analyse same for purposes of investigation.

25.    Re-opening of investigation

    (1) The Director may recommend to the Minister to re-open an investigation where new and significant evidence becomes available after an accident or serious incident investigation has been closed.

    (2) The Director may cause the investigation of an accident or incident other than a serious incident to be re-opened if evidence has been disclosed after the completion of the investigation which, in his or her opinion, is new and significant.

    (3) Where the investigation of an accident or a serious incident has been instituted by another contracting State, the Minister shall obtain the consent of the State before causing the investigation to be re-opened under subregulation (1).

    (4) Where an aircraft which was considered missing following an official search is subsequently located, consideration may be given to reopening the investigation.

    (5) Any investigation which is re-opened shall be carried out in accordance with these Regulations and Annex 13 of the Chicago Convention.

PART V
Investigation – Responsibility for Instituting and Conducting the Investigation (regs 26-34)

26.    Accidents or incidents in the territory of Botswana

    (1) The Director shall institute an investigation into the circumstances of an accident and be responsible for the conduct of the investigation.

    (2) Notwithstanding subregulation (1), the Director may delegate the whole or any part of the conducting of such investigation to another State or a Regional Accident and Incident Investigation Organisation by mutual arrangement and consent.

    (3) The Director shall institute an investigation into the circumstances of a serious incident when the aircraft is of a maximum mass of over 2 250 kilograms, and may delegate the whole or any part of the conducting of such investigation to another State or a regional accident and incident investigation organisation by mutual arrangement and consent.

    (4) When the accident or the serious incident has occurred in the territory of a non-contracting State which does not intend to conduct an investigation in accordance with Annex 13, the Director or, failing that, the State of the operator, the State of design or the State of manufacture should endeavour to institute and conduct an investigation in co-operation with the State of occurrence.

27.    Accidents or incidents outside the territory of any State

    (1) The Director shall institute and conduct any necessary investigation of the accident or serious incident when an accident or a serious incident involving a Botswana registered aircraft occurs in a territory that cannot definitely be established as being in the territory of any State.

    (2) The investigation in subregulation (1) may be delegated in whole or any part of the investigation to another State by mutual arrangement and consent.

28.    Independence in conducting investigation

    (1) The Director shall have independence in the conduct of the investigation and have unrestricted authority over its conduct, consistent with the provisions of these Regulations.

    (2) The investigation in subregulation (1) shall include—

    (a)    the gathering, recording and analysis of all relevant information on that accident or incident;

    (b)    the protection of certain accident and incident investigation records;

    (c)    the issuance of safety recommendations, where necessary;

    (d)    the determination of the causes or contributing factors, if possible; and

    (e)    the completion of the final report.

    (3) The Director shall visit the scene of the accident, the wreckage examined and statements taken from witnesses, where feasible.

    (4) The Director shall determine the extent of the investigation and the procedure to be followed in carrying out an investigation, depending on the lessons it expects to draw from the investigation for the improvement of safety.

    (5) Any investigation conducted in accordance with the provisions of these Regulations shall be separate from any judicial or administrative proceedings to apportion blame or liability.

    (6) The Director shall develop documented policies and procedures detailing its accident investigation duties which include the following—

    (a)    organisation and planning;

    (b)    investigation; and

    (c)    reporting.

29.    Designation of the investigator-in-charge

    (1) The Director shall designate the investigator-in-charge of the investigation and shall initiate the investigation immediately.

    (2) The investigator-in-charge shall have unhampered access to the wreckage and all relevant material, including flight recorders and ATS records, and shall have unrestricted control over it to ensure that a detailed examination can be made without delay by authorised personnel participating in the investigation.

30.    Responsibility to the State conducting the investigation

    (1) The Director shall, on request from the State conducting the investigation of an accident or an incident, provide that State with all the relevant information available to it.

    (2) The Director shall, while co-operating with such request, determine the limitations on disclosure or use that will apply to information before it is exchanged with the requesting State for the purposes of an accident or incident investigation.

    (3) Any State, the facilities or services of which have been, or would normally have been, used by an aircraft prior to an accident or an incident, and which has information pertinent to the investigation, shall provide such information to the State conducting the investigation.

31.    Responsibility of the State of registry and the State of the operator

    (1) When an aircraft involved in an accident or a serious incident lands in a State other than the State of occurrence, the State of registry or the State of the operator shall, on request from the State conducting the investigation, furnish the latter State with the flight recorder records and, if necessary, the associated flight recorders.

    (2) The State of registry and the State of the operator, on request from the State conducting the investigation, shall provide pertinent information on any organisation whose activities may have directly or indirectly influenced the operation of the aircraft.

32.    Participation in the investigation

    (1) The State of registry, the State of the operator, the State of design and the State of manufacture shall each be entitled to appoint an accredited representative to participate in the investigation.

    (2) The State of registry or the State of the operator shall appoint one or more advisers, proposed by the operator, to assist its accredited representative.

    (3) The State of design and the State of manufacture shall be entitled to appoint one or more advisers, proposed by the organisations responsible for the type design and the final assembly of the aircraft, to assist their accredited representatives.

33.    Participation of other States

    (1) The Director shall facilitate the participation of other States in the investigation of an accident being undertaken in Botswana.

    (2) States referred to in subregulation (1) shall be entitled to participation in all aspects of the investigation, under the control of the investigator-in-change, in particular to—

    (a)    visit the scene of the accident;

    (b)    examine the wreckage;

    (c)    obtain witness information and suggest areas of questioning;

    (d)    have full access to all relevant evidence as soon as possible;

    (e)    receive copies of all pertinent documents;

    (f)    participate in read-outs of recorded media;

    (g)    participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;

    (h)    participate in investigation progress meetings including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; and

    (i)    make submissions in respect of the various elements of the investigation.

    (3) Participation of States referred to in subregulation (1) other than the State of registry, the State of the operator, the State of design and the State of manufacture may be limited to those matters which entitled such States to participation under regulation 15.

34.    Participation of States having suffered fatalities or serious injuries to their citizens

    (1) A State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens shall be entitled to appoint an expert who shall be entitled to—

    (a)    visit the scene of the accident;

    (b)    have access to the relevant factual information which is approved for public release by the State conducting the investigation, and information on the progress of the investigation;

    (c)    receive a copy of the final report;

    (d)    participate in the identification of the victims; and

    (e)    assist in questioning surviving passengers who are citizens of the State.

    (2) A State referred to in subregulation (1) shall also assist in the identification of victims and in meetings with survivors from their State.

PART VI
Investigation Reports (regs 35-37)

35.    Investigation reports

    (1) Where an aircraft involved in an accident is of a maximum mass of over 2 250 kilograms, the Director shall send the preliminary report, by facsimile or electronic mail within 30 days of the date of the accident, to—

    (a)    the State that instituted the investigation;

    (b)    the State of registry;

    (c)    the State of occurrence;

    (d)    the State of the operator;

    (e)    the State of design;

    (f)    the State of manufacture;

    (g)    any State that provided relevant information, significant facilities or experts;

    (h)    the International Civil Aviation Organisation; and

    (i)    any other entities that the Director deems necessary.

    (2) Where an aircraft involved in an accident—

    (a)    is of a maximum mass of 2 250 kilograms or less; and

    (b)    has airworthiness related matters or matters considered as matters of interest by other States involved,

the Director shall send a preliminary report by facsimile or electronic mail, within 30 days, to the organisations listed in subregulation (1), except to the International Civil Aviation Organisation.

    (3) The Director shall send the preliminary report referred to in subregulation (1) by facsimile or electronic mail within 30 days of the date of the accident to the International Civil Aviation Organisation, unless the investigator-in-charge has sent the Accident or Incident Data Report by that time.

    (4) Where the accident involves matters directly affecting safety, the Director shall send by facsimile or electronic mail, the Accident or Incident Data Report to the International Civil Aviation Organisation, as soon as the information is available.

    (5) Where aircraft involved in an accident is of a maximum mass of over 2 250 kilograms, the Director shall send, as soon as practicable after the investigation, the Accident Data Report to the International Civil Aviation Organisation.

    (6) When the Director has conducted an investigation into an accident or an incident involving an aircraft of a maximum mass of over 5 700 kilograms and has released a final report, the Director shall send to the International Civil Aviation Organisation a copy of the final report.

    (7) On completion of an investigation into an accident or incident, the Director shall prepare a final report in the format set out in Schedule 2, of the investigation in a form appropriate to the type and seriousness of the accident or incident.

    (8) Where it appears to the investigator-in-charge that the investigation of any accident or incident—

    (a)    involving a collision between a civil aircraft and a State aircraft; or

    (b)    occurring while a civil aircraft was in the course of taking-off from, or landing on, an aerodrome controlled by any of the military or air forces of Botswana or by the naval, military or air forces of any country, has been completed, but for the investigation of matters affecting the discipline or internal administration of any of those forces which are more appropriate for the investigation by some other person or body,

the investigation may be treated for the purposes of subregulation (7), as if it had been completed without such matters being investigated under these Regulations.

    (9) Where any of the circumstances described in subregulation (8) exist or occur, the report of the investigation into the accident or incident shall state those matters to which the investigation has not extended by reason of subregulation (8).

    (10) The report of an investigation into an accident shall state the sole objective of the investigation as provided for under section 75 of the Act.

    (11) The report of an investigation into an accident or incident shall, subject to section 75 of the Act—

    (a)    where appropriate, contain relevant safety recommendations;

    (b)    protect the anonymity of the persons involved in the accident or incident; and

    (c)    be published by the Director to the parties likely to benefit from its findings with regard to safety.

    (12) The Director shall submit a copy of every final report prepared under this regulation to the Minister before dissemination to any State, person or entity as may be required under these Regulations.

    (13) A copy of every final report under subregulation (12) shall be served by the Director, 10 days after the final report was submitted to the Minister, on any State, person or entity required to be served with a notice under regulation 36.

    (14) The Director shall not circulate, publish or give access to a final report or any part thereof, or any documents obtained during an investigation of an accident or incident, without the express consent of the State which conducted the investigation, unless such reports or documents have already been published or released by that latter State.

36.    Service of notice

    (1) A report prepared under regulation 35(7) and regulation 38 shall not be published unless the Director has—

    (a)    served notice in writing and a copy of the draft final report to all the contracting States that participated in the investigation in accordance with regulation 14 and requested for their significant and substantiated comments thereon; and

    (b)    served a notice in writing and a copy of the draft final—

        (i)    report to any person or entity if, in the Director’s opinion, it is likely to adversely affect the reputation of the person or entity and requested for their significant and substantiated comments thereon, and

        (ii)    where that person is a deceased individual, upon the person who appears to the Director, at the time the Director proposes to serve notice pursuant to this subparagraph, to represent best the interest of the deceased in the matter and requested for their significant and substantiated comments thereon.

    (2) Notwithstanding the requirements of subregulation (1), the notice referred to in subregulation (1)(a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident or incident which may affect the person or entity on whom or in respect of whom the notice is served.

    (3) Any comments made in terms of subregulation (1)(a) and (b) shall be in writing and shall, subject to subregulation (4), be served on the Director within 60 days of service of the notice referred to in subregulation (1)(a).

    (4) The Director may extend the period of 60 days prescribed in subregulation even where that period has expired.

    (5) Where comments are received within 60 days of the date of the service of notice or such longer period as may be agreed upon, the Director shall—

    (a)    amend the draft final report to include the substance of the comments received, as deemed appropriate; or

    (b)    where the comments are from a contracting State and it is desired by the contracting State that the comments be included, append the comments to the final report.

    (6) A person shall not disclose or permit to be disclosed any information contained in the notice or draft final report served to him or her under this regulation, to any person without the prior consent, in writing, of the Director.

    (7) The Director shall send a copy of the draft final report to the following States inviting their significant and substantiated comments on the report as soon as possible—

    (a)    the State that instituted the investigation;

    (b)    the State of registry;

    (c)    the State of the operator;

    (d)    the State of design;

    (e)    the State of manufacture; and

    (f)    any State that participated in the investigation.

    (8) Where the Director receives comments within 60 days of the date of the transmittal letter, the Director shall either amend the draft final report to include the substance of the comments received or, if desired by the State that provided comments, append the comments to the final report.

    (9) Where the Director does not receive comments within 60 days of the date of the first transmittal letter, the Director shall issue the final report in accordance with regulation 37, unless an extension of that period has been agreed by the States concerned.

    (10) The Director shall send the final report of the investigation of an accident with minimum delay to the State that instituted the investigation.

37.    Publication of final report

    (1) The Director shall, in accordance with section 74 of the Act, cause a final report of an investigation into an accident or incident to be made public in such manner as he or she thinks fit within 12 months of the date from the accident or incident.

    (2) Where the report cannot be made publicly available within 12 months, the Director shall make an interim statement publicly available on each anniversary of the occurrence, detailing the progress of the investigation and any safety issues raised.

    (3) The final report referred to in subregulation (1) shall not be made public within 30 days after it has been sent out to the relevant contracting States, persons or entities referred to in regulation 35.

PART VII
Reporting Systems and Databases, etc. (regs 38-40)

38.    Incident reporting systems

    (1) There shall be established by the Director a—

    (a)    mandatory incident reporting system to facilitate the collection of information on actual or potential safety deficiencies; and

    (b)    voluntary incident reporting system to facilitate the collection of information that may not be captured by a mandatory incident reporting system.

    (2) An incident reporting system established under subregulation (1) shall be non-punitive and shall afford protection to the information and to the sources of the information:

    Provided that this subregulation shall not apply in cases where there is evidence that the occurrence was caused by an act considered, in accordance with the law, to be conducted—

        (i)    with an intent to cause damage,

        (ii)    with the knowledge that damage would probably result, or

        (iii)    in a manner equivalent to recklessness, gross negligence or wilful misconduct.

    (3) The Director shall not use information gathered through an incident reporting system inappropriately.

    (4) A person seeking public disclosure of the information referred to in subregulation (3) shall apply to the court for an order for the release of the information and shall satisfy the court that such disclosure—

    (a)    is necessary to correct conditions that compromise safety or to change policies and regulations;

    (b)    does not inhibit its future availability in order to improve safety;

    (c)    where relevant personal information included in the safety information, complies with applicable privacy laws; and

    (d)    shall be made in a de-identified, summarised or aggregate form.

    (5) For purposes of this regulation, "inappropriate use" refers to the use of safety information for purposes different from the purposes for which it was collected, namely, aviation safety.

39.    Accident and incident database

    (1) The Director shall establish and maintain an accident and incident database to facilitate the effective analysis of information on actual or potential safety deficiencies obtained, including those from its incident reporting systems, and to determine any preventive actions required.

    (2) The Director may disseminate information received under subregulation (1) to users of the aviation system within and outside Botswana in order to facilitate the free exchange of information on actual and potential safety deficiencies.

40.    Safety recommendations

    (1) At any stage of the investigation of an accident or incident, the Director shall recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that he or she considers necessary to be taken promptly to enhance aviation safety.

    (2) The Director shall address any safety recommendations arising out of an accident or incident investigations in a dated transmittal correspondence to the accident investigation authorities of other State concerned and, when International Civil Aviation Organisation documents are involved, to the International Civil Aviation Organisation.

    (3) A State participating in the investigation shall be entitled to issue safety recommendations after co-ordinating with the Director.

    (4) The Director shall communicate to relevant persons or authorities in Botswana, the recommendations referred to in subregulation (1) or those received from another contracting State.

    (5) Any person or authority in Botswana to whom a recommendation has been communicated under subregulation (2) shall, within 90 days—

    (a)    take the recommendation into consideration and, where appropriate, act upon it;

    (b)    send to the Director—

        (i)    full details of the measures, if any, such person or authority has taken or proposes to take to implement the recommendation, and

        (ii)    a full explanation as to why no measures shall be taken to implement the recommendation; and

    (c)    give notice to the Director if at any time any information provided to the Director in paragraph (b) is rendered inaccurate by any change of circumstances.

    (6) A recommendation for preventive action or safety recommendation shall, in no case, create a presumption of blame or liability for an accident or incident.

    (7) An opinion of an investigator-in-charge is not admissible in evidence in any legal, disciplinary or other proceedings.

    (8) The Directorate shall, upon receiving safety recommendations inform the proposing State, within 90 days of the date of the transmittal correspondence, of the preventive action taken or under consideration, or the reasons why no action will be taken.

    (9) The Directorate shall implement procedures to record the responses to the safety recommendation issued.

    (10) The Directorate shall implement procedures to monitor the progress of the action taken in response to the safety recommendation.

PART VIII
Public Inquiries (regs 41-46)

41.    Manner of carrying out public inquiries

    (1) Where, in terms of section 77 of the Act, it appears to the Minister expedient in the public interest to hold a public inquiry into the circumstances and causes of, or into any particular matter relating to, an accident to which these Regulations apply, the Minister shall direct that a public inquiry be held.

    (2) The Minister shall not, unless in his or her opinion exceptional circumstances exist, direct the holding of a public inquiry until such time as he or she has received a report from Director relating to the accident in question and made to him or her in accordance with regulation 36(13).

    (3) Where the Minister directs the holding of a public inquiry before he or she has received the report referred to subregulation (2), any investigation in progress, by an investigator-in-charge or an Accident Investigator into an accident, shall be discontinued.

    (4) The Minister shall appoint a Commissioner to direct the public inquiry.

    (5) The Commissioner shall be a person who is qualified to—

    (a)    be appointed as a judge of the High Court; or

    (b)    practise as an attorney in a court having unlimited jurisdiction in civil and criminal matters in the Commonwealth or in any country outside the Commonwealth that may be determined by Parliament, or in a court having jurisdiction in appeals from such a court and, has been so qualified for not less than 10 years.

    (6) The Commissioner shall be assisted in every case by not less than two assessors possessing aeronautical, engineering or other special skills or knowledge and appointed by the Minister.

    (7) Where the Minister has directed a public inquiry to be held, he or she shall remit the case to the Commissioner and the preparation and presentation of the case shall be conducted by the Commissioner and his or her assessors and, an Accident Investigator shall be designated by the Minister to render such assistance to the Commissioner as may be necessary.

42.    Notice of inquiry

    (1) Where the Minister has directed a public inquiry to be held, the Commissioner may cause a notice of inquiry (in this regulation referred to as "the notice") to be served on the owner, operator, hirer or commander of any aircraft involved in the accident and on any person who, in his or her opinion, ought to be served with the notice.

    (2) The notice shall contain a statement of the questions which the Commissioner intends to raise on the hearing of the inquiry basing on the information in his or her possession, and he or she may, by a subsequent notice, amend, add or omit any of the questions specified in the notice.

    (3) The Commissioner and the owner, operator, hirer or commander of any aircraft involved in the accident, and any other person on whom the notice of inquiry has been served shall be deemed to be parties to the public inquiry proceedings.

    (4) Any person, including the Minister, may, by leave of the Commissioner, appear in the public inquiry proceedings, and any person who so appears shall become a party to the proceedings.

    (5) An application for leave to appear may be made to the Commissioner at a preliminary meeting such as is referred to in subregulation (6).

    (6) Before the date of the holding of the public inquiry, the Commissioner may hold a preliminary meeting at which any directions may be given, or any preliminary or interlocutory order as to the procedure may be made, and any person intending to make application to the Commissioner at such a preliminary meeting shall give notice to the Director of Public Prosecutions.

43.    Powers of Commissioner

    (1) For the purposes of the public inquiry, the Commissioner shall have the powers of a magistrate and, without prejudice to those powers, the Commissioner may—

    (a)    enter and inspect, or authorise any person to enter and inspect, any place or building inspection of which appears requisite to the Commissioner;

    (b)    by summons under his or her hand, require the attendance before him or her, as witnesses, of all such persons as the Commissioner thinks fit to call and examine, and require such persons to—

        (i)    answer any question,

        (ii)    furnish any information, or

        (iii)    produce any books, papers, documents and other articles whatsoever that he or she considers relevant and retain such books, papers, documents and other articles until the completion of the public inquiry; and

    (c)    administer an oath to any such witness or require any witness to make and sign a declaration of the truth of the statement made by him or her on the Commissioner’s examination.

    (2) The assessors appointed to assist the Commissioner shall have the same powers of entry and inspection as are conferred on the Commissioner by subregulation (1)(a).

    (3) An affidavit may, by the permission of the Commissioner and saving all exceptions, be used as evidence at the public inquiry proceedings.

44.    Proceedings at public inquiry

    (1) During the proceedings of the public inquiry, the Commissioner may proceed whether the parties on whom a notice of inquiry has been served or any of them are present or not.

    (2) The proceedings of the inquiry shall be in public unless the Commissioner determines, in relation to the whole or part of the inquiry, that it is to be held in private in the interest of justice or the public.

    (3) The proceedings of the inquiry shall begin with the production and examination of witnesses by the Commissioner followed by the cross-examination of the witnesses by the other parties to the proceedings if need be and then re-examined by the Commissioner.

    (4) Questions asked and documents tendered as evidence in the course of examination of the witnesses by the Commissioner shall not be open to objection merely on the ground that they do or may raise questions which are not contained in or vary from the questions specified in the notice of inquiry or in a subsequent notice such as is referred to in subregulation (7).

    (5) When the examination of the witnesses is concluded, the Commissioner shall state the questions in reference to the accident and to the conduct of persons connected with the accident on which the Commissioner’s opinion is desired.

    (6) In framing the questions for the Commissioner’s opinion, the Commissioner shall make such amendments, additions or omissions from the questions specified in the notice of inquiry or a subsequent notice referred to in subregulation (7) as the Commissioner, having regard to the evidence that has been given, thinks fit.

    (7) After the questions for the Commissioner’s opinion have been stated by the Commissioner, each party to the proceedings may address the Commissioner for the purpose of opening the evidence he or she intends to adduce or produce and, examine witnesses on his or her behalf and recall any of the witnesses who have already been examined for further examination and generally to adduce evidence, and these witnesses may be cross-examined by the other parties and then re-examined by the party producing them.

    (8) The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the Commissioner shall direct.

    (9) Witnesses may be produced and examined by the Commissioner, cross-examined by the other parties in such order as the Commissioner shall direct and then re-examined on behalf of the Commissioner.

    (10) When all evidence in relation to the questions on which the Commissioner's opinion is desired has been concluded, any of the parties, other who wishes to address the Commissioner on that evidence may do so in such order as the Commissioner may direct, and the Commissioner may then be addressed in reply upon the whole case.

    (11) The Commissioner may adjourn the inquiry from time to time and from place to place and, where an adjournment is requested by any party to the inquiry, the Commissioner may impose such terms as to the payment of costs or otherwise as he or she thinks just as a condition of granting the adjournment.

    (12) Every person attending as a witness before the Commissioner shall be allowed such expenses as would to a witness attending before the High Court and, in the case of a dispute as to the amount to be allowed, the same shall be referred to the Registrar of the High Court who, on request signed by the Commissioner, shall determine and certify the proper amount of the expenses:

    Provided that in the case of any party to the proceedings or any person in the employment of such a party any such expenses may be disallowed by the Commissioner.

45.    Submission of report by Commissioner

    (1) The Commissioner shall submit a report to the Minister stating fully the circumstances of the case and his or her opinion on the questions on which the opinion is desired and adding any observations and recommendations which he or she thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future.

    (2) Each assessor appointed to assist the Commissioner shall, if he or she—

    (a)    assents to the Commissioner’s report without reservations, subscribe the report to that effect and sign it;

    (b)    assents to the Commissioner’s report but with reservations, subscribe the report to that effect, sign it and state in writing in a separate document the nature of his or her reservations and sign the document; or

    (c)    dissents from the Commissioner’s report, decline to sign it and state in writing in a separate document his or her dissent and the reasons for it, and sign the document.

    (3) Where an assessor assents to the Commissioner’s report with reservations or dissents from the report, the separate document prepared and signed by him or her in accordance with subregulation (2) shall be annexed to the Commissioner’s report and submitted, together with the report, to the Minister.

    (4) The Minister shall, unless in his or her opinion there are good reasons to the contrary, cause the report of the Commissioner, together with the contents of the separate documents, if any, annexed to it in accordance with subregulation (3), to be made public in whole or in part in such manner as he thinks fit.

46.    Re-opening of public inquiry

    (1) The Minister may, in any case where a public inquiry has been held, direct the inquiry to be re-held, either generally or part of it, and the Minister shall do so if—

    (a)    new and important evidence has been discovered; or

    (b)    for any reason there is, in his opinion, ground for suspecting that a miscarriage of justice has occurred.

    (2) Where the Minister directs any public inquiry to be re-held, he or she may direct that the inquiry shall be re-held either by the Commissioner by whom it was held in the first instance or by a new Commissioner appointed by him or her to re-hold the inquiry.

    (3) A public inquiry that is re-held shall be subject to and conducted in accordance with this Part.

PART IX
General Provisions (regs 47-51)

47.    Protection of accident and incident investigation records

    (1) The Director shall on the advice of the High Court not make the following records available for purposes other than accident or incident investigation—

    (a)    cockpit voice recordings and airborne image recordings and any transcripts from such recordings;

    (b)    records in the custody or control of the accident investigation authority being;

    (c)    all statements taken from persons by the accident investigation authority in the course of their investigation;

    (d)    all communications between persons having been involved in the operation of the aircraft;

    (e)    medical or private information regarding persons involved in the accident or incident;

    (f)    analysis of and opinions about information, including flight recorder information, made by the accident investigation authority and accredited representatives in relation to the accident or incident; and

    (g)    the draft final report of an accident or incident investigation.

    (2) A record of the information referred to in subregulation (1) shall be included in the final report, in its appendices or in any other report only when it is relevant to the analysis of the accident or incident.

    (3) The names of the persons involved in the accident or incident, audio content of cockpit voice recordings as well as image and audio content of airborne image recordings shall not be disclosed to the public.

    (4) The accident investigation authority should retain, where possible, only copies of records obtained in the course of an investigation.

    (5) A State receiving a draft final report shall take measures to ensure that it is not disclosed to the public.

48.    Release and disposal of aircraft and wreckage

    (1) Where the retention of the aircraft involved in an accident or incident, parts of the aircraft or aircraft wreckage, or any contents of the aircraft is no longer necessary for the purposes of an investigation, the Director shall release custody of the aircraft, parts, wreckage or contents of the aircraft to the following person or persons—

    (a)    if it is a Botswana registered aircraft—

        (i)    the owner of the aircraft, parts, wreckage or contents of the aircraft,

        (ii)    where the owner is dead, his or her personal representative, or

        (iii)    a person authorised in writing by the owner or his or her personal representative to take custody on behalf of the owner or the owner’s personal representative; or

    (b)    in any other case, to the person or persons designated by the State of registry or the State of the operator, as the case may be.

    (2) The Director shall—

    (a)    where he or she intends to release aircraft wreckage, issue a notice to persons referred to in subregulation (1); or

    (b)    where such persons cannot be traced, by publishing such notice in at least two daily newspapers of wide circulation in the State of occurrence giving details of the aircraft wreckage and specifying the period during which it should be removed.

    (3) The person to whom the notice has been issued may, before the expiry of the notice and for a good cause, apply in writing to the Director for an extension of the period within which the wreckage may be removed.

    (4) Where a person to whom the custody of the aircraft, parts, wreckage or contents of the aircraft is to be released fails to take custody within the period specified in the notice, the aircraft, parts, wreckage or contents of the aircraft may be disposed of in such manner as the Director considers fit.

    (5) The expenses incurred by the Director in disposing of the aircraft, parts, wreckage or contents of the aircraft shall be recoverable from the owner or operator of the aircraft or both.

49.    Return and disposal of records

    (1) The Director shall, after the completion of the investigation or at any time return the aircraft records or any documents containing factual information concerning an accident or incident to the persons from whom they were obtained, unless they are still required for judicial proceedings or other proceedings.

    (2) The records and information referred to in subregulation (1) not claimed by or returned to the persons from whom they were obtained may be disposed of in any manner that the Director considers fit after a period of three years.

50.    Penalties

    (1) Any person who contravenes the provisions of these Regulations commits an offence and is liable to the fines set out in section 76 of the Act.

    (2) Without prejudice to the generality of subregulation (1), a person who commits the following offences is liable to the following penalties not exceeding—

    (a)    P50 000 or to imprisonment for a term not exceeding six months for failure—

        (i)    to notify or make notification of accident or incident in accordance with regulation 11,

        (ii)    to submit for medical and toxicological examination or to issue samples in accordance with the Act,

        (iii)    to appear for examination or interview, or

        (iv)    to make a signed statement in accordance with the Act;

    (b)    P100 000 or to imprisonment for a term not exceeding one year for—

        (i)    interference with evidence in accordance with the Act, or

        (ii)    failure to answer any question or furnish information, or produce any books, papers, documents in accordance with the Act; and

    (c)    P150 000 or to imprisonment for a term not exceeding two years for hindering—

        (i)    access to the contents or wreckage of an aircraft in accordance with the Act,

        (ii)    access to information and records held by the owner or operator, maintenance contractor, hirer, designer, manufacturer, Air Traffic Service, airport operator or Authority in accordance with the Act,

        (iii)    the removal, testing, taking measures for the preservation of or otherwise deal any aircraft other than an aircraft involved in an accident or incident in accordance with the Act,

        (iv)    the taking possession of, examining, removing, testing or taking measures for the preservation of any object or evidence considered necessary for aircraft investigation in accordance with the Act,

        (v)    the removal of debris or components for examination or analysis purposes in accordance with regulation 8(1)(a), or

        (vi)    access to results of examination of the bodies of victims or tests made on samples taken from the bodies of victims in accordance with the Act, or

        (vii)    P300 000 or to imprisonment for a term not exceeding three years for hindrance from entering and inspecting any place, building or aircraft for the purpose of accident or incident investigation in accordance with the Act.

51.    Revocation and savings

    (1) The Civil Aviation (Accident and Incident Investigation) Regulations, are hereby revoked.

    (2) Notwithstanding subregulation (1), any investigation, review or inquiry commenced under the Regulations revoked under subregulation (1) shall be continued as if it was instituted under these Regulations.

SCHEDULE 1
LIST OF EXAMPLES OF SERIOUS INCIDENTS

(reg 12(4))

    The following is a list of incidents which are typical examples of incidents that are likely to be serious incidents. The list is not exhaustive and only serves as guidance to the definition of serious incident.

1.    Near collisions requiring an avoidance manoeuvre to avoid a collision or an unsafe situation or when an avoidance action would have been appropriate.

2.    Controlled flight into terrain only marginally avoided.

3.    Aborted take-offs on a closed or engaged runway, on a taxiway or unassigned runway.

4.    Take-offs from a closed or engaged runway, from a taxiway or unassigned runway.

5.    Landings or attempted landings on a closed or engaged runway, on a taxiway or unassigned runway.

6.    Gross failures to achieve predicted performance during take-off or initial climb.

7.    Fire and smoke in the passenger compartment, in cargo compartments or engine fires, even though such fires were extinguished by the use of extinguishing agents.

8.    Events requiring the emergency use of oxygen by the flight crew, cabin crew or passengers.

9.    Aircraft structural failures or engine disintegrations, including uncontained turbine engine failures, not classified as an accident.

10.    Multiple malfunctions of one or more aircraft systems seriously affecting the operation of the aircraft.

11.    Flight crew incapacitation in flight.

12.    Fuel quantity requiring the declaration of an emergency by the pilot.

13.    Runway incursions classified with severity A as defined in ICAO Doc 9870, Manual on the Prevention of Runway Incursions.

14.    Take-off or landing incidents such as under-shooting, overrunning or running off the side of runways.

15.    System failures, weather phenomena, operations outside the approved flight envelope or other occurrences which could have caused difficulties controlling the aircraft.

16.    Failures of more than one system in a redundancy system mandatory for flight guidance and navigation.

SCHEDULE 2
FORMAT OF THE FINAL REPORT FORMAT

(reg 35(7))

    Title

    The final report begins with a title comprising of the name of the operator, manufacturer, model, nationality and registration marks of the aircraft; place and date of the accident or incident.

    Synopsis

    A synopsis should describe briefly all relevant information regarding notification of an accident to national and foreign authorities, identification of the accident investigation authority and accredited representation, organisation of the investigation, authority releasing the report and date of publication; and concluding with a brief résumé of the circumstances leading to the accident.

    Body

    The body of the final report comprises of the following main headings—

    1.    Factual information

    2.    Analysis

    3.    Conclusions

    4.    Safety recommendations

    Appendices

    Include as appropriate.

    Note: In preparing a final report using this format ensure that—

    (a)    all information relevant to an understanding of the factual information, analysis and conclusions is included under each appropriate heading;

    (b)    where information in respect of any of the items in factual information is not available, or is irrelevant to the circumstances leading to the accident, a note to this effect is included under the appropriate subheadings.

    Each heading consisting of a number of subheadings as outlined in the following—

1.    FACTUAL INFORMATION

    1.1    History of the flight

        A brief narrative giving the following information—

        1.1.1    Flight number, type of operation, last point of departure, time of departure (local time or UTC) and point of intended landing.

        1.1.2    Flight preparation, description of the flight and events leading to the accident including reconstruction of the significant portion of the flight path if appropriate.

        1.1.3    Location (latitude, longitude, elevation) and time of the accident (local time or UTC), whether day or night.

    1.2    Injuries to persons

        A completion of the following in numbers—

        1.2.1    Injuries to crew, passengers and others Fatal/Serious/Minor/None

        Note:    Fatal injuries include all deaths determined to be a direct result of injuries sustained in the accident. Serious injury is defined in regulation 2.

    1.3    Damage to aircraft

        This includes a brief statement of the damage sustained by an aircraft in the accident (destroyed, substantially damaged, slightly damaged, no damage).

    1.4    Other damage

        This covers a brief description of the damage sustained by objects other than the aircraft.

    1.5    Personal information

        This includes the following—

        1.5.1    Pertinent information concerning each of the flight crew members including age, validity of licences, ratings, mandatory checks, flying experience (total and on type) and relevant information on duty time.

        1.5.2    Brief statement of qualifications and experience of other crew members.

        1.5.3    Pertinent information regarding other personnel such as Air Traffic Services, maintenance, etc., when relevant.

    1.6    Aircraft information

        This includes the following—

        1.6.1    Brief statement on airworthiness and maintenance of the aircraft (indication of deficiencies).

        1.6.2    Brief statement on performance, if relevant, and whether the mass and centre of gravity were within the prescribed limits during the phase of operation related to the accident. (If not and if of any bearing on the accident, give details.)

        1.6.3    Type of fuel used.

    1.7    Meteorological information

        This includes the following—

        1.7.1    Brief statement on the meteorological conditions appropriate to the circumstances including both forecast and actual conditions, and the availability of meteorological information to the crew.

        1.7.2    Natural light conditions at the time of the accident (sunlight, moonlight, twilight, etc.).

    1.8    Aids to navigation

        This includes pertinent information on navigation aids available including landing aids such as ILS, MLS, NDB, PAR, VOR, visual ground aids, etc., and their effectiveness at the time.

    1.9    Communications

        This includes pertinent information on aeronautical mobile and fixed service communications and their effectiveness.

    1.10    Aerodrome information

        This includes pertinent information associated with the aerodrome, its facilities and condition, or with the take-off or landing area if other than an aerodrome.

    1.11    Flight recorders

        This includes location of the flight recorder installations in the aircraft, their condition on recovery and pertinent data available.

    1.12    Wreckage and impact information

        This includes general information on the site of the accident and the distribution pattern of the wreckage; detected material failures or component malfunctions. Details concerning the location and state of the different pieces of the wreckage are not normally required unless it is necessary to indicate a break-up of the aircraft prior to impact. Diagrams, charts and photographs may be included in this section or attached in the Appendices.

    1.13    Medical and pathological information

        This includes brief description of the results of the investigation undertaken and the pertinent data available.

        Note: Medical information related to flight crew licences should be included in personnel information.

    1.14    Fire

        If fire occurred, include information on the nature of the occurrence and of the firefighting equipment used and its effectiveness.

    1.15    Survival aspects

        This includes brief description of search, evacuation and rescue, location of crew and passengers in relation to injuries sustained and failure of structures such as seats and seatbelt attachment.

    1.16    Tests and research

        This includes brief statements regarding the results of tests and research.

    1.17    Organisational and management information

        This includes pertinent information concerning the organisation and their management involved in influencing the operation of the aircraft. The organisations include, for example, the operator, the Air Traffic Services, airway, aerodrome and weather service agencies; and the regulatory authority. The information can include, but not limited to, organisational structure and functions, resources, economic status, management policies and practices and regulatory framework.

    1.18    Additional information

        This includes relevant information not already included in 1.1 to 1.17.

    1.19    Useful or effective investigation techniques

        When useful or effective investigation techniques have been used during an investigation, briefly indicate the reason for using these techniques and refer to the main features as well as describing the results under the appropriate subheadings 1.1 to 1.18.

2.    ANALYSIS

    Analyse, as appropriate, only the information documented in factual information and which is relevant to the determination of conclusions and causes.

3.    CONCLUSIONS

    List the findings and causes established in the investigation. The list of causes should include both the immediate and the deeper systemic causes.

4.    SAFETY RECOMMENDATIONS

    As appropriate, briefly state any recommendations made for the purpose of accident prevention and any resultant corrective action.

5.    APPENDICES

    Include, as appropriate, any other pertinent information considered necessary for the understanding of the report.

 

CIVIL AVIATION (RADIO NAVIGATION AIDS) REGULATIONS

(section 89)

(21st June, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Requirements for radio navigation aids facilities

PART III
Radio Navigation Aids

    5.    Standard radio navigation aids

    6.    GNSS – specific provisions

    7.    Precision approach radar

    8.    Composition of precision approach radar system

    9.    Specifications for precision approach radar elements

    10.    Specifications for Surveillance Radar Element

    11.    Ground and flight testing

    12.    Operational status of radio navigation aids

    13.    Power supply for radio navigation aids and communication systems

    14.    Human factor considerations

(a) Instrument Landing System

    15.    Basic requirements for instrument landing system – composition

    16.    Basic requirements for instrument landing system – construction and adjustment

    17.    Localizer and glide path components of facility performance categories

    18.    ILS level of safety

    19.    Two ILS facilities serving opposite ends of single runway

(b) VHF Localizer and Associated Monitor

    20.    VHF localizer and associated monitor specifications

    21.    VHF localizer radio frequency

    22.    VHF localizer coverage

    23.    VHF localizer course structure

    24.    VHF localizer carrier modulation

    25.    VHF localizer course alignment accuracy

    26.    VHF localizer displacement sensitivity

    27.    VHF localizer voice

    28.    VHF localizer identification

    29.    VHF localizer siting

    30.    VHF localizer monitoring

    31.    VHF localizer integrity and continuity of service requirements

    32.    Interference immunity performance for ILS localizer receiving systems

(c) UHF Glide Path Equipment and Associated Monitor

    33.    UHF glide path and associated monitor specifications

    34.    UHF glide path radio frequency

    35.    UHF glide path coverage

    36.    UHF glide path structure

    37.    UHF glide path carrier modulation

    38.    UHF glide path displacement sensitivity

    39.    UHF glide path monitoring

    40.    UHF glide path integrity and continuity of service requirements

    41.    Localizer and glide path frequency pairing

(d) VHF Marker Beacon

    42.    VHF marker beacons

    43.    VHF marker radio frequency

    44.    VHF marker coverage

    45.    VHF marker modulation

    46.    VHF marker identification

    47.    VHF marker siting

    48.    VHF marker monitoring

(e) Specification for Precision Approach Radar System

    49.    Specification for precision approach radar system

(f) The Precision Approach Radar Element (PAR)

    50.    PAR coverage

    51.    PAR siting

    52.    PAR accuracy

(g) The Surveillance Radar Element (SRE)

    53.    The Surveillance Radar Element (SRE)

    54.    SRE coverage

    55.    SRE accuracy

(h) Specification for VHF Omnidirectional Radio Range (VOR)

    56.    VHF omnidirectional range (VOR)

    57.    VOR radio frequency

    58.    VOR polarisation and pattern accuracy

    59.    VOR coverage

    60.    VOR modulations of navigation signals

    61.    VOR voice and identification

    62.    VOR monitoring

    63.    Interference immunity performance for VOR receiving systems

(i) Specification for Non-directional Radio Beacon (NDB)

    64.    NDB coverage

    65.    NDB limitations in radiated power

    66.    NDB radio frequencies

    67.    NDB identification

    68.    NDB characteristics of emissions

    69.    NDB siting of locators

    70.    NDB monitoring

(j) Specification for UHF Distance Measuring Equipment (DME)

    71.    UHF distance measuring equipment

    72.    Association of DME with ILS

    73.    UHF DME performance

    74.    UHF DME coverage

    75.    UHF DME accuracy

    76.    UHF DME radio frequencies and polarisation

    77.    UHF DME channelling

    78.    UHF DME interrogation pulse repetition frequency

    79.    UHF DME aircraft handling capacity of system

    80.    UHF DME transponder identification

    81.    UHF DME identification implementation

(k) Characteristics of Transponder and Associated Monitor

    82.    DME transponder transmission component

    83.    DME transponder pulse spacing

    84.    DME transponder peak power output

    85.    DME transponder receiver

    86.    DME transponder sensitivity

    87.    DME transponder load limiting

    88.    DME transponder noise

    89.    DME transponder bandwidth

    90.    DME transponder recovery time

    91.    DME transponder spurious radiations

    92.    DME transponder CW and echo suppression

    93.    DME transponder protection against interference

    94.    DME transponder decoding

    95.    DME transponder time delay

    96.    DME transponder accuracy

    97.    DME transponder efficiency

    98.    DME transponder monitoring and control

(l) Technical Characteristics of Interrogator

    99.    DME interrogator transmitter

    100.    DME interrogator pulse spacing

    101.    DME interrogator pulse repetition frequency

    102.    DME interrogator spurious radiation

    103.    DME interrogator time delay

    104.    DME interrogator receiver

    105.    DME interrogator receiver sensitivity

    106.    DME interrogator bandwidth

    107.    DME interrogator interference rejection

    108.    DME interrogator decoding

    109.    DME interrogator accuracy

(m) Specification for En Route VHF Marker Beacons (75 MHz)

    110.    En route VHF marker equipment

    111.    En route VHF marker characteristics of emissions

    112.    En route VHF marker identification

    113.    En route VHF marker coverage and radiation pattern

    114.    En route VHF marker determination of coverage

    115.    En route VHF marker radiation pattern

    116.    En route VHF marker monitoring

(n) Requirements for the Global Navigation Satellite System (GNSS)

    117.    GNSS functions

    118.    GNSS elements

    119.    GNSS space reference

    120.    GNSS time reference

    121.    GNSS signal-in-space performance

(o) GPS Standard Positioning Service (SPS) (L1)

    122.    GPS space and control segment accuracy

    123.    GPS range domain accuracy

    124.    GPS availability

    125.    GPS reliability

    126.    GPS continuity

    127.    GPS coverage

(p) Radio Frequency (RF) Characteristics

    128.    GPS carrier frequency

    129.    GPS signal spectrum

    130.    GPS polarisation

    131.    GPS signal power level

    132.    GPS modulation

    133.    GPS time

    134.    GPS co-ordinate system

    135.    GPS navigation information

(q) GLONASS Channel of Standard Accuracy (CSA) (L1)

    136.    GLONASS space and control segment accuracy

    137.    GLONASS availability

    138.    GLONASS reliability

    139.    GLONASS coverage

    140.    GLONASS carrier frequency

    141.    GLONASS signal spectrum

    142.    GLONASS polarisation

    143.    GLONASS signal power level

    144.    GLONASS modulation

    145.    GLONASS time

    146.    GLONASS co-ordinate system

    147.    GLONASS navigation information

(r) Aircraft-based Augmentation System (ABAS)

    148.    ABAS performance

(s) Satellite-based Augmentation System (SBAS)

    149.    SBAS performance

    150.    SBAS functions

    151.    SBAS ranging

    152.    SBAS carrier frequency

    153.    SBAS signal spectrum

    154.    SBAS satellite signal power level

    155.    SBAS polarisation

    156.    SBAS modulation

    157.    SBAS network time (SNT)

    158.    SBAS navigation information

(t) Ground-based Augmentation System (GBAS) and Ground-based Regional Augmentation System (GRAS)

    159.    GBAS performance

    160.    GBAS functions

    161.    GBAS service volume

    162.    GBAS approach services supporting auto land and guided take-off

    163.    GBAS positioning service

    164.    GBAS carrier frequency

    165.    GBAS access technique

    166.    GBAS modulation

    167.    GBAS data broadcast RF field strength and polarisation

    168.    GBAS power transmitted in adjacent channels

    169.    GBAS unwanted emissions

    170.    GBAS navigation information

    171.    Aircraft GNSS receiver

    172.    GNSS resistance to interference

    173.    GNSS database

(u) System Characteristics of Airborne ADF Receiving Systems

    174.    Accuracy of bearing indication

PART IV
Exemptions

    175.    Requirements for application for exemption

    176.    Review and publication

    177.    Evaluation of the request

PART V
General Provisions

    178.    Drug and alcohol testing and reporting

    179.    Reports of violation

    180.    Failure to comply with direction

    181.    Aeronautical fees

PART VI
Offences and Penalties

    182.    Contravention of Regulations

    183.    Penalties

    184.    Appeal

PART VII
Savings and Transitions

    185.    Savings and transition

        Schedule 1

        Schedule 2

        Schedule 3

        Schedule 4

S.I. 76, 2022.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Radio Navigation Aids) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "aircraft-based augmentation system (ABAS)" means an augmentation system that augments and/or integrates the information obtained from the other GNSS elements with information available on board the aircraft;

    "air navigation services facility" means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft and any combination of such facilities;

    "alert" means an indication provided to other aircraft systems or annunciation to the pilot to identify that an operating parameter of a navigation system is out of tolerance;

    "alert limit" means the error tolerance not to be exceeded without issuing an alert for a given parameter measurement;

    "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);

    "air navigation services provider" means an entity established for the purpose of providing one or more of the air navigation services as defined in these Regulations;

    "angular displacement sensitivity" means the ratio of measured DDM to the corresponding angular displacement from the appropriate reference line;

    "antenna port" means a point where the received signal power is specified. For an active antenna, the antenna port is a fictitious point between the antenna elements and the antenna pre-amplifier. For a passive antenna, the antenna port is the output of the antenna itself;

    "area navigation" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;

    "Authority" means the Civil Aviation Authority of Botswana established under the Civil Aviation Act (Cap. 70:01);

    "average radius of rated coverage" means the radius of a circle having the same area as the rated coverage;

    "axial ratio" means the ratio, expressed in decibels, between the maximum output power and the minimum output power of an antenna to an incident linearly polarised wave as the polarisation orientation is varied over all directions perpendicular to the direction of propagation;

    "back course sector" means the course sector which is situated on the opposite side of the localizer from the runway;

    "carrier energy" means the average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle under conditions of no modulation;

    "certificate" means the certificate for the provision of air navigation services issued by the Authority under the Civil Aviation (Certification of Air Navigation Services Providers) Regulations, 2021, Statutory No. 144 of 2021;

    "channel of standard accuracy" means the specified level of positioning, velocity and timing accuracy that is available to any GLONASS user on a continuous, worldwide basis;

    "CNS" means radio navigation aids, communication procedures including those with PANS (Procedures for Air Navigation Services), communication systems, surveillance and collision avoidance systems and aeronautical radio frequency spectrum utilisation;

    "control motion noise (CMN)" means that portion of the guidance signal error which causes control surface, wheel and column motion and could affect aircraft attitude angle during coupled flight, but does not cause aircraft displacement from the desired course and/or glide path;

    "core satellite constellation(s)" means the GPS and GLONASS;

    "course line" means the locus of points nearest to the runway centre line in any horizontal plane at which the DDM is zero;

    "coupling" means the association of two circuits or systems in such a way that power may be transferred from one to the other;

    "course sector" means a sector in a horizontal plane containing the course line and limited by the loci of points nearest to the course line at which the DDM is 0.155;

    "displacement sensitivity (localizer)" means the ratio of measured DDM to the corresponding lateral displacement from the appropriate reference line;

    "DME" means Distance Measuring Equipment;

    "dead time" means a period immediately following the decoding of a valid interrogation during which a received interrogation will not cause a reply to be generated;

    "DME/N" means distance measuring equipment, primarily serving operational needs of en route or Terminal Control Area navigation, where the "N" stands for narrow spectrum characteristics;

    "DME/P" means the distance measuring element of the MLS, where the "P" stands for precise distance measurement. The spectrum characteristics are those of DME/N;

    "effective adjacent channel rejection" means the rejection that is obtained at the appropriate adjacent channel frequency when all relevant receiver tolerances have been taken into account;

    "elevation" means the vertical distance of a point or a level, on or affixed to the surface of the earth, measured from mean sea level;

    "essential radio navigation service" means a radio navigation service whose disruption has a significant impact on operations in the affected airspace or aerodrome;

    "equivalent isotropically radiated power (EIRP)" means the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain);

    "Facility Performance Category I – ILS" means an ILS which provides guidance information from the coverage limit of the ILS to the point at which the localizer course line intersects the ILS glide path at a height of 60 metres (200 ft) or less above the horizontal plane containing the threshold;

    "Facility Performance Category II – ILS" means an ILS which provides guidance information from the coverage limit of the ILS to the point at which the localizer course line intersects the ILS glide path at a height of 15 metres (50 ft) or less above the horizontal plane containing the threshold;

    "Facility Performance Category III – ILS" means an ILS which, with the aid of ancillary equipment where necessary, provides guidance information from the coverage limit of the facility to, and along, the surface of the runway;

    "fan marker beacon" means a type of radio beacon, the emissions of which radiate in a vertical fan-shaped pattern;

    "final approach (FA) mode" means the condition of DME/P operation which supports flight operations in the final approach and runway regions;

    "front course sector" means the course sector which is situated on the same side of the localizer as the runway;

    "GBAS/E" means a ground-based augmentation system transmitting an elliptically-polarised VHF data broadcast;

    "GBAS/H" means a ground-based augmentation system transmitting a horizontally-polarised VHF data broadcast;

    "global navigation satellite system (GNSS)" means a worldwide position and time determination system that includes one or more satellite constellations, aircraft receivers and system integrity monitoring, augmented as necessary to support the require navigation performance for the intended operation;

    "global navigation satellite system (GLONASS)" means the satellite navigation system operated by the Russian Federation;

    "GNSS position error" means the difference between the true position and the position determined by the GNSS receiver;

    "ground-based augmentation system (GBAS)" means an augmentation system in which the user receives augmentation information directly from a ground-based transmitter;

    "ground-based regional augmentation system (GRAS)" means an augmentation system in which the user receives augmentation information directly from one of a group of ground-based transmitters covering a region;

    "half course sector" means the sector, in a horizontal plane containing the course line and limited by the loci of points nearest to the course line at which the DDM is 0.0775;

    "height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

    "Human Factors Principles" means principles which apply to design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "ILS" means an Instrument Landing System;

    "ILS glide path" means that locus of points in the vertical plane containing the runway centre line at which the DDM is zero, which, of all such loci, is the closest to the horizontal plane;

    "ILS glide path angle" means the angle between a straight line which represents the mean of the ILS glide path and the horizontal;

    "ILS glide path sector" means the sector in the vertical plane containing the ILS glide path and limited by the loci of points nearest to the glide path at which the DDM is 0.175;

    "ILS Point "B"" means a point on the ILS glide path measured along the extended runway centre line in the approach direction a distance of 1050 metres (3 500 ft) from the threshold;

    "initial approach (IA) mode" means the condition of DME/P operation which supports those flight operations outside the final approach region and which is interoperable with DME/N;

    "integrity" means a measure of the trust that can be placed in the correctness of the information supplied by the total system and includes the ability of a system to provide timely and valid warnings to the user (alerts);

    "key down time" means the time during which a dot or dash of a Morse character is being transmitted;

    "LF/MF" means low frequency/medium frequency;

    "locator" means an LF/MF NDB used as an aid to final approach; conditions;

    "mode X, Y," means a method of coding the DME transmissions by time spacing pulses of a pulse pair, so that each frequency can be used more than once;

    "NDB" means a radio transmitter at a known location, used as a radio navigation aid;

    "path following error (PFE)" means that portion of the guidance signal error which could cause aircraft displacement from the desired course and/or glide path;

    "pseudo-range" means the difference between the time of transmission by a satellite and reception by a GNSS receiver multiplied by the speed of light in a vacuum, including bias due to the difference between a GNSS receiver and satellite time reference;

    "pulse code" means the method of differentiating between W, X, Y and Z modes and between FA and IA modes;

    "pulse decay time" means the time as measured between the 10 and 90 per cent amplitude points on the trailing edge of the pulse envelope;

    "pulse duration" means the time interval between the 50 per cent amplitude point on leading and trailing edges of the pulse envelope;

    "pulse rise time" means the time as measured between the 10 and 90 per cent amplitude points on the leading edge of the pulse envelope;

    "radio navigation service" means a service providing guidance information or position data for the efficient and safe operation of aircraft supported by one or more radio navigation aids;

    "rated coverage" means the area surrounding an NDB within which the strength of the vertical field of the ground wave exceeds the minimum value specified for the geographical area in which the radio beacon is situated;

    "receiver" means a subsystem that receives GNSS signals and includes one or more sensors;

    "reply efficiency" means the ratio of replies transmitted by the transponder to the total of received valid interrogations;

    "reserved (bits/words/fields)" means bits/words/fields that are not allocated, but which are reserved for a particular GNSS application;

    "search" means the condition which exists when the DME interrogator is attempting to acquire and lock onto the response to its own interrogations from the selected transponder;

    "satellite-based augmentation system (SBAS)" means a wide coverage augmentation system in which the user receives augmentation information from a satellite-based transmitter;

    "spare (bits/words/fields)" means bits/words/fields that are not allocated or reserved, and which are available for future allocation;

    "standard positioning service (SPS)" means the specified level of positioning, velocity and timing accuracy that is available to any global positioning system (GPS) user on a continuous, worldwide basis;

    "Surveillance Radar Element" means a component of a GCA (ground-controlled approach) system—

    (a)    which vectors incoming traffic until it is handed over to the precision approach radar (PAR) controller or established on the ILS (Instrument Landing System);

    (b)    which provides target information in the range and the azimuth while information on target information is not available; and

    (c)    in which a pilot can be vectored onto the final approach so that he or she can be handed over to the PAR controller or can carry out the ILS approach;

    "time-to-alert" means the maximum allowable time elapsed from the onset of the navigation system being out of tolerance until the equipment enunciates the alert;

    "track" means the condition which exists when the DME interrogator has locked onto replies in response to its own interrogations and is continuously providing a distance measurement;

    "touchdown" means the point where the nominal glide path intercepts the runway;

    "transmission rate" means the average number of pulse pairs transmitted from the transponder per second;

    "two-frequency glide path system" means an ILS glide path in which coverage is achieved by the use of two independent radiation field patterns spaced on separate carrier frequencies within the particular glide path channel;

    "VOR" means Very High Frequency (VHF) Omnidirectional Radio Range; and

    "Z marker beacon" means type of radio beacon, the emissions of which radiate in a vertical cone-shaped pattern.

3.    Application

    These Regulations shall apply to a person providing radio navigation aids services within designated airspace and at aerodromes.

PART II
General Requirements (reg 4)

4.    Requirements for radio navigation aids facilities

    The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the radio navigation aids facilities shall conform to these Regulations.

PART III
Radio Navigation Aids (regs 5-174)

5.    Standard radio navigation aids

    (1) Standard radio navigation aids to be used for air navigation shall be—

    (a)    the Instrument Landing System (ILS);

    (b)    the global navigation satellite system (GNSS);

    (c)    the VHF Omnidirectional Radio Range (VOR);

    (d)    the Non-Directional Radio Beacon (NDB);

    (e)    the Distance Measuring Equipment (DME);

    (f)    the En Route VHF Marker Beacon; and

    (g)    microphone landing system (MLS).

    (2) Differences in radio navigation aids specified in subregulation (1) shall be published in an Aeronautical Information Publication (AIP).

    (3) The ANS shall publish in an (AIP) any radio navigation aid that is not an ILS, but which may be used in whole or in part with aircraft equipment designed for use with an ILS.

6.    GNSS – specific provisions

    (1) A service provider shall terminate a GNSS satellite service, provided by one of its elements under the Requirements for the global navigation satellite system, on the basis of at least a six-year advance notice.

    (2) The Authority shall, upon approving the GNSS-based operations ensure that GNSS data relevant to those operations are recorded.

    (3) The Authority shall retain recordings for a period of at least 30 days.

    (4) Where the recordings are pertinent to accident and incident investigations, the Authority shall retain such recordings for longer periods until it is evident that they will no longer be required.

7.    Precision approach radar

    (1) A precision approach radar (PAR) system, where installed and operated as a radio navigation aid together with equipment for two-way communication with aircraft and facilities for the efficient co-ordination of these elements with air traffic control, shall conform to regulation 49.

    (2) Where a radio navigation aid is provided to support precision approach and landing, it shall be supplemented, as necessary, by a source or sources of guidance information which, when used in conjunction with appropriate procedures, will provide effective guidance to, and efficient coupling with, the desired reference path.

8.    Composition of precision approach radar system

    (1) The precision approach radar system shall comprise the following elements—

    (a)    the Precision Approach Radar element (PAR); and

    (b)    the Surveillance Radar Element (SRE).

    (2) Where the Precision Approach Radar only is used, the installation shall be identified by the term "precision approach radar" and not by the term "precision approach radar system".

9.    Specifications for precision approach radar elements

    The specifications for precision approach radar shall be as contained in Schedule 1.

10.    Specifications for Surveillance Radar Element

    A surveillance radar used as the SRE of a precision approach radar system shall satisfy the performance requirements as contained in Schedule 1.

11.    Ground and flight testing

    Radio navigation aids of the types covered by the specifications in regulations 5 to 174 and available for use by aircraft engaged in international air navigation, shall be the subject of periodic ground and flight tests as contained in Schedule 4.

12.    Operational status of radio navigation aids

    Aerodrome control towers and units providing approach control service shall be provided with information on the operational status of radio navigation services essential for approach, landing and take-off at the aerodrome with which they are concerned, on a timely basis consistent with the use of the service involved.

13.    Power supply for radio navigation aids and communication systems

    Radio navigation aids and ground elements of communication systems shall be provided with suitable power supplies and means to ensure continuity of service, consistent with the use of the service involved.

14.    Human factor considerations

    Human Factors Principles shall be observed in the design and certification of radio navigation aids.

(a) Instrument Landing System (regs 15-19)

15.    Basic requirements for instrument landing system – composition

    (1) The ILS shall comprise the following basic components—

    (a)    VHF localizer equipment, associated monitor system, remote control and indicator equipment;

    (b)    UHF glide path equipment, associated monitor system, remote control and indicator equipment; and

    (c)    DME or VHF Markers as a means to enable glide path verification checks.

    (2) Distance to threshold information shall be provided by either VHF marker beacons or Distance Measuring Equipment (DME) to enable glide path verification checks together with associated monitor systems and remote control and indicator equipment.

    (3) If one or more VHF marker beacons are used to provide distance to threshold information, the equipment shall conform to the specifications in regulations 42 to 48.

    (4) Facility Performance Categories I, II and III – ILS shall provide indications at designated remote-control points of the operational status of all ILS ground system components, as follows—

    (a)    for all Category II and Category III – ILS, the air traffic services unit involved in the control of aircraft on the final approach shall be one of the designated remote control points and shall receive information on the operational status of the ILS, with a delay commensurate with the requirements of the operational environment; and

    (b)    for a Category I – ILS, if that ILS provides an essential radio navigation service, the air traffic services unit involved in the control of aircraft on the final approach shall be one of the designated remote control points and shall receive information on the operational status of the ILS, with a delay commensurate with the requirements of the operational environment.

16.    Basic requirements for instrument landing system – construction and adjustment

    The ILS shall be constructed and adjusted so that, at a specified distance from the threshold, similar instrumental indications in the aircraft represent similar displacements from the course line or ILS glide path as appropriate, irrespective of the particular ground installation in use.

17.    Localizer and glide path components of facility performance categories

    (1) The localizer and glide path components specified in regulation 15(1)(a) and (b) which form part of a Facility Performance Category I – ILS shall comply with regulations 20 to 41 respectively, except those in which the application to Facility Performance Category II – ILS is prescribed.

    (2) The localizer and glide path components specified in regulation 15(1)(a) and (b) which form part of a Facility Performance Category II – ILS shall comply with the standards applicable to these components in a Facility Performance Category I – ILS, as supplemented or amended by regulations 20 to 41 in which the application to Facility Performance Category II – ILS is prescribed.

    (3) The localizer and glide path components and other ancillary equipment specified in regulation 15(1)(a) and (b), which form part of a Facility Performance Category III – ILS, shall otherwise comply with the standards applicable to these components in Facility Performance Categories I and II – ILS, except as supplemented by the standards in regulations 20 to 41 in which application to Facility Performance Category III – ILS is prescribed.

18.    ILS level of safety

    The ILS shall be so designed and maintained that the probability of operation within the performance requirements specified is of a high value, consistent with the category of operational performance concerned.

19.    Two ILS facilities serving opposite ends of single runway

    (1) Where two separate ILS facilities serve opposite ends of a single runway, an interlock shall ensure that only the localizer serving the approach direction in use shall radiate, except where the localizer in operational use is Facility Performance Category I – ILS and not operationally harmful interference results.

    (2) Where two separate ILS facilities serve opposite ends of a single runway and where a Facility Performance Category I – ILS is to be used for auto-coupled approaches and landings in visual conditions an interlock shall ensure that only the localizer serving the approach direction in use radiates:

    Provided the other localizer serving the approach direction in use, radiates.

    (3) Where ILS facilities serving opposite ends of the same runway or different runways at the same airport, use the same paired frequencies, an interlock shall ensure that only one facility shall radiate at a time.

    (4) Where there is a switching from one ILS facility to another, radiation from both facilities shall be suppressed for not less than 20 seconds.

(b) VHF Localizer and Associated Monitor (regs 20-32)

20.    VHF localizer and associated monitor specifications

    (1) The specifications of the VHF localizer and associated monitor shall be as set out in Schedule 2.

    (2) The radiation from the localizer antenna system shall produce a composite field pattern which is amplitude modulated by a 90 Hz and a 150 Hz tone.

    (3) The radiation field pattern shall produce a course sector with one tone predominating on one side of the course and with the other tone predominating on the opposite side.

    (4) Where an observer faces the localizer from the approach end of a runway, the depth of modulation of the radio frequency carrier due to the 150 Hz tone shall predominate on the observer's right hand and that due to the 90 Hz tone shall predominate on the observer’s left hand.

    (5) All horizontal angles employed in specifying the localizer field patterns shall originate from the centre of the localizer antenna system which provides the signals used in the front course sector.

21.    VHF localizer radio frequency

    (1) The localizer shall—

    (a)    operate in the band 108 MHz to 111.975 MHz; and

    (b)    where a single radio frequency carrier is used, the frequency tolerance shall not exceed 0.005 per cent.

    (2) Where two radio frequency carriers are used—

    (a)    the frequency tolerance shall not exceed 0.002 per cent;

    (b)    the nominal band occupied by the carriers shall be symmetrical about the assigned frequency; and

    (c)    with all tolerances applied, the frequency separation between the carriers shall not be less than 5 kHz nor more than 14 kHz.

    (3) The emission from the localizer shall—

    (a)    be horizontally polarised; and

    (b)    the vertically polarised component of the radiation on the course line shall not exceed that which corresponds to a DDM error of 0.016 when an aircraft is positioned on the course line and is in a roll attitude of 20 degrees from the horizontal.

    (4) For Facility Performance Category II localizers, the vertically polarised component of the radiation on the course line shall not exceed that which corresponds to a DDM error of 0.008 when an aircraft is positioned on the course line and is in a roll attitude of 20 degrees from the horizontal.

    (5) For Facility Performance Category III localizers, the vertically polarised component of the radiation within a sector bounded by 0.02 DDM either side of the course line shall not exceed that which corresponds to a DDM error of 0.005 when an aircraft is in a roll attitude of 20 degrees from the horizontal.

    (6) For Facility Performance Category III localizers, signals emanating from the transmitter shall contain no components which result in an apparent course line fluctuation of more than 0.005 DDM peak to peak in the frequency band 0.01 Hz to 10 Hz.

22.    VHF localizer coverage

    (1) The localizer shall provide signals sufficient to allow satisfactory operation of a typical aircraft installation within the localizer and glide path coverage sectors.

    (2) —

    (1)    The localizer coverage sector shall extend from the centre of the localizer antenna system to distances of—

    (a)    46.3 km (25 NM) within plus or minus 10 degrees from the front course line;

    (b)    31.5 km (17 NM) between 10 degrees and 35 degrees from the front course line; and

    (c)    18.5 km (10 NM) outside of plus or minus 35 degrees from the front course line if coverage is provided.

    (2)    In all parts of the coverage volume specified in subregulation (1), other than as specified in subregulations (3), (4) and (5), the field strength shall not be less than 40 microvolts (µv) per metre (minus 114 dBW/m2).

    (3) For Facility Performance Category I localizers, the minimum field strength on the ILS glide path and within the localizer course sector from a distance of 18.5 km (10 NM) to a height of 60 m (200 ft) above the horizontal plane containing the threshold shall hot be less than 90 µv per metre (minus 107 dBW/m2).

    (4) For Facility Performance Category II localizers, the minimum field strength on the ILS glide path and within the localizer course sector shall—

    (a)    not be less than 100 µv per metre (minus 106 dBW/m2) at a distance of 18.5 km (10 NM) increasing to not less than 200 µv per metre (minus 100 dBW/m2); and

    (b)    at a height of 15 m (50 ft) above the horizontal plane containing the threshold.

    (5) For Facility Performance Category III localizers, the minimum field strength on the ILS glide path and within the localizer course sector shall—

    (a)    not be less than 100 µv per metre (minus 106 dBW/m2) at a distance of 18.5 km (10 NM);

    (b)    not increase to less than 200 µv per metre (minus 100 dBW/m2) at 6 m (20 ft) above the horizontal plane containing the threshold;

    (c)    from this point to a further point 4 m (12 ft) above the runway centre line, and 300 m (1 000 ft) from the threshold in the direction of the localizer; and

    (d)    thereafter at a height of 4 m (12 ft) along the length of the runway in the direction of the localizer, the field strength shall not be less than 100 µv per metre (minus 106 dBW/m2).

    (6) The signals shall be reduced to as low a value as seven degrees.

    (7) —

    (1)    Where coverage is achieved by a localizer using two radio frequency carriers, one carrier shall provide a radiation field pattern in the front course sector and the other shall provide a radiation field pattern outside that sector.

    (2)    The ratio of the two carrier signal strengths in space within the front course sector to the coverage limits specified in subregulation (1), shall not be less than 10 dB.

    (8) For Facility Performance Category III localizers, the ratio of the two carrier signal strengths in space within the front course sector shall not be less than 16 dB.

23.    VHF localizer course structure

    (1) For Facility Performance Category I localizers, bends in the course line shall not have amplitudes which exceed the following—

Zone

Amplitude (DDM)
(95% probability)Outer limit of coverage to ILS Point "A"0.031ILS Point "A" to
ILS Point "B"0.031 at ILS Point "A" decreasing at a linear rate to 0.015 at ILS Point "B"ILS Point "B" to
ILS Point "C"0.015

    (2) For Facility Performance Categories II and III localizers, bends in the course line shall not have amplitudes which exceed the following—

Zone

Amplitude (DDM)
(95% probability)Outer limit of coverage to ILS Point "A"0.031ILS Point "A" to
ILS Point "B"0.03 at ILS Point "A" decreasing at a linear rate to 0.005 at ILS Point "B"ILS Point "B" to the
ILS reference datum0.005and, for Category III only—
ILS reference datum to ILS Point "D"0.005ILS Point "D" to
ILS Point "E"0.005 at ILS Point "D" increasing at a liner rate to 0.010 at ILS Point "E"

 

24. VHF localizer carrier modulation

    (1) The nominal depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones shall be 20 per cent along the course line.

    (2) The depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones shall be within the limits of 18 and 22 per cent.

    (3) The following tolerances shall be applied to the frequencies of the modulating tones—

    (a)    the modulating tones shall be 90 Hz and 150 Hz within plus or minus 2.5 per cent;

    (b)    the modulating tones shall be 90 Hz and 150 Hz within plus or minus 1.5 per cent for Facility Performance Category II installations;

    (c)    the modulating tones shall be 90 Hz and 150 Hz within plus or minus one per cent for Facility Performance Category III installations;

    (d)    the total harmonic content of the 90 Hz tone shall not exceed 10 per cent;

    (e)    additionally, for Facility Performance Category III localizers, the second harmonic of the 90 Hz tone shall not exceed five per cent; and

    (f)    the total harmonic content of the 150 Hz tone shall not exceed 10 per cent.

    (4) For Facility Performance Category I – ILS, the modulating tones shall be—

    (a)    90 Hz; and

    (b)    150 Hz within plus or minus 1.5 per cent where practicable.

    (5) —

    (1)    For Facility Performance Category III localizers, the depth of amplitude modulation of the radio frequency carrier at the power supply frequency or its harmonics, or by other unwanted components, shall not exceed 0.5 per cent.

    (2)    Harmonics of the supply, or other unwanted noise components that may intermodulate with the 90 Hz and 150 Hz navigation tones or their harmonics to produce fluctuations in the course line, shall not exceed 0.05 per cent modulation depth of the radio frequency carrier.

    (6) The modulation tones shall be phase-locked so that within the half course sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in the same direction within—

    (a)    for Facility Performance Categories I and II localizers: 20 degrees; and

    (b)    for Facility Performance Category III localizers: 10 degrees, of phase relative to the 150 Hz component, every half cycle of the combined 90 Hz and 150 Hz wave form.

    (7) —

    (1)    With two-frequency localizer systems, subregulation (6) shall apply to each carrier and the 90 Hz modulating tone of one carrier shall be phase-locked to the 90 Hz modulating tone of the other carrier so that the demodulated wave forms pass through zero in the same direction—

        (a)    for Categories I and II localizers: 20 degrees; and

        (b)    for Category III localizers: 10 degrees, of phase relative to 90 Hz.

    (2)    Similarly, the 150 Hz tones of the two carriers shall be phase-locked so that the demodulated wave forms pass through zero in the same direction—

        (a)    for Categories I and II localizers: 20 degrees; and

        (b)    for Category III localizers: 10 degrees, of phase relative to 150 Hz.

    (8) —

    (1)    The Authority shall authorise the use of alternative two-frequency localizer systems that employ audio phasing different from the normal in-phase conditions described in subregulation (7).

    (2)    Subject to subregulation (8) the 90 Hz to 90 Hz phasing and the 150 Hz to 150 Hz phasing shall be adjusted to their nominal values to within limits equivalent to those stated in subregulation (7).

    (9) The sum of the modulation depths of the radio frequency carrier due to the 90 Hz and 150 Hz tones shall—

    (a)    not exceed 60 per cent; or

    (b)    be less than 30 per cent within the required coverage.

    (10) For equipment first installed after 1st January 2000, the sum of the modulation depths of the radio frequency carrier due to the 90 Hz and 150 Hz tones shall—

    (a)    not exceed 60 per cent; or

    (b)    be less than 30 per cent within the required coverage.

    (11) When utilising a localizer for radiotelephone communications, the sum of the modulation depths of the radio frequency carrier due to the 90 Hz and 150 Hz tones shall not exceed—

    (a)    65 per cent within 10 degrees of the course line; and

    (b)    78 per cent at any other point around the localizer.

    (12) When utilising a localizer for radiotelephone communications, the sum of the modulation depths of the radio frequency carrier due to the 90 Hz and 150 Hz tones shall—

    (a)    not exceed 65 per cent within 10 degrees of the course line; and

    (b)    not exceed 78 per cent at any other point around the localizer.

    (13) Undesired frequency and phase modulation on ILS localizer radio frequency carriers that can affect the displayed DDM values in localizer receivers shall be minimised to such extent as is practical.

25.    VHF localizer course alignment accuracy

The mean course line shall be adjusted and maintained within limits equivalent to the following displacements from the runway centre line at the ILS reference datum—

    (a)    for Facility Performance Category I localizers: plus or minus 10.5 m (35 ft), or the linear equivalent of 0.015 DDM, whichever is less;

    (b)    for Facility Performance Category II localizers: plus or minus 7.5 m (25 ft); and

    (c)    for Facility Performance Category III localizers: plus or minus 3 m (10 ft).

26.    VHF localizer displacement sensitivity

    (1) The nominal displacement sensitivity within the half course sector shall be the equivalent of 0.00145 DDM/m (0.00044 DDM/ft) at the ILS reference datum except that for Category I localizers, where the specified nominal displacement sensitivity cannot be met, the displacement sensitivity shall be adjusted as near as possible to that value.

    (2) For Facility Performance Category I localizers on runway codes 1 and 2, the nominal displacement sensitivity shall—

    (a)    be achieved at the ILS Point "B"; and

    (b)    maximum course sector angle shall not exceed six degrees.

    (3) The lateral displacement sensitivity shall be adjusted and maintained within the limits of plus or minus—

    (a)    17 per cent of the nominal value for Facility Performance Categories I and II;

    (b)    10 per cent of the nominal value for Facility Performance Category III.

    (4) For Facility Performance Category II – ILS, displacement sensitivity shall be adjusted and maintained within the limits of plus or minus 10 per cent where practicable.

    (5) The increase of DDM shall be substantially linear with respect to angular displacement from the front course line (where DDM is zero), up to an angle on either side of the front course line where the DDM is 0.180.

    (6) From that angle to plus or minus 10 degrees, the DDM shall not be less than 0.180 and from plus or minus 10 degrees to plus or minus 35 degrees, the DDM shall not be less than 0.155.

    (7) Where coverage is required outside of the plus or minus 35 degrees sector, the DDM in the area of the coverage, except in the back-course sector, shall not be less than 0.155.

27.    VHF localizer voice

    (1) Facility Performance Categories I and II localizers may provide a ground-to-air radiotelephone communication channel to be operated simultaneously with the navigation and identification signals:

    Provided that such operation shall not interfere in any way with the basic localizer function.

    (2) Category III localizers shall not provide such a radiotelephone communication channel, except where extreme care has been taken in the design and operation of the facility to ensure that there is no possibility of interference with the navigational guidance.

    (3) If the radiotelephone communication channel is provided, it shall conform with the following standards—

    (a)    the channel shall be on the same radio frequency carrier or carriers as used for the localizer function, and the radiation shall be horizontally polarised;

    (b)    where two carriers are modulated with speech, the relative phases of the modulations on the two carriers shall be such as to avoid the occurrence of nulls within the coverage of the localizer; and

    (c)    the peak modulation depth of the carrier or carriers due to the radiotelephone communications shall not exceed 50 per cent but shall be adjusted so that—

        (i)    the ratio of peak modulation depth due to the radiotelephone communications to that due to the identification signal is approximately 9:1, and

        (ii)    the sum of modulation components due to use of the radiotelephone channel, navigation signals and identification signals shall not exceed 95 per cent; and

    (d)    the audio frequency characteristics of the radiotelephone communication channel shall be flat to within 3 dB relative to the level at 1000 Hz over the range 300 Hz to 3000 Hz.

28.    VHF localizer identification

    (1) The localizer shall—

    (a)    provide for the simultaneous transmission of an identification signal;

    (b)    be specific to the runway and approach direction, on the same radio frequency carrier or carriers as used for the localizer function; and

    (c)    the transmission of the identification signal shall not interfere in any way with the basic localizer function.

    (2) The identification signal shall—

    (a)    be produced by Class A2A modulation of the radio frequency carrier; or

    (b)    carriers using a modulation tone of 1020 Hz within plus or minus 50 Hz.

    (3) The depth of modulation shall be between the limits of 5 and 15 per cent except that where a radiotelephone communication channel is provided, the depth of modulation shall be adjusted so that the ratio of peak modulation depth due to radiotelephone communications to that due to the identification signal modulation is approximately 9:1.

    (4) The emissions carrying the identification signal shall—

    (a)    be horizontally polarised; and

    (b)    where two carriers are modulated with identification signals, the relative phase of the modulations shall be such as to avoid the occurrence of nulls within the coverage of the localizer.

    (5) The identification signal shall—

    (a)    employ the International Morse Code which consist of two or three letters; or

    (b)    be preceded by the International Morse Code signal of the letter "I", followed by a short pause where it is necessary to distinguish the ILS facility from other navigational facilities in the immediate area.

    (6) The identification signal shall—

    (a)    be transmitted by dots and dashes at a speed corresponding to approximately seven words per minute; and

    (b)    shall be repeated at approximately equal intervals, not less than six times per minute, at all times during which the localizer is available for operational use.

    (7) Where the transmissions of the localizer are not available for operational use after removal of navigation components, or during maintenance or test transmissions, the identification signal shall be suppressed and the dots shall have a duration of 0.1 second to 0.160 second.

    (8) The dash duration shall—

    (a)    be typically three times the duration of a dot;

    (b)    the interval between dots or dashes shall be equal to that of one dot plus or minus ten per cent; and

    (c)    the interval between letters shall not be less than the duration of three dots.

29.    VHF localizer siting

    (1) For Facility Performance Categories II and III—

    (a)    the localizer antenna system shall be located on the extension on the centre line of the runway at the stop end;

    (b)    the equipment shall be adjusted so that the course lines will be in a vertical plane containing the centre line of the runway served; and

    (c)    the antenna height and location shall be consistent with safe obstruction clearance practices.

    (2) For Facility Performance Category I, the localizer antenna system shall be located and adjusted as in subregulation (1), unless site constraints dictate that the antenna be offset from the centre line of the runway.

30.    VHF localizer monitoring

    (1) The automatic monitor system shall provide a warning to the designated control points and cause one of the following to occur, within the period specified in subregulation (5), if any of the conditions stated in subregulation (2) persist—

    (a)    radiation to cease; and

    (b)    removal of the navigation and identification components from the carrier.

    (2) The conditions requiring initiation of monitor action shall be the following—

    (a)    for Facility Performance Category I localizers, a shift of the mean course line from the runway centre line equivalent to more than 10.5 m (35 ft), or the linear equivalent to 0.015 DDM, whichever is less, at the ILS reference datum;

    (b)    for Facility Performance Category II localizers, a shift of the mean course line from the runway centre line equivalent to more than 7.5 m (25 ft) at the ILS reference datum;

    (c)    for Facility Performance Category III localizers, a shift of the mean course line from the runway centre line equivalent to more than 6 m (20 ft) at the ILS reference datum;

    (d)    in the case of localizers in which the basic functions are provided by the use of a single-frequency system, a reduction of power output to a level such that any of the requirements of regulation 22, 23 or 24 are no longer satisfied, or to a level that is less than 50 per cent of the normal level (whichever occurs first);

    (e)    in the case of localizers in which the basic functions are provided by the use of a two-frequency system, a reduction of power output for either carrier to less than 80 per cent of normal, except that a greater reduction to between 80 per cent and 50 per cent of normal may be permitted, provided the localizer continues to meet the requirements of regulations 22, 23 and 24; and

    (f)    change of displacement sensitivity to a value differing by more than 17 per cent from the nominal value for the localizer facility.

    (3) In the case of localizers in which the basic functions are provided by the use of a two-frequency system, the conditions requiring initiation of monitor action shall include the case where the DDM in the required coverage beyond plus or minus 10 degrees from the front course line, except in the back course sector, decreases below 0.155.

    (4) The total period of radiation, including period(s) of zero radiation, outside the performance limits specified in subregulation (2) shall be as short as practicable, consistent with the and need for avoiding interruptions of the navigation service provided by the localizer.

    (5) The total period referred to under subregulation (4) shall not exceed under any circumstances—

    (a)    10 seconds for Category I localizers;

    (b)    five seconds for Category II localizers; and

    (c)    two seconds for Category III localizers.

    (6) Where practicable, the total period under subregulation (5) shall be reduced so as not to exceed two seconds for Category II localizers and one second for Category III localizers.

    (7) Design and operation of the monitor system shall be consistent with the requirement that navigation guidance and identification will be removed and a warning provided at the designated remote-control points in the event of failure of the monitor system itself.

31.    VHF localizer integrity and continuity of service requirements

    (1) The probability of not radiating false guidance signals shall not be less than 1 – 0.5 x 109 "/in any one landing for Facility Performance Categories II and III localizers.

    (2) The probability of not radiating false guidance signals shall not be less than 1 – 1.0 x 106 in any one landing for Facility Performance Category I localizers.

    (3) The probability of not losing the radiated guidance signal shall be greater than—

    (a)    1 – 2 x 106 in any period of 15 seconds for Facility Performance Category II localizers or localizers intended to be used for Category IIIA operations (equivalent to 2 000 hours mean time between outages); and

    (b)    01 – 2 x 106 in any period of 30 seconds for Facility Performance Category III localizers intended to be used for the full range of Category III operations (equivalent to 4000 hours mean time between outages).

    (4) The probability of not losing the radiated guidance signal shall exceed 1 – 4 x 106 in any period of 15 seconds for Facility Performance Category I localizers (equivalent to 1000 hours mean time between outages).

32.    Interference immunity performance for ILS localizer receiving systems

    (1) The ILS localizer receiving system shall provide adequate immunity to interference from two-signal, third order inter modulation products caused by VHF FM broadcast signals having levels in accordance with the following—

 

    (2) The ILS localizer receiving system shall not be desensitised in the presence of VHF FM broadcast signals having levels in accordance with the following table—

Maximum level of unwanted frequency signal at receiver input

Frequency (MHz)Maximum level of unwanted
signal at receiver input
(dBm)88-102+15104+10106+5107.9–10

(c) UHF Glide Path Equipment and Associated Monitor (regs 33-41)

33.    UHF glide path and associated monitor specifications

    (1) The specifications of the UHF glide path and associated monitor shall be as set out in the Schedule 3.

    (2) The radiation from the UHF glide path antenna system shall produce a composite field pattern which is amplitude modulated by a—

    (a)    90 Hz; and

    (b)    a 150 Hz tone.

    (3) The composite field pattern shall—

    (a)    be arranged to provide a straight line descent path in the vertical plane containing the centre line of the runway;

    (b)    be the 150 Hz tone predominating below the path;

    (c)    and be 90 Hz tone predominating above the path to at least an angle equal to 1.75 q.

    (4) The ILS glide path angle shall—

    (a)    be three degrees;

    (b)    ILS glide path angles in excess of three degrees shall not be used except where alternative means of satisfying obstruction clearance requirements are impracticable.

    (5) The glide path angle shall be adjusted and maintained within—

    (a)    0.075 q from q for Facility Performance Categories I and II – ILS glide paths;

    (b)    0.04 q from q for Facility Performance Category III – ILS glide paths.

    (6) The downward extended straight portion of the ILS glide path shall pass through the ILS reference datum at a height ensuring safe guidance over obstructions and also safe and efficient use of the runway served.

    (7) The height of the ILS reference datum for Facility Performance Categories II and III – ILS shall be 15 m (50 ft) and a tolerance of plus 3 m (10 ft) is permitted.

    (8) The height of the ILS reference datum for Facility Performance Category I – ILS shall be 15 m (50 ft). A tolerance of plus 3 m (10 ft) shall be permitted.

    (9) The height of the ILS reference datum for Facility Performance Category I – ILS used on short precision approach runway codes 1 and 2 shall be 12 m (40 ft). A tolerance of plus 6 m (20 ft) is permitted.

34.    UHF glide path radio frequency

    (1) The glide path equipment shall operate in the band 328.6 MHz to 335.4 MHz where a single radio frequency carrier is used and the frequency tolerance shall not exceed 0.005 per cent.

    (2) Where two carrier glide path systems are used—

    (a)    the frequency tolerance shall not exceed 0.002 per cent;

    (b)    the nominal band occupied by the carriers shall be symmetrical about the assigned frequency; and

    (c)    with all tolerances applied, the frequency separation between the carriers shall not be less than 4 kHz nor more than 32 kHz.

    (3) The emission from the glide path equipment shall be horizontally polarised.

    (4) For Facility Performance Category III – ILS glide path equipment, signals emanating from the transmitter shall contain no components which result in apparent glide path fluctuations of more than 0.02 DDM peak to peak in the frequency band 0.01 Hz to 10 Hz.

35.    UHF glide path coverage

    (1) The glide path equipment shall provide signals sufficient to allow satisfactory operation of a typical aircraft installation in sectors of 8 degrees in azimuth on each side of the centre line of the ILS glide path, to a distance of at least 18.5 km (10 NM) up to 1.75 q and down to 0.45 q above the horizontal or to such lower angle, down to 0.30 q, as required to safeguard the promulgated glide path intercept procedure.

    (2) In order to provide the coverage for glide path performance specified in subregulation (1)—

    (a)    the minimum field strength within this coverage sector shall be 400 microvolts per metre minus 95 dBW/m2; and

    (b)    for Facility Performance Category I glide paths, this field strength shall be provided down to a height of 30 m (100 ft) above the horizontal plane containing the threshold.

    (3) For Facility Performance Categories II and III glide paths, the field strength shall be provided down to a height of 15 m (50 ft) above the horizontal plane containing the threshold.

36.    UHF glide path structure

    (1) For Facility Performance Category I – ILS glide paths, bends in the glide path shall not have amplitudes which exceed the following—

Zone

Amplitude (DDM)
(95% probability)Outer limit of coverage to ILS Point "C"0.035

<NT:2.34375,1.5625,NoteIncomplete     (2) For Facility Performance Categories II and III — ILS glide paths, bends in the glide path shall not have amplitudes which exceed the following—

37.    UHF glide path carrier modulation

    (1) The nominal depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones shall be 40 per cent along the ILS glide path.

    (2) The depth of modulation shall not deviate outside the limits of 37.5 per cent to 42.5 per cent.

    (3) The following tolerances shall be applied to the frequencies of the modulating tones—

    (a)    the modulating tones shall be 90 Hz and 150 Hz within 2.5 per cent for Facility Performance Category I – ILS;

    (b)    the modulating tones shall be 90 Hz and 150 Hz within 1.5 per cent for Facility Performance Category II – ILS;

    (c)    the modulating tones shall be 90 Hz and 150 Hz within one per cent for Facility Performance Category III – ILS;

    (d)    the total harmonic content of the 90 Hz tone shall not exceed 10 per cent and additionally and for Facility Performance Category III equipment, the second harmonic of the 90 Hz tone shall not exceed 5 per cent; and

    (e)    the total harmonic content of the 150 Hz tone shall not exceed 10 per cent.

    (4) For Facility Performance Category I – ILS, the modulating tones shall be 90 Hz and 150 Hz within plus or minus 1.5 per cent where practicable.

    (5) For Facility Performance Category III glide path equipment, the depth of amplitude modulation of the radio frequency carrier at the power supply frequency or harmonics, or at other noise frequencies, shall not exceed one per cent.

    (6) The modulation shall be phase-locked so that within the ILS half glide path sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in the same direction—

    (a)    for Facility Performance Categories I and II – ILS glide paths: 20 degrees; and

    (b)    for Facility Performance Category III – ILS glide paths: 10 degrees, of phase relative to the 150 Hz component, every half cycle of the combined 90 Hz and 150 Hz wave form.

    (7) With two-frequency glide path systems, subregulation (5) shall apply to each carrier and in addition, the 90 Hz modulating tone of one carrier shall be phase-locked to the 90 Hz modulating tone of the other carrier so that the demodulated wave forms pass through zero in the same direction—

    (a)    for Categories I and II – ILS glide paths: 20 degrees;

    (b)    for Category III – ILS glide paths: 10 degrees, of phase relative to 90 Hz; and

    (c)    similarly, the 150 Hz tones of the two carriers shall be phase-locked so that the demodulated wave forms pass through zero in the same direction—

        (i)    for Categories I and II – ILS glide paths: 20 degrees,

        (ii)    for Category III – ILS glide paths: 10 degrees, of phase relative to 150 Hz.

    (8) The Authority may permit alternative two-frequency glide path systems that employ radio phasing, different from the normal in-phase condition described in subregulation (6).

    (9) Where alternate two-frequency glide path systems are permitted, the 90 Hz to 90 Hz phasing and the 150 Hz to 150 Hz phasing shall be adjusted to their nominal values to within limits equivalent to those stated in subregulation (6).

    (10) Undesired frequency and phase modulation on ILS glide path radio frequency carriers that can affect the displayed DDM values in glide path receivers shall be minimised to such an extent as is practical.

38.    UHF glide path displacement sensitivity

    (1) For Facility Performance Category I – ILS glide paths, the nominal angular displacement sensitivity shall correspond to a DDM of 0.0875 at angular displacements above and below the glide path between 0.07 q and 0.14 q.

    (2) For Facility Performance Category II – ILS glide paths, the angular displacement sensitivity shall be as symmetrical as practicable and the nominal angular displacement sensitivity shall correspond to a DDM of 0.0875 at an angular displacement of—

    (a)    0.12 q below path with a tolerance of plus or minus 0.02 q; and

    (b)    0.12 q above path with a tolerance of plus 0.02 q and minus 0.05 q.

    (3) For Facility Performance Category III – ILS glide paths—

    (a)    the nominal angular displacement sensitivity shall correspond to a DDM of 0.0875; and

    (b)    at angular displacements above and below the glide path of 0.12 q with a tolerance of plus or minus 0.02 q.

    (4) The DDM below the ILS glide path shall increase smoothly for decreasing angle until a value of 0.22 DDM is reached.

    (5) The value referred to in subregulation (4), shall be achieved at an angle not less than 0.30 q above the horizontal.

    (6) If the DDM below the ILS glide path is achieved at an angle above 0.45 q, the DDM value shall—

    (a)    not be less than 0.22;

    (b)    at least down to 0.45 q or to such lower angle; and

    (c)    be down to 0.30 q, as required to safeguard the promulgated glide path intercept procedure.

    (7) The angular displacement sensitivity shall be adjusted and maintained within plus or minus 25 per cent of the nominal value selected, for Facility Performance Category I – ILS glide paths.

    (8) The angular displacement sensitivity shall be adjusted and maintained within plus or minus 20 per cent of the nominal value selected, for Facility Performance Category II – ILS glide paths.

    (9) The angular displacement sensitivity shall be adjusted and maintained within plus or minus 15 per cent of the nominal value selected, for Facility Performance Category III – ILS glide paths.

39.    UHF glide path monitoring

    (1) The automatic monitor system shall provide a warning to the designated control points and cause radiation to cease within the periods specified in subregulation (4) if any of the following conditions persist—

    (a)    shift of the mean ILS glide path angle equivalent to more than minus 0.075 q to plus 0.10 q from q;

    (b)    in the case of ILS glide paths in which the basic functions are provided by the use of a single-frequency system, a reduction of power output to less than 50 per cent of normal:

    Provided the glide path continues to meet the requirements of regulations 35, 36 and 37;

    (c)    the case of ILS glide paths in which the basic functions are provided by the use of two-frequency systems, a reduction of power output for either carrier to less than 80 per cent of normal, except that a greater reduction to between 80 per cent and 50 per cent of normal may be permitted: provided the glide path continues to meet the requirements of regulations 35, 36 and 37;

    (d)    for Facility Performance Category I – ILS glide paths. A change of the angle between the glide path and the line below the glide path (150 Hz predominating), at which a DDM of 0.0875 is realised by more than the greater of—

        (i)    plus, or minus 0.0375 q, or

        (ii)    an angle equivalent to a change of displacement sensitivity to a value differing by 25 per cent from the nominal value;

    (e)    for Facility Performance Categories II and III – ILS glide paths, a change of displacement sensitivity to a value differing by more than 25 per cent from the nominal value;

    (f)    lowering of the line beneath the ILS glide path at which a DDM of 0.0875 is realised to less than 0.7475 q from horizontal; and

    (g)    a reduction of DDM to less than 0.175 within the specified coverage below the glide path sector.

    (2) Monitoring of the ILS glide path characteristics to smaller tolerances shall be arranged in those cases where operational penalties would otherwise exist.

    (3) The total period of radiation, including period(s) of zero radiation, outside the performance limits specified in subregulation (1) shall be as short as practicable, consistent with the need for avoiding interruptions of the navigation service provided by the ILS glide path.

    (4) The total period referred to under subregulation (3), shall not exceed under any circumstances—

    (a)    six seconds for Category I — ILS glide paths; and

    (b)    two seconds for Categories II and III — ILS glide paths.

    (5) Where practicable, the total period specified under subregulation (4) for Categories II and III — ILS glide paths, shall not exceed one second.

    (6) Design and operation of the monitor system shall be consistent with the requirement that radiation shall cease and a warning shall be provided at the designated remote-control points, in the event of failure of the monitor system.

40.    UHF glide path integrity and continuity of service requirements

    (1) The probability of not radiating false guidance signals shall not be less than 1 – 0.5 x 109, in any one landing for Facility Performance Categories II and III glide paths.

    (2) The probability of not radiating false guidance signals shall not be less than 1 – 1.0 x 107 in any one landing for Facility Performance Category I glide paths.

    (3) The probability of not losing the radiated guidance signal shall be greater than 1 – 2 x 107, in any period of 15 seconds for Facility Performance Categories II and III glide paths (equivalent to 2 000 hours mean time between outages).

    (4) The probability of not losing the radiated guidance signal, shall exceed 1 – 4 x 106 in any period of 15 seconds for Facility Performance Category I glide paths (equivalent to 1 000 hours mean time between outages).

41.    Localizer and glide path frequency pairing

    (1) The pairing of the runway localizer and glide path transmitter frequencies of an instrument landing system shall be taken from the following list in accordance with regulation 35 and the provisions of Statutory Instrument No. 44 Civil Aviation (Radio Frequency Spectrum Utilisation) Regulations, 2022 (S.I. No. 44 of 2022).

Localizer
(MHz)

Glide path
(MHz)

Localizer
(MHz)

Glide path
(MHz)

108.1

334.7

110.1

334.4

108.15

334.55

110.15

334.25

108.3

334.1

110.3

335.0

108.35

333.95

110.35

334.85

108.5

329.9

110.5

329.6

108.55

329.75

110.55

329.45

108.7

330.5

110.7

330.2

108.75

330.35

110.75

330.05

108.9

329.3

110.9

330.8

108.95

329.15

110.95

330.65

109.1

331.4

111.1

331.7

109.15

331.25

111.15

331.55

109.3

332.0

111.3

332.3

109.35

331.85

111.35

332.15

109.5

332.6

111.5

332.9

109.55

332.45

111.55

332.75

109.7

333.2

111.7

333.5

109.75

333.05

111.75

333.35

109.9

333.8

111.9

331.1

109.95

333.65

111.95

330.95

    (2) In those regions where the requirements for runway localizer and glide path transmitter frequencies of an instrument landing system do not justify more than 20 pairs, they shall be selected sequentially, as required, from the following list—

Sequence number

Localizer
(MHz)

Glide path
(MHz)

1

110.3

335.0

2

109.9

333.8

3

109.5

332.6

4

110.1

334.4

5

109.7

333.2

6

109.3

332.0

7

109.1

331.4

8

110.9

330.8

9

110.7

330.2

10

110.5

329.6

11

108.1

334.7

12

108.3

334.1

13

108.5

329.9

14

108.7

330.5

15

108.9

329.3

16

111.1

331.7

17

111.3

332.3

18

111.5

332.9

19

111.7

333.5

20

111.9

331.1

    (3) Where existing ILS localizers meeting national requirements are operating on frequencies ending in even tenths of a megahertz, they shall be reassigned frequencies, conforming with regulation 41 or subregulation (2) as soon as practicable and may continue operating on their present assignments only until this reassignment can be effected.

    (4) Existing ILS localizers in the international service operating on frequencies ending in odd tenths of a megahertz shall—

    (a)    not be assigned new frequencies ending in odd tenths plus one-twentieth of a megahertz; and

    (b)    where, by regional agreement, general use may be made of any of the channels listed in regulation 41 of the Civil Aviation (Radio Frequency Spectrum Utilisation) Regulations, 2020.

(d) VHF Marker Beacon (regs 42-48)

42.    VHF marker beacons

    (1) There shall be two marker beacons in each installation except where, in the opinion of the Authority, a single marker beacon is considered to be sufficient.

    (2) A third marker beacon may be added whenever, in the opinion of the Authority, an additional beacon is required because of operational procedures at a particular site.

    (3) A marker beacon shall conform to the requirements prescribed in regulations 15 to 19 of these Regulations.

    (4) Where the installation comprises only two marker beacon, the requirements applicable to the middle marker and to the outer marker shall be complied with.

    (5) Where the installation comprises only one marker beacon, the requirements applicable to either the middle or the outer marker shall be complied with and if marker beacons are replaced by DME, the requirements of regulation 47(10) shall apply.

    (6) The marker beacons shall produce radiation patterns to indicate predetermined distance from the threshold along the ILS glide path.

    (7) Where a marker beacon is used in conjunction with the back course of a localizer, it shall conform to the marker beacon characteristics specified in regulations 15 to 19 of these Regulations.

    (8) Identification signals of marker beacons used in conjunction with the back course of a localizer shall be clearly distinguishable from the inner, middle and outer marker beacon identifications, as prescribed in regulation 46.

43.    VHF marker radio frequency

    The marker beacons shall operate at 75 MHz with a frequency tolerance of plus or minus 0.005 per cent and shall utilise horizontal polarisation.

44.    VHF marker coverage

The marker beacon system shall be adjusted to provide coverage over the following distances, measured on the ILS glide path and localizer course line—

    (a)    inner marker: 150 m plus or minus 50 m (500 ft plus or minus 160 ft);

    (b)    middle marker: 300 m plus or minus 100 m (1 000 ft plus or minus 325 ft); and

    (c)    outer marker: 600 m plus or minus 200 m (2 000 ft plus or minus 650 ft).

45.    VHF marker modulation

    (1) The modulation frequencies shall be as follows—

    (a)    inner marker: 3 000 Hz;

    (b)    middle marker: 1 300 Hz; and

    (c)    outer marker: 400 Hz.

    (2) The frequency tolerance of the above frequencies shall be plus or minus 2.5 per cent, and the total harmonic content of each of the frequencies shall not exceed 15 per cent.

    (3) The depth of modulation of the markers shall be 95 per cent plus or minus 4 per cent.

46.    VHF marker identification

    A carrier energy shall not be interrupted and the audio frequency modulation shall be keyed as follows—

    (a)    inner marker: six dots per second continuously;

    (b)    middle marker: a continuous series of alternate dots and dashes, the dashes keyed at the rate of two dashes per second, and the dots at the rate of six dots per second; and

    (c)    outer marker: two dashes per second continuously.

These keying rates shall be maintained to within plus or minus 15 per cent.

47.    VHF marker siting

    (1) An inner marker shall be located so as to indicate in low visibility conditions the imminence of arrival at the runway threshold.

    (2) If the radiation pattern is vertical, the inner marker, when installed, shall be located between 75 m (250 ft) and 450 m (1 500 ft) from the threshold and at not more than 30 m (100 ft) from the extended centre line of the runway.

    (3) If the radiation pattern is other than vertical, the equipment shall be located so as to produce a field within the course sector and ILS glide path sector that is substantially similar to that produced by an antenna radiating a vertical pattern and located as prescribed in subregulation (2).

    (4) The middle marker shall be located so as to indicate the imminence, in low visibility conditions, of visual approach guidance.

    (5) Where the radiation pattern is vertical, the middle marker shall be located 1050 m (3 500 ft) plus or minus 150 m (500 ft), from the landing threshold at the approach end of the runway and at not more than 75 m (250 ft) from the extended centre line of the runway.

    (6) Where the radiation pattern is other than vertical, the equipment shall be located so as to produce a field within the course sector and ILS glide path sector that is substantially similar to that produced by an antenna radiating a vertical pattern and located as prescribed in subregulation (5).

    (7) The outer marker shall be located so as to provide height, distance and equipment functioning checks to aircraft on intermediate and final approach.

    (8) The outer marker shall be located 7.2 km (3.9 NM) from the threshold except that, where for topographical or operational reasons this distance is not practicable, the outer marker may be located between 6.5 and 11.1 km (3.5 and 6 NM) from the threshold.

    (9) Where the radiation pattern is vertical, the outer marker shall not be more than 75 m (250 ft) from the extended centre line of the runway.

    (10) Where the radiation pattern is not vertical, the equipment shall—

    (a)    be located so as to produce a field within the course sector; and

    (b)    shall have an ILS glide path sector that is substantially similar to that produced by an antenna radiating a vertical pattern.

    (11) The positions of marker beacons, or where applicable, the equivalent distance(s) indicated by the DME when used as an alternative to part or all of the marker beacon component of the ILS shall be published in accordance with the provisions of Civil Aviation (Aeronautical Information Services) Regulations, 2020.

    (12) When so used, the DME shall provide distance information operationally equivalent to that furnished by marker beacon(s).

    (13) When used as an alternative for the middle marker, the DME shall be frequency paired with the ILS localizer and sited so as to minimise the error in distance information.

    (14) The DME referred to in subregulation (10) shall conform to the specification in regulations 71 to 81.

48.    VHF marker monitoring

    (1) Suitable equipment shall provide signals for the operation of an automatic monitor and the monitor shall transmit a warning to a control point if either of the following conditions arise—

    (a)    failure of the modulation or keying; and

    (b)    reduction of power output to less than 50 per cent of normal.

    (2) For each marker beacon, suitable monitoring equipment shall be provided which will indicate at the appropriate location a decrease of the modulation depth below 50 per cent.

(e) Specification for Precision Approach Radar System (reg 49)

49.    Specification for precision approach radar system

    (1) The precision approach radar system shall comprise the following elements—

    (a)    the precision approach radar element (PAR); and

    (b)    the Surveillance Radar Element (SRE).

    (2) Where the PAR only is used, the installation shall be identified by the term PAR or precision approach radar and not by the term "precision approach radar system".

(f) The Precision Approach Radar Element (PAR) (regs 50-52)

50.    PAR coverage

    The PAR shall be capable of detecting and indicating the position of an aircraft of 15 m2 echoing area or larger, which is within a space bounded by a 20-degree azimuth sector and a 7-degree elevation sector, to a distance of at least 16.7 km (9 NM) from its respective antenna.

51.    PAR siting

    The PAR shall be sited and adjusted so that it gives complete coverage of a sector with its apex at a point 150 m (500 ft) from the touchdown in the direction of the stop end of the runway and extending plus or minus 5 degrees about the runway centre line in azimuth and from minus 1 degree to plus 6 degrees in elevation.

52.    PAR accuracy

    (1) Azimuth information shall be displayed in such a manner that—

    (a)    left-right deviation from the on-course line shall be easily observable;

    (b)    the maximum permissible error with respect to the deviation from the on-course line shall be either 0.6 per cent of the distance from the PAR antenna plus 10 per cent of the deviation from the on-course line or 9 m (30 ft), whichever is greater;

    (c)    the equipment shall be so sited that the error at the touchdown shall not exceed 9 m (30 ft) and the equipment shall be so aligned and adjusted that the displayed error at the touchdown shall be a minimum and shall not exceed 0.3 per cent of the distance from the PAR antenna or 4.5 m (15 ft), whichever is greater; and

    (d)    it shall be possible to resolve the positions of two aircraft which are at 1.2 degrees in azimuth of one another.

    (2) Elevation information shall be displayed in such a manner that—

    (a)    up-down deviation from the descent path for which the equipment is set shall be easily observable;

    (b)    the maximum permissible error with respect to the deviation from the on-course line shall be 0.4 per cent of the distance from the PAR antenna plus 10 per cent of the actual linear displacement from the chosen descent path or 6 m (20 ft), whichever is greater;

    (c)    the equipment shall be so sited that the error at the touchdown shall not exceed 6 m (20 ft) and the equipment shall be so aligned and adjusted that the displayed error at the touchdown shall be a minimum and shall not exceed 0.2 per cent of the distance from the PAR antenna or 3 m (10 ft), whichever is greater; and

    (d)    it shall be possible to resolve the positions of two aircraft that are at 0.6 degree in elevation of one another.

    (3) The error in indication of the distance from the touchdown shall—

    (a)    not exceed 30 m (100 ft) plus three per cent of the distance from the touchdown; and

    (b)    be possible to resolve the positions of two aircraft which are at 120 m (400 ft) of one another on the same azimuth.

    (4) Information shall—

    (a)    be made available to permit the position of the controlled aircraft to be established with respect to other aircraft and obstructions;

    (b)    also permit appreciation of ground speed and rate of departure from or approach to the desired flight path; and

    (c)    be completely renewed at least once every second.

(g) The Surveillance Radar Element (SRE) (regs 53-55)

53.    The Surveillance Radar Element (SRE)

    A surveillance radar used as the SRE of a precision approach radar system shall satisfy at least the following broad performance requirements.

54.    SRE coverage

    (1) The SRE shall be capable of detecting aircraft of 15m2 echoing area and larger, which are in line of sight of the antenna within a volume described as follows—

    The rotation through 360 degrees about the antenna of a vertical plane surface bounded by a line at an angle of 0.5 degrees above the horizontal plane of the antenna, extending from the antenna to 46.3 km (25 NM)—

    (a)    by a vertical line at 46.3 km (25 NM) from the intersection with the 0.5-degree line up to 3 000 m (10 000 ft) above the level of the antenna;

    (b)    by a horizontal line at 3 000 m (10 000 ft) from 46.3 km (25 NM) back towards the antenna to the intersection with a line from the antenna at 20 degrees above the horizontal plane of the antenna; and

    (c)    and by a 30-degree line from the intersection with the 3 000 m (10 000 ft) line to the antenna.

55.    SRE accuracy

    (1) The indication of position in azimuth shall—

    (a)    be within plus or minus two degrees of the true position; and

    (b)    be possible to resolve the positions of two aircraft which are at four degrees of azimuth of one another.

    (2) The error in distance indication shall—

    (a)    not exceed five per cent of true distance or 150 m (500 ft), whichever is the greater; and

    (b)    shall be possible to resolve the positions of two aircraft that are separated by a distance of one per cent of the true distance from the point of observation or 230 m (750 ft), whichever is the greater.

    (3) The error in distance indication shall not exceed three per cent of the true distance or 150 m (500 ft), whichever is the greater.

    (4) The equipment shall be capable of completely renewing the information concerning the distance and azimuth of any aircraft within the coverage of the equipment at least once every four seconds.

    (5) Efforts shall be made to reduce, as far as possible, the disturbance caused by ground echoes or echoes from clouds and precipitation.

(h) Specification for VHF Omnidirectional Radio Range (VOR) (regs 56-63)

56.    VHF omnidirectional radio range (VOR)

    (1) The VOR shall—

    (a)    be constructed and adjusted so that similar instrumental indications in aircraft represent equal clockwise angular deviations (bearings), degree for degree from magnetic North as measured from the location of the VOR; and

    (b)    radiate a radio frequency carrier with which are associated two separate 30 Hz modulations.

    (2) Subject to subregulation (1)—

    (a)    these modulations shall be such that its phase is independent of the azimuth of the point of observation (reference phase); and

    (b)    the other modulation (variable phase) shall be such that its phase at the point of observation differs from that of the reference phase by an angle equal to the bearing of the point of observation with respect to the VOR.

57.    VOR radio frequency

    (1) The VOR shall—

    (a)    operate in the band 111.975 MHz to 117.975 MHz; and

    (b)    operate in frequencies in the band 108 MHz to 111.975 MHz in accordance with the provisions of the Civil Aviation (Radio Frequency Spectrum Utilisation) Regulations, regulations 35 and 36(4).

    (2) The highest assignable frequency shall—

    (a)    be 117.950 MHz and the channel separation shall be in increments of 50 kHz referred to the highest assignable frequency; and

    (b)    in areas where 100 kHz or 200 kHz channel spacing is in general use, the frequency tolerance of the radio frequency carrier shall be plus or minus 0.005 per cent.

    (3) The frequency tolerance of the radio frequency carrier of all new installations implemented after 23 May 1974 in areas where 50 kHz channel spacing is in use, shall be plus or minus 0.002 per cent.

    (4) In areas where new VOR installations are implemented and are assigned frequencies spaced at 50 kHz from existing VORs in the same area, priority shall be given to ensuring that the frequency tolerance of the radio frequency carrier of the existing VORs is reduced to plus or minus 0.002 per cent.

58.    VOR polarisation and pattern accuracy

    (1) The emission from the VOR shall—

    (a)    be horizontally polarised; and

    (b)    the vertically polarised component of the radiation shall be as small as possible.

    (2) The ground station contribution to the error in the bearing information conveyed by the horizontally polarised radiation from the VOR for all elevation angles between 0 and 40 degrees, measured from the centre of the VOR antenna system, shall be within plus or minus 2 degrees.

59.    VOR coverage

    (1) The VOR shall provide signals such as to permit satisfactory operation of a typical aircraft installation at the levels and distances required for operational reasons, and up to an elevation angle of 40 degrees.

    (2) The field strength or power density in space of VOR signals required to permit satisfactory operation of a typical aircraft installation at the minimum service level at the maximum specified service radius shall be 90 microvolts per metre or minus 107 dBW/m2.

60.    VOR modulations of navigation signals

    (1) The radio frequency carrier as observed at any point in space shall be amplitude modulated by two signals as follows—

    (a)    subcarrier of 9 960 Hz of constant amplitude, frequency modulated at 30 Hz—

        (i)    for the conventional VOR, the 30 Hz component of this FM subcarrier is fixed without respect to azimuth and is termed the "reference phase" and shall have a deviation ratio of 16 plus or minus 1, and

        (ii)    for the Doppler VOR, the phase of the 30 Hz component varies with azimuth and is termed the "variable phase" and shall have a deviation ratio of 16 plus or minus 1 when observed at any angle of elevation up to 5 degrees, with a minimum deviation ratio of 11 when observed at any angle of elevation above 5 degrees and up to 40 degrees; and

    (b)    a 30 Hz amplitude modulation component—

        (i)    for the conventional VOR, this component results from a rotating field pattern, the phase of which varies with azimuth, and is termed the "variable phase", and

        (ii)    for the Doppler VOR, this component, of constant phase with relation to azimuth and constant amplitude, is radiated omnidirectionally and is termed the "reference phase".

    (2) The nominal depth of modulation of the radio frequency carrier due to the 30 Hz signal or the subcarrier of 9 960 Hz shall be within the limits of 28 per cent and 32 per cent.

    (3) The depth of modulation of the radio frequency carrier due to the 30 Hz signal, as observed at any angle of elevation up to five degrees, shall be within the limits of 25 to 35 per cent.

    (4) The depth of modulation of the radio frequency carrier due to the 9 960 Hz signal, as observed at any angle of elevation up to five degrees, shall be within the limits of 20 to 55 per cent on facilities without voice modulation, and within the limits of 20 to 35 per cent on facilities with voice modulation.

    (5) The variable and reference phase modulation frequencies shall be 30 Hz within plus or minus one per cent.

    (6) The subcarrier modulation mid-frequency shall be 9 960 Hz within plus or minus one per cent.

    (7) Percentage of amplitude modulation for the—

    (a)    the conventional VOR, the percentage of amplitude modulation of the 9 960 Hz subcarrier shall not exceed five per cent;

    (b)    Doppler VOR, the percentage of amplitude modulation of the 9960 Hz subcarrier shall not exceed 40 per cent when measured at a point at least 300 m (1 000 ft) from the VOR.

<NT:2.34375,1.5625,Noteincomplete     (8) Where 50 kHz VOR channel spacing is implemented, the sideband level of the harmonics of the 9 960 Hz component in the radiated signal shall not exceed the following levels referred to the level of the 9 960 Hz sideband—

61.    VOR voice and identification

    (1) Where the VOR provides a simultaneous communication channel ground-to-air, it shall be on the same radio frequency carrier as used for the navigational function.

    (2) The radiation on the simultaneous communications channel shall be horizontally polarised.

    (3) The peak modulation depth of the carrier on the simultaneous communication channel shall not be greater than 30 per cent.

    (4) The audio frequency characteristics of the speech channel shall be within 3 dB relative to the level at 1000 Hz over the range 300 Hz to 3000 Hz.

    (5) The VOR shall provide for the simultaneous transmission of a signal of identification on the same radio frequency carrier as that used for the navigational function.

    (6) The identification signal radiation shall—

    (a)    be horizontally polarised; and

    (b)    the identification signal shall employ the International Morse Code and consist of two or three letters and shall be sent at a speed corresponding to approximately seven words per minute.

    (7) The identification signal shall be repeated at least once every 30 seconds and the modulation tone shall be 1020 Hz within plus or minus 50 Hz.

    (8) The identification signal shall be transmitted at least three times each 30 seconds, spaced equally within that time period.

    (9) One of these identification signals may take the form of a voice identification.

    (10) The depth to which the radio frequency carrier is modulated by the code identification signal shall be close to, but not in excess of 10 per cent:

    Provided that, where a communication channel is not provided, it shall be permissible to increase the modulation by the code identification signal to a value not exceeding 20 per cent.

    (11) Where the VOR provides a simultaneous communication channel ground-to-air, the modulation depth of the code identification signal shall be five plus or minus one per cent in order to provide a satisfactory voice quality.

    (12) The transmission of speech shall—

    (a)    not interfere in any way with the basic navigational function; and

    (b)    when speech is being radiated, the code identification shall not be suppressed.

    (13) The VOR receiving function shall permit positive identification of the wanted signal under the signal conditions encountered within the specified coverage limits, and with the modulation parameters specified at subregulations (5), (6) and (7).

62.    VOR monitoring

    (1) Suitable equipment located in the radiation field shall provide signals for the operation of an automatic monitor.

    (2) The monitor shall transmit a warning to a control point, and either remove the identification and navigation components from the carrier or cause radiation to cease if any one or a combination of the following deviations from established conditions arises—

    (a)    change in excess of one degree at the monitor site of the bearing information transmitted by the VOR; and

    (b)    a reduction of 15 per cent in the modulation components of the radio frequency signals voltage level at the monitor of either the subcarrier, or 30 Hz amplitude modulation signals, or both.

    (3) Failure of the monitor itself shall transmit a warning to a control point and either—

    (a)    remove the identification and navigation components from the carrier; or

    (b)    cause radiation to cease.

63.    Interference immunity performance for VOR receiving systems

    (1) The VOR receiving system shall provide adequate immunity to interference from two signal, third-order intermodulation products caused by VHF FM broadcast signals having levels in accordance with the following—

 

    for VHF FM sound broadcasting signals below 107.7 MHz.

    (2) Where the frequencies of the two VHF FM sound broadcasting signals produce, within the receiver, a two signal, third-order intermodulation product on the desired VOR frequency.

    (3) N2 are the levels (dBm) of the two VHF FM sound broadcasting signals at the VOR receiver input and neither level shall exceed the desensitisation criteria set forth in subregulation (2).

    (4) <BK:"Bookmark 1"Df = 108.1 - f1, where f1 is the frequency of N1, the VHF FM sound broadcasting signal closer to 108.1 MHz.

    (5) The VOR receiving system shall not be desensitised in the presence of VHF FM broadcast signals having levels in accordance with the following table—

Frequency (MHz)

Maximum level of unwanted
signal at receiver input
(dBm)88-102+15104+10106+5107.9–10

 

(i) Specification for Non-directional Radio Beacon (NDB) (regs 64-70)

64.    NDB coverage

    (1) The minimum value of field strength in the rated coverage of an NDB shall be 70 microvolts per metre.

    (2) All notifications or promulgations of NDBs shall be based upon the average radius of the rated coverage.

    (3) Where the rated coverage of an NDB is materially different in various operationally significant sectors, its classification shall be expressed in terms of the average radius of rated coverage and the angular limits of each sector as follows—

    (a)    radius of coverage of sector/angular limits of sector expressed as magnetic bearing clockwise from the beacon; and

    (b)    where it is desirable to classify an NDB in such a manner, the number of sectors shall be kept to a minimum and preferably shall not exceed two.

65.    NDB limitations in radiated power

    The power radiated from an NDB shall not exceed by more than 2 dB than necessary to achieve its agreed rated coverage, except that this power may be increased if co-ordinated regionally or if no harmful interference to other facilities will result.

66.    NDB radio frequencies

    (1) The radio frequencies assigned to NDBs shall be selected from those available in that portion of the spectrum between 190 kHz and 1 750 kHz.

    (2) The frequency tolerance applicable to NDBs shall be 0.01 per cent except that, for NDBs of antenna power above 200 W using frequencies of 1 606.5 kHz and above, the tolerance shall be 0.005 per cent.

    (3) Where two locators are used as supplements to an ILS, the frequency separation between the carriers of the two shall be not less than 15 kHz to ensure correct operation of the radio compass, and preferably not more than 25 kHz in order to permit a quick tuning shift in cases where an aircraft has only one radio compass.

    (4) Where locators associated with ILS facilities serving opposite ends of a single runway are assigned a common frequency, provision shall be made to ensure that the facility not in operational use cannot radiate.

67.    NDB identification

    (1) Each NDB shall be individually identified by a two or three letter International Morse Code group transmitted at a rate corresponding to approximately seven words per minute.

    (2) The complete identification shall be transmitted at least once every 30 or so seconds.

    (3) Where the beacon is effected by on and off keying of the carrier the identification shall—

    (a)    be at approximately one minute intervals; or

    (b)    except that a shorter interval may be used at particular NDB stations where this is found to be operationally desirable; and

    (c)    except for those cases where the beacon identification is effected by on/off keying of the carrier, the identification signal shall be transmitted at least three times each 30 seconds, spaced equally within that time period.

    (4) —

    (1)    For NDBs with an average radius of rated coverage of 92.7 km (50 NM) or less that are primarily approaches and holding aids in the vicinity of an aerodrome.

    (2)    The identification shall—

        (a)    be transmitted at least three times each 30 seconds; and

        (b)    spaced equally within that time period.

    (5) The frequency of the modulating tone used for identification shall be 1020 Hz plus or minus 50 Hz or 400 Hz plus or minus 25 Hz.

68.    NDB characteristics of emissions

    (1) Except as provided in subregulation (2), all NDBs shall radiate an uninterrupted carrier and be identified by on/off keying of an amplitude modulating tone (NON/A2A).

    (2) NDBs other than those wholly or partly serving as holding, approach and landing aids, or those having an average radius of rated coverage of less than 92.7 km (50 NM), may be identified by on and off keying of the unmodulated carrier (NON/A1A) if they are in areas of high beacon density or where the required rated coverage is not practicable of achievement because of—

    (a)    radio interference from radio stations;

    (b)    high atmospheric noise; and

    (c)    local conditions.

    (3) For each NDB identified by on/off keying of an audio modulating tone, the depth of modulation shall be maintained as near to 95 per cent as practicable.

    (4) For each NDB identified by on/off keying of an audio modulating tone, the characteristics of emission during identification shall be such as to ensure satisfactory identification at the limit of its rated coverage.

    (5) The carrier power of an NDB with NON/A2A emissions shall not fall when the identity signal is being radiated except that, in the case of an NDB having an average radius of rated coverage exceeding 92.7 km (50 NM), a fall of not more than 1.5 dB may be accepted.

    (6) Unwanted audio frequency modulations shall total less than five per cent of the amplitude of the carrier.

    (7) The bandwidth of emissions and the level of spurious emissions shall be kept at the lowest value that the state of technique and the nature of the service permit.

69.    NDB siting of locators

    (1) Where locators are used as a supplement to the ILS, they shall—

    (a)    be located at the sites of the outer and middle marker beacons; and

    (b)    where only one locator is used as a supplement to the ILS, preference shall be given to location at the site of the outer marker beacon.

    (2) Where locators are employed as an aid to final approach in the absence of an ILS, equivalent locations to those applying when an ILS is installed shall be selected, taking into account the relevant obstacle clearance provisions of the PANS-OPS (ICAO Doc 8168 – Aircraft Operations).

    (3) Where locators are installed at both the middle and outer marker positions, they shall be located, where practicable, on the same side of the extended centre line of the runway in order to provide a track between the locators which will be more nearly parallel to the centre line of the runway.

70.    NDB monitoring

    (1) For each NDB, suitable means shall be provided to enable detection of any of the following conditions at an appropriate location—

    (a)    a decrease in radiated carrier power of more than 50 per cent below that required for the rated coverage;

    (b)    failure to transmit the identification signal; and

    (c)    malfunctioning or failure of the means of monitoring itself.

    (2) Where—

    (a)    an NDB is operated from a power source having a frequency which is close to airborne ADF equipment switching frequencies; and

    (b)    the design of the NDB is such that the power supply frequency is likely to appear as a modulation product on the emission.

    (3) Subject to subregulation (2) the means of monitoring shall be capable of detecting such power supply modulation on the carrier in excess of five per cent.

    (4) During the hours of service of a locator, the means of monitoring shall provide for a continuous check on the functioning of the locator as prescribed in subregulation (1).

    (5) During the hours of service of an NDB other than a locator, the means of monitoring shall provide for a continuous check on the functioning of the NDB as prescribed in subregulation (1).

(j) Specification for UHF Distance Measuring Equipment (DME) (regs 71-81)

71.    UHF distance measuring equipment

    (1) The DME system shall provide for continuous and accurate indication in the cockpit of the slant range distance of an equipped aircraft from an equipped ground reference point.

    (2) The system shall comprise two basic components, one fitted in the aircraft and the other installed on the ground.

    (3) The aircraft component shall be referred to as the interrogator and the ground component as the transponder.

    (4) In operation, interrogators shall interrogate transponders which shall, in turn, transmit to the interrogator replies synchronised with the interrogations, thus providing means for accurate measurement of distance.

    (5) When a DME is associated with an ILS or VOR for the purpose of constituting a single facility, they shall—

    (a)    be operated on a standard frequency pairing in accordance with regulation 78(3);

    (b)    be collocated within the limits prescribed for associated facilities in subregulation (5) and (6); and

    (c)    comply with the identification provisions of regulation 81(4).

    (6) Associated VOR and DME facilities shall be collocated in accordance with the following—

    (a)    for those facilities used in terminal areas for approach purposes or other procedures where the highest position fixing accuracy of system capability is required, the separation of the VOR and DME antennas does not exceed 80 m (260 ft); and

    (b)    for purposes other than those indicated in (a), the separation of the VOR and DME antennas does not exceed 600 m (2 000 ft).

72.    Association of DME with ILS

    The association of DME with ILS shall be in accordance with the guidelines set out in ICAO Annex 10, Volume 1, Attachment C, section 2.11.

73.    UHF DME performance

    The system shall provide a means of measurement of slant range distance from an aircraft to a selected transponder to the limit of coverage prescribed by the operational requirements for the selected transponder.

74.    UHF DME coverage

    (1) When associated with a VOR, DME/N coverage shall be at least that of the VOR to the extent practicable.

    (2) When associated with an ILS, DME/N coverage shall be at least that of the respective ILS guidance coverage sectors.

75.    UHF DME accuracy

    (1) The accuracy standards specified in regulations 97 and 110 shall be met on a 95 per cent probability basis.

    (2) The path following error (PFE) shall be comprised of those frequency components of the DME/P error at the output of the interrogator which lie below 1.5 rad/s.

    (3) The control motion noise (CMN) shall be comprised of those frequency components of the DME/P error at the output of the interrogator which lie between 0.5 rad/s and 10 rad/s.

    (4) Errors on the extended runway centre line shall not exceed the values given in Table B under Schedule 2.

76.    UHF DME radio frequencies and polarisation

    The system shall operate with vertical polarisation in the frequency band 960 MHz to 1 215 MHz and the interrogation and reply frequencies shall be assigned with 1 MHz spacing between channels.

77.    UHF DME channelling

    (1) DME operating channels shall be formed by pairing interrogation and reply frequencies and by pulse coding on the paired frequencies.

    (2) DME operating channels shall be chosen from Table A under Schedule 2 of 352 channels in which the channel numbers, frequencies, and pulse codes are assigned.

    (3) Where a DME transponder is intended to operate in association with a single VHF navigation facility in the 108 MHz to 117.95 MHz frequency band, the DME operating channel shall be paired with the VHF channel as given in Table A order Schedule 2.

78.    UHF DME interrogation pulse repetition frequency

    (1) The interrogator average pulse repetition frequency (PRF) shall not exceed 30 pairs of pulses per second, based on the assumption that at least 95 per cent of the time is occupied for tracking.

    (2) If it is desired to decrease the time of search, the PRF may be increased during search but shall not exceed 150 pairs of pulses per second.

    (3) After 15 000 pairs of pulses have been transmitted without acquiring indication of distance, the PRF shall not exceed 60 pairs of pulses per second thereafter, until a change in operating channel is made or a successful search is completed.

    (4) Where, after a time period of 30 seconds, tracking has not been established, the pulse pair repetition frequency shall not exceed 30 pulse pairs per second thereafter.

79.    UHF DME aircraft handling capacity of system

    (1) The aircraft handling capacity of transponders in an area shall be adequate for the peak traffic of the area or 100 aircraft, whichever is the lesser.

    (2) Where the peak traffic in an area exceeds 100 aircraft, the transponder shall be capable of handling that peak traffic.

80.    UHF DME transponder identification

    (1) A transponder shall transmit an identification signal in one of the following forms as required by regulation 82—

    (a)    an "independent" identification consisting of coded (International Morse Code) identity pulses which can be used with all transponders; and

    (b)    an "associated" signal which can be used for transponders specifically associated with a VHF navigation facility which itself transmits an identification signal.

    (2) Both systems of identification shall use signals, which shall consist of the transmission for an appropriate period of a series of paired pulses transmitted at a repetition rate of 1 350 pulse pairs per second, and shall temporarily replace all reply pulses that would normally occur at that time, except as in paragraph (b).

    (3) The pulse referred to under subregulation (2), shall have similar characteristics to the other pulses of the reply signals in the following manner—

    (a)    reply pulses shall be transmitted between key down times; and

    (b)    if it is desired to preserve a constant duty cycle, an equalising pair of pulses, having the same characteristics as the identification pulse pairs, shall be transmitted 100 microseconds plus or minus 10 microseconds after each identity pair.

    (4) The characteristics of the "independent" identification signal shall be as follows—

    (a)    the identity signal shall consist of the transmission of the beacon code in the form of dots and dashes (International Morse Code) of identity pulses at least once every 40 seconds, at a rate of at least 6 words per minute;

    (b)    the identification code characteristic and letter rate for the DME transponder shall conform to the following to ensure that the maximum total key down time does not exceed six seconds per identification code group;

    (c)    the dots shall be a time duration of 0.1 second to 0.160 second. The dashes shall be typically three times the duration of the dots and the duration between dots and/or dashes shall be equal to that of one dot plus or minus 10 per cent; and

    (d)    the time duration between letters or numerals shall not be less than three dots and the total period for transmission of an identification code group shall not exceed 10 seconds.

    (5) The characteristics of the "associated" signal shall be as follows—

    (a)    where associated with a VHF facility, the identification shall be transmitted in the form of dots and dashes (International Morse Code) as in subregulation (3) and shall be synchronised with the VHF facility identification code; and

    (b)    each 40-second interval shall be divided into four or more equal periods, with the transponder identification transmitted during one period only and the associated VHF facility identification, where these are provided, transmitted during the remaining periods.

81.    UHF DME identification implementation

    (1) The "independent" identification code shall be employed wherever a transponder is not specifically associated with a VHF navigational facility.

    (2) Wherever a transponder is specifically associated with a VHF navigational facility, identification shall be provided by the "associated" code.

    (3) Where voice communications are being radiated on an associated VHF navigational facility, an "associated" signal from the transponder shall not be suppressed.

(k) Characteristics of Transponder and Associated Monitor (regs 82-98)

82.    DME transponder transmission component

    (1) The transponder shall transmit on the reply frequency appropriate to the assigned DME channel.

    (2) The radio frequency of operation shall not vary more than plus or minus 0.002 per cent from the assigned frequency.

    (3) The following shall apply to all radiated pulses—

    (a)    pulse rise time shall not exceed three microseconds;

    (b)    pulse duration shall be 3.5 microseconds plus or minus 0.5 microsecond;

    (c)    pulse decay time shall nominally be 2.5 microseconds but shall not exceed 3.5 microseconds;

    (d)    the instantaneous amplitude of the pulse shall not, at any instant between the point of the leading edge which is 95 per cent of maximum amplitude and the point of the trailing edge which is 95 per cent of the maximum amplitude, fall below a value which is 95 per cent of the maximum voltage amplitude of the pulse;

    (e)    the spectrum of the pulse modulated signal shall be such that during the pulse the EIRP contained in a 0.5 MHz band centred on frequencies 0.8 MHz above and 0.8 MHz;

    (f)    below the nominal channel frequency in each case shall not exceed 200 mW, and the EIRP contained in a 0.5 MHz band centred on frequencies 2 MHz above and 2 MHz;

    (g)    below the nominal channel frequency in each case shall not exceed 2 mW. The EIRP contained within any 0.5 MHz band shall decrease monotonically as the band centre frequency moves away from the nominal channel frequency;

    (h)    to ensure proper operation of the thresholding techniques, the instantaneous magnitude of any pulse turn-on transients which occur in time prior to the virtual origin shall be less than one per cent of the pulse peak amplitude; and

    (i)    initiation of the turn-on process shall not commence sooner than one microsecond prior to the virtual origin.

83.    DME transponder pulse spacing

    (1) The spacing of the constituent pulses of transmitted pulse pairs shall be as given in the table in regulation 96.

    (2) The tolerance on the pulse spacing shall be plus or minus 0.25 microsecond.

    (3) The tolerance on the DME/N pulse spacing shall be plus or minus 0.10 microsecond.

    (4) The pulse spacings shall be measured between the half voltage points on the leading edges of the pulses.

84.    DME transponder peak power output

    (1) The peak EIRP shall not be less than that required to ensure a peak pulse power density of approximately minus 83 dBW/m2 at the maximum specified range and level.

    (2) The peak equivalent isotropically radiated power shall not be less than that required to ensure a peak pulse power density of minus 89 dBW/m2 under all operational weather conditions at any point within coverage specified in regulation 75.

    (3) The peak power of the constituent pulses of any pair of pulses shall not differ by more than 1 dB.

    (4) The reply capability of the transmitter shall be such that the transponder shall be capable of continuous operation at a transmission rate of 2 700 plus or minus 90 pulse pairs per second (if 100 aircraft are to be served).

    (5) The transmitter shall operate at a transmission rate, including randomly distributed pulse pairs and distance reply pulse pairs, of not less than 700 pulse pairs per second except during identity.

    (6) The minimum transmission rate shall be as close as practicable to 700 pulse pairs per second and for DME/P, in no case shall it exceed 1 200 pulse pairs per second.

    (7) —

    (1)    During intervals between transmission of individual pulses the spurious power received and measured in a receiver shall have the same characteristics as a transponder receiver.

    (2)    When tuned to any DME, interrogation or reply frequency, shall—

        (a)    be more than 50 dB below the peak pulse power received and measured in the same receiver tuned to the reply frequency in use during the transmission of the required pulses; and

        (b)    this provision refers to all spurious transmissions, including modulator and electrical interference.

    (8) The spurious power level specified in subregulation (6) shall be more than 80 dB below the peak pulse power level.

    (9) The spurious output of the DME transponder transmitter shall not exceed minus 40 dBm in any of kHz receiver bandwidth at all frequencies from 10 to 1500 MHz, but band of frequencies from 960 to 1245 MHz.

    (10) The equivalent isotropically radiated power of any CW harmonic of the carrier frequency on any DME operating channel shall not exceed minus 10 dBm.

85.    DME transponder receiver

    (1) The receiver centre frequency shall be the interrogation frequency appropriate to the assigned DME operating channel.

    (2) The centre frequency of the receiver shall not vary more than plus or minus 0.002 per cent from the assigned frequency.

86.    DME transponder sensitivity

    (1) In the absence of all interrogation pulse pairs, with the exception of those necessary to perform the sensitivity measurement, interrogation pulse pairs with the correct spacing and nominal frequency shall trigger the transponder if the peak power density at the transponder antenna is at least—

    (a)    minus 103 dBW/m2 for DME/N with coverage range greater than 56 km (30 NM); and

    (b)    minus 93 dBW/m2 for DME/N with coverage range not greater than 56 km (30 NM).

    (2) The minimum power densities specified in subregulation (1) shall cause the transponder to reply with an efficiency of at least—

    (a)    70 per cent for DME/N;

    (b)    70 per cent for DME/PIA mode; and

    (c)    80 per cent for DME/P FA mode.

    (3) The performance of the transponder shall be maintained when the power density of the interrogation signal at the transponder antenna has any value between the minimum specified in subregulation (1) up to a maximum of minus 22 dBW/m2 when installed with ILS and minus 35 dBW/m2 when installed for other applications.

    (4) The transponder sensitivity level shall not vary by more than 1 dB for transponder loadings between 0 and 90 per cent of its maximum transmission rate.

    (5) When the spacing of an interrogator pulse pair varies from the nominal value by up to plus or minus one microsecond, the receiver sensitivity shall not be reduced by more than 1 dB.

87.    DME transponder load limiting

    When transponder loading exceeds 90 per cent of the maximum transmission rate, the receiver sensitivity shall be automatically reduced in order to limit the transponder replies, so as to ensure that the maximum permissible transmission rate is not exceeded. (The available range of sensitivity reduction shall be at least 50 dB.)

88.    DME transponder noise

    When the receiver is interrogated at the power densities specified in regulation 87 to produce a transmission rate equal to 90 per cent of the maximum, the noise generated pulse pairs shall not exceed 5 per cent of the maximum transmission rate.

89.    DME transponder bandwidth

    (1) The minimum permissible bandwidth of the receiver shall be such that the transponder sensitivity level shall not deteriorate by more than 3 dB when the total receiver drift is added to an incoming interrogation frequency drift of plus or minus 100 kHz.

    (2) The receiver bandwidth shall be sufficient to allow compliance with regulation 76 when the input signals are those specified in regulation 100(3).

    (3) Signals greater than 900 kHz removed from the desired channel nominal frequency and having power densities up to the values specified in regulation 87(3) DME/N shall not trigger the transponder. Signals arriving at the intermediate frequency shall be suppressed at least 80 dB. All other spurious response or signals within the 960 MHz to 1 215 MHz band and image frequencies shall be suppressed at least 75 dB.

90.    DME transponder recovery time

    (1) Within eight microseconds of the reception of a signal between 0 dB and 60 dB above minimum sensitivity level, the minimum sensitivity level of the transponder to a desired signal shall be within 3 dB of the value obtained in the absence of signals.

    (2) The minimum sensitivity level referred to in under subregulation (1) shall be met with echo suppression circuits, if any, rendered inoperative.

    (3) The eight microseconds are to be measured between the half voltage points on the leading edges of the two signals, both of which conform in shape, with the specifications in regulation 100(3).

91.    DME transponder spurious radiations

    Radiation from any part of the receiver or allied circuits shall meet the requirements stated in regulation 85(6).

92.    DME transponder CW and echo suppression

    Carrier wave (CW) and echo suppression shall be adequate for the sites at which the transponders will be used.

93.    DME transponder protection against interference

    Protection against interference outside the DME frequency band shall be adequate for the sites at which the transponders will be used.

94.    DME transponder decoding

    (1) The transponder shall include a decoding circuit such that the transponder can be triggered only by pairs of received pulses having pulse duration and pulse spacings appropriate to interrogator signals as described in regulations 100(3) and 101(1).

    (2) The decoding circuit performance shall not be affected by signals arriving before, between, or after, the constituent pulses of a pair of the correct spacing.

    (3) An interrogation pulse pair with a spacing of plus or minus two microseconds, or more, from the nominal value and with any signal level up to the value specified in regulation 87(3) shall not exceed the transmission rate, does not exceed the value obtained when interrogations are absent.

95.    DME transponder time delay

    (1) Where a DME is associated only with a VHF facility, the time delay shall—

    (a)    be the interval from the half voltage point on the leading edge of the second constituent pulse of the interrogation pair and the half voltage point on the leading edge of the second constituent pulse of the reply transmission; and

    (b)    this delay shall be consistent with the following table, when it is desired that aircraft interrogators are to indicate the distance from the transponder site.

    Pulse pair
sparing (µs)

Time delay (µs)

Channel suffixOperating modeInterrogationReply1st pulse timing2nd pulse timingXDME/N12125050
DME/P IA M121250–
DME/P FA M181256–YDME/N36305650
DME/P IA M363056–
DME/P FA M423062–WDME/N––––
DME/P IA M242450–
DME/P FA M302456–ZDME/N––––
DME/P IA M211556–
DME/P FA M271562–

    (2) Where a DME is associated with an angle facility, the time delay shall—

    (a)    be the interval from the half voltage point on the leading edge of the first constituent pulse of the interrogation pair; and

    (b)    the half voltage point on the leading edge of the first constituent pulse of the reply transmission.

    (3) This delay shall—

    (a)    be 50 microseconds for mode X channels; and

    (b)    be 56 microseconds for mode Y channels, when it is desired that aircraft interrogators are to indicate distance from the transponder site.

    (4) The transponder time delay shall—

    (a)    be capable of being set to an appropriate value between the nominal value of the time delay minus 15 microseconds; and

    (b)    the nominal value of the time delay, to permit aircraft interrogators to indicate zero distance at a specific point remote from the transponder site.

    (5) The time delay shall—

    (a)    be the interval from the half voltage point on the leading edge of the first constituent pulse of the interrogation pair; and

    (b)    be the half voltage point on the leading edge of the first constituent pulse of the reply transmission.

96.    DME transponder accuracy

    (1) The transponder shall not contribute more than plus or minus one microsecond (150 m (500 ft)) to the overall system error.

    (2) The contribution to the total system error due to the combination of the transponder errors, transponder location co-ordinate errors, propagation effects and random pulse interference effects shall be not greater than plus or minus 340 m (0.183 NM) plus 1.25 per cent of distance measure.

    (3) The combination of the transponder errors, transponder location co-ordinate errors, propagation effects and random pulse interference effects shall not contribute more than plus or minus 185 m (0.1 NM) to the overall system error.

    (4) A transponder associated with a landing aid shall not contribute more than plus or minus 0.5 microsecond (75 m (250 ft)) to the overall system error.

97.    DME transponder efficiency

    (1) The transponder reply efficiency shall be at least 70 per cent for DME/N at all values of transponder loading up to the loading corresponding to regulation 80 and at the minimum sensitivity level specified in regulation 87(1) and (4).

    (2) The transponder shall be rendered inoperative for a period normally not to exceed 60 microseconds after a valid interrogation decode has occurred and in extreme cases when the geographical site of the transponder is such as to produce undesirable reflection problems, the dead time may be increased but only by the minimum amount necessary to allow the suppression of echoes for DME/N.

98.    DME transponder monitoring and control

    (1) Means shall be provided at each transponder site for the automatic monitoring and control of the transponder in use.

    (2) In the event that any of the conditions specified in subregulation (3) occur, the monitor shall cause the following action to take place—

    (a)    a suitable indication shall be given at a control point;

    (b)    the operating transponder shall be automatically switched off; and

    (c)    the standby transponder, if provided, shall be automatically placed in operation.

    (3) The monitor shall cause the actions specified in subregulation (2) if—

    (a)    the transponder delay differs from the assigned value by one microsecond (150 m (500 ft)) or more; and

    (b)    in the case of a DME/N associated with a landing aid, the transponder delay differs from the assigned value by 0.5 microsecond (75 m (250 ft)) or more.

    (4) The monitor shall cause the actions specified in subregulation (2) if the spacing between the first and second pulse of the transponder pulse pair differs from the nominal value specified in the table specified in regulation 96 by one microsecond or more.

    (5) The monitor shall also cause a suitable indication to be given at a control point if any of the following conditions arise—

    (a)    a fall of 3 dB or more in transponder transmitted power output;

    (b)    a fall of 6 dB or more in the minimum transponder receiver sensitivity (provided that this is not due to the action of the receiver automatic gain reduction circuits);

    (c)    the spacing between the first and second pulse of the transponder reply pulse pair differs from the normal value specified in regulation 84 by one microsecond or more; and

    (d)    variation of the transponder receiver and transmitter frequencies beyond the control range of the reference circuits (if the operating frequencies are not directly crystal controlled).

    (6) —

    (1)    Means shall be provided so that any of the conditions and malfunctioning enumerated in regulations 99(3), 99(4) and 99(5) which are monitored shall persist for a certain period before the monitor takes action.

    (2)    This period shall be as low as practicable, but shall not exceed 10 seconds, consistent with the need for avoiding interruption, due to transient effects, of the service provided by the transponder.

    (7) The transponder shall not be triggered more than 120 times per second for either monitoring or automatic frequency control purposes, or both.

(l) Technical Characteristics of Interrogator (regs 99-109)

99.    DME interrogator transmitter

    (1) The interrogator shall transmit on the interrogation frequency appropriate to the assigned DME channel as specified in regulation 78.

    (2) The radio frequency of operation shall not vary more than plus or minus 100 kHz from the assigned value—

    (a)    pulse rise time shall not exceed three microseconds;

    (b)    pulse duration shall be 3.5 microseconds plus or minus 0.5 microsecond;

    (c)    pulse decay time shall nominally be 2.5 microseconds, but shall not exceed 3.5 microseconds;

    (d)    the instantaneous amplitude of the pulse shall not, at any instant between the point of the leading edge which is 95 per cent of maximum amplitude and the point of the trailing edge which is 95 per cent of the maximum amplitude, fall below a value which is 95 per cent of the maximum voltage amplitude of the pulse;

    (e)    the spectrum of the pulse modulated signal shall be such that at least 90 per cent of the energy in each pulse shall be within 0.5 MHz in a band centred on the nominal channel frequency; and

    (f)    to ensure proper operation of the thresh holding techniques, the instantaneous magnitude of any pulse turn-on transients which occur in time prior to the virtual origin shall be less than one per cent of the pulse peak amplitude and the initiation of the turn-on process shall not commence sooner than one microsecond prior to the virtual origin.

100.    DME interrogator pulse spacing

    (1) The spacing of the constituent pulses of transmitted pulse pairs shall be as given in the table in regulation 96.

    (2) The tolerance on the pulse spacing shall be plus or minus 0.5 microsecond.

    (3) The tolerance on the pulse spacing shall be plus or minus 0.25 microsecond.

    (4) The pulse spacing shall be measured between the half voltage points on the leading edges of the pulses.

101.    DME interrogator pulse repetition frequency

    The variation in time between successive pairs of interrogation pulses shall be sufficient to prevent false lock-on.

102.    DME interrogator spurious radiation

    (1) During intervals between transmission of individual pulses, the spurious pulse power received and measured in a receiver having the same characteristics of a DME transponder receiver, but tuned to any DME interrogation or reply frequency, shall—

    (a)    be more than 50 dB below the peak pulse power received; and

    (b)    be measured in the same receiver tuned to the interrogation frequency in use during the transmission of the required pulses.

    (2) Subregulation (1) shall apply to all spurious pulse transmissions. The spurious CW power radiated from the interrogator on any DME interrogation or reply frequency shall not exceed 20 microwatts (minus 47 dBW).

    (3) The spurious pulse power received and measured under the conditions stated in subregulation (1) shall be 80 dB below the required peak pulse power received.

103.    DME interrogator time delay

    (1) The time delay shall be consistent with the table in regulation 96.

    (2) The time delay shall be the interval between the time of the half voltage point on the leading edge of the second constituent interrogation pulse and the time at which the distance circuits reach the condition corresponding to zero distance indication.

    (3) The time delay shall be the interval between the time of the half voltage point on the leading edge of the first constituent interrogation pulse and the time at which the distance circuits reach the condition corresponding to zero distance indication.

104.    DME interrogator receiver

    The receiver centre frequency shall be the transponder frequency appropriate to the assigned DME operating channel specified in regulation 78.

105.    DME interrogator receiver sensitivity

    (1) The airborne equipment sensitivity shall be sufficient to acquire and provide distance information to the accuracy specified in regulation 110 and for the signal power density specified in regulation 85(2).

    (2) The performance of the interrogator shall be maintained when the power density of the transponder signal at the interrogator antenna is between the minimum values given in regulation 85 and a maximum of minus 18 dBW/m2.

106.    DME interrogator bandwidth

    Where there is a ratio of desired to undesired co-channel DME signals of at least 8 dB at the input terminals of the airborne receiver, the interrogator shall display distance information and provide unambiguous identification from the stronger signal.

107.    DME interrogator interference rejection

    (1) Where there is a ratio of desired to undesired co-channel DME signals of at least 8 dB at the input terminals of the airborne receiver, the interrogator shall display distance information and provide unambiguous identification from the stronger signal.

    (2) DME signals greater than 900 kHz removed from the desired channel nominal frequency and having amplitudes up to 42 dB above the threshold sensitivity shall not be used.

108.    DME interrogator decoding

    (1) The interrogator shall include a decoding circuit such that the receiver can be triggered only by pairs of received pulses having pulse duration and pulse spacings appropriate to transponder signals as described in regulation 84.

    (2) A reply pulse pair with a spacing of plus or minus two microseconds, or more, from the nominal value and with any signal level up to 42 dB above the receiver sensitivity shall be rejected.

109.    DME interrogator accuracy

    The interrogator shall not contribute more than plus or minus 315 m (plus or minus 0.17 NM) or 0.25 per cent of indicated range, whichever is greater, to the overall system error.

(m) Specification for En Route VHF Marker Beacons (75 MHz) (regs 110-116)

110.    En route VHF marker equipment

    The emissions of an en route VHF marker beacon shall have a radio frequency of 75 MHz plus or minus 0.005 per cent.

111.    En route VHF marker characteristics of emissions

    (1) Radio marker beacons shall radiate an uninterrupted carrier modulated to a depth of not less than 95 per cent or more than 100 per cent and the total harmonic content of the modulation shall not exceed 15 per cent.

    (2) The frequency of the modulating tone shall be 3 000 Hz plus or minus 75 Hz.

    (3) The radiation shall be horizontally polarised.

112.    En route VHF marker identification

    If a coded identification is required at a radio marker beacon, the modulating tone shall be keyed so as to transmit dots or dashes or both in an appropriate sequence. The mode of keying shall be such as to provide a dot-and-dash duration together with spacing intervals corresponding to transmission at a rate equivalent to approximately six to ten words per minute. The carrier shall not be interrupted during identification.

113.    En route VHF marker coverage and radiation pattern

    The most desirable radiation pattern would be one that—

    (a)    in the case of fan marker beacons, results in lamp operation only when the aircraft is within a rectangular parallelepiped, symmetrical about the vertical line through the marker beacon and with the major and minor axes adjusted in accordance with the flight path served; and

    (b)    in the case of a Z marker beacon, results in lamp operation only when the aircraft is within a cylinder, the axis of which is the vertical line through the marker beacons.

114.    En route VHF marker determination of coverage

    The limits of coverage of marker beacons shall be determined on the basis of the field strength specified in regulation 44(2).

115.    En route VHF marker radiation pattern

    The radiation pattern of a marker beacon normally shall be such that the polar axis is vertical, and the field strength in the pattern is symmetrical about the polar axis in the plane or planes containing the flight paths for which the marker beacon is intended.

116.    En route VHF marker monitoring

    For each marker beacon, suitable monitoring equipment shall be provided which will show at an appropriate location—

    (a)    a decrease in radiated carrier power below 50 per cent of normal;

    (b)    a decrease of modulation depth below 70 per cent; and

    (c)    a failure of keying.

(n) Requirements for the Global Navigation Satellite System (GNSS) (regs 117-121)

117.    GNSS functions

    The GNSS shall provide position and time data to the aircraft.

118.    GNSS elements

    The GNSS navigation service shall be provided using various combinations of the following elements installed on the ground, on satellites and/or on board the aircraft—

    (a)    Global Positioning System (GPS) that provides the standard positioning service (SPS) as defined in regulations 123 to 136;

    (b)    global navigation satellite system (GLONASS) that provides the channel of standard accuracy (CSA) navigation signal as defined in regulations 137 to 148;

    (c)    aircraft-based augmentation system (ABAS) as defined in regulation 149;

    (d)    satellite-based augmentation system (SBAS) as defined in regulations 150 to 159;

    (e)    ground-based augmentation system (GBAS) as defined in regulations 160 to 171;

    (f)    ground-based regional augmentation system (GRAS) as defined in regulations 160 to 171; and

    (g)    aircraft GNSS receiver as defined in regulation 172.

119.    GNSS space reference

    The position information provided by the GNSS to the user shall be expressed in terms of the World Geodetic System – 1984 (WGS-84) geodetic reference datum.

120.    GNSS time reference

    The time data provided by the GNSS to the user shall be expressed in a time scale that takes the Universal Time Coordinated (UTC) as reference.

121.    GNSS signal-in-space performance

    The combination of GNSS elements and a fault-free GNSS user receiver shall meet the signal-in-space requirements defined in table 3.7.2.4-1 under Schedule 1.

(o) GPS Standard Positioning Service (SPS) (L1) (regs 122-127)

122.    GPS space and control segment accuracy

    (1) The GPS SPS position errors shall not exceed the following limits—

  Global average 95% of time

Worst site
95% of timeHorizontal position error9 m (30 ft)17 m (56 ft)Vertical position error15 m (49 ft)37 m (121 ft)

    (2) The GPS SPS time transfer errors shall not exceed 40 nanoseconds 95 per cent of the time.

123.    GPS range domain accuracy

    The range domain error shall not exceed the following limits—

    (a)    range error of any satellite – 30 m (100 ft) with reliability specified in regulation 126;

    (b)    95th percentile range rate error of any satellite – 0.006 m (0.02 ft) per second (global average);

    (c)    95th percentile range acceleration error of any satellite – 0.002 m (0.006 ft) per second-squared (global average); and

    (d)    95th percentile range error for any satellite over all time differences between time of data generation and time of use of data – 7.8 m (26 ft) (global average).

124.    GPS availability

    The GPS SPS availability shall be as follows—

    (a)    99 per cent horizontal service availability, average location (17 m 95 per cent threshold);

    (b)    99 per cent vertical service availability, average location (37 m 95 per cent threshold);

    (c)    90 per cent horizontal service availability, worst-case location (17 m 95 per cent threshold); and

    (d)    90 per cent vertical service availability, worst-case location (37 m 95 per cent threshold).

125.    GPS reliability

    (1) The GPS SPS reliability shall be within the following limits—

    (a)    reliability – at least 99.94 per cent (global average); and

    (b)    reliability – at least 99.79 per cent (worst single point average).

    (2) The probability that the user range error (URE) of any satellite will exceed 4.42 times the upper bound on the user range accuracy (URA) broadcast by that satellite without an alert received at the user receiver antenna within 10 seconds, shall not exceed 1x105 per hour.

126.    GPS continuity

    The probability of losing GPS SPS signal-in-space (SIS) availability from a slot of the nominal 24-slot constellation due to unscheduled interruption shall not exceed 2x104 per hour.

127.    GPS coverage

    The GPS SPS shall cover the surface of the earth up to an altitude of 3 000 kilometres.

(p) Radio Frequency (RF) Characteristics (regs 128-135)

128.    GPS carrier frequency

    Each GPS satellite shall broadcast an SPS signal at the carrier frequency of 1575.42 MHz (GPS L1) using code division multiple access (CDMA).

129.    GPS signal spectrum

    The GPS SPS signal power shall be contained within a ±12 MHz band (1563.42 – 1587.42 MHz) centred on the L1 frequency.

130.    GPS polarisation

    The transmitted RF signal shall be right-hand (clockwise) circularly polarised.

131.    GPS signal power level

    Each GPS satellite shall broadcast SPS navigation signals with sufficient power such that, at all unobstructed locations near the ground from which the satellite is observed at an elevation angle of five degrees or higher, the level of the received RF signal at the antenna port of a 3 dBi linearly-polarised antenna is within the range of -158.5 dBW to -153 dBW for all antenna orientations orthogonal to the direction of propagation.

132.    GPS modulation

    (1) The SPS L1 signal shall—

    (a)    be bipolar phase shift key (BPSK);

    (b)    modulated with a pseudo random noise (PRN) 1.023 MHz coarse/acquisition (C/A) code; and

    (c)    the C/A code sequence shall be repeated each millisecond.

    (2) The transmitted PRN code sequence shall be the Modulo-2 addition of a 50 bits per second navigation message and the C/A code.

133.    GPS time

    GPS time shall be referenced to UTC (as maintained by the U.S. Naval Observatory).

134.    GPS co-ordinate system

    The GPS co-ordinate system shall be WGS-84.

135.    GPS navigation information

    The navigation data transmitted by the satellites shall include the necessary information to determine—

    (a)    satellite time of transmission;

    (b)    satellite position;

    (c)    satellite health;

    (d)    satellite clock correction;

    (e)    propagation delay effects;

    (f)    time transfer to UTC; and

    (g)    constellation status.

(q) GLONASS Channel of Standard Accuracy (CSA) (L1) (regs 136-147)

136.    GLONASS space and control segment accuracy

    (1) The GLONASS CSA position errors shall not exceed the following limits—

  Global average
95% of the time

Worst site
95% of the timeHorizontal position error5 m (17 ft)12 m (40 ft)Vertical position error9 m (29 ft)25 m (97 ft)

    (2) The GLONASS CSA time transfer errors shall not exceed 700 nanoseconds, 95 per cent of the time.

    (3) The range domain error shall not exceed the following limits—

    (a)    range error of any satellite – 18 m (59.7 ft);

    (b)    range rate error of any satellite – 0.02 m (0.07 ft) per second;

    (c)    range acceleration error of any satellite – 0.007 m (0.023 ft) per second squared; and

    (d)    root-mean-square range error over all satellites – 6 m (19.9 ft).

137.    GLONASS availability

    The GLONASS CSA availability shall be as follows—

    (a)    ³99 per cent horizontal service availability, average location (12 m, 95 per cent threshold);

    (b)    ³99 per cent vertical service availability, average location (25 m, 95 per cent threshold);

    (c)    ³90 per cent horizontal service availability, worst-case location (12 m, 95 per cent threshold); and

    (d)    ³90 per cent vertical service availability, worst-case location (25 m, 95 per cent threshold).

138.    GLONASS reliability

    The GLONASS CSA reliability shall be within the following limits—

    (a)    frequency of a major service failure – not more than three per year for the constellation (global average); and

    (b)    reliability – at least 99.7 per cent (global average).

139.    GLONASS coverage

    The GLONASS CSA shall cover the surface of the earth up to an altitude of 2 000 km.

140.    GLONASS carrier frequency

    Each GLONASS satellite shall broadcast CSA navigation signal at its own carrier frequency in the L1 (1.6 GHz) frequency band using frequency division multiple access (FDMA).

141.    GLONASS signal spectrum

    GLONASS CSA signal power shall be contained within a ±5.75 MHz band centred on each GLONASS carrier frequency.

142.    GLONASS polarisation

    The transmitted RF signal shall be right-hand circularly polarised.

143.    GLONASS signal power level

    Each GLONASS satellite shall broadcast CSA navigation signals with sufficient power such that, at all unobstructed locations near the ground from which the satellite is observed at an elevation angle of 5 degrees or higher, the level of the received RF signal at the antenna port of a 3 dBi linearly polarized antenna is within the range of -161 dBW to -155.2 dBW for all antenna orientations orthogonal to the direction of propagation.

144.    GLONASS modulation

    (1) Each GLONASS satellite shall transmit at its carrier frequency the navigation RF signal using a BPSK modulated binary train.

    (2) The phase shift keying of the carrier shall be performed at p-radians with the maximum error ±0.2 radian and the pseudo-random code sequence shall be repeated each millisecond.

    (3) The modulating navigation signal shall be generated by the Modulo-2 addition of the following three binary signals—

    (a)    ranging code transmitted at 511 kbits/s;

    (b)    navigation message transmitted at 50 bits/s; and

    (c)    100 Hz auxiliary meander sequence.

145.    GLONASS time

    GLONASS time shall be referenced to UTC (SU) (as maintained by the National Time Service of Russia).

146.    GLONASS co-ordinate system

    The GLONASS co-ordinate system shall be PZ-90.

147.    GLONASS navigation information

    The navigation data transmitted by the satellite shall include the necessary information to determine—

    (a)    satellite time of transmission;

    (b)    satellite position;

    (c)    satellite health;

    (d)    satellite clock correction;

    (e)    time transfer to UTC; and

    (f)    constellation status.

(r) Aircraft-based Augmentation System (ABAS) (reg 148)

148.    ABAS performance

    The ABAS function combined with one or more of the other GNSS elements and both a fault free GNSS receiver and fault-free aircraft system used for the ABAS function shall meet the requirements for accuracy, integrity, continuity and availability as stated in regulation 122.

(s) Satellite-based Augmentation System (SBAS) (regs 149-158)

149.    SBAS performance

    (1) SBAS combined with one or more of the other GNSS elements and a fault-free receiver shall meet the requirements for system accuracy, integrity, continuity and availability for the intended operation as stated in regulation 122, throughout the corresponding service area in regulation 152(6).

    (2) SBAS combined with one or more of the other GNSS elements and a fault-free receiver shall meet the requirements for signal-in-space integrity as stated in regulation 122, throughout the SBAS coverage area.

150.    SBAS functions

    SBAS shall perform one or more of the following functions—

    (a)    ranging; provide an additional pseudo-range signal with an accuracy indicator from an SBAS satellite (regulation 152 and Schedule 3, section 3.5.7.2);

    (b)    GNSS satellite status: determine and transmit the GNSS satellite health status (Schedule 3, section 3.5.7.3);

    (c)    basic differential correction: provide GNSS satellite ephemeris and clock corrections (fast and long-term) to be applied to the pseudo-range measurements from satellites (Schedule 3, section 3.5.7.4); and

    (d)    precise differential correction: determine and transmit the ionospheric corrections (Schedule 3, section 3.5.7.5).

151.    SBAS ranging

    (1) Excluding atmospheric effects, the range error for the ranging signal from SBAS satellites shall not exceed 25 m (82 ft) (95 per cent).

    (2) The probability that the range error exceeds 150 m (490 ft) in any hour shall not exceed 105.

    (3) The probability of unscheduled outages of the ranging function from an SBAS satellite in any hour shall not exceed 103/.

    (4) The range rate error shall not exceed 2 m (6.6 ft) per second.

    (5) The range acceleration error shall not exceed 0.019 m (0.06 ft) per second-squared.

    (6) An SBAS service area for any approved type of operation shall be a declared area within the SBAS coverage area where SBAS meets the corresponding requirements of regulation 122.

152.    SBAS carrier frequency

    The carrier frequency shall be 1 575.42 MHz.

153.    SBAS signal spectrum

    At least 95 per cent of the broadcast power shall be contained within a ±12 MHz band centred on the L1 frequency. The bandwidth of the signal transmitted by an SBAS satellite shall be at least 2.2 MHz.

154.    SBAS satellite signal power level

    (1) Each SBAS satellite placed in orbit before 1st January, 2014 shall broadcast navigation signals with sufficient power such that, at all unobstructed locations near the ground from which the satellite is observed at an elevation angle of 5 degrees or higher, the level of the received RF signal at the antenna port of a 3 dBi linearly polarised antenna is within the range of -161 dBW to -153 dBW for all antenna orientations orthogonal to the direction of propagation.

    (2) Each SBAS satellite placed in orbit after 31 December, 2013 shall comply with the following requirements—

    (a)    the satellite shall broadcast navigation signals with sufficient power such that, at all unobstructed locations near the ground from which the satellite is observed at or above the minimum elevation angle for which a trackable GEO signal needs to be provided, the level of the received RF signal at the antenna port of the antenna specified in Schedule 3, Table A-88, is at least -164.0 dBW;

    (b)    the minimum elevation angle used to determine GEO coverage shall not be less than five degrees for a user near the ground;

    (c)    the level of a received SBAS RF signal at the antenna port of a 0 dBic antenna located near the ground shall not exceed -152.5 dBW; and

    (d)    the elasticity of the broadcast signal shall be no worse than 2 dB for the angular range of ±9.1? from bore sight.

155.    SBAS polarisation

    The broadcast signal shall be right-hand circularly polarised.

156.    SBAS modulation

    The transmitted sequence shall—

    (a)    the Modulo-2 addition of the navigation message be at a rate of 500 symbols per second and the 1 023 bit pseudo-random noise code; and

    (b)    it shall then be BPSK-modulated onto the carrier at a rate of 1.023 megachips per second.

157.    SBAS network time (SNT)

    The difference between SNT and GPS time shall not exceed 50 nanoseconds.

158.    SBAS navigation information

    The navigation data transmitted by the satellites shall include the necessary information to determine—

    (a)    SBAS satellite time of transmission;

    (b)    SBAS satellite position;

    (c)    corrected satellite time for all satellites;

    (d)    corrected satellite position for all satellites;

    (e)    ionospheric propagation delay effects;

    (f)    user position integrity;

    (g)    time transfer to UTC; and

    (h)    service level status.

(t) Ground-based Augmentation System (GBAS) and Ground-based Regional Augmentation System (GRAS) (regs 159-173)

159.    GBAS performance

    GBAS combined with one or more of the other GNSS elements and a fault-free GNSS receiver shall meet the requirements for system accuracy, continuity, availability and integrity for the intended operation as stated in regulation 122 within the service volume for the service used to support the operation as defined in regulation 162.

160.    GBAS functions

    GBAS shall perform the following functions—

    (a)    provide locally relevant pseudo-range corrections;

    (b)    provide GBAS-related data;

    (c)    provide final approach segment data when supporting precision approach;

    (d)    provide predicted ranging source availability data; and

    (e)    provide integrity monitoring for GNSS ranging sources.

161.    GBAS service volume

    The minimum GBAS guidance approach service volume shall be as follows, except where topographical features dictate, and operational requirements permit—

    (a)    laterally, beginning at 140 m (450 ft) each side of the landing threshold point/fictitious threshold point (LTP/FTP) and projecting out ±35 degrees either side of the final approach path to 28 km (15 NM) and ±10 degrees either side of the final approach path to 37 km (20 NM);

    (b)    vertically, within the lateral region, up to the greater of seven degrees or 1.75 promulgated glide path angle (GPA) above the horizontal with an origin at the glide path interception point (GPIP) and 0.45 GPA above the horizontal or to such lower angle, down to 0.30 GPA, as required, to safeguard the promulgated glide path intercept procedure and this coverage applies between 30 m (100 ft) and 3 000 m (10 000 ft) height above threshold (HAT); and

    (c)    vertically, within the lateral region, up to the greater of seven degrees or 1.75 promulgated glide path angle (GPA) above the horizontal with an origin at the glide path interception point (GPIP) to an upper bound of 3 000 m (10 000 ft) height above threshold (HAT) and 0.45 GPA above the horizontal or to such lower angle, down to 0.30 GPA, as required, to safeguard the promulgated glide path intercept procedure and the lower bound is half the lowest decision height supported or 3.7 m (12 ft), whichever is larger.

162.    GBAS approach services supporting auto land and guided take-off

    The minimum additional GBAS service volume to support approach operations that include automatic landing and rollout, including during guided take-off, shall be as follows, except where operational requirements permit—

    (a)    horizontally within a sector spanning the width of the runway beginning at the stop end of the runway and extending parallel with the runway centre line towards the LTP to join the minimum service volume as described in regulation 162; and

    (b)    vertically, between two horizontal surfaces one at 3.7 m (12 ft) and the other at 30 m (100 ft) above the runway centre line to join the minimum service volume as described in regulation 162.

163.    GBAS positioning service

    The minimum additional GBAS service volume to support approach operations that include automatic landing and rollout, including during guided take-off, shall be as follows, except where operational requirements permit—

    (a)    horizontally within a sector spanning the width of the runway beginning at the stop end of the runway and extending parallel with the runway centre line towards the LTP to join the minimum service volume as described in regulation 162; and

    (b)    vertically, between two horizontal surfaces one at 3.7 m (12 ft) and the other at 30 m (100 ft) above the runway centre line to join the minimum service volume as described in regulation 162.

164.    GBAS carrier frequency

    (1) The data broadcast radio frequencies used shall be selected from the radio frequencies in the band 108 to 117.975 MHz.

    (2) The lowest assignable frequency shall be 108.025 MHz and the highest assignable frequency shall be 117.950 MHz and the separation between assignable frequencies (channel spacing) shall be 25 kHz.

165.    GBAS access technique

    (1) A time division multiple access (TDMA) technique shall be used with a fixed frame structure.

    (2) The data broadcast shall be assigned one to eight slots.

166.    GBAS modulation

    GBAS data shall be transmitted as 3-bit symbols, modulating the data broadcast carrier by D8PSK, at a rate of 10 500 symbols per second.

167.    GBAS data broadcast RF field strength and polarisation

    (1) GBAS/H – A horizontally polarised signal shall be broadcast.

    (2) The effective radiated power (ERP) shall—

    (a)    provide for a horizontally polarised signal with a minimum field strength of 215 microvolts per metre (-99 dBW/m2); and

    (b)    a maximum field strength of 0.350 volts per metre (-35 dBW/m2) within the GBAS coverage volume.

    (3) The field strength shall—

    (a)    be measured as an average over the period of the synchronisation; and

    (b)    be such that the RF phase asset between the HPOL and any VPOL components, achieve the minimum signal power as defined in Schedule 3, section 3.6.8.2.2.3, and as such be achieved for HPOL users throughout the coverage volume.

    (4) GB AS/E – An elliptically polarised signal shall be broadcast whenever practical.

    (5) —

    (1)    Where an elliptically polarised signal is broadcast, the horizontally polarised component shall meet the requirements in regulation 168(2), and the effective radiated power (ERP) shall provide for a vertically polarised signal with a minimum field strength of 136 microvolts per metre (-103 dBW/m2) and a maximum field strength of 0.221 volts per metre (-39 dBW/m2) within the GBAS coverage volume.

    (6) The field strength shall—

    (a)    be measured as an average over the period of the synchronisation and ambiguity resolution field of the burst; and

    (b)    be such that the RF phase offset between the HPOL and any VPOL components achieve the minimum signal power as defined in Schedule 3, section 3.6.8.2.2.3 and as such be achieved for HPOL and VPOL users throughout the coverage volume.

168.    GBAS power transmitted in adjacent channels

    The amount of power during transmission under all operating conditions when measured over a 25 kHz bandwidth centred on the ith adjacent channel shall not exceed the values shown in Schedule 1, table 3.7.3.5-1.

169.    GBAS unwanted emissions

    Unwanted emissions, including spurious and out-of-band emissions, shall be compliant with the levels shown in Schedule 1, table 3.7.3.5-2 and the total power in any VDB harmonic or discrete signal shall not be greater than -53 dBm.

170.    GBAS navigation information

    The navigation data transmitted by GBAS shall include the following information—

    (a)    pseudo-range corrections, reference time and integrity data;

    (b)    GBAS-related data;

    (c)    final approach segment data when supporting precision approach; and

    (d)    predicted ranging source availability data.

171.    Aircraft GNSS receiver

    The aircraft GNSS receiver shall process the signals of those GNSS elements that it intends to use as specified in Schedule 3, section 3.1 (for GPS), third schedule, section 3.2 (for GLONASS), Schedule 3, section 3.3 (for combined GPS and GLONASS), Schedule 3, section 3.5 (for SBAS) and Schedule 3, section 3.6 (for GBAS and GRAS).

172.    GNSS resistance to interference

    GNSS shall comply with performance requirements defined in regulation 122 and Schedule 3, section 3.7 in the presence of the interference environment defined in Schedule 3, section 3.7.

173.    GNSS database

    Aircraft GNSS equipment that uses a database shall provide a means to—

    (a)    update the electronic navigation database; and

    (b)    determine the Aeronautical Information Regulation and Control (AIRAC) effective dates of the aeronautical database.

(u) System Characteristics of Airborne ADF Receiving Systems (reg 174)

174.    Accuracy of bearing indication

    The bearing given by the ADF system shall not be in error by more than plus or minus five degrees with a radio signal from any direction having a field strength of 70 microvolts per metre or more radiated from an LF/MF NDB or locator operating within the tolerances permitted by these Regulations and in the presence also of an unwanted signal from a direction 90 degrees from the wanted signal and shall be—

    (a)    on the same frequency and 15 dB weaker;

    (b)    plus or minus 2 kHz away and 4 dB weaker; and

    (c)    plus or minus 6 kHz or more away and 55 dB stronger.

PART IV
Exemptions (regs 175-177)

175.    Requirements for application for exemption

    A request for an exemption must be in writing and specify the time when the aviation service provider is expected by the Authority to fully comply.

176.    Review and publication

    (1) The Authority shall—

    (a)    review the application for exemption made under regulation 175 for accuracy and compliance; and

    (b)    if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within a prescribed time, in either—

        (i)    the Government Gazette,

        (ii)    aeronautical information circular, and

        (iii)    a daily newspaper with national circulation in Botswana.

    (2) Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3).

    (3) If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

177.    Evaluation of the request

    Where the application requirements have been satisfied, the Authority shall conduct an evaluation of the request to include—

    (a)    determination of whether an exemption would be in the public interest;

    (b)    a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by these Regulations:

        Provided that, where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resource, the Authority may deny the exemption on that basis;

    (c)    a determination of whether a grant of the exemption would contravene these Regulations; and

    (d)    a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

PART V
General Provisions (regs 178-181)

178.    Drug and alcohol testing and reporting

    (1) Any person who performs any function prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.

    (2) A person who—

    (a)    refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or

    (b)    refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body,

when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

        (i)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal, or

        (ii)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (3) Any person who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

    (a)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

    (b)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

179.    Reports of violation

    (1) Any person who knows of a violation of the Act, or any regulations, rules, or orders issued thereunder, shall report it to the Authority.

    (2) The Authority may determine the nature and type of investigation or enforcement action that need to be taken.

180.    Failure to comply with direction

    Any person who fails to comply with any direction given to him by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

181.    Aeronautical fees

    (1) The Authority shall notify, in writing the fees to be charged in connection with the issue, renewal or variation of any certificate, test, inspection or investigation required by, or for the purpose of these Regulations, any orders, notices or proclamations made thereunder.

    (2) Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is accepted, to pay the fee so chargeable.

    (3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

PART VI
Offences and Penalties (regs 182-184)

182.    Contravention of Regulations

    A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

183.    Penalties

    (1) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

    (2) Any person who contravenes any provision of these Regulations shall be liable to a fine not exceeding P 100 000 or to imprisonment for a term not more than six months, or to both.

184.    Appeal

    A person aggrieved by the decision of the Authority under these Regulations may, within 14 days of such decision, appeal to the Tribunal established under section 79 of the Civil Aviation Act.

PART VII
Savings and Transitions (reg 185)

185.    Savings and transition

    (1) The Authority may require all facilities and equipment installed and operated before the coming into force of these Regulations be subjected to an assessment to determine the extent to which they comply with the provisions of these Regulations.

SCHEDULE 1
SPECIFICATIONS FOR RADIO NAVIGATION AIDS

(regs 9, 10, 121, 168 and 169)

 

 

 

 

SCHEDULE 2
VHF LOCALIZER AND ASSOCIATED MONITOR SPECIFICATIONS

(regs 20, 75 and 77)

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 3
TECHNICAL SPECIFICATIONS FOR THE GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS)

(regs 33, 150, 154, 167, 171 and 172)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 4
REQUIREMENTS OF FLIGHT INSPECTION OF RADIO NAVIGATION AIDS

(reg 11)

 

 

 

 

 

 

 

 

CIVIL AVIATION (COMMUNICATION SYSTEMS) REGULATIONS

(section 89)

(21st June, 2022)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary Provisions

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Requirements for communication facility

    5.    Certification of air navigation service provider

    6.    Approval requirement

    7.    Inspection and audit

    8.    Siting and installation

    9.    Commissioning requirement

    10.    Availability and reliability of communication facility

    11.    Interface arrangement for support services

    12.    Record keeping and documentation

    13.    Operations manual

    14.    Periodic inspection, testing and security of communication facility

    15.    Flight inspection and facility check after accident or incident

    16.    Radio frequency management and interference reporting

    17.    CNS personnel training and other requirements

    18.    Facility malfunction incident reporting and operational status of communication systems

    19.    Safety case, notification of communication facility status and interruption to service

PART III
Aeronautical Telecommunication Network (ATN)

    20.    General requirements for the transmission of ATN to operating agencies

    21.    General requirements for ATN

PART IV
ATN Application Requirements

    22.    ATN system application requirements

    23.    Air-ground applications requirements

    24.    Ground-ground applications requirements

PART V
ATN Communications Service Requirements

    25.    ATN/IPS upper layer communications service requirements

    26.    ATN/OSI upper layer communications service requirements

    27.    ATN/IPS communications service requirements

    28.    ATN/OSI communications service requirements

    29.    ATN naming and addressing requirements

    30.    ATN security requirements

PART VI
Aeronautical Mobile-Satellite (Route) Service (AMS(R)S)

    31.    Aeronautical mobile-satellite route service radio frequency characteristics

PART VII
Aeronautical Mobile-Satellite Route Service Frequency Bands Characteristics

    32.    Frequency bands

    33.    Emissions

    34.    Interference to other AMS(R)S equipment

    35.    Susceptibility

    36.    Priority and pre-emptive access

    37.    Signal acquisition and tracking

PART VIII
Performance Requirements

    38.    Designated operational coverage

    39.    Failure notification

    40.    AES requirements

    41.    AES and GES origination call processing delay

    42.    Packet data service interface

    43.    Packet data service performance

    44.    Delay

    45.    Delay parameters

    46.    Call processing delay

    47.    Voice service performance

    48.    Voice quality

    49.    Voice capacity

    50.    AMS(R)S security requirements

    51.    System interfaces

PART IX
Secondary Surveillance Radar Mode S Air-Ground Data Link Communication

    52.    Mode S air-ground data link communication

PART X
Very High Frequency Air-Ground Digital Link (VDL)

    53.    Radio channels and functional channels

    54.    System capabilities

    55.    Air-ground VHF digital link communications system characteristics

    56.    System characteristics of ground installations for VHF air-ground digital link communication

    57.    System characteristics of aircraft installation

    58.    Physical layer protocols and services

    59.    Link layer protocols and services

    60.    Subnetwork layer protocols and services

    61.    VDL mobile subnetwork dependent convergence function

    62.    VDL Mode 3 subnetwork dependent convergence function (SNDCF)

    63.    Voice unit for Mode 3 services

    64.    Voice unit for Mode 3 speech encoding, parameters and procedures

    65.    VDL Mode 4 radio channels

    66.    VDL Mode 4 system capabilities

    67.    Co-ordination of channel utilisation

    68.    Physical layer protocols and services

PART XI
Aeronautical Mobile Airport Communications System (AeroMACS)

    69.    AeroMACS general requirements

    70.    Radio frequency (RF) general characteristics

    71.    Radio frequency (RF) bands

    72.    Radiated power

    73.    Minimum receiver sensitivity

    74.    Spectral mask and emissions

    75.    Frequency tolerance

    76.    AeroMACS communications service provider

    77.    Doppler shift

    78.    Integrity

    79.    AeroMACS security requirements

    80.    System interface

    81.    Application requirements

PART XII
Aeronautical Fixed Telecommunication Network (AFTN)

    82.    Characteristics of Interregional Aeronautical Fixed Service (AFS) circuits

    83.    Technical provisions relating to international ground-ground data interchange at medium and higher signalling rates

    84.    Aircraft addressing system

PART XIII
Point-to-Multipoint Communications

    85.    Service via satellite for dissemination of aeronautical information

    86.    Service via satellite for dissemination of World Area Forecast System (WAFS) products

PART XIV
High Frequency Data Link (HFDL) System

    87.    System architecture

    88.    Aircraft and ground station subsystems

    89.    Operational coverage

    90.    Requirements for carriage of HFDL equipment

    91.    Ground station networking

    92.    Ground station synchronisation

    93.    Quality of service

    94.    HF data link protocol

    95.    Ground management subsystem

PART XV
Universal Access Transceiver (UAT)

    96.    Universal access transceiver system characteristics of aircraft and ground stations

    97.    Mandatory carriage requirements

PART XVI
Aeronautical Mobile Service

    98.    Air-ground VHF communication system characteristics

    99.    Single Side Band (SSB) HF communication system characteristics

    100.    Selective Calling System (SELCAL)

PART XVII
Aeronautical Speech Circuits

    101.    Technical provisions relating to international aeronautical speech circuit switching and signalling for ground-ground applications

PART XVIII
Emergency Locator Transmitter for Search and Rescue

    102.    Operating frequencies

    103.    Emergency Locator Transmitters register

    104.    Specification for 121.5 MHz component of Emergency Locator Transmitter

    105.    Specification for 406 MHz component of Emergency Locator Transmitter

    106.    Transmitter identification coding

PART XIX
Exemptions

    107.    Application requirements for exemption

    108.    Review and publication of application

    109.    Evaluation of application

PART XX
General Provisions

    110.    Drug and alcohol testing and reporting

    111.    Reports of violation

    112.    Failure to comply with direction

    113.    Aeronautical fees

    PART XXI
Offences, Penalties and Appeals

    114.    Contravention of Regulations

    115.    Offences and penalties

    116.    Appeals

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

        SCHEDULE 7

        SCHEDULE 8

        SCHEDULE 9

        SCHEDULE 10

        SCHEDULE 11

        SCHEDULE 12

        SCHEDULE 13

        SCHEDULE 14

        SCHEDULE 15

        SCHEDULE 16

        SCHEDULE 17

        SCHEDULE 18

        SCHEDULE 19

S.I. 77, 2022.

PART I
Preliminary Provisions (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Communication Systems) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "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;

    "AeroMACS downlink (DL)" means the transmission direction from the Base station (BS) to the Mobile station (MS);

    "AeroMACS handover" means the process in which a Mobile station (MS) migrates from the air-interface provided by one Base station (BS) to another air-interface which is provided by another BS;

    "AeroMACS uplink (UL)" means the transmission of the direction from the Mobile station (MS) to the Base station (BS);

    "Aeronautical Administrative Communications (AAC)" means communications necessary for the exchange of aeronautical administrative messages;

    "Aeronautical Mobile Airport Communications System (AeroMACS)" means a high capacity data link which supports mobile and fixes communications on the aerodrome surface;

    "Aeronautical Operational Control (AOC)" means communication required for the exercise of the authority over the initiation, continuation, diversion or termination of the flight for safety, regularity and efficiency purposes;

    "Aeronautical Telecommunication Network (ATN)" means a global internetwork architecture that allows ground, air-ground and avionic data subnetworks to exchange digital data for the safety of air navigation and for the regular, efficient and economic operation of the Air traffic services;

    "air navigation services" includes the following services provided for air navigation—

    (a)    Air traffic services;

    (b)    Instrument Flight Procedure Design Services (IFPD);

    (c)    Aeronautical Information Services (AIS);

    (d)    aeronautical cartographic services;

    (e)    aeronautical telecommunication services; and

    (f)    search and rescue services;

    "air navigation services provider (ANSP)" means an entity which is established for the purpose of providing the above-mentioned services of the air navigation services as provided in these Regulations;

    "Air traffic safety electronics personnel (ATSEP)" means a person who is engaged directly with the operations, maintenance and installation activities of the CNS/ATM systems;

    "Air traffic service" means a generic term referring to the flight information service including—

    (a)    alerting service;

    (b)    air traffic advisory service;

    (c)    air traffic control service;

    (d)    area control service;

    (e)    approach control service; or

    (f)    aerodrome control service;

    "Aircraft address" means a unique combination of 24 bits available for sending communication information to the aircraft for the purpose of air-ground communications, navigation and surveillance;

    "Aircraft data circuit-terminating equipment (ADCE)" means an aircraft specific data circuit-terminating equipment that is associated with an airborne data link processor (ADLP), that operates a protocol unique to Mode S data link for data transfer between air and ground;

    "aircraft data link processor (ADLP)" means an aircraft-resident processor that is specific for a particular air-ground data link being the Mode S which provides the channel management, segments or reassemble the messages for transfer which is connected to one side of the aircraft elements common to all data link systems and to the other side of the air-ground link itself;

    "Aircraft earth station (AES)" means a mobile earth station in the aeronautical mobile-satellite service located on the board of the aircraft;

    "aircraft or vehicle" means a machine or the device capable of atmospheric flight, or a vehicle on the airport surface movement area including runways and taxiways;

    "air-initiated protocol" means a procedure initiated by a Mode S aircraft installation for delivering a standard length or extended length downlink message to the ground;

    "application entity (AE)" means an AE which represents a set of international organisation for standardisation or Open System Interconnection communication capabilities of a particular application process;

    "Aeronautical Telecommunication Network (ATN) or Internet Protocol Suite" means Aeronautical Telecommunication Network or Internet Protocol Suite;

    "Aeronautical Telecommunication Network end-system" means an Aeronautical Telecommunication Network host in the Internet Protocol Suite terminology;

    "Aeronautical Telecommunication Network host" means an Aeronautical Telecommunication Network end-system in the Open System Interconnection terminology;

    "Aeronautical Telecommunication Network Security services" means a set of information which allows the receiving end system or intermediate system to identify unambiguous security source of the received information and to verify the integrity of that information;

    "Aeronautical Telecommunication Services Inter-Facility Data Communication (AIDC)" means an automated data exchange between Air traffic services units in the support of the flight notification, co-ordination, transfer of control and of communication;

    "Aeronautical Telecommunication Services Message Handling Service (ATSMHS)" means an Aeronautical Telecommunication Network application consisting of the procedures used to exchange Aeronautical Telecommunication Services messages in store-and-forward mode over the Aeronautical Telecommunication Network such that the transfer of an Aeronautical Telecommunication Services message is in general not correlated with the transfer of another Aeronautical Telecommunication Services message service provider;

    "Aeronautical Telecommunication Services Message Handling System (AMHS)" means the set of the computing and communication resources implemented by Aeronautical Telecommunication Services organisations to provide the Aeronautical Telecommunication Services Message Handling Service;

    "authorised path" means a communication path suitable for a given message category;

    "automatic dependent surveillance-contract (ADS-C)" means an ADS-C agreement which would be used as an exchange between the ground system and the aircraft, via a data link, specifying under which conditions ADS-C reports would be initiated, and what data would be contained in the reports;

    "automatic dependent surveillance-broadcast (ADS-B)" means the way in which the aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;

    "automatic terminal information service (ATIS)" means the automatic provision of current, routine information to arriving and departing aircraft throughout 24 hours or a specified portion thereof;

    "Base station (BS)" means a generalised equipment set providing connectivity, management, and control of the Mobile station (MS);

    "BDS Comm-B Data Selector" means the eight-bit BDS code that determines the register whose contents are to be transferred in the MB field of a comm-B reply which is expressed in two groups of four bits each, BDS1 of most significant four bits and BDS2 least significant four bits;

    "bit error rate (BER)" means the number of bit errors in a sample divided by the total number of bits in the sample, generally averaged over many such samples;

    "break-before-make AeroMACS handover" means where the service with the target Base station starts after a disconnection of the service with the previous serving Base station;

    "broadcast" means a transmission of information relating to air navigation that is not addressed to a specific station or stations;

    "burst profile" means a set of parameters that describe the uplink or downlink transmission properties associated with an interval usage code and each profile contains parameters such as modulation type, forward error correction (FEC) type, preamble, length, guard times;

    "burst" means a time defined, contiguous set of one or more related signal units which may transfer user information and protocols, signalling any necessary preamble;

    "capability report" means information identifying whether the transponder has a data link capability as reported in the capability field of an all-call reply or squitter transmission;

    "carrier-to-multipath ratio (C/M)" means the ratio of the carrier power received directly without reflection to the multipath power carrier received via reflection;

    "carrier-to-noise density ratio (C/No)" means the ratio of the total carrier power to the average noise power in a 1 Hz band-width, usually expressed in dBHz;

    "channel rate accuracy" means the relative accuracy of the clock to which the transmitted channel bits are synchronised at a channel rate of 1.2 kbits/s, maximum error of one part in 106 implies the maximum allowed error in the clock is ±1.2 x 10-3Hz;

    "channel rate" means the rate at which bits are transmitted over the Radio Frequency channel and these bits include those bits used for framing and error correction, as well as the information bits for burst transmission and the channel rate refers to the instantaneous burst rate over the period of the burst;

    "circuit mode" means a configuration of the communications network which gives the appearance to the application of a dedicated transmission path;

    "close-out" means a command from Mode S interrogator that terminates Mode S link layer communication transaction;

    "cluster of interrogators" means two or more interrogators with the same interrogator identifier (II) code, operating co-operatively to ensure that there is no interference to the required surveillance and data link performance of each of the interrogators in areas of common coverage;

    "coded chip" means a "1" or "0" output of the rate ½ or ¼ convolutional code Encoder;

    "comm-A" means a 112-bit interrogation containing the 56-bit MA message field which is used by the uplink standard length message (SLM) and the broadcast protocols;

    "comm-B" means a 112-bit reply containing the 56-bit MB message field which is used by the downlink SLM, ground-initiated and broadcast protocols;

    "comm-C" means a 112-bit interrogation containing the 80-bit MC message field which is used by the uplink extended Length message (ELM) protocol;

    "comm-D" means a 112-bit reply containing the 80-bit MD message field which is used by the downlink ELM protocol;

    "CNS" means Communication, Navigations and Surveillance;

    "connection" means a logical association between peer-level entities in a communication system;

    "connection establishment delay" means connection establishment delay as defined in ISO 8348 and it includes a component attributable to the subnetwork (SN) service user which is the time between the SN-CONNECT indication and the SN-CONNECT response and this user component is due to work outside the boundaries of the satellite subnetwork and is therefore excluded from the AMS(R)S specifications;

    "controller pilot data link communications (CPDLC)" means communication between a controller and the pilot, using data link for ATC communications;

    "Convolutional turbo codes (CTC)" means type of forward error collection (FEC) code;

    "COSPAS-SARSAT" means Space System for Search of vessels in distress, Search and Rescue Satellite-Aided Tracking;

    "current slot" means the slot in which a received transmission begins;

    "data circuit-terminating equipment (DCE)" means a DCE network provider equipment used to facilitate communications between DTEs;

    "data link capability report" means information in a comm-B reply which identifies the complete Mode S communications capabilities of the aircraft installation;

    "data link entity (DLE)" means a protocol State machine capable of setting up and managing a single data link connection;

    "data link flight information services (D-FIS)" means the provision of FIS via data link;

    "data link initiation capability (DLIC)" means a data link application that provides the ability to exchange addresses, names and version numbers necessary to initiate data link applications;

    "data link service (DLS) sub-layer" means the sub-layer that resides above the MAC sub-layer and the VDL Mode 4 whereby the DLS sub-layer resides above the VSS sub-layer of which the DLS manages to transmit the queue, creates and destroys DLEs for connection oriented communications and provides facilities for the link management entity to manage the DLS and facilities for connectionless communications;

    "data link-automatic terminal information service (D-ATIS)" means the provision of ATIS via data link;

    "data signalling rate" means data signalling rate referring to the passage of information per unit of time, and is expressed in bits or seconds which is given by the formula—

 

    where m is the number of parallel channels, Ti is the minimum interval for the ith channel expressed in seconds, ni is the number of significant conditions of the modulation in the ith channel;

    "data terminal equipment (DTE)" means an endpoint of a subnetwork connection;

    "data transfer delay, 95th percentile" means the statistical distribution of delays for which data transit delay is the average;

    "data transit delay" means the average value of the statistical distribution of data delays in accordance with ISO 8348 which delay represents the subnetwork delay and does not include the connection establishment delay;

    "degree of standardised test distortion" means the degree of distortion of the restitution measured during a specific period of time when the modulation is perfect and corresponds to a specific text;

    "designated operational coverage (DOC) area" means the area in which a particular service is provided and in which the service is afforded frequency protection;

    "direct link service" means a data communications service which makes no attempt to automatically correct errors, detected or undetected, at the link layer of the air-ground communications path whereby error control may be effected by end-user systems;

    "directory service (DIR)" means a service based on the ITU-T X.500 series of recommendations, providing access to and management of structured information relevant to the operation of the ATN and its users;

    "domain" means a set of end systems and intermediate systems that operate according to the same routing procedures and that is wholly contained within a single administrative domain;

    "doppler shift" means the frequency shift observed at a receiver due to any relative motion between transmitter and receiver;

    "downlink ELM (DELM)" means extended length downlink communications by means of 112-bit Mode S Comm-D replies, each containing the 80-bit comm-D message field (MD);

    "downlink" means a term referring to the transmission of data from an aircraft to the ground of which Mode S air-to-ground signals are transmitted on the 1 090 MHz reply frequency channel;

    "effective margin" means that margin of an individual apparatus which could be measured under actual operating conditions;

    "end-to-end" means pertaining or relating to an entire communication path, typically from the interface between the—

    (a)    information source and the communication system at the transmitting end to; and

    (b)    communication system and the information user or processor or application at the receiving end;

    "end-user" means an ultimate source and/or consumer of information;

    "energy per symbol to noise density ratio (Es/No)" means the ratio of the average energy transmitted per channel symbol to the average noise power in a 1 Hz bandwidth, usually expressed in dB and for A-BPSK and A-QPSK, one channel symbol refers to one channel bit;

    "equivalent isotropically radiated power (EIRP)" means the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna, absolute or isotropic gain;

    "extended Golay Code" means an error correction code capable of correcting multiple bit errors;

    "extended Length message (ELM)" means a series of comm-C interrogations uplink ELM transmitted without the requirement for intervening replies, or a series of comm-D replies downlink ELM transmitted without intervening interrogations;

    "flight information service (FIS)" means a service provided for the purpose of giving advice and information that is useful for the safe and efficient conduct of the flights;

    "forward error correction (FEC)" means the process of adding redundant information to the transmitted signal in a manner which allows correction at the receiver of the errors incurred in the transmission;

    "frame" means the link layer frame composed of a sequence of address, control, FCS and information fields and for VDL Mode 2, of which these fields are bracketed by opening and closing flag sequences, and a frame may or may not include a variable-length information field;

    "frequency assignment" means a logical assignment of the centre frequency and channel bandwidth programmed to the Base station (BS);

    "gain-to-noise temperature ratio" means the ratio, usually expressed in dB/K, of the antenna gain to the noise at the receiver output of the antenna subsystem which noise is expressed as the temperature that a 1 ohm resistor must be raised to produce the same noise power density;

    "gaussian filtered frequency shift keying (GFSK)" means a continuous-phase, frequency shift keying technique using two tones and a Gaussian pulse shape filter;

    "general formatter/manager (GFM)" means the aircraft function responsible for—

    (a)    formatting messages to be inserted in the transponder registers; and

    (b)    detecting and handling error conditions such as the loss of input data;

    "global signalling channel (GSC)" means a channel available on a worldwide basis which provides for communication control;

    "ground data circuit-terminating equipment (GDCE)" means a ground specific data circuit-terminating equipment associated with a ground data link processor (GDLP) which operates a protocol unique to Mode S data link for data transfer between air and ground;

    "ground data link processor (GDLP)" means a ground-resident processor that is specific to a particular air-ground data link for Mode S, which provides channel management and segments or reassembles messages for transfer and is connected on one side by means of its data circuit-terminating equipment to the ground elements common to all data link systems, and on the other side to the air-ground link itself;

    "ground earth station (GES)" means an earth station in the fixed satellite service, or, in some cases, in the aeronautical mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the aeronautical mobile satellite service;

    "ground-initiated Comm-B (GICB)" means the ground-initiated Comm-B protocol that allows the interrogator to extract comm-B replies containing data from a defined source in the MB field;

    "ground-initiated protocol" means a procedure initiated by a Mode S interrogator for delivering standard length or extended Length messages to a Mode S aircraft installation;

    "hands-off" means those connections which manages the media access control sub-layer and physical layer of which an aircraft LME tracks how well it can communicate with the ground stations of a single ground system, an aircraft VME instantiates an LME for each ground station that it monitors while the ground VME instantiates an LME for each aircraft that it monitors and an LME is deleted when communication with the peer system is no longer viable;

    "HFDL" means High Frequency Data Link;

    "high frequency network protocol data unit (HFNPDU)" means user data packet;

    "high performance receiver" means a Universal Access Transmitter receiver with enhanced selectivity to improve the rejection of adjacent frequency DME interference;

    "link layer" means the layer that lies immediately above the physical layer in the Open Systems Interconnection protocol model that provides for the reliable transfer of information across the physical media and is subdivided into the data link sub-layer and the media access control sub-layer;

    "link management entity (LME)" means a protocol State machine capable of acquiring, establishing and maintaining a connection to a single peer system which establishes data link and subnetwork connections;

    "link protocol data unit (LPDU)" means data unit which encapsulates a segment of an HFNPDU;

    "link" means a link that connects an aircraft DLE and a ground DLE and is uniquely specified by the combination of an aircraft DLS address and the ground DLS address and a different subnetwork entity resides above every link endpoint;

    "low modulation rates" means modulation rates up to and including 300 bauds;

    "MANSOPS" means manual of air navigation services operations;

    "margin" means the maximum degree of distortion of the circuit at the end of which the apparatus is situated and is compatible with the correct translation of all the signals which it may possibly receive;

    "M-ary phase shift keying (M-PSK) modulation" means a digital phase modulation that causes the phase of the carrier waveform to take on one of a set of M values;

    "M burst" means a management channel data block of bits used in VDL Mode 3 which contains signalling information needed for media access and link status monitoring;

    "media access control (MAC)" means the sub-layer that acquires the data path and controls the movement of bits over the data path;

    "media access protocol data unit (MPDU)" means data unit which encapsulates one or more LPDUs;

    "medium modulation rates" means modulation rates above 300 and up to and including 3 000 bauds;

    "Mobile station (MS)" means a station in the mobile service intended to be used while in motion or during halts at unspecified points of which MS is always a subscriber station (SS);

    "Mode 2" means a data-only of VDL mode that uses D8PSK modulation and a carrier sense multiple access (CSMA) control scheme;

    "Mode 3" means a voice and data VDL mode that uses D8PSK modulation and a TDMA media to access the control scheme;

    "Mode 4" means a data-only for VDL mode which is using a GFSK modulation scheme and self-organising time division multiple access (STDMA);

    "Mode S air-initiated Comm-B (AICB) protocol" means a procedure initiated by a Mode S transponder for transmitting a single comm-B segment from aircraft installation;

    "Mode S broadcast" means the protocol within the Mode S system that permits uplink messages to be sent to all aircraft in coverage area, and downlink messages to be made available to all interrogators that have the aircraft wishing to send the message under surveillance;

    "Mode S broadcast protocols" means procedures allowing standard length uplink or downlink messages to be received by more than one transponder or ground interrogator respectively;

    "Mode S frame" means the basic unit of the transfer at the link level of which in the context of Mode S sub-network, a frame can include from one to four comm-A or comm-B segments, from two to sixteen comm-C segments, or from one to sixteen comm-D segments;

    "Mode S ground-initiated Comm-B (GICB) protocol" means a procedure initiated by a Mode S interrogator for eliciting a single comm-B segment from a Mode S aircraft installation, incorporating the contents of one of 255 comm-B registers within the Mode S transponder;

    "Mode S multisite-directed protocol" means a procedure to ensure that extraction and close-out of a downlink standard length or extended Length message is affected only by the particular Mode S interrogator selected by the aircraft;

    "Mode S packet" means a packet conforming to the Mode S sub-network standard, designed to minimise the bandwidth required from the air-ground link where the ISO 8208 packets may be transformed into Mode S packets and vice-versa;

    "Mode S specific protocol (MSP)" means a protocol that provides restricted datagram service within the Mode S sub-network;

    "Mode S specific services entity (SSE)" means an entity resident within an XDLP that provide access to the Mode S specific services;

    "Mode S specific services" means a set of communication services provided by the Mode S system which are not available from other air-ground subnetworks, and therefore not interoperable;

    "Mode S sub-network" means performing an interchange of digital data through the use of secondary surveillance radar (SSR) Mode S interrogators and transponders in accordance with defined protocols;

    "modulation rate" means the reciprocal of the unit interval measured in seconds and this rate is expressed in bauds;

    "M-PSK symbol" means one of the M possible phase shifts of the M-PSK modulated carrier representing a group of log2 M coded chips;

    "network (N)" means the word "network" and its abbreviation "N" in ISO 8348 are replaced by the word "subnetwork" and its abbreviation "SN", respectively, wherever they appear in relation to the subnetwork layer packet data performance;

    "optimum sampling point" means the optimum sampling point of a received UAT bit stream is at the nominal centre of each bit period, when the frequency offset is either plus or minus 312.5 kHz;

    "packet" means the basic unit of data transfer among communication devices within the network layer of an ISO 8208 packet or a Mode S packet;

    "partial usage sub-channelisation (PUSC)" means a technique in which the orthogonal frequency division multiplexing (OFDM) symbol subcarriers are divided and permuted among a subset of sub-channels for transmission, providing partial frequency diversity;

    "peak envelope power (PEP)" means the peak power of the modulated signal supplied by the transmitter to the antenna transmission line;

    "physical layer protocol data unit (PPDU)" means data unit passed to the physical layer for transmission, or decoded by the physical layer after reception;

    "physical layer" means the lowest level layer in the Open Systems Interconnection protocol model which is concerned with the transmission of binary information over the physical medium and for VHF radio;

    "point-to-point" means pertaining or relating to the interconnection of two devices, particularly end-user instruments and it is a communication path of service intended to connect two discrete end-users as distinguished from broadcast or multipoint service;

    "power measurement point (PMP)" means a cable connecting the antenna to the UAT equipment whereby PMP is the end of that cable that attaches to the antenna and all power measurements are considered as being made at the PMP unless otherwise specified, whereas the cable connecting the UAT equipment to the antenna is assumed to have 3 dB of loss;

    "pseudo random message data block" means several UAT requirements state that performance will be tested using pseudo random message data blocks whereby pseudo random message data blocks should have statistical properties that are nearly indistinguishable from those of a true random selection of bits, for instance, each bit should have nearly equal probability of being a ONE or a ZERO, independent of its neighbouring bits and there should be a large number of such pseudo random message data blocks for each message type for basic ADS-B, Long ADS-B or ground uplink to provide sufficient independent data for statistical performance measurements;

    "quality of service (QOS)" means the information relating to data transfer characteristics used by various communications protocols to achieve various levels of performance for network users;

    "reed-Solomon code" means an error correction code capable of correcting symbol errors and since symbol errors are collections of bits, these codes provide good burst error correction capabilities;

    "reliable link service (RLS)" means a data communications service provided by the subnetwork which automatically provides for error control over its link through error detection and requested retransmission of signal units found to be in error;

    "required communication performance (RCP)" means a statement of the performance requirements for operational communication in support of specific ATM functions;

    "residual error rate" means the ratio of incorrect, lost and duplicate subnetwork service data units SNSDUs to the total number of SNSDUs that were sent;

    "segment" means a portion of a message that can be accommodated within a single MA/MB field in the case of a standard length message, or MC/MD field in the case of an extended Length message, this term is also applied to the Mode S transmissions containing these fields;

    "self-organising time division multiple access (STDMA)" means a multiple access scheme based on time-shared use of a radio frequency (RF) channel employing—

    (a)    discrete contiguous time slots as the fundamental shared resource; and

    (b)    a set of operating protocols that allows users to mediate access to these time slots without reliance on a master control station;

    "Service data unit (SDU)" means a unit of data transferred between adjacent layer entities, which is encapsulated within a protocol data unit (PDU) for transfer to a peer layer;

    "Service flow" means a unidirectional flow of media access control layer (MAC) Service data units (SDUs) on a connection that is providing a particular quality of service (QoS);

    "service volume" means a part of the facility coverage where the facility provides a particular service in accordance with relevant regulations and within which the facility is afforded frequency protection;

    "slot" means one of a series of consecutive time intervals of equal duration of which each burst transmission starts at the beginning of a slot;

    "slotted aloha" means a random access strategy whereby multiple users access the same communications channel independently, but each communication must be confined to a fixed time slot and the same timing slot structure is known to all users, but there is no other co-ordination between the users;

    "spot beam" means satellite antenna directivity whose main lobe encompasses significantly less than the earth’s surface that is within line-of-sight view of the satellite which is designed so as to improve system resource efficiency with respect to geographical distribution of user earth stations;

    "squitter protocol data unit (SPDU)" means data packet which is broadcasting every 32 seconds by an HFDL ground station on each of its operating frequencies, and which contains link management information;

    "standard length message (SLM)" means an exchange of digital data using selectively addressed comm-A interrogations and/or comm-B replies;

    "standard UAT receiver" means a general purpose UAT receiver satisfying the minimum rejection requirements of interference from adjacent frequency distance measuring equipment (DME);

    "subnetwork" means an actual implementation of a data network that employs a homogeneous protocol and addressing plan, and is under the control of a single authority;

    "subnetwork service data unit (SNSDU)" means an amount of subnetwork user data and the identity of which is preserved from one end of a subnetwork connection to the other;

    "subnetwork connection" means a long-term association between an aircraft DTE and a ground DTE using successive virtual calls to maintain context across link handoff;

    "subnetwork dependent convergence function (SNDCF)" means the matches of the characteristics and services of a particular subnetwork to those characteristics and services required by the internetwork facility;

    "subnetwork entity" means the phrase "ground DCE" which would be used for the subnetwork entity in a ground station communicating with an aircraft and the phrase "ground DTE" would be used for the subnetwork entity in a ground router communicating with an aircraft station and, the phrase "aircraft DTE" would be used for the subnetwork entity in an aircraft communicating with the station, and a subnetwork entity is a packet layer entity as defined in ISO 8208;

    "subnetwork entry time" means the time from when the Mobile station starts the scanning for BS transmission, until the network link establishes the connection in order for the first network user "protocol data unit" to be sent;

    "subnetwork layer" means the layer that establishes, manages and terminates connections across a subnetwork;

    "subnetwork management entity (SNME)" means an entity resident within a GDLP that performs subnetwork management and communicates with peer entities in intermediate or end-systems;

    "subnetwork service data unit (SNSDU)" means an amount of subnetwork user data and the identity of which is preserved from one end of a subnetwork connection to the other;

    "subscriber station (SS)" means a generalised equipment set providing connectivity between subscriber equipment and a Base station (BS);

    "successful message reception (SMR)" means the function within the UAT receiver for declaring a received message as valid for passing to an application that uses received UAT messages;

    "synchronous operation" means operation in which the time interval between code units is constant;

    "system" means a VDL-capable entity which is a system comprising of one or more stations and the associated VDL management entity and a system may either be an aircraft system or a ground system;

    "time division duplex (TDD)" means a duplex scheme where the uplink and the downlink transmissions occur at different times but may share the same frequency;

    "time division multiple access (TDMA)" means a multiple access scheme based on time-shared use of an RF channel employing—

    (a)    discrete contiguous time slots as the fundamental shared resource; and

    (b)    a set of operating protocols that allows users to interact with a master control station to mediate access to the channel;

    "time division multiplex (TDM)" means a channel sharing strategy in which packets of information from the same source but with different destinations are sequenced in time on the same channel;

    "timeout" means the cancellation of a transaction after one of the participating entities has failed to provide a required response within a pre-defined period of time;

    "total voice transfer delay" means the elapsed time commencing at the instant that speech is presented to the AES or GES and concluding at the instant that the speech enters the interconnecting network of the counterpart GES or AES, this delay includes vocoder processing time, physical layer delay, RF propagation delay and any other delays within an AMS(R)S subnetwork;

    "transit delay" means in packet data systems, the elapsed time between a request to transmit an assembled data packet and an indication at the receiving end that the corresponding packet has been received and is ready to be used or forwarded;

    "UAT ADS-B message" means a message broadcasted once per second by each aircraft to convey State vector and other information and the UAT ADS-B messages can be in one of two forms depending on the amount of information to be transmitted in a given second which is the basic UAT ADS-B message or the long UAT ADS-B message where UAT ground stations can support traffic information service-broadcast (TIS-B) through transmission of individual ADS-B messages in the ADS-B segment of the UAT frame;

    "UAT ground uplink message" means a message broadcasted by ground stations, within the ground segment of the UAT frame, to convey flight information such as text and graphical weather data, advisories, and other aeronautical information, to aircraft that are in the service volume of the ground station;

    "universal access transceiver (UAT)" means a broadcast data link operating on 978 MHz, with a modulation rate of 1.041667 Mbps;

    "uplink ELM (UELM)" means extended length uplink communication by means of 112-bit Mode S Comm-C interrogations, each containing the 80-bit comm-C message field (MC);

    "uplink" means a term referring to the transmission of data from the ground to an aircraft whereby the Mode S ground-to-air signals are transmitted on the 1030 MHz interrogation frequency channel;

    "user group" means a group of ground and/or aircraft stations which share voice and/or data connectivity and for voice communications, all members of a user group can access all communications and data communications include point-to-point connectivity for air-to-ground messages, and point-to-point and broadcast connectivity for ground-to-air messages;

    "UTC" means Coordinated Universal Time;

    "VDL management entity (VME)" means a VDL-specific entity that provides the quality of service requested by the ATN-defined SN_SME whereby AVME uses the LMEs that it creates and destroys, to enquire the quality of service available from peer systems;

    "VDL Mode 4 burst" means a VHF digital link (VDL) Mode 4 burst is composed of a sequence of source address, burst ID, information, slot reservation and frame check sequence (FCS) fields, bracketed by opening and closing flag sequences;

    "VDL Mode 4 DLS system" means a VDL system that implements the VDL Mode 4 DLS and subnetwork protocols to carry ATN packets or other packets;

    "VDL Mode 4 specific services (VSS) sublayer" means the sublayer that resides above the MAC sublayer and provides VDL Mode 4 specific access protocols including reserved, random and fixed protocols;

    "VDL station" means an aircraft-based or ground-based physical entity, capable of VDL Mode 2, 3 or 4;

    "VHF" means Very High Frequency;

    "VHF digital link (VDL)" means a constituent mobile subnetwork of the Aeronautical Telecommunication Network (ATN), operating in the aeronautical mobile VHF frequency band and the VDL may provide non-ATN functions such as, for instance, digitised voice;

    "vocoder" means a low bit rate voice encoder or decoder;

    "voice unit" means device that provides a simplex audio and signalling interface between the user and VDL;

    "voice-automatic terminal information service (Voice-ATIS)" means the provision of ATIS by means of continuous and repetitive voice broadcasts;

    "VSS user" means a user of the VDL Mode 4 specific services and the VSS user could be higher layers in the VDL Mode 4 SARPs or an external application using VDL Mode 4;

    "XDCE" means a general term referring to both the ADCE and the GDCE; and

    "XDLP" means a general term referring to both the ADLP and the GDLP.

3.    Application

    (1) These Regulations shall apply to any person who provides communication, navigation and surveillance services within a designated air space and at an Aerodrome.

    (2) These Regulations shall not apply to a person who provides communication, navigation and surveillance services to a State aircraft.

PART II
General Requirements (regs 4-19)

4.    Requirements for communication facility

    The minimum requirements for planning, installing, commissioning, training, operating and maintaining communication facility shall conform to these Regulations.

5.    Certification of air navigation service provider

    A person who wishes to provide air navigation services provider (ANSP) or to operate a facility to support an Air traffic service shall hold an ANSP certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations (Cap. 71:01 (Sub. Leg.)).

6.    Approval requirement

    (1) A person shall not provide ANSP or operate communication, navigation and surveillance facility or system in a designated airspace and Aerodrome unless a facility or system has been approved by the Authority.

    (2) The ANSP shall notify the Authority of its intention to procure, install, use, decommission, upgrade or relocate any communication, navigation and surveillance facility in a designated airspace and Aerodrome for a period not exceeding 30 days prior to the date of the commencement of the process.

    (3) The Authority shall approve the installation, use, decommissioning, upgrading or relocation of all the communication, navigation and surveillance facility in a designated airspace and Aerodrome.

7.    Inspection and audit

    (1) The Authority shall carry out the inspection and audit on CNS facilities, documents and the records of the CNS facilities to determine whether they comply with these Regulations.

    (2) An inspector of the Authority shall have unrestricted access to the facilities, installations, records and the documents of the ANSP, to determine whether they comply with these Regulations and the required procedures.

8.    Siting and installation

    (1) The ANSP shall—

    (a)    provide the procedures to ensure that the communication, navigation and surveillance systems—

        (i)    are operated, maintained, made available and are reliable in accordance with the requirements provided by the Authority,

        (ii)    are designed to meet the applicable operational specification for that facility,

        (iii)    are installed and commissioned as provided by the Authority, and

        (iv)    conform to the applicable system characteristics and specification standards as provided by the Authority; and

    (b)    determine the site for the installation of a new facility, based on operational requirements, construction aspects and the maintainability of a facility.

    (2) The procedures provided in terms of subregulation (1), shall be installed by a licensed ATSEP with the relevant ratings requirements for the establishment of a facility.

9.    Commissioning requirement

    (1) The ANSP shall—

    (a)    provide the procedures to ensure that each new facility is commissioned to meet the specifications for that facility; and

    (b)    ensure that the newly established facility is in compliance with the applicable standards of establishing a facility.

    (2) The ANSP shall ensure that—

    (a)    the system performance of the new facility has been validated by the necessary tests; and

    (b)    all the parties involved with the operation and maintenance of the facility, including its maintenance contractor has accepted the test and is satisfied with the result of a test.

    (3) The ANSP shall ensure that the procedures shall include—

    (a)    documentation of tests conducted on the facility prior to the commissioning; and

    (b)    the test result to see whether there is compliance with the facility requirements and the applicable standards of any flight check required.

10.    Availability and reliability of communication facility

    (1) The ANSP shall provide for a communication services and a facility to ensure that the telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available.

    (2) The functional specification of each of the air navigation service provider’s telecommunication services shall have the following values or characteristics for each service—

    (a)    availability;

    (b)    accuracy;

    (c)    integrity;

    (d)    mean time between failure (MTBF) reliability; and

    (e)    mean time to repair (MTTF).

    (3) The values or characteristics referred to in subregulation (2) shall be derived or be measured from either or both of—

    (a)    the configuration of each service; and

    (b)    the known performance of each service.

    (4) The ANSP shall describe in the operations manual the method used to calculate each of the values or characteristics of each service.

    (5) The integrity values or characteristics of a Radio Navigation Service shall be given for each kind of navigation aid facility that forms part of the service.

    (6) The performance of technical facilities shall be monitored, reviewed and reported in accordance of the procedures provided under these Regulations.

    (7) The ANSP shall ensure that—

    (a)    each and every facility is installed with the main and the standby power supply; and

    (b)    the adequate air conditioning is continuously operational to the service being provided.

11.    Interface arrangement for support services

    The ANSP shall, where applicable, make a formal interface arrangements with the external organisations in the form of the service agreements detailing the following—

    (a)    the interface and the functional specifications of the support service;

    (b)    the service level of the support service such as availability, accuracy, integrity and the recovery time of the failure of the service; and

    (c)    the monitoring and reporting of the operational status of the service to the service provider.

12.    Record keeping and documentation

    (1) The ANSP shall—

    (a)    hold copies of the relevant equipment manuals, technical standards, practices, instructions, maintenance procedures, site logbooks, systems backup data, equipment and test gear inventory and any other documentation that are necessary for the provision and operation of the facility;

    (b)    establish a procedure for the control of the documentation required under these Regulations;

    (c)    keep the records under the control of the relevant key personnel; and

    (d)    control access to the records system to ensure appropriate security.

    (2) The ANSP shall ensure that data and voice for Air Navigation Service Operational Systems are recorded continuously and the procedures shall be provided for the retention and utilisation of the recordings for purposes of analysis.

    (3) The ANSP shall—

    (a)    keep all documents and records which are necessary for the operation and maintenance of the service;

    (b)    make available copies of the documents and records to the authorised personnel when needed.

    (4) The documents and records referred to under subregulation (3) shall include—

    (a)    a copy of these Regulations;

    (b)    the ANSP’s operations manual;

    (c)    ICAO Annex 10 Aeronautical Telecommunications, Volumes I to V, ICAO Doc 8071-Manual on Testing of Radio Navigation Aids, and other relevant ICAO documents;

    (d)    the records of malfunction and safety incident reports;

    (e)    the records of internal audit reports;

    (f)    the agreements with other organisations;

    (g)    the records of investigation into serious incidents;

    (h)    the records of the staff deployment, duty and leave rosters;

    (i)    the records of equipment spares;

    (j)    the records of job description, training programme and plan of each staff member; and

    (k)    all related air navigation service technical standards and guidance materials developed by the Authority.

    (5) A document and records kept for the purposes of these Regulations shall be kept for at least 10 years.

    (6) The ANSP shall establish a process for the authorisation and for the amendment of the documents kept for purposes of these Regulations to ensure that they are constantly updated and amended and to ensure that—

    (a)    the currency of the documentation can be readily determined;

    (b)    the amendments to the documentation are controlled in accordance with established quality management principles;

    (c)    only the current versions of the documents shall be made available; and

    (d)    the person authorising the creation and the revision shall be identified.

    (7) The ANSP shall ensure that where documents and records are kept as soft copy and are made available, they are subjected to the same control as hard copy documents.

    (8) The ANSP shall provide the procedures to identify, collect, index, store, maintain, and dispose records covering—

    (a)    the performance and maintenance history of each facility;

    (b)    the establishment of the periodic test programmes for each facility;

    (c)    each item of test equipment required for the measurement of critical performance parameters;

    (d)    each reported or detected facility malfunction;

    (e)    each internal quality assurance review; and

    (f)    each authorised personnel who is authorised to place facilities into operational service.

13.    Operations manual

    (1) The ANSP shall develop an operations manual that shall demonstrate the ANSP’s compliance with these Regulations.

    (2) The contents of the operations manual shall contain—

    (a)    the information required for the ANSP in accordance with these Regulations;

    (b)    an organisational chart of the ANSP and its maintenance contractors, if any, that shows the position of each personnel and the name, qualifications, experiences, duties and responsibilities of the personnel who is responsible for ensuring the compliance of the organisation with the requirements provided in these Regulations;

    (c)    an overall operation and maintenance plan for the aeronautical telecommunication service for each facility as provided in these Regulations;

    (d)    for each facility, the information on the compliance of the facility with these Regulations and the applicable aeronautical telecommunication standards; and

    (e)    the system performance target of each facility, such as its availability and reliability.

    (3) The operations manual shall consist of the main manual covering the main areas that need to be addressed, as well as separate supporting documents and manuals, such as the operation and maintenance plan of each facility that is referred to in the main manual.

    (4) The ANSP shall develop an operation and maintenance plan for each facility which shall include—

    (a)    a procedure for the periodic inspection and testing of each facility to verify that the plan meets the operational and performance specifications of that facility;

    (b)    details of flight test, if necessary, such as the standards and procedures to be used and flight test interval, which shall be in compliance with guidelines provided by the Authority;

    (c)    the interval between periodic inspection and flight test and the basis for that interval and whenever the interval is changed, the recording and documentation reasons for such change;

    (d)    the operation and maintenance instructions for each facility;

    (e)    an analysis of the number of personnel required to operate and maintain each facility taking into account the workload required;

    (f)    the corrective plan and procedures for each facility, including whether the repair of modules and component are undertaken in-house or by equipment manufacturers and the spare support plan for each facility; and

    (g)    the maintenance plan or the operating and maintenance instructions for each facility shall specify the test equipment requirements for all levels of operation and maintenance undertaken.

    (5) The ANSP shall control the distribution of the operations manual and ensure that it is amended whenever necessary to maintain the accuracy of the information in the operations manual and to keep its contents up-to-date.

14.    Periodic inspection, testing and security of communication facility

    (1) The ANSP shall establish a procedure for the periodic inspection and testing of the communication, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility.

    (2) The ANSP shall ensure—

    (a)    that the appropriate inspection, measuring and testing equipment are available for staff to maintain the operation of each facility; and

    (b)    the control, calibration and maintenance of such equipment so that they have the precision and accuracy necessary for the measurements and tests to be performed.

    (3) The periodic inspection under subregulation (1) shall include the—

    (a)    security of the facility and site;

    (b)    adherence to the approved maintenance programme;

    (c)    upkeep of the equipment, building, site and site services; and

    (d)    adequacy of facility records and documentation.

    (4) The ANSP shall establish a security programme for the communication, navigation and surveillance facility.

    (5) The security programme established under subregulation (4) shall specify the physical security requirements, practices, and procedures to be followed for the purposes of minimising the risk of destruction or damage to, or interference with the operation of communication, navigation and surveillance facility.

    (6) The ANSP shall make a test transmission if—

    (a)    the transmission is necessary to test a service, facility or equipment;

    (b)    within a reasonable time before commencing the transmission, the users have been informed about the transmission;

    (c)    at the commencement of the transmission, the service provider identifies the transmission as a test transmission; and

    (d)    the transmission contains information identifying it as a test transmission.

    (7) The ANSP shall ensure that—

    (a)    CNS systems and services are protected against cyber threats and attacks to a level consistent with the application service requirements;

    (b)    all end-systems supporting air navigation security services shall be capable of authenticating the identity of peer end-systems, authenticating the source of messages and ensuring the data integrity of the messages;

    (c)    strategies and best practices on the protection of the critical information and communications technology systems used for civil aviation purposes are developed and implemented; and

    (d)    policies are established to ensure that, for critical aviation systems—

        (i)    architectures are secured by design,

        (ii)    are resilient,

        (iii)    methods for data transfer are secured, ensuring integrity and confidentiality of data,

        (iv)    monitoring and incident detection and reporting, methods are implemented, and

        (v)    of the forensic analysis of cyber incidents are carried out.

15.    Flight inspection and facility check after accident or incident

    (1) The ANSP shall ensure that radio navigation aids is available for use by aircraft engaged in air navigation and that the radio navigation aids is subjected to periodic ground and facility flight inspections.

    (2) The ANSP shall develop the procedure to check and record the operating condition of any communication, navigation and surveillance facility that may have been used by an aircraft that is involved in an accident or incident.

16.    Radio frequency management and interference reporting

    The ANSP shall—

    (a)    establish the procedure for the management and protection of aeronautical radio spectrum;

    (b)    designate a responsible person to control any frequency allocation within the aeronautical radio spectrum to ensure that there would be no conflict and interference to any radio stations or facility;

    (c)    ensure that there is no willful transmission of unnecessary or anonymous radio signals, messages or data by any of its radio stations;

    (d)    establish procedures with the communication authority to address occurrence of radio frequency interference;

    (e)    ensure that any frequency interference occurrences are reported, investigated and follow-up actions would be taken to prevent recurrence;

    (f)    keep updated records of all allocated frequencies; and

    (g)    ensure that no facility providing radio signals for the purpose of aviation safety shall be allowed to continue in operation, if there is a suspicion or any cause to suspect that the information being provided by that facility is erroneous.

17.    CNS personnel training and other requirements

    (1) The ANSP shall—

    (a)    ensure that the facility employs sufficient number of personnel who possess the skills, qualifications and competencies required in the provision of the aeronautical telecommunication service;

    (b)    provide in the MANSOPS an analysis of the personnel required to perform the communication navigation and surveillance services for each facility taking into account the duties and workload required;

    (c)    develop job descriptions for each of facility staff that would show the job purpose, key responsibilities, and outcome to be achieved by each staff;

    (d)    develop an overall training policy and programme for the organisation;

    (e)    designate an officer in charge of training or on-job training at the operational stations;

    (f)    maintain individual training records for each of the facility staff;

    (g)    conduct a yearly review of the training plan for each staff at the beginning of each year to identify any gaps in competency and changes in training requirement, and prioritise the type of training required for the following year; and

    (h)    ensure that the training requirements of these Regulations are similarly applied to the facility maintenance contractors.

    (2) The on-job training officer under subregulation (1)(e) above shall have satisfactorily completed the on-job training instructional techniques course.

    (3) A person shall not perform a function related to the installation, training, operation or maintenance of any communication, navigation and a surveillance system unless—

    (a)    that person has successfully completed training in the performance of that function in line with the ATSEP competency based training requirements; and

    (b)    the ANSP is satisfied that the technical person is competent in performing that function.

18.    Facility malfunction incident reporting and operational status of communication systems

    (1) The ANSP shall establish procedures for the reporting, collection and notification of the facility malfunction and safety incidents.

    (2) The procedures established in subregulation (1) shall be documented in the MANSOPS.

    (3) The ANSP shall compile reports of the incidents and review such reports periodically with the facility maintenance contractors to—

    (a)    determine the cause of the incidents and determine any adverse trends;

    (b)    implement corrective and preventive actions where necessary to prevent recurrence of the incidents; and

    (c)    implement any measures to improve the safety performance of the aeronautical telecommunication service.

    (4) The ANSP shall—

    (a)    report any serious service failure or safety incident to the Authority and investigate such incidents in order to establish how and why the incident happened, including possible organisational contributing factors and to recommend actions to prevent a recurrence; and

    (b)    ensure that the information on the operational status of each communication, navigation and surveillance facility that is essential for the en route, approach, landing, and take-off phases of flight is provided to meet the operational needs of the service being provided.

19.    Safety case, notification of communication facility status and interruption to service

    (1) The ANSP shall ensure that for safety, critical systems, including automated air traffic control systems, communication systems and instrument landing systems, the commissioning of such systems shall include the conduct of a safety case or equivalent.

    (2) The ANSP shall ensure that human factors principles are observed in the design, operations and maintenance of aeronautical telecommunication facilities.

    (3) The ANSP shall, as soon as possible—

    (a)    forward to the aeronautical information services—

        (i)    information on the operational details of any new facility for publication in the aeronautical information publication, and

        (ii)    information concerning any change in the operational status of any existing facility, for the issue of a notice to airmen; and

    (b)    to ensure that the information forwarded under paragraph (a) has been accurately published.

    (4) The ANSP shall—

    (a)    establish a procedure to be used in the event of interruption of aeronautical information service to an aircraft or when upgrading communication, navigation and surveillance systems; and

    (b)    specify an acceptable recovery time for each service.

PART III
Aeronautical Telecommunication Network (ATN) (regs 20-21)

20.    General requirements for the transmission of ATN to operating agencies

    (1) The ATN shall specifically and exclusively be used to provide digital data communications services to Air traffic service provider facility and aircraft operating agencies in support of—

    (a)    air traffic services communications with aircraft;

    (b)    air traffic services communications between Air traffic service units;

    (c)    Aeronautical Operational Control communications; and

    (d)    Aeronautical Administrative Communications.

    (2) The ATN communication services in subregulation (1) shall support ATN applications.

    (3) The ATN shall make arrangement for the implementation of the Aeronautical Telecommunication Network on the basis of the regional air navigation agreements.

    (4) The operating agencies referred to in subregulation (1) shall specify the area in which the communication standards for the Aeronautical Telecommunication Network, open system interconnection or the Aeronautical Telecommunication Network and the Internet Protocol Suite are applicable.

21.    General requirements for ATN

    (1) The ATN shall either use international organisation for standardisation (ISO), communication standards for Open Systems Interconnection (OSI) or use the Internet Society Communications (ISOC) Standards for the Internet Protocol Suite (IPS).

    (2) The Aeronautical Fixed Telecommunication Network and Aeronautical Message Handling System (AFTN/AMHS) gateway shall ensure the interoperability of AFTN stations and networks with the ATN.

    (3) An authorised path for the AFTN shall be defined on the basis of a predefined routing policy.

    (4) The ATN shall transmit, relay and deliver messages in accordance with the priority classifications and without discrimination or undue delay.

    (5) The ATN shall provide the—

    (a)    means to define data communications that can be carried only over authorised paths for the traffic type and category specified by the user; and

    (b)    communication in accordance with the provided required communication performance.

    (6) The ATN shall operate in accordance with the communication priorities specified in Table 1 and Table 2 of Schedule I to these Regulations.

    (7) The ATN shall enable—

    (a)    the exchange of the application information when one or more authorised paths exist;

    (b)    an aircraft intermediate system to connect to a ground intermediate system via different subnetworks;

    (c)    an aircraft intermediate system to connect to different ground intermediate systems; and

    (d)    the exchange of address information between applications.

    (8) The ATN notify the appropriate application processes when no authorised path exists.

    (9) The ATN shall make provision for the efficient use of limited bandwidth subnetworks.

    (10) The ATN shall be accurate within one second of the UTC where the absolute time of day is used.

PART IV
ATN Application Requirements (regs 22-24)

22.    ATN system application requirements

    (1) During the implementation of air-ground data links, the ATN shall support the data link initiation capability (DLIC) applications.

    (2) The ATN/OSI shall, during the implementation of Air Message Handling Services and security protocols, support the retrieval and modification directory services application.

23.    Air-ground applications requirements

    The ATN shall be capable of supporting one or more of the following applications—

    (a)    automatic dependent surveillance-contract (ADS-C);

    (b)    controller pilot data link communication (CPDLC); and

    (c)    flight information service (FIS) including automatic terminal information service (ATIS) and Meteorological Reports.

24.    Ground-ground applications requirements

    The ATN shall be capable of supporting the following applications—

    (a)    Air Traffic Service Interfacility Data Communication (AIDC); and

    (b)    Air Traffic Service Message Handling Services (ATSMHS) applications.

PART V
ATN Communications Service Requirements (regs 25-30)

25.    ATN/IPS upper layer communications service requirements

    An ATN host shall be capable of supporting the ATN/Internet Protocol Suite upper layers including an application layer.

26.    ATN/OSI upper layer communications service requirements

    An ATN/Open Systems Interconnection end-system shall be capable of supporting the OSI upper layer communications service including session, presentation and application layers.

27.    ATN/IPS communications service requirements

    (1) An ATN host shall be capable of supporting the ATN/IPS including the—

    (a)    transport layer in accordance with Transmission Control Protocols and User Datagram Protocols; and

    (b)    network layer in accordance with Internet Protocol version 6 (IPv6).

    (2) An Internet Protocol Suite router shall support the Aeronautical Telecommunication Network layer in accordance with Internet Protocol version 6 and multiprotocol extensions.

28.    ATN/OSI communications service requirements

    (1) An ATN or the international organisation for standardisation end-system, shall be capable of supporting the Aeronautical Telecommunication Network including the—

    (a)    transport layer in accordance with international organisation for standardisation transport protocol class 4 and optionally connectionless transport protocol (CLTP); and

    (b)    network layer in accordance with international organisation for standardisation, connectionless network protocol.

    (2) An ATN intermediate system shall support the Aeronautical Telecommunication Network layer in accordance with international organisation for standardisation, connectionless network protocol and international organisation for standardisation, inter-domain routing protocol.

29.    ATN naming and addressing requirements

    (1) The ATN shall make provisions for unambiguous application identification and addressing.

    (2) The ATN shall provide provisions for unambiguous addressing.

    (3) The ATN shall provide means to unambiguously address all ATN end-systems and intermediate systems.

    (4) The ATN addressing and naming plans shall allow the Authority and agencies to assign addresses and names within their own administrative domains.

30.    ATN security requirements

    (1) The ATN shall make provisions whereby only the controlling ATS unit may provide ATC instructions to aircraft operating in its airspace.

    (2) The ATN shall enable the recipient of a message to identify the originator of that message.

    (3) The ATN end-systems that supports ATN security services shall be capable of authenticating the—

    (a)    identity of peer end-systems; and

    (b)    source of messages and ensuring the integrity of data messages.

    (4) The ATN shall be protected against service attacks to a level consistent with the application service requirements.

PART VI
Aeronautical Mobile-Satellite (Route) Service (AMS(R)S) (reg 31)

31.    Aeronautical mobile-satellite route service radio frequency characteristics

    (1) The mobile-satellite system which provides for AMS(R)S shall conform to the requirements of this Part and the AMS(R)S system which shall support packet data service, voice service or both.

    (2) The requirements for mandatory carriage of AMS(R)S system equipment shall including the level of system capability made—

    (a)    on the basis of regional air navigation agreements specifying an airspace which is on operation;

    (b)    to implement the timescales for the carriage of equipment; and

    (c)    to include the performance of an Aircraft earth station, the satellite and the ground earth station.

    (3) The agreements specified in subregulation (2) shall provide at least a notice of two years of mandatory carriage of airborne systems.

    (4) The Authority shall co-ordinate with national authorities and service providers for the implementation aspects of an AMS(R)S system that would permit worldwide interoperability and optimum use, as the appropriate requirements.

PART VII
Aeronautical Mobile-Satellite Route Service Frequency Bands Characteristics (regs 32-37)

32.    Frequency bands

    An AMS(R)S system shall operate only in frequency bands when providing AMS(R)S communications, which is appropriately allocated to the aeronautical mobile-satellite route service and shall be protected by the International Telecommunications Union Radio Regulations.

33.    Emissions

    The total emissions of the Aircraft earth station necessary to meet designed system performance shall be controlled to avoid harmful interference to other systems necessary to support safety and regularity of air navigation, installed on the same or other aircraft.

34.    Interference to other AMS(R)S equipment

    The emissions from an AMS(R)S system Aircraft earth station shall not cause harmful or interfere with an Aircraft earth station which provides an aeronautical mobile-satellite route service on a different aircraft.

35.    Susceptibility

    The Aircraft earth station equipment shall operate properly in an interference environment causing a cumulative relative change in its receiver noise temperature ( T/T) of 25 per cent.

36.    Priority and pre-emptive access

    (1) Every Aircraft earth station and ground earth station shall be designed to ensure that messages transmitted in accordance with the Civil Aviation (Communication Procedures) Regulations (Cap. 71:01 (Sub Leg)), including the order of the priority, is not delayed by the transmission and the reception of other types of messages.

    (2) As a means to comply with subregulation (1), the message types not defined under these Regulations, shall be terminated even without warning, in order to allow messages referred to under these Regulations, to be transmitted and received.

    (3) All AMS(R)S data packets and voice calls shall be identified as to their associated priority.

    (4) The AMS(R)S system shall provide voice communications priority over data communications within the same message category.

37.    Signal acquisition and tracking

    (1) The Aircraft earth station, ground earth station and satellites shall properly acquire and track service link signals when the aircraft is moving at a ground speed of up to 1 500 km/h, 800 knots along any heading.

    (2) The Aircraft earth station, ground earth station and satellites shall properly acquire and track service link signals when the component of the aircraft acceleration vector in the plane of the satellite orbit is up to 0.6 g.

PART VIII
Performance Requirements (regs 38-51)

38.    Designated operational coverage

    An AMS(R)S system shall provide air mobile satellite route service throughout the designated operational coverage (DOC).

39.    Failure notification

    (1) An AMS(R)S system shall provide predictions of the time, location and duration of any resultant outages until full service is restored in the event of a service failure.

    (2) The AMS(R)S system shall annunciate a loss of communications capability within 30 seconds of the time when the system detects such a loss.

40.    AES requirements

    (1) The Aircraft earth station shall meet the relevant performance requirements specified in regulation 38 for an aircraft in a straight level flight throughout the designated operational coverage of the satellite system.

    (2) The Aircraft earth station shall meet the relevant performance requirements specified in regulation 38 for the aircraft for the attitudes of +20/-5 degrees of pitch and +/-25 degrees of roll throughout the designated operational coverage (DOC) of the satellite system.

41.    AES and GES origination call processing delay

    (1) The 95th percentile of the time delayed for a GES to present a call from the original event to the terrestrial network interworking interface after a call origination event has arrived at the AES interface shall not be greater than 20 seconds.

    (2) The 95th percentile of the time delayed for an AES to present a call from the original event at its aircraft interface after a call origination event has arrived at the terrestrial network interworking interface shall not be greater than 20 seconds.

42.    Packet data service interface

    The GES system that provides AMS(R)S packet data service shall provide—

    (a)    an interface to the Aeronautical Telecommunication Network; and

    (b)    a connectivity notification function.

43.    Packet data service performance

    (1) If the Aircraft earth station system provides AMS(R)S packet data service, the AMS(R)S system shall meet the standards of regulation 38.

    (2) Where an aeronautical mobile-satellite route service system provides packet data service, it shall be capable of operating as a constituent mobile subnetwork of the Aeronautical Telecommunication Network.

44.    Delay

    (1) The subnetwork entry time shall be less than 90 seconds.

    (2) The from-MS data transit delay, 95th percentile for the highest priority data service, shall be less than or equal to 1.4 seconds over a window of one hour or 600 SDUs, whichever is longer.

    (3) The to-MS data transit delay, 95th percentile for the highest priority data service, shall be less than or equal to 1.4 seconds over a window of one hour or 600 SDUs, whichever is longer.

45.    Delay parameters

    (1) The delay caused for connecting data from GES to AES, shall not be greater than 70 seconds.

    (2) The data transit delay values shall be—

    (a)    based on a fixed subnetwork service data unit length of 128 octets in accordance with ISO 8348; and

    (b)    defined as average values.

    (3) The data transit delay from aircraft shall not be greater than 40 seconds for the highest priority data service.

    (4) The data transit delay from aircraft shall not be greater than 28 seconds for the lowest priority data service.

    (5) The data transit delay to aircraft shall not be greater than 12 seconds for the highest priority data service.

    (6) The data transit delay to aircraft shall not be greater than 28 seconds for the lowest priority data service.

    (7) The data transfer delay, 95th percentile, shall not be greater than 80 seconds for the highest priority data service.

    (8) The data transfer delay, 95th percentile, from-aircraft, shall not be greater than 60 seconds for the lowest priority data service.

    (9) The data transfer delay, 95th percentile, to-aircraft shall not be greater than 15 seconds for the highest priority data service.

    (10) The data transfer delay, 95th percentile, to-aircraft shall not be greater than 30 seconds for the lowest priority data service.

    (11) The connection release delay, 95th percentile, shall not be greater than 30 seconds in either direction.

46.    Call processing delay

    (1) The residual error rate in the from-aircraft direction shall not be greater than 10-4 per subnetwork service data unit.

    (2) The residual error rate in the to-aircraft direction shall not be greater than 10-6 per subnetwork service data unit.

    (3) The probability of a subnetwork connection provider-invoked subnetwork connection release shall not be greater than 10-4 over any one-hour interval.

    (4) The probability of a subnetwork connection provider-invoked reset shall not be greater than 10-1 over any one-hour interval.

47.    Voice service performance

    The system that provides aeronautical mobile-satellite route voice service shall meet the requirements in regulations 48, 49 and 50.

48.    Voice quality

    (1) The voice transmission shall provide overall intelligibility performance suitable for the intended operational and ambient noise environment.

    (2) The total allowable transfer delay within an AMS(R)S subnetwork shall not be greater than 0.485 seconds.

49.    Voice capacity

    The AMS(R)S system shall have sufficient available voice traffic channel resources such that an Aircraft earth station – or ground earth station originated AMS(R)S voice call presented to the system shall experience a probability of blockage of not more than 10-2.

50.    AMS(R)S security requirements

    The AMS(R)S system shall provide features for the protection of the messages in transit from tampering against—

    (a)    the denial of service, degraded performance characteristics, or reduction of system capacity when subjected to external attacks; or

    (b)    unauthorised entry.

51.    System interfaces

    The AMS(R)S system shall allow subnetwork users to address AMS(R)S communications to specific aircraft by means of the ICAO 24-bit Aircraft address.

PART IX
Secondary Surveillance Radar Mode S Air-Ground Data Link Communication (reg 52)

52.    Mode S air-ground data link communication

    Where air-ground data link communication is used by the Secondary Surveillance Radar Mode S, the following shall be implemented—

    (a)    the Mode S characteristics shall be as set out in Schedule 2;

    (b)    the DCE and XDCE state tables shall be as set out in Schedule 3; and

    (c)    the Mode S packet formats shall be as set out in Schedule 4.

PART X
Very High Frequency Air-Ground Digital Link (VDL) (regs 53-68)

53.    Radio channels and functional channels

    (1) An aircraft station radio frequency range shall be capable of tuning to any of the channels in the range as set out in regulation 55 within 100 milliseconds after the receipt of an autotune command.

    (2) An aircraft station for VDL Mode 3 shall be able to tune to any channel in the range set out in regulation 55 within 100 milliseconds after the receipt of any tuning command.

    (3) The ground station radio frequency range shall be capable of operating on assigned channel within the radio frequency range set out in regulation 55.

    (4) The common signalling channel, the Frequency 136.975 MHz shall be reserved as a worldwide common signalling channel for VHF air-ground digital link Mode 2.

54.    System capabilities

    (1) The data transparency and the VHF air-ground digital link system shall provide the code-independent and the byte-independent transfer of data.

    (2) The VHF air-ground digital link system shall provide link layer data broadcast services Mode 2 or voice and data broadcast services Mode 3.

    (3) The VHF air-ground digital link Mode 3 and the data broadcast service shall support network multicasting capability originating from the ground.

    (4) The VHF air-ground digital link system shall establish and maintain a reliable communications path between the aircraft and the ground system while allowing but not requiring manual intervention.

    (5) The VHF air-ground digital link-equipped aircraft shall transition from one ground station to another when circumstances dictate.

    (6) The VHF air-ground digital link Mode 3 system shall support a transparent, simplex voice operation based on a "Listen-Before-Push-To-Talk" channel access.

55.    Air-ground VHF digital link communications system characteristics

    (1) The radio frequencies used for Air-ground VHF digital link communications shall be selected from the radio frequencies in the band 117.975-137 MHz.

    (2) The lowest assignable frequency used for air-ground VHF digital link communications shall be 118.000 MHz, and the highest assignable frequency shall be 136.975 MHz and the separation between assignable frequencies shall be 25 kHz.

    (3) The design polarisation of emissions shall be vertical.

56.    System characteristics of ground installations for VHF air-ground digital link communication

    The VHF air-ground digital link system characteristics for ground installation shall be as set out in Schedule 5.

57.    System characteristics of aircraft installation

    The VHF air-ground digital link system characteristics for aircraft installation shall be as set out in the Schedule 6.

58.    Physical layer protocols and services

    The VHF air-ground digital link systems physical layer protocols and services shall be as set out in—

    (a)    Schedule 7 for aircraft and ground stations; and

    (b)    Schedule 10 for both mobile and ground stations of Mode 4 unless otherwise stated.

59.    Link layer protocols and services

    The VHF air-ground digital link systems link layer protocols and services shall be as set out in the Schedule 8.

60.    Subnetwork layer protocols and services

    The VHF air-ground digital link systems subnetwork layer protocols and services shall be as set out in the Schedule 9.

61.    VDL mobile subnetwork dependent convergence function (SNDCF)

    (1) The Very High Frequency Digital Link (VDL) Mode 2 mobile subnetwork dependent convergence function shall be the standard mobile subnetwork dependent convergence function.

    (2) The VDL Mode 2 mobile subnetwork dependent convergence function shall—

    (a)    support maintaining context across subnetwork calls;

    (b)    use the same context across all Switched Virtual Circuits (SVCs) negotiated to a data terminal equipment (DTE), when negotiated with the same parameters; or

    (c)    support at least 2 Switched Virtual Circuits (SVCs) sharing a context.

62.    VDL Mode 3 subnetwork dependent convergence function

    The VDL Mode 3 shall support—

    (a)    the standard international organisation for standardisation, ISO 8208 subnetwork dependent convergence function as defined in ICAO Doc 9705; and

    (b)    the denoted frame-based subnetwork dependent convergence function.

63.    Voice unit for Mode 3 services

    (1) The voice unit shall provide for a simplex, "push-to-talk" audio and signalling interface between the user and the VDL and two separate mutually exclusive voice circuit types shall be supported.

    (2) There shall be two separate mutually exclusive voice circuit types referred to under subregulation (1) which are—

    (a)    dedicated circuits; and

    (b)    demand assigned circuits.

    (3) The dedicated circuits under subregulation (2)(a) shall provide service to a specific user group on an exclusive basis with no sharing of the circuit with other users outside the group and access shall be based on a "listen-before-push- to-talk" discipline.

    (4) The demand assigned circuits under subregulation (2)(b) shall provide voice circuit access which is arbitrated by the ground station in response to an access request received from the aircraft station and allow dynamic sharing of the channel resource increasing trunking efficiency.

    (5) The voice unit operation shall support a priority override access for authorised ground users.

    (6) The voice unit operation shall support notification to the user of the source of a received message.

    (7) The voice unit shall support a coded squelch operation that offers some degree of rejection of undesired co-channel voice messages based on the burst time of arrival.

64.    Voice unit for Mode 3 speech encoding, parameters and procedures

    The VDL Mode 3 shall use the Advanced Multi-Band Excitation (AMBE), 4.8 kbits/s encoding or decoding algorithm, version number AMBE-ATC-10, developed by Digital Voice Systems, incorporated for voice communications.

65.    VDL Mode 4 radio channels

    (1) The VDL Mode 4 transmitter or receiver shall be capable of tuning to any of the 25 kHz channels from 112 MHz to 137 MHz.

    (2) The VDL Mode 4 station shall be capable of receiving two channels simultaneously.

    (3) The VDL Mode 4 stations shall use two assigned frequencies as global signalling channels, to support the user communications and link management functions.

66.    VDL Mode 4 system capabilities

    (1) The VDL Mode 4 system shall—

    (a)    support ATN/lPS-compliant subnetwork services;

    (b)    provide code-independent and byte-independent transfer of data;

    (c)    provide link layer broadcast services;

    (d)    provide link layer point-to-point services;

    (e)    provide air-air communications, without ground support, as well as air-ground communications;

    (f)    establish and maintain a reliable communications path between the aircraft and the ground system while allowing, but not requiring, manual intervention when supporting air-ground operations; and

    (g)    provide the capability for deriving time from time-of-arrival measurements of received VDL Mode 4 transmissions whenever externally derived estimates of time are unavailable.

    (2) The Mobile VDL Mode 4 DLS station shall transition from one ground VDL Mode 4 DLS station to another as required.

    (3) The Mobile and ground VDL Mode 4 stations shall access the physical medium operating in simplex mode.

67.    Co-ordination of channel utilisation

    The transmissions shall be scheduled relative to UTC, to ensure efficient use of shared channels and to avoid unintentional slot re-use on a regional basis.

68.    Physical layer protocols and services

    The requirements set out in Schedule 19 shall apply to both mobile and ground stations.

PART XI
Aeronautical Mobile Airport Communications System (AeroMACS) (regs 69-81)

69.    AeroMACS general requirements

    (1) The AeroMACS shall—

    (a)    conform to the requirements contained in these Regulations;

    (b)    only transmit when on the surface of an Aerodrome;

    (c)    support aeronautical mobile (route) service AMS(R)S communications;

    (d)    process messages according to their associated priority;

    (e)    support multiple levels of message priority;

    (f)    support point-to-point communication;

    (g)    support multicast and broadcast communication services;

    (h)    support internet protocol packet data services;

    (i)    provide mechanisms to transport Aeronautical Telecommunication Network or Internet Protocol Suite and Aeronautical Telecommunication Network open system internet over internet protocol based messaging;

    (j)    support voice services;

    (k)    support multiple service flows simultaneously;

    (l)    support adaptive modulation and coding;

    (m)    support handover between different AeroMACS BSs during aircraft movement or on degradation of connection with current Base station;

    (n)    keep total accumulated interference levels with limits defined by the International Telecommunication Union-Radio communication Sector (ITU-R) as required by national or international rules on frequency assignment planning and implementation; and

    (o)    support a flexible implementation architecture to permit link and network layer functions to be located in different or same physical entities.

    (2) For purpose of this section, "adaptive modulation" means a system’s ability to communicate with another system using multiple burst profiles and a system’s ability to subsequently communicate with multiple systems using different burst profiles.

70.    Radio frequency (RF) general characteristics

    (1) The AeroMACS shall operate—

    (a)    in time division duplex mode;

    (b)    with a 5 MHz channel bandwidth;

    (c)    without guard bands between adjacent AeroMACS channels; and

    (d)    according to the orthogonal frequency division multiple access method.

    (2) The AeroMACS MS antenna polarisation shall have a vertical component.

    (3) The AeroMACS shall support both segmented partial usage sub-channelisation (PUSC) and PUSC with all carriers as sub-carrier permutation methods.

71.    Radio frequency (RF) bands

    (1) The AeroMACS equipment shall operate in the band from 5 030 MHz to 5 150 MHz in channels of 5 MHz bandwidth.

    (2) The mobile equipment shall operate at the centre frequencies offset from the preferred frequencies, with an offset of 250 kHz step size.

72.    Radiated power

    (1) The maximum Mobile station equivalent isotropic radiated power (EIRP) shall not exceed 30 dBm.

    (2) The maximum Base station EIRP in a sector shall not exceed 39.4 dBm.

    (3) The total Base station EIRP in a sector shall be decreased from that peak, considering the antenna characteristics, at elevations above the horizon, in order to meet the ITU requirements.

73.    Minimum receiver sensitivity

    The AeroMACS receiver sensitivity shall comply with Table 7-1, set out in Schedule 18 AeroMACS of the receiver sensitivity values.

74.    Spectral mask and emissions

    (1) When all active sub-carriers are transmitted in the channel, the power spectral density of the emissions, shall be attenuated below the maximum power spectral density as follows—

    (a)    on any frequency removed from the assigned frequency between 50 and 55 per cent of the authorised bandwidth: 26 + 145 log (per cent of BW/50) dB;

    (b)    on any frequency removed from the assigned frequency between 55 and 100 per cent of the authorised bandwidth: 32 + 31 log (per cent of (BW)/55) dB;

    (c)    on any frequency removed from the assigned frequency between 100 and 150 per cent of the authorised bandwidth: 40 + 57 log (per cent of (BW)/100) dB; and

    (d)    on any frequency removed from the assigned frequency beyond 150 per cent of the authorised bandwidth: 50 dB.

    (2) The AeroMACS shall implement power control.

    (3) The AeroMACS minimum rejection for adjacent (+/–5MHz) channel, measured at BER=10-6 level for a victim signal power 3 dB higher than the receiver sensitivity, shall be 10 dB for 16 QAM 3/4.

    (4) The AeroMACS minimum rejection for adjacent (+/–5MHz) channel, measured at BER=10-6 level for a victim signal power 3 dB higher than the receiver sensitivity, shall be 4 dB for 64 QAM 3/4.

    (5) The AeroMACS minimum rejection for second adjacent (+/–10MHz) channel and beyond, measured at BER=10-6 level for a victim signal power 3 dB higher than the receiver sensitivity, shall be 29 dB for 16 QAM 3/4.

    (6) The AeroMACS minimum rejection for second adjacent (+/–10MHz) channel and beyond, measured at BER=10-6 level for a victim signal power 3 dB higher than the receiver sensitivity, shall be 23 dB for 64 QAM 3/4.

75.    Frequency tolerance

    (1) The AeroMACS BS reference frequency accuracy shall be better than +/–2 x 10-6 of reference frequency.

    (2) The AeroMACS MS reference frequency shall be locked to that of the BS centre frequency with an accuracy better than 2 per cent of the subcarrier spacing.

    (3) The AeroMACS MS shall track the frequency of the BS and shall defer any transmission if synchronisation is lost or exceeds the tolerances given above.

76.    AeroMACS communications service provider

    (1) The maximum—

    (a)    unplanned service outage duration on a per Aerodrome basis shall be six minutes;

    (b)    accumulated unplanned service outage time on a per Aerodrome basis shall be 240 minutes year; and

    (c)    number of unplanned service outages shall not exceed 40 per year per Aerodrome.

    (2) The probability that a transaction will be completed once started shall be at least 0.999 for AeroMACS over every one hour interval.

77.    Doppler shift

    The AeroMACS shall operate with a doppler shift induced by the movement of the main station up to a radial speed of 92.6 km 50 NM per hour, relative to the Base station.

78.    Integrity

    (1) The AeroMACS Base station and main station shall—

    (a)    support mechanisms to detect and correct corrupt SNSDUs; and

    (b)    only process SNSDUs addressed to themselves.

    (2) The residual error rate, to or from MS shall be less than or equal to 5 x 10-8 per SNSDU.

    (3) The maximum bit error rate shall not exceed 10-6 after CTC-FEC, if the received signal is equal to or greater than the minimum sensitivity level for the modulations scheme used, as given in Table 7-1 set out in Schedule 18.

79.    AeroMACS security requirements

    (1) The AeroMACS shall provide—

    (a)    a capability to protect the integrity of messages in transit;

    (b)    a capability to protect the availability of the system;

    (c)    a capability to protect the confidentiality of messages in transit;

    (d)    an authentication capability;

    (e)    a capability to ensure the authenticity of messages in transit; and

    (f)    a capability to authorise the permitted actions of users of the system.

    (2) The AeroMACS shall provide capability to prevent intrusion from lower integrity to higher integrity domain, if AeroMACS provide interfaces to multiple domains.

80.    System interface

    The AeroMACS shall—

    (a)    provide data service interface to the system users; and

    (b)    support notification of the status of communications.

81.    Application requirements

    (1) The AeroMACS shall support multiple classes of services to provide appropriate service levels to applications.

    (2) The AeroMACS shall pre-empt services with a lower priority, when there is a resource contention than set out under these Regulations or Communication Regulatory Procedures.

PART XII
Aeronautical Fixed Telecommunication Network (AFTN) (regs 82-84)

82.    Characteristics of Interregional Aeronautical Fixed Service (AFS) circuits

    The interregional AFS circuits being implemented or upgraded shall—

    (a)    employ the high quality telecommunications service and modulation rate; and

    (b)    take into account traffic volumes expected under both normal and alternate route conditions.

83.    Technical provisions relating to international ground-ground data interchange at medium and higher signalling rates

    The technical provisions related to international ground-ground data interchange at medium and higher signalling rates for AFTN networks shall be as set out in Schedule 11.

84.    Aircraft addressing system

    (1) The Aircraft address shall be one of 16 777 214 twenty-four-bit Aircraft addresses allocated by ICAO to the State of registry or common mark registering authority and assigned as specified under Schedule 12.

    (2) The non-aircraft transponders that are installed on aerodrome surface vehicles, obstacles or fixed Mode S target detection devices for surveillance or radar monitoring purposes shall be assigned 24-bit Aircraft addresses.

    (3) The Mode S transponders used in accordance with subregulation (2) shall not have negative impact on the performance of existing ATS surveillance systems and ACAS.

PART XIII
Point-to-Multipoint Communications (regs 85-86)

85.    Service via satellite for dissemination of aeronautical information

    The point-to-multipoint telecommunication service via satellite to support the dissemination of Aeronautical Information shall be based on full-time, and the non-pre-emptible, protected services as defined in the relevant Telecommunication Standardisation Sector of the International Telecommunications Union Recommendations.

86.    Service via satellite for dissemination of World Area Forecast System (WAFS) products

    The World Area Forecast System (WAFS) characteristics shall include the—

    (a)    frequency-C-band, earth-to-satellite, 6 GHz band, satellite-to-earth, 4 GHz band;

    (b)    capacity with effective signalling rate of not less than 9 600 bits/s;

    (c)    bit error rates — better than 1 in 107;

    (d)    forward error correction; and

    (e)    availability 99.95 per cent.

PART XIV
High Frequency Data Link (HFDL) System (regs 87-95)

87.    System architecture

    The High Frequency Data Link (HFDL) system shall—

    (a)    consist of one or more ground and aircraft station subsystems, which implement the High Frequency Data Link protocol set out under regulation 73; and

    (b)    include a ground management subsystem set out under regulation 74.

88.    Aircraft and ground station subsystems

    The HFDL aircraft station and the HFDL ground station subsystems shall include the following functions—

    (a)    the HF transmission and reception;

    (b)    data modulation and demodulation; and

    (c)    the HFDL protocol implementation and frequency selection.

89.    Operational coverage

    The frequency assignments for HFDL shall be protected throughout their designated operational coverage area.

90.    Requirements for carriage of HFDL euipment

    (1) The requirements for mandatory carriage of HFDL equipment shall be made on the basis of regional air navigation agreements that specify the airspace of operation and the implementation timescale.

    (2) The agreement in subregulation (1) shall provide advance notice of at least two years for the mandatory carriage of airborne systems.

91.    Ground station networking

    The HFDL ground station subsystems shall interconnect through a common ground management subsystem.

92.    Ground station synchronisation

    (1) The synchronisation of HFDL ground station subsystems shall be to within ±25 ms of UTC.

    (2) For any station not operating within ±25 ms of UTC, appropriate notification shall be made to all aircraft and ground station subsystems to allow for continued system operation.

93.    Quality of service

    (1) The undetected error rate for a network user packet which contains between 1 and 128 octets of user data shall be equal to or less than 1 in 106.

    (2) The transit and transfer delays for network user packets of 128 octets shall not exceed the values of the specifications in Table 11-1 as set out under Schedule 15.

94.    HF data link protocol

    The HFDL protocol shall consist of a physical layer, a link layer, and a subnetwork layer, as set out under Schedule 13.

95.    Ground management subsystem

    The ground management subsystem shall—

    (a)    perform the functions necessary to establish and maintain communications channels between the HFDL ground and aircraft station subsystems; and

    (b)    interface with the ground station subsystem in order to exchange control information required for frequency management, system table management, log status management, channel management, and quality of service data collection.

PART XV
Universal Access Transceiver (UAT) (regs 96-97)

96.    Universal access transceiver system characteristics of aircraft and ground stations

    The universal access transmitter physical layer and system characteristics of aircraft and ground stations shall be as set out under Schedule 14.

97.    Mandatory carriage requirements

    The requirements for mandatory carriage of UAT equipment shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time.

PART XVI
Aeronautical Mobile Service (regs 98-100)

98.    Air-ground VHF communication system characteristics

    (1) The characteristics of the air-ground VHF communication system used in the International Aeronautical Mobile Service shall be in conformity with the specifications as set out in Schedule 15.

    (2) The air-ground VHF Communication systems characteristics for both ground and airborne installation shall conform to the specifications set out in Schedule 15.

99.    Single Side Band (SSB) HF communication system characteristics

    The characteristics of the air-ground HF Single Side Band system where used in the Aeronautical Mobile Service, shall be in conformity with the specifications set out in Schedule 15.

100.    Selective Calling System (SELCAL)

    (1) Where a Selective Calling System (SELCAL) is installed, the system characteristics set out in Schedule 16.

    (2) The Aeronautical Stations which are required to communicate with SELCAL-equipped aircraft shall have SELCAL encoders in accordance with the red group specified in the table of tone frequencies set out in Schedule 16.

    (3) The SELCAL codes using the tones Red P, Red Q, Red R, and Red S shall be assigned after 1 September 1985.

PART XVII
Aeronautical Speech Circuits (reg 101)

101.    Technical provisions relating to international aeronautical speech circuit switching and signalling for ground-ground applications

    (1) The use of circuit switching and signalling to provide speech circuits to interconnect ATS units not interconnected by dedicated circuits shall be by agreement between the administrations concerned.

    (2) The application of aeronautical speech circuit switching and signalling shall be made on the basis of regional air navigation agreements.

    (3) The Air Traffic Control communication requirements defined in the Civil Aviation (Air Traffic Services) Regulations (Cap. 71:01 (Sub. Leg.)), shall be met by the implementation of one or more of the following basic three call types—

    (a)    instantaneous access;

    (b)    direct access; and

    (c)    indirect access.

    (4) Subject to subregulation (3), the following functions shall be provided in order to meet the requirements set out in the Civil Aviation (Air Traffic Services) Regulations by—

    (a)    means of indicating the calling or called party identity;

    (b)    means of initiating urgent or priority calls; and

    (c)    conference capabilities.

    (5) The characteristics of the circuits used in aeronautical speech circuit switching and signalling shall conform to the appropriate ISO/IEC international standards and the Telecommunication Standardisation Sector of the International Telecommunications Union recommendations.

    (6) The Digital signalling system shall be used wherever the use of such system can be justified in terms of any of the following—

    (a)    improved quality of service;

    (b)    improved user facilities; or

    (c)    reduced costs where quality of service is maintained.

    (7) The characteristics of supervisory tones to be used such as ringing, busy, number unobtainable shall conform to the appropriate Telecommunication Standardisation Sector of the International Telecommunications Union, recommendations.

    (8) The international aeronautical telephone network numbering scheme shall be used to take the advantage of the benefits of the interconnecting of the regional and national aeronautical speech networks.

PART XVIII
Emergency Locator Transmitter for Search and Rescue (regs 102-106)

102.    Operating frequencies

    (1) The installations of Emergency Locator Transmitters operating on 406 MHz shall meet the provisions specified in regulation 106.

    (2) The installations of Emergency Locator Transmitters operating on 121.5 MHz shall meet the provisions specified in regulation 105.

    (3) The Emergency Locator Transmitters shall operate on 406 MHz and 121.5 MHz simultaneously.

    (4) The Emergency Locator Transmitters installed on or after 1st January, 2002 shall operate simultaneously on 406 MHz and 121.5 MHz.

    (5) The technical characteristics for the 406 MHz component of an integrated ELT shall be in accordance with regulation 106.

    (6) The technical characteristics for the 121.5 MHz component of an integrated ELT shall be in accordance with regulation 105.

103.    Emergency Locator Transmitters register

    (1) The Authority shall make arrangements to have 406 MHz Emergency Locator Transmitters register and to ensure that the register is updated whenever necessary.

    (2) The Authority shall make available the registered information regarding the Emergency Locator Transmitters to search and rescue authorities.

    (3) The Emergency Locator Transmitters register information shall include the following—

    (a)    transmitter identification expressed in the form of an alphanumerical code of 15 hexadecimal characters;

    (b)    transmitter manufacturer, model and serial number;

    (c)    COSPAS-SARSAT (type approval number);

    (d)    name, address and emergency telephone number of the owner and operator;

    (e)    name, address and telephone number of other emergency contacts to whom the owner or the operator is known;

    (f)    aircraft manufacturer and type; and

    (g)    colour of the aircraft.

104.    Specification for 121.5 MHz component of Emergency Locator Transmitter

    (1) The Emergency Locator Transmitters shall operate on 121.5 MHz and the frequency tolerance shall not exceed plus or minus 0.005 per cent.

    (2) The emission from an Emergency Locator Transmitter under normal conditions and attitudes of the antenna shall be vertically polarised and essentially omni-directional in the horizontal plane.

    (3) The Peak Effective Radiated Power shall at no time be less than 50 Mw over a period of 48 hours of continuous operation, at an operating temperature of minus 20?C.

    (4) The type of emission shall be A3X and any other type of modulation that meets the requirements of subregulations (5), (6) and (7) shall be used, provided that the emission does not prejudice precise location of the beacon by homing equipment.

    (5) The carrier shall be amplitude modulated at a modulation factor of at least 0.85.

    (6) The modulation applied to the carrier shall have a minimum duty cycle of 33 per cent.

    (7) The emission shall have a distinctive audio characteristic achieved by amplitude modulating the carrier with an audio frequency sweeping downward over a range of not less than 700 Hz within the range 1 600 Hz to 300 Hz and with a sweep repetition rate of between 2 Hz and 4 Hz.

    (8) The emission shall include a clearly defined carrier frequency distinct from the modulation sideband components; in particular, at least 30 per cent of the power shall be contained at all times within plus or minus 30 Hz of the carrier frequency on 121.5 MHz.

105.    Specification for 406 MHz component of Emergency Locator Transmitter

    (1) The Emergency Locator Transmitter shall operate on one of the frequency channels assigned for use in the frequency band 406.0 to 406.1 MHz.

    (2) The period between transmissions shall be 50 seconds plus or minus 5 per cent.

    (3) The transmitter power output shall be within the limits of 5 W plus or minus 2 dB over a period of 24 hours of continuous operation at an operating temperature of -20?C.

    (4) The 406 MHz Emergency Locator Transmitter shall be capable of transmitting a digital message.

106.    Transmitter identification coding

    (1) The Emergency Locator Transmitter operating on 406 MHz shall be assigned a unique coding for identification of the transmitter or aircraft on which it is carried.

    (2) The Emergency Locator Transmitter shall be coded in accordance with either the aviation user protocol or one of the serialised user protocols set out in Schedule 17 and shall be registered with the appropriate Authority.

PART XIX
Exemptions (regs 107-109)

107.    Application requirements for exemption

    The application for an exemption shall be in writing and shall specify the time when the aviation service provider is expected by the Authority to fully comply.

108.    Review and publication of application

    (1) The Authority shall review the application for exemption made under regulation 107 for accuracy and compliance and if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within 14 days, in either—

    (a)    the Gazette; or

    (b)    aeronautical information circular; or

    (c)    a newspaper circulating locally.

    (2) Where an applicant fails to comply with the requirements under these Regulations, the Authority shall request the applicant in writing, to comply prior to the publication or making of a decision under subregulation (1).

    (3) If the application under these Regulation is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

109.    Evaluation of application

    (1) The Authority shall conduct an evaluation of the application, where the applicant has complied with the requirements under regulation 107, to include a—

    (a)    determination of whether an exemption would be in the public interest;

    (b)    determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis;

    (c)    determination of whether a grant of the exemption would contravene these Regulations; and

    (d)    recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

    (2) The Authority shall notify the applicant in writing of the decision to grant or deny the application and shall publish a detailed summary of its evaluation decision in either—

    (a)    the Gazette; or

    (b)    aeronautical information circular; or

    (c)    a newspaper circulating locally.

    (3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

    (4) The Authority shall, if the exemption affects a significant population of the aviation community of Botswana, publish the summary in aeronautical information circular.

PART XX
General Provisions (regs 110-113)

110.    Drug and alcohol testing and reporting

    (1) Any person who operates as an aircraft whether directly or by contract may be tested for drug or alcohol usage.

    (2) Any person who—

    (a)    refuses to undergo a test to show the result of alcohol in the blood; or

    (b)    refuses to undergo a test to show the result of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body,

when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

        (i)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal, or

        (ii)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

    (3) Any person who is convicted for the violation of any law relating to the growing, processing, manufacturing, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

    (a)    be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

    (b)    have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

111.    Reports of violation

    (1) Any person who is aware of a violation of the Act, shall report it to the Authority.

    (2) The Authority may determine the nature and type of investigation or enforcement action that need to be taken.

112.    Failure to comply with direction

    Any person who fails to comply with any direction given to him or her by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

113.    Aeronautical fees

    (1) The Authority shall notify the applicant in writing of the fees to be charged in connection with the issuance, renewal or variation of any certificate, test, inspection or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made there under.

    (2) The applicant shall be required, before the application is accepted, to pay the fee so chargeable upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1).

    (3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

PART XXI
Offences, Penalties and Appeals (regs 114-116)

114.    Contravention of Regulations

    Any person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

115.    Offences and penalties

    (1) Any person who contravenes any provision of these Regulations shall be liable to a fine not exceeding P 100 000 or to imprisonment for a term not exceeding more than six months, or to both.

    (2) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

116.    Appeals

    Any person aggrieved by the decision of the Authority under these Regulations may, within 14 days of such decision, appeal to the Tribunal established under the Act.

SCHEDULE 1

(regs 20(1), (2), (3), (4), 21(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), 22(1), (2), 23, 24, 25, 26, 27(1), (2), 28(1), (2), 29(1), (2), (3), and 30(1), (2), (3))

 

 

SCHEDULE 2
SSR MODE S AIR-GROUND DATA LINK

(reg 52)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 3

(reg 52(b))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 4

(reg 52(c))

 

 

 

 

 

 

 

 

SCHEDULE 5
VHF AIR-GROUND DIGITAL LINK (VDL)

(regs 53(2), (4), 54(1), (2), (3), (4), (5), (6), 55(1), 56, 57, 58, 59, 60, 61(1), 62, 63(1), (2), 64, 65(1), (2), (3), 66(1)(g), (2), (3))

 

 

SCHEDULE 6
VHF AIR-GROUND DIGITAL LINK (VDL)

(regs 57, 58, 59, 60, 61(1), (2), 62, 63(1), (2), 64, 65(1), (2), (3), 66(1)(g), (2), (3))

 

 

 

SCHEDULE 7
VHF AIR-GROUND DIGITAL LINK

(reg 58(a))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 8
VHF AIR-GROUND DIGITAL LINK SYSTEMS

(regs 54(1), (2), (4), (5), (6), 56, 57, 58, 59 and 60)

 

 

SCHEDULE 9
VHF AIR-GROUND DIGITAL LINK SYSTEMS

(regs 54(1), (2), (4), (5), (6), 56, 57, 58, 59 and 60)

 

SCHEDULE 10
VDL MODE 4

(regs 58(b), 65(1), (2), (3), 66(1)(g), (2), (3))

 

 

 

 

 

 

SCHEDULE 11

(reg 83)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 12
A WORLDWIDE SCHEME FOR THE ALLOCATION, ASSIGNMENT AND APPLICATION OF AIRCRAFT ADDRESSES

(reg 84)

 

 

 

 

 

 

 

 

SCHEDULE 13

(reg 94)

 

 

 

 

 

 

 

 

 

 

SCHEDULE 14
UNIVERSAL ACCESS TRANSCEIVER (UAT)

(regs 96 and 97)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 15
AERONAUTICAL MOBILE SERVICE

(regs 93(2), 98(1), (2) and 99)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 16

(regs 100(1), (2))

 

 

SCHEDULE 17

(regs 106(1), (2))

 

 

 

 

 

 

 

SCHEDULE 18

(regs 73, 78)

 

SCHEDULE 19

(reg 68)

 

 

 

 

 

 

 

CIVIL AVIATION (AERODROMES DESIGN AND OPERATIONS) REGULATIONS

(section 89)

(23rd June, 2022)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary Provisions

    1.    Citation

    2.    Interpretation

    3.    Use of common reference systems

    4.    Categories of aerodromes and requirements for operation of aerodromes

PART II
Construction of Aerodromes

    5.    Application for aerodrome establishment certificate

    6.    Issuance and validity of aerodrome establishment certificate

    7.    Design and construction of aerodromes

    8.    Requirements for aerodrome design

    9.    Aerodrome reference code

PART III
Obligations of Aerodrome Operator

    10.    Compliance with conditions

    11.    Competence of operational and maintenance personnel

    12.    Aerodrome operations and maintenance

    13.    Safety Management System

    14.    Storage of inflammable and other dangerous goods

    15.    Safety measures against fire

    16.    Access to and operations within restricted areas

    17.    Entry into or exit from restricted areas of aerodrome

    18.    Test-running of aircraft engine

    19.    Prohibited acts on aerodrome

    20.    Removal of obstructions from aerodrome movement surfaces

    21.    Maintenance of environmental management programme

    22.    Protection of navigation aids

    23.    Responsibilities of operator

    24.    Inspection of aerodromes and unhindered access by inspectors of Authority

    25.    Notifying and reporting

    26.    Aerodrome movement area inspections

    27.    Special inspections

    28.    Warning notices

PART IV
Aerodrome Data

    29.    Aeronautical data

    30.    Aerodrome reference point

    31.    Aerodrome and runway elevation

    32.    Aerodrome reference temperature

    33.    Aerodrome dimensions and related information

    34.    Strength of pavements

    35.    Pre-flight altimeter check location

    36.    Declared distances

    37.    Condition of movement area and related facilities

    38.    Water on runway

    39.    Removal of disabled aircraft

    40.    Level of protection of rescue and firefighting

    41.    Visual approach slope indicator system

    42.    Co-ordination between aeronautical information services and aerodrome authorities

PART V
Wildlife Hazard Management

    43.    Animals not allowed in restricted areas of aerodrome

    44.    Wildlife hazard management

    45.    Wildlife strike hazard reduction at aerodrome

    46.    National Committee on Wildlife Hazard Management

    47.    Assessment of wildlife strike hazards at aerodrome

PART VI
Aerodrome Physical Characteristics

    48.    Conditions for operating aerodrome

    49.    Standard for physical characteristics of aerodrome

    50.    Number and orientation of runways

    51.    Maximum permissible cross-wind component

    52.    Data to be used for calculation of runway usability factor

    53.    Location of threshold

    54.    Determination of actual length of runways

    55.    Determination of width of runway

    56.    Determination of minimum distance between parallel runways

    57.    Slopes on runways

    58.    Strength of runways

    59.    Surface of runways

    60.    Runway shoulders

    61.    Runway turn pads

    62.    Runway strips

    63.    Slopes on runway strips

    64.    Runway End Safety Area

    65.    Clearways

    66.    Stopways

    67.    Radio altimeter operating area

    68.    Taxiways

    69.    Rapid exit taxiways

    70.    Taxiway on bridges

    71.    Taxiway shoulders

    72.    Taxiway strips

    73.    Holding bays, runway-holding positions, intermediate holding positions and road holding positions

    74.    Aprons

    75.    Isolated aircraft parking

PART VII
Obstacle Restrictions and Removal

    76.    Erection of obstacles

    77.    Establishment of obstacle limitation surfaces

    78.    Obstacle limitation surfaces

    79.    Conical surfaces

    80.    Inner horizontal surface

    81.    Approach surface

    82.    Inner approach surface

    83.    Transitional surface

    84.    Inner transitional surface

    85.    Balked landing surface

    86.    Take-off climb surface

    87.    Obstacle limitation requirements for non-instrument runways

    88.    Obstacle limitation requirements for non-precision approach runways

    89.    Obstacle limitation requirements for precision approach runways

    90.    Obstacle limitation requirements for runways meant for take-off

    91.    Objects outside obstacle limitation surfaces

    92.    Other objects

    93.    Authorisation to construct within vicinity of aerodrome

    94.    Removal of obstacle

PART VIII
Aeronautical Ground Lighting

    95.    Application of this Part

    96.    Establishment and maintenance of aeronautical ground lights

    97.    Secondary power supply

    98.    Aeronautical beacons

PART IX
Visual Aids for Navigation

    99.    Wind direction indicators

    100.    Landing direction indicator

    101.    Signalling lamp

    102.    Signal panel and signalling area

    103.    Markings

    104.    Runway designation marking

    105.    Runway centreline marking

    106.    Threshold markings

    107.    Aiming point marking

    108.    Touchdown zone marking

    109.    Runway side stripe marking

    110.    Taxiway centreline marking

    111.    Taxi side stripe marking

    112.    Runway turn pad marking

    113.    Runway-holding position marking

    114.    Intermediate holding position marking

    115.    VOR aerodrome checkpoint marking

    116.    Aircraft stand marking

    117.    Apron safety lines

    118.    Road-holding position marking

    119.    Mandatory instruction markings

    120.    Information marking

    121.    Lights which may endanger safety of aircraft

    122.    Laser emission which may endanger safety of aircraft

    123.    Lights which may cause confusion

    124.    Elevated approach lights

    125.    Elevated lights

    126.    Surface lights

    127.    Light intensity and control

    128.    Emergency lighting

    129.    Aerodrome beacons

    130.    Aeronautical beacons

    131.    Identification beacon

    132.    Simple approach lighting system

    133.    Precision approach category I lighting system

    134.    Precision approach category II and III lighting system

    135.    Visual approach slope indicator system

    136.    Approach slope and elevation setting of light beams

    137.    PAPI and APAPI

    138.    Approach slope and elevation setting of the light units

    139.    Obstacle protection, AVASIS, T-VASIS, PAPI and APAPI

    140.    Circling guidance lights

    141.    Runway lead-in lighting systems

    142.    Runway threshold identification lights

    143.    Runway edge lights

    144.    Runway threshold and wing bar lights

    145.    Runway end lights

    146.    Runway centreline lights

    147.    Runway touchdown zone lights

    148.    Simple touchdown zone lights

    149.    Rapid exit taxiway indicator lights

    150.    Stopway lights

    151.    Taxiway centreline lights

    152.    Taxiway centreline lights on taxiways

    153.    Taxiway centreline lights on other exit taxiways

    154.    Taxiway centreline lights on runways

    155.    Taxiway edge lights

    156.    Runway turn pad lights

    157.    Stop bars

    158.    Intermediate holding position lights

    159.    Runway guard lights

    160.    Apron floodlighting

    161.    Visual docking guidance system

    162.    Azimuth guidance unit

    163.    Stopping position indicator

    164.    Advanced Visual Docking Guidance System

    165.    Aircraft stand manoeuvring guidance lights

    166.    Road-holding position light

    167.    No-entry bar

    168.    Runway status lights

    169.    Signs

    170.    Mandatory instruction sign

    171.    Information signs

    172.    VOR aerodrome checkpoint sign

    173.    Aerodrome identification sign

    174.    Aircraft stand identification sign

    175.    Road-holding position sign

    176.    Unpaved runways edge markers

    177.    Stopway edge markers

    178.    Taxiway edge markers

    179.    Taxiway centreline markers

    180.    Unpaved taxiway edge markers

    181.    Boundary markers

PART X
Visual Aids for Denoting Obstacle

    182.    Provision of visual aids for denoting obstacles

    183.    Marking and lighting of objects within the lateral boundaries of obstacle limitation surfaces

    184.    Marking and lighting of objects outside the lateral boundaries of the obstacle limitation surfaces

    185.    Marking and/or lighting of objects

    186.    Marking and lighting of mobile objects

    187.    Intensity and colour of obstacle lights

    188.    Marking of fixed objects

    189.    Lighting of fixed medium objects

    190.    Lighting of objects with height less than 45 m above ground level

    191.    Lighting of objects with a height 45 m or more to a height less than 150 m above ground level

    192.    Lighting of objects with a height 150 m or more above ground level

    193.    Marking of wind turbines

    194.    Lighting of wind turbines

    195.    Marking of overhead wires, cables and supporting towers

    196.    Lighting of overhead wires, cables and supporting towers

PART XI
Visual Aids for Denoting Restricted Use Areas

    197.    Marking of restricted use areas

    198.    Marking and lighting of closed runways and taxiways, or parts thereof

    199.    Marking of non-load bearing surfaces

    200.    Marking of pre-threshold areas

    201.    Marking and lighting of unserviceable areas

PART XII
Aerodrome Operational Services, Equipment, Installations and Facilities

    202.    Immigration, customs and excise aerodromes

    203.    Supply of aviation fuel to aircraft

    204.    Aerodrome emergency planning

    205.    Emergency planning committee

    206.    Emergency operations centre and command post

    207.    Aerodrome emergency exercise

    208.    Emergencies in difficult environment

    209.    Establishment of aerodrome rescue and firefighting services

    210.    Determination of aerodrome rescue and firefighting category

    211.    Level of protection for rescue and firefighting services

    212.    Provision of reserve supplies of water and foam for firefighting vehicles

    213.    Rescue equipment

    214.    Response time for rescue and firefighting services

    215.    Establishment of emergency access roads

    216.    Rescue and firefighting service stations

    217.    Provision of communication and alerting systems for rescue and firefighting service

    218.    Minimum number of rescue and firefighting vehicles

    219.    Requirements for rescue and firefighting personnel

    220.    Removal of disabled aircrafts

    221.    Apron management service

    222.    Ground servicing of aircrafts

    223.    Aerodrome vehicle operation

    224.    Surface movement guidance and control systems

    225.    Siting of equipment and installations on operational areas

    226.    Location, construction and installation of equipment on operational areas

    227.    Fencing of aerodromes and installations

    228.    Security lighting of aerodrome fence

    229.    Maintenance of safety inspection programme

    230.    Establishment of fire prevention unit and maintenance of fire prevention programme

    231.    Access of ground vehicles to aerodrome movement area

    232.    Autonomous Runway Incursion Warning System

    233.    Operation of aircraft exceeding certified characteristics of an aerodrome

PART XIII
Aerodrome Maintenance

    234.    Application of this Part

    235.    Maintenance programme

    236.    Maintenance of movement and adjacent areas

    237.    Removal of contaminants

    238.    Runway pavement overlays

    239.    Preventive maintenance of visual aids

    240.    Construction or maintenance activity during low visibility operations

    241.    Works at aerodromes

PART XIV
Electrical Systems

    242.    Application of this Part

    243.    Electrical power supply systems for air navigation services and facilities

    244.    Electrical system design and operation

    245.    Monitoring of electrical systems

PART XV
Information to be Reported to Aeronautical Information Services

    246.    Application of this Part

    247.    Availability of information

    248.    Action required for occurrences of operational significance other than those involving electronic aids and communication facilities

    249.    Action required for occurrences that affect electronic aids and communication facilities

    250.    Aeronautical data reporting

PART XVI
General Provisions

    251.    Lighting of enroute obstacles

    252.    Land use in the vicinity of aerodrome

    253.    Aeronautical studies

    254.    Deviations from standards

    255.    Safety inspections and audits

    256.    Obligation to insure aerodrome

    257.    Minimum specifications for licensed aerodromes

    258.    Aerodrome layout plan

    259.    Heliport operations

    260.    Enforcement

PART XVII
Miscellaneous Provisions

    261.    Contravention of Regulations

    262.    Appeals to the Tribunal

    263.    Offences

    264.    Revocation

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

        SCHEDULE 4

        SCHEDULE 5

        SCHEDULE 6

        SCHEDULE 7

        SCHEDULE 8

        SCHEDULE 9

S.I. 78, 2022.

PART I
Preliminary Provisions (regs 1-4)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Aerodromes Design and Operations) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accident" means an occurrence associated with the operation of an aircraft which in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time the person has disembarked or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

    (a)    a person is seriously injured as a result of—

        (i)    being in the aircraft,

        (ii)    direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or

        (iii)    direct exposure to jet blast,

except when the injury is from a natural cause, self-inflicted or inflicted by another person, or when the injury is to a stowaway hiding outside an area normally available to passengers and crew;

    (b)    the aircraft sustains damage or structural failure which—

        (i)    adversely affects the structural strength, performance or flight characteristics of the aircraft, and

        (ii)    would normally require major repair or replacement of the affected component, except for engine failure or damage, which is limited to a single engine and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreen, small dents or puncture holes in the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the radome; or

    (c)    the aircraft is missing or is completely inaccessible;

    "Advisory Circular" means a publication issued by the Authority to provide additional guidance to operators;

    "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 beacon" means an aeronautical beacon used to indicate the location of an aerodrome from the air;

    "aerodrome elevation" means the elevation of the highest point of the landing area;

    "aerodrome facilities and equipment" means facilities and equipment, inside or outside the boundaries of an aerodrome that are constructed or installed and maintained for the arrival, departure and surface movement of aircraft;

    "aerodrome identification sign" means a sign placed on an aerodrome to aid in identifying the aerodrome from the air;

    "aerodrome manual" means the manual that forms part of the application for a licence or a certificate under these Regulations, including any amendments to the manual, approved by the Authority;

    "aerodrome mapping data – (AMD)" means data collected for the purpose of compiling aerodrome mapping information for aeronautical uses;

    "aerodrome mapping database – (AMDB)" means a collection of aerodrome mapping data organised and arranged as a structured data set;

    "aerodrome operator" means an operator of an aerodrome either licensed or certificated under these Regulations in Botswana;

    "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 and decision altitude/height (DA/H) as appropriate to the type or category of the operation;

    "aerodrome reference code" means a code used for planning purposes to classify an aerodrome with respect to the critical aircraft characteristics for which the aerodrome is intended;

    "aerodrome reference point" means the designated geographical location of an aerodrome;

    "aerodrome standards" means standards prescribed by the Authority applicable to aerodromes;

    "aerodrome traffic density" means—

    (a)    Light: Where the number of movements in the mean busy hour is not greater than 15 per runway or typically less than 20 total aerodrome movements;

    (b)    Medium: Where the number of movements in the mean busy hour is of the order of 16 to 25 per runway or typically between 20 to 35 total aerodrome movements;

    (c)    Heavy: Where the number of movements in the mean busy hour is of the order of 26 or more per runway or typically more than 35 total aerodrome movements;

    "aerodrome traffic zone" means the airspace extending from aerodrome level to a height of two thousand feet over the area comprising the aerodrome and the surrounding land or water within a distance of two thousand yards of its boundaries;

    "aeronautical beacon" means an aeronautical ground light visible at all azimuths, either continuously or intermittently, to designate a particular point on the surface of the earth;

    "Aeronautical data" is classified as—

    (a)    routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    (b)    essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; and

    (c)    critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

    "aeronautical ground light" means any light specially provided as an aid to air navigation, other than a light displayed on an aircraft;

    "aeronautical information circular" means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the aeronautical information publication, but which relates to flight safety, air navigation, technical, administrative or legislative matters;

    "aeronautical information publication" means an aeronautical information publication of a lasting character essential to air navigation, issued by the Authority;

    "aeroplane reference field length" means the minimum field length required for take-off at maximum certificated take-off mass, sea-level, standard atmospheric conditions, still air and zero runway slope, as shown in the appropriate aeroplane flight manual prescribed by the certificating authority or equivalent data from the aeroplane manufacturer;

    "air traffic service" means a flight information service, alerting service, air traffic advisory service, or air traffic control service;

    "air traffic service unit" is a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;

    "Aircraft Classification Rating (ACR)" means a number expressing the relative effect of an aircraft on a pavement for a specified standard sub grade category;

    "aircraft stand" means a designated area on an apron intended to be used for parking an aircraft;

    "appeals tribunal" means the appeals tribunal established under section 79 of the Civil Aviation Act (Cap. 71:01);

    "apron" means a defined area, on an aerodrome, intended to accommodate aircraft for purposes of loading or unloading of passengers, mail or cargo, fuelling, parking or maintenance;

    "apron management service" means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;

    "approach surface" means an inclined plane or combination of planes preceding the threshold;

    "arresting system" means a system designed to decelerate an aeroplane overrunning the runway;

    "authorised person" means any person authorised by the Authority either generally or in relation to a particular case or class of cases and reference to an authorised person includes references to the holder for the time being of an office designated by the Authority;

    "Autonomous Runway Incursion Warning System (ARIWS)" means a system which provides autonomous detection of a potential incursion or of the occupancy of an active runway and a direct warning to a flight crew or a vehicle operator;

    "balked landing" means a landing manoeuvre that is unexpectedly discontinued at any point below the obstacle clearance altitude/height (OCA/H);

    "balked landing surface" means an inclined plane surface located at a specified distance after the threshold, extending between the inner transitional surface;

    "barrette" means three or more aeronautical ground lights closely spaced in a transverse line so that from a distance they appear as a short bar of light;

    "calendar" means discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day;

    "capacitor discharge lights" means a lamp in which high-intensity flashes of extremely short duration are produced by the discharge of electricity at high voltage through a gas enclosed in a tube;

    "clearway" means a defined rectangular area under the control of the appropriate authority selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;

    "conical surface" means a surface sloping upwards and outwards from the periphery of the inner horizontal surface;

    "controlled aerodrome" means an aerodrome where air traffic services are provided;

    "critical aircraft" means the most demanding aircraft with regard to the aircraft performance and dimensions for a range of aircraft, for which the aerodrome facilities is intended;

    "Cyclic Redundancy Check (CRC)" means a mathematical algorithm applied to the digital expression of data that provides a level of assurance against loss or alteration of data;

    "dangerous goods" means articles or substances which are capable of posing a risk to health, safety, property or the environment;

    "data accuracy" means a degree of conformance between the estimated or measured value and the true value;

    "data integrity (assurance level)" means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorised amendment;

    "data integrity classification (aeronautical data)" means classification based upon the potential risk resulting from the use of corrupted data;

    "data quality" means a degree or level of confidence that the data provided meets the requirements of the data user in terms of accuracy, resolution and integrity;

    "datum" means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;

    "declared distance" means—

    (a)    "accelerate-stop distance available (ASDA)" which is the length of the take-off run available plus the length of the stopway, if provided;

    (b)    "landing distance available (LDA)" which is the length of the runway which is declared available and suitable for the ground run of an aircraft landing;

    (c)    "take-off distance available (TODA)" which is the length of the take-off run available plus the length of the clearway, if provided;

    (d)    "take-off run available (TORA)" which is the length of runway declared available and suitable for the ground run of an aircraft taking-off;

    "dependent parallel approaches" means simultaneous approaches to parallel or near-parallel instrument runways where radar separation minima between aircraft on adjacent extended runway centrelines are prescribed;

    "displaced threshold" means a threshold not located at the extremity of a runway;

    "effective intensity" means the effective intensity of a flashing light is equal to the intensity of a fixed light of the same colour which will produce the same visual range under identical conditions of observation;

    "ellipsoid height (Geodetic height)" means the height related to the reference ellipsoid, measured along the ellipsoidal outer normal through the point in question;

    "field length" means a balanced length for aeroplane, if applicable, or take-off distance in other cases;

    "fixed light" means a light having constant luminous intensity when observed from a fixed point;

    "Foreign Object Debris (FOD)" means an inanimate object within the movement area which has no operational or aeronautical function and which has the potential to be a hazard to aircraft operations;

    "frangible object" means an object of low mass designed to break, distort or yield on impact so as to present the minimum hazard to aircraft;

    "geodetic datum" means a minimum set of parameters required to define location and orientation of the local reference system with respect to the global reference system/frame;

    "geoid" means the equipotential surface in the gravity field of the earth which coincides with the undisturbed Mean Sea Level extended continuously through the continents;

    "geoid undulation" means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid;

    "Gregorian calendar" means calendar in general use; first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar (ISO 19108***). (In the Gregorian calendar, common years have 365 days and leap years 366 days divided into twelve sequential months);

    "hazard beacon" means an aeronautical beacon used to designate a danger to air navigation;

    "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;

    "holding bay" means a defined area where aircraft can be held, or bypassed, to facilitate efficient surface movement of aircraft;

    "hot spot" means a location on an aerodrome movement area with a history or potential risk of collision or runway incursion, and where heightened attention by pilots or drivers is necessary;

    "human factor principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

    "human performance" means human capabilities and limitations, which have an impact on the safety and efficiency of aeronautical operations;

    "identification beacon" means an aeronautical beacon emitting a coded signal by means of which a particular point of reference can be identified;

    "incident" means an occurrence other than an accident associated with the operation of an aircraft, which affects or may affect the safety of operation of aircraft;

    "independent parallel approaches" means simultaneous approaches to parallel or near-parallel instrument runways where radar separation minima between aircraft on adjacent extended runway centrelines are not prescribed;

    "independent parallel departures" means simultaneous departures from parallel or near-parallel instrument runways;

    "inner approach surface" means a rectangular portion surface of the approach surface immediately preceding the threshold;

    "inner horizontal surface" means a surface located in a horizontal plane above an aerodrome and its environs;

    "inner transitional surface" means a surface similar to the transitional surface but closer to the runway;

    "instrument runway" means one of the following types of runways intended for the operation of aircraft using instrument approach procedures—

    (a)    "non-precision approach runway" means a runway served by visual aid(s) supporting an instrument approach procedure with minima not lower than 75 m (250 ft)minimum descent height (MDH);

    (b)    "precision approach runway, category I", means a runway served by visual aids and non-visual aid(s) supporting an instrument approach procedure with a decision height (DH) not lower than 60 m (200 ft);

    (c)    "precision approach runway, category II", means a runway served by visual aids and non-visual aid(s) supporting an instrument approach procedure with a decision height (DH);

    (d)    "precision approach runway category III" means a runway served by visual aids and non-visual aids supporting an instrument approach operation type B to and along the surface of the runway and with a decision height (DH) lower than 30 m (100 ft), or no decision height. Visual aids need not necessarily be matched to the scale of non-visual aids provided. The criterion for the selection of visual aids are the conditions in which operations are intended to be conducted;

    "intermediate holding position" means a designated position intended for traffic control at which taxiing aircraft and vehicles stop and hold until they are cleared to proceed, when so instructed by the aerodrome control tower;

    "landing area" means that part of a movement area intended for the landing or take-off of aircraft;

    "landing direction indicator" means a device to indicate visually the direction currently designated for landing and take-off;

    "laser-beam critical flight zone (LCFZ)" means an airspace in the proximity of an aerodrome but beyond the LFFZ where the irradiance is restricted to a level unlikely to cause glare effects;

    "laser-beam free flight zone (LFFZ)" means an airspace in the immediate proximity of the aerodrome where the irradiance is restricted to a level unlikely to cause any visual disruption;

    "laser-beam sensitive flight zone (LSFZ)" means an airspace outside, and not necessarily contiguous with, the LFFZ and LCFZ where the irradiance is restricted to a level unlikely to cause flash-blindness or after-image effects;

    "licence" means a licence to operate an aerodrome issued by the Authority under Part II of these Regulations;

    "lighting system reliability" means the probability that the complete installation operates within the specified tolerances and that the system is operationally usable;

    "manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

    "marker" means an object displayed above ground level in order to indicate an obstacle or delineate a boundary;

    "marking" means a symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information;

    "movement area" means that part of the aerodrome to be used for take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and apron;

    "near-parallel runways" means non-intersecting runways whose extended centrelines have an angle of convergence/divergence of 15 degrees or less;

    "notify" means shown in Aeronautical Information Publications, Aeronautical Information Circulars, NOTAM, civil aviation publications or any other official publication issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

    "non-instrument runway" means a runway intended for the operation of aircraft using visual approach procedures;

    "normal flight zone (NFZ)" means airspace not defined as LFFZ, LCFZ or LSFZ but which must be protected from laser radiation capable of causing biological damage to the eye;

    "obstacle" means any fixed (whether temporary or permanent) and mobile object, or part thereof, that—

    (a)    is located on an area intended for the surface movement of aircraft; or

    (b)    extends above a defined surface intended to protect aircraft in flight; or

    (c)    stands outside those defined surfaces and that has been assessed as being a hazard to air navigation;

    "obstacle free zone (OFZ)" means the airspace above the inner approach surface, inner transitional surfaces, the balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air navigation purposes;

    "obstacle limitation surfaces" means a series of surfaces that define the volume of airspace at and around an aerodrome to be kept free of obstacles in order to permit the intended aircraft operations to be conducted safely and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome;

    "operator" means a person operating an aerodrome licensed or certificated under these Regulations;

    "orthometric height" means height of a point related to the geoid, generally presented as an MSL elevation;

    "Outer Main Gear Wheel Span (OMGWS)" means the distance between the outside edges of the main gear wheels;

    "Pavement Classification rating (PCR)" means a number expressing the bearing strength of a pavement;

    "precision approach runway" has the same meaning as assigned to instrument runway;

    "primary runway" means runway used in preference to others whenever conditions permit;

    "protected flight zones" means an airspace specifically designated to mitigate the hazardous effects of laser radiation;

    "recommended practice" means any specification for the physical characteristics configuration, material, performance or procedure, the uniform application of which is recognised as desirable in the interest of safety, regularity or efficiency of international air navigation;

    "registration approval" means an approval to operate an aerodrome granted by the Authority under Part V of these Regulations;

    "relevant authority" means any authority other than the Civil Aviation Authority whose action may be necessary or complimentary for the implementation of these Regulations;

    "road" means an established surface route on the movement area meant for the exclusive use of vehicles;

    "road holding position" means a designated position at which vehicles may be required to hold;

    "runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

    "Runway Condition Assessment Matrix (RCAM)" means a matrix allowing the assessment of the Runway Condition Code, using associated procedures, from a set of observed runway surface condition(s) and pilot report of braking action;

    "Runway Condition Code (RWYCC)" means a number describing the runway surface condition to be used in the Runway Condition Report;

    "Runway Condition Report (RCR)" means a comprehensive standardised report relating to runway surface conditions and its effect on the aeroplane landing and take-off performance;

    "Runway End Safety Area (RESA)" means an area symmetrical about the extended runway centreline and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aircraft undershooting or overrunning the runway;

    "runway guard lights" means a light system intended to caution pilots or vehicle drivers that they are about to enter an active runway;

    "runway-holding position" means a designated position intended to protect a runway, an obstacle limitation surface, or an Instrument Landing System/Microwave Landing System critical or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

    "runway strip" means a defined area including the runway and stopway, if provided, intended—

    (a)    to reduce the risk of damage to aircraft running off a runway; and

    (b)    to protect aircraft flying over it during take-off or landing operations;

    "runway surface condition" means a description of the condition of the runway surface used in the Runway Condition Report which establishes the basis for the determination of the Runway Condition Code for aeroplane performance purposes;

    "runway turn pad" means a defined area on a land aerodrome adjacent to a runway for the purpose of completing a 180-degree turn on a runway;

    "Runway Visual Range (RVR)" means the range over which a pilot of an aircraft on the centreline of a runway can see the runway surface markings or the lights delineating the runway or identifying its centreline;

    "safety" means a state in which the risk of harm to persons or of property damage is reduced to, and maintained at or below unacceptable level through a continuing process or hazard identification and risk management;

    "Safety Management System (SMS)" means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;

    "segregated parallel operations" means simultaneous operations on parallel or near-parallel instrument runways in which one runway is used exclusively for approaches and the other runway is used exclusively for departures;

    "shoulder" means an area adjacent to the edge of a pavement, prepared to provide a transition between the pavement and the adjacent surface;

    "sign" means a—

    (a)    fixed message sign. A sign presenting only one message;

    (b)    variable message sign. A sign capable of presenting several predetermined messages or no message, as applicable;

    "signal area" means an area on an aerodrome used for the display of ground signals;

    "standard" means any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as necessary for the safety of air navigation;

    "state safety programme" means an integrated set of regulations and activities aimed at improving safety;

    "station declination" means an alignment variation between the zero degree radial of a VOR and true north, determined at the time the VOR station is calibrated;

    "stopway" means a defined rectangular area on the ground at the end of the take-off run available, prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

    "switch-over time (light)" means the time required for the actual intensity of a light measured in a given direction to fall from 50 per cent and recover to 50 per cent during a power supply change-over, when the light is being operated at intensities of 25 per cent or above;

    "take-off runway" means a runway intended for take-off only;

    "take-off surface" means an inclined plane or other specified surface beyond the end of a runway or clearway;

    "taxiway" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including—

    (a)    aircraft stand taxi lane which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;

    (b)    apron taxiway which is a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; and

    (c)    rapid exit taxiway which is a taxiway connected to a runway at an acute angle and designed to allow landing aircrafts to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;

    "taxiway intersection" means a junction of two or more taxiways;

    "taxiway strip" means an area including a taxiway intended to protect aircraft operating on a taxiway and to reduce the risk of damage to an aircraft accidentally running off the taxiway;

    "threshold" means the beginning of that portion of the runway usable for landing;

    "touchdown zone" means the portion of a runway beyond the threshold, intended for landing aircraft on first contact with the runway;

    "transitional surface" means a complex along the surface side of the strip and part of the approach surface, the slopes upwards and outwards to the inner horizontal surface;

    "unserviceable area" means a part of the movement area that is unfit and unavailable for use by aircraft;

    "usability factor" means the percentage of time during which the use of a runway or system of runways is not restricted because of the cross-wind component (cross-wind component means the surface wind component at right angles to the runway centreline);

    "vicinity" means a defined airspace around an aerodrome for control of obstacles that may infringe the obstacle limitation surfaces around the aerodrome, contained within a radius of sixteen kilometres from the aerodrome reference point up to a height of one thousand five hundred feet above ground level;

    "visual traffic pattern" means the aerodrome traffic zone of the aerodrome;

    "wheel base" means the distance from the nose gear to the geometric centre of the main gear;

    "wildlife" means feral birds and animals, including domestic animals out of the control of their owners; and

    "wildlife hazard" means a potential for a damaging aircraft collision with wildlife on or near an aerodrome.

3.    Use of common reference systems

    (1) The World Geodetic System-1984 (WGS-84) shall be used as the horizontal reference system to express aeronautical geographical co-ordinates for aerodromes.

    (2) The Mean Sea Level datum shall be used as the vertical reference system (elevation) at aerodromes.

    (3) The Gregorian calendar and Co-ordinated Universal Time shall be used as the temporal reference system except where notified in the Botswana aeronautical information publication or the aeronautical information circular.

    (4) The International System of Units developed and maintained by the General Conference of Weights and Measures shall be used as the standard system of units of measurements unless otherwise specified by the Authority.

4.    Categories of aerodromes and requirements for operation of aerodromes

    A person shall not operate an aerodrome in Botswana unless such person is certified, licensed or registered in accordance with Civil Aviation (Certification and Licensing of Aerodromes) Regulations (Cap. 71:01 (Sub. Leg.)).

PART II
Construction of Aerodromes (regs 5-9)

5.    Application for aerodrome establishment certificate

    (1) A person shall not construct an aerodrome without a valid aerodrome establishment certificate issued under regulation 7.

    (2) An applicant for an aerodrome establishment certificate shall submit to the Authority for approval an application in the prescribed form accompanied by—

    (a)    a detailed design of the proposed construction including related architectural requirements approved by the relevant authority;

    (b)    aerodrome data in accordance with the characteristics of the aircraft for which the aerodrome is intended; and

    (c)    a topographical map of the proposed aerodrome site as specified by the Authority indicating contours at one metre intervals.

    (3) An application for an aerodrome establishment certificate shall be considered for approval where the Authority is satisfied that the—

    (a)    applicant holds proof of ownership or lease hold of the proposed site and a valid authorisation from a relevant authority for use of the place as an aerodrome;

    (b)    environment impact assessment report in line with the Environmental Impact Assessment Act (Cap. 65:07) is approved by authority responsible for national environment management; and

    (c)    applicant has obtained a letter of no objection from the Director of Wildlife, land board and tribal authority, where the site is on tribal land or Wildlife and National Park.

    (4) The Authority shall, before issuance of an establishment certificate, assess the suitability of the place proposed for construction taking into consideration—

    (a)    the proximity of the place to other aerodromes and landing areas, including military aerodromes;

    (b)    obstacles, terrain and existing airspace restrictions; and

    (c)    that it is not against public interest that the place where the aerodrome is to be constructed shall be used as such.

6.    Issuance and validity of aerodrome establishment certificate

    (1) The Authority shall issue an aerodrome establishment certificate to an applicant where the applicant satisfies the requirements in regulation 5 and any other requirements as may be specified by any relevant authority.

    (2) An aerodrome establishment certificate shall be valid for a period of two years.

7.    Design and construction of aerodromes

    (1) An applicant for an establishment certificate shall ensure that the design and construction of an aerodrome is undertaken by a person registered with the relevant professional body.

    (2) The Authority shall inspect the site of an aerodrome during construction to ascertain compliance with standards prescribed and the terms of the aerodrome establishment certificate.

    (3) An operator shall bear or pay any costs involved in providing transport for purposes of inspecting an aerodrome, in connection with the issuing or renewal of an establishment certificate.

8.    Requirements for aerodrome design

    (1) An aerodrome design shall—

    (a)    indicate the physical characteristics in accordance with these Regulations;

    (b)    indicate the obstacle limitation surfaces;

    (c)    integrate security measures in accordance with the Civil Aviation (Security) Regulations (Cap. 71:01 (Sub. Leg.)); and

    (d)    indicate the appropriate equipment and installations.

    (2) The physical characteristics, obstacle limitation surfaces, visual aids and equipment and installations, required under subregulation (1) shall—

    (a)    be appropriate to the critical aircraft characteristics for which the aerodrome intends to serve;

    (b)    be at the lowest meteorological minima for each runway;

    (c)    provide ambient light conditions during the operations of aircraft; and

    (d)    comply with the aerodrome design regulations as set out in Part VII of these Regulations.

9.    Aerodrome reference code

    (1) An aerodrome reference code comprising of a code number and a code letter shall be used for aerodrome planning.

    (2) The Authority shall determine the aerodrome reference code in accordance with the critical aircraft characteristics for which the aerodrome is intended.

    (3) The aerodrome reference code numbers and code letters provided for under subregulation (1) shall be determined in accordance with Table S1-1 as set out in Schedule 1.

PART III
Obligations of Aerodrome Operator (regs 10-28)

10.    Compliance with conditions

    An operator shall comply with conditions, endorsed on a licence, certificate or registration approval granted under these Regulations.

11.    Competence of operational and maintenance personnel

    (1) An operator shall develop and submit for approval by the Authority, a Task Resource Analysis to ensure that there is an adequate number of operational, qualified and skilled personnel to perform activities for aerodrome operation maintenance.

    (2) An operator shall only employ persons with the required certification as contained in the guidance material provided by the Authority, where the Authority or any other relevant authority requires competence certification for the personnel of an aerodrome.

    (3) The provisions of this regulation shall not apply to category 1 and registered aerodromes.

12.    Aerodrome operations and maintenance

    (1) An operator shall maintain an aerodrome in accordance with the maintenance procedures set out in the aerodrome manual.

    (2) The Authority may give written directives to an operator to alter the procedures set out in an aerodrome manual.

    (3) An operator shall ensure proper and efficient maintenance of the aerodrome.

    (4) An operator of an aerodrome where air traffic services are provided, shall co-ordinate with the air traffic services to ensure the safety of aircraft operating in the airspace, associated with the aerodrome.

13.    Safety Management System

    (1) An operator shall have a Safety Management System that complies with the requirements specified in the Civil Aviation (Safety Management) Regulations (Cap. 71:01 (Sub. Leg.)).

    (2) The provisions of this Regulation shall not apply to registered aerodromes in categories 1 and 2.

    (3) The Authority may apply the provisions of this regulation to aerodromes in category 2 where it deems it necessary.

14.    Storage of inflammable and other dangerous goods

    A person shall not store fuel, pyrotechnic materials and other highly flammable or dangerous goods at an aerodrome except with the permission of the Authority and in accordance with these Regulations.

15.    Safety measures against fire

    (1) A person shall not—

    (a)    smoke within any place, or bring an open flame into any place, where that act is prohibited by a displayed notice;

    (b)    smoke within a place where there is no notice prohibiting smoking, or bring an open flame into that place, within a distance of an aircraft or, of any vehicle used for the supply of fuel to an aircraft, or a store, dump, liquid fuel or explosives, as may be determined by the Authority;

    (c)    wilfully give a false fire alarm;

    (d)    tamper or interfere with any fire hose reel, hydrant or any other item provided for firefighting purposes;

    (e)    keep, store, discard or discharge any flammable liquid, gas, signal flares or other like material in an aircraft, except in the receptable appropriate for the purpose or in a place on the aerodrome specifically approved by the aerodrome operator for that purpose; or

    (f)    store, stack or use any material or equipment in a manner which constitutes or is likely to constitute a fire hazard.

    (2) An operator shall display in a conspicuous place appropriate signage in respect to the acts prohibited under subregulation (1).

16.    Access to and operations within restricted areas

    (1) A person shall not access a restricted area of an aerodrome unless authorised by the operator and subject to such conditions as the operator may impose.

    (2) A person authorised to access a restricted area under subregulation (1) shall not—

    (a)    move an aircraft or a vehicle in the restricted area—

        (i)    except with the permission and directions issued by the air traffic services personnel, or

        (ii)    in a manner that endangers the safety of persons and property; or

    (b)    use a portion of the aerodrome for landing or taking-off, other than the area designated for that purpose.

17.    Entry into or exit from restricted areas of aerodrome

    (1) A person, aircraft or vehicle shall not enter or exit the restricted area of an aerodrome except through points established by the aerodrome operator for the purpose of the aerodrome.

    (2) A person—

    (a)    other than a person carried in an aircraft or in a vehicle, shall not enter or leave a restricted area of an aerodrome; or

    (b)    shall not move an aircraft on the surface of an aerodrome or a vehicle into or from the restricted area,

except in an emergency or at a point of entry or exit established by an operator for that purpose.

18.    Test-running of aircraft engine

    A person may test-run an aircraft engine at an aerodrome, at an approved aircraft maintenance facility of the aerodrome or a place designated for test running by an operator.

19.    Prohibited acts on aerodrome

    (1) A person shall not, on an aerodrome—

    (a)    obstruct or interfere with the use of the aerodrome;

    (b)    obstruct any person executing his or her duties at the aerodrome;

    (c)    remove or deface any notice, writing, document or marking erected or displayed by the aerodrome operator;

    (d)    throw, leave or drop anything capable of causing injury to any person or damage to property;

    (e)    dump any waste matter in an undesignated place; or

    (f)    dump or spill any substance capable of causing water pollution, whether solid, liquid, vapour, gas or a combination of these in an undesignated place.

    (2) A person shall not, unless with the permission of the operator—

    (a)    interfere or tamper with any part of the aerodrome or any equipment associated with the operation of the aerodrome;

    (b)    climb any wall, fence, barrier, ceiling, gate or post on an aerodrome;

    (c)    handle any baggage or carry baggage for a passenger at an aerodrome;

    (d)    bring a vehicle into or drive into an aerodrome; or

    (e)    obstruct an entrance to or a passage at an aerodrome in a manner that inconveniences other users of the entrance or passage.

20.    Removal of obstructions from aerodrome movement surfaces

    An operator shall remove from the aerodrome surface any vehicle or other obstruction that is likely to be hazardous to aircraft operations.

21.    Maintenance of environmental management programme

    An operator shall—

    (a)    establish and maintain an aerodrome environmental management programme for the area within the authority of the management operator and for the area where wildlife presents or is likely to present a hazard to aircraft operations; and

    (b)    ensure that the environmental management programme established under subregulation (a) minimises the effects of any hazards or potential hazards taking into account the provisions of the laws on environmental management.

22.    Protection of navigation aids

    An operator shall in consultation with the Authority prevent the—

    (a)    construction of any facility on the aerodrome, which may adversely affect the operation of any electronic or visual navigation or air traffic service facility on the aerodrome; and

    (b)    the interruption of visual or electronic signal of navigational aids, as far as it is within the authority of the operator.

23.    Responsibilities of operator

    (1) An operator shall—

    (a)    maintain the aerodrome in a serviceable condition, keep the aerodrome free of unauthorised person, vehicles and animals which are not under control or any other obstructions;

    (b)    mark all obstructions in accordance with any guidelines issued by the Authority;

    (c)    inform the Authority of any alterations to obstructions or works on the aerodrome;

    (d)    install approved wind direction indicators to show the surface direction of the wind and ensure that they function satisfactorily;

    (e)    maintain the prescribed markings in a conspicuous conditions and ensure that they are readily visible to aircraft in the air or manoeuvring on the ground;

    (f)    avail facilities and ensure that they are in serviceable condition and that all apparatus installed function efficiently;

    (g)    appropriately mark the unserviceable areas on the landing terrain;

    (h)    inform the Authority where the aerodrome becomes unserviceable through any cause or where any portion of the surface of the landing area deteriorates to such an extent that the safe operation of aircraft may be endangered;

    (i)    submit to the Authority reports on the condition of the aerodrome as may be required by the Authority;

    (j)    ensure that organisations performing activities at the aerodrome comply with safety requirements specified by the operator;

    (k)    report all incidents and accidents at the aerodrome to the Authority; and

    (l)    require organisations performing activities at the aerodrome to comply with the aerodrome safety management requirements.

    (2) An operator shall perform collaboratively between affected stakeholders including the aeroplane operator, ground handling agencies and the air navigation service providers.

    (3) An operator and aeroplane operator shall document the introduction of an aeroplane type or subtype, new to the aerodrome and shall follow the following process—

    (a)    the aeroplane operator submits a request to the aerodrome operator to operate an aeroplane type or subtype to the aerodrome;

    (b)    the operator identifies possible means of accommodating the aeroplane type or subtype including access to movement areas and, where necessary, considers the feasibility and economic viability of upgrading the aerodrome infrastructure and makes an assessment; and

    (c)    the operator and aeroplane operator discuss the assessment by the operator and whether operations of the aeroplane type or subtype can be accommodated and, where permitted, under what conditions.

    (4) The aerodrome compatibility study shall include the following procedures—

    (a)    identify the aeroplane’s physical and operational characteristics;

    (b)    identify the applicable regulatory requirements;

    (c)    establish the adequacy of the aerodrome infrastructure and facilities vis-a-vis the requirements of the new aeroplane;

    (d)    identify the changes required to the aerodrome; and

    (e)    perform the required safety assessments identified during the compatibility study.

    (5) The result of the compatibility study should enable decisions to be made and provide—

    (a)    the operator with the information in order to make a decision on—

        (i)    allowing the operation of the specific aeroplane at the given aerodrome, and

        (ii)    the changes required to the aerodrome infrastructure and facilities to ensure safe operations at the aerodrome with due consideration to the harmonious future development of the aerodrome;

    (b)    the State with information necessary for its safety oversight and the continued monitoring of the conditions specified in the aerodrome certification;

    (c)    the impact of aeroplane characteristics on the infrastructure;

    (d)    the aeroplane’s physical characteristics; and

    (e)    aeroplane operational characteristics.

24.    Inspection of aerodromes and unhindered access by inspectors of Authority

    (1) The Authority shall inspect and carry out tests on the aerodrome facilities, services and equipment, inspect documents and records of the aerodrome, verify the Safety Management System of the aerodrome, before an aerodrome licence or certificate is issued or renewed, and subsequently, at any other time, for the purpose of ensuring that safety at the aerodrome is maintained.

    (2) The Authority or an inspector shall, for purposes of subregulation (1) have unhindered access to any part of the aerodrome or any aerodrome facility, including personnel.

25.    Notifying and reporting

    (1) An operator shall notify and report to the Authority, the air traffic control unit and pilots, information on—

    (a)    any inaccuracies in the aeronautical information publication;

    (b)    any changes to the aerodrome facilities, equipment and level of service planned in advance; or

    (c)    issues that may require immediate notification including obstacles, obstructions and hazards, levels of service, movement areas, and any other condition that affects aviation safety at the aerodrome and against which precautions are warranted.

    (2) An operator shall give immediate notice, directly to the pilots where it is not feasible for the operator to arrange for the air traffic control and the flight operations unit to receive notice of the circumstances referred to in subregulation (1)(c).

26.    Aerodrome movement area inspections

    An operator shall carry out an inspection of the movement area at least—

    (a)    once a day for aerodromes in categories 1, 2 and 3 and at least twice a day for aerodromes in categories 4, 5, 6, 7, 8, 9 and 10; and

    (b)    once a week for registered aerodromes.

27.    Special inspections

    (1) An operator shall inspect an aerodrome—

    (a)    as soon as practicable after any accident or incident;

    (b)    during any period of construction or repair of the aerodrome facilities or equipment that is critical to the safety of aircraft operation; and

    (c)    where there are conditions at the aerodrome that may affect aviation safety.

    (2) An operator shall notify the Authority, within a time determined by the Authority by way of an Advisory Circular, information on any special inspection carried out.

28.    Warning notices

    An operator shall, where a low flying aircraft at or near an aerodrome or a taxiing aircraft is likely to be hazardous to people or vehicles—

    (a)    post hazard warning notices to that effect, on any public way that is adjacent to the manoeuvring area; or

    (b)    inform the relevant authority where the public way is not controlled by the operator.

PART IV
Aerodrome Data (regs 29-42)

29.    Aeronautical data

    (1) An operator shall—

    (a)    determine and report aerodrome related aeronautical data in accordance with the accuracy and integrity classification required to meet the needs of the end-user of aeronautical data; and

    (b)    make available to the aeronautical information services aerodrome mapping data for aerodromes where safety or performance based operations suggest possible benefits.

    (2) The selection of the aerodrome mapping features to be collected, where made available in accordance with subregulation (1)(b), be made with consideration of the intended applications.

    (3) Any digital data error detection technique shall be used during the transmission and storage of aeronautical data and digital data sets.

    (4) The aerodrome mapping data shall be made available to the aeronautical information services for aerodromes deemed relevant by the state where safety and performance base operations suggest possible benefits.

30.    Aerodrome reference point

    (1) An aerodrome reference point shall be—

    (a)    established for an aerodrome; and

    (b)    located near the initial or planned geometric centre of the aerodrome and shall normally remain where first established.

    (2) The position of the aerodrome reference point shall be measured and reported to the aeronautical information services authority in degrees, minutes and seconds.

31.    Aerodrome and runway elevation

    (1) An aerodrome elevation and geoid undulation at the runway aerodrome elevation position shall be measured to the accuracy of one-half elevation metre and reported to the aeronautical information service authority.

    (2) An aerodrome used by international civil aviation for non-precision approaches, the elevation and geoid undulation of each threshold, the elevation of the runway end and any significant high or low intermediate points along the runway shall be measured to the accuracy of one-half metre and reported to the aeronautical information services authority.

    (3) The elevation and geoid undulation of the threshold, the elevation of the runway end and the highest elevation of the touchdown zone for precision approach runway, shall be measured to the accuracy of one-quarter metre and reported to the aeronautical information services authority.

    (4) The geoid undulation must be measured in accordance with the appropriate system of co-ordinates.

32.    Aerodrome reference temperature

    The aerodrome reference temperature shall be—

    (a)    determined for an aerodrome in degrees celsius; and

    (b)    the monthly mean of the daily maximum temperatures for the hottest month of the year, being the month with the highest monthly mean temperature, and the temperature shall be, where possible averaged over a period of years.

33.    Aerodrome dimensions and related information

    (1) The following data shall be measured or described, as appropriate, for each facility provided on an aerodrome—

    (a)    runway – true bearing to one-hundredth of a degree, designation number, length, width, displaced threshold location to the nearest metre, slope, surface type, type of runway and, for precision approach runway category 1, the existence of an obstacle free zone when provided;

    (b)    width to the nearest metre, surface type of the—

        (i)    strip,

        (ii)    runway end safety area length, and

        (iii)    stopway;

    (c)    arresting system-location, which runway end, and description;

    (d)    taxiway-designation, width, surface type;

    (e)    apron-surface type, aircraft stands;

    (f)    the boundaries of the air traffic control service;

    (g)    clearway-length to the nearest metre, ground profile;

    (h)    visual aids for approach procedures, marking and lighting of runways, taxiways and aprons, other visual guidance and control aids on taxiways and aprons, including taxi-holding positions and stop bars, and location and type of visual docking guidance systems;

    (i)    location and radio frequency of any VOR aerodrome checkpoint;

    (j)    location and designation of standard taxi-routes; and

    (k)    distance to the nearest metre of localiser and glide path elements comprising an instrument landing system or azimuth and elevation antenna of a microwave landing system in relation to the associated runway extremities.

    (2) The geographical co-ordinates of—

    (a)    each threshold shall be measured and reported to the aeronautical information service authority in degrees, minutes, seconds and hundredths of seconds;

    (b)    appropriate taxiway centreline points shall be measured and reported to the aeronautical information service in degrees, minutes, seconds and hundredths of seconds;

    (c)    each aircraft stand shall be measured and reported to the aeronautical information service in degrees, minutes, seconds and hundredths of seconds; and

    (d)    obstacles in Area 2, the part within the aerodrome boundary and in Area 3 shall be measured and reported to the aeronautical information service authority in degrees, minutes, seconds and tenths of seconds and in addition, the top elevation, type, marking and lighting, if any of obstacles shall be reported to the aeronautical information services authority.

34.    Strength of pavements

    (1) The bearing strength of a pavement shall be determined by the aircraft for which the pavement is intended for use.

    (2) The bearing strength of a pavement intended for aircraft of apron mass greater than 5 700 kg shall be made available using the aircraft classification number, PCR method by reporting the following information—

    (a)    the PCR;

    (b)    pavement type for PCR determination;

    (c)    subgrade strength category;

    (d)    maximum allowable tyre pressure category or maximum allowable tyre pressure value; and

    (e)    evaluation method and if necessary, PCRs may be published to an accuracy of one-tenth of a whole number.

    (3) The PCR reported shall indicate that an aircraft with an Aircraft Classification Rating (ACR) equal to or less than the reported PCR can operate on the pavement subject to any limitation on the tyre pressure, or aircraft all-up mass for specified aircraft type.

    (4) The different PCRs may be reported if the strength of the pavement is subject to significant seasonal variation.

    (5) The ACR of an aircraft shall be determined in accordance with the standard procedures associated with the ACR-PCR method.

    (6) The behaviour of a pavement shall be classified as equivalent to a rigid or flexible construction, for purposes of determining the ACR.

    (7) The information under subregulation (2) shall be reported using the following codes—

    (a)    pavement type for ACR-PCR determination—

 

        Pavement type

Code

        (i)    rigid pavement,

R

        (ii)    flexible pavement;

F

    (b)    subgrade strength category—

 

        Category

Code

        (i)    high strength – characterised by 150 MN/m3 and representing all K values above 120 MN/m3 for rigid pavements and by CBR= 15 and representing all CBR values above 13 for flexible pavements,

A

        (ii)    medium strength – characterised by K= 80 MN/m3 and representing a range in K of 60 to 120 MN/m3 for rigid pavements, and by CBR= 10 and representing a range in CBR of 8 to 13 for flexible pavements,

B

        (iii)    low strength – characterised by K= 40 MN/m3 and representing a range in K of 25 to 60 MN/m3 for rigid pavements, and by CBR= 6 and representing a range in CBR of 4 to 8 for flexible pavements, and

C

        (iv)    ultra low strength – characterised by K= 20 MN/m3 and representing all K values below 25 MN/m3 for rigid pavements, and by CBR= 3 and representing all CBR values below 4 for flexible pavements;

D

    (c)    maximum allowable tire pressure category —

 

        Tyre pressure category

Code

        (i)    unlimited – no pressure limit,

W

        (ii)    high-pressure limit to 1.75 MPa,

X

        (iii)    Medium-pressure limited to 1.25 MPa,

Y

        (iv)    low-pressure limited to 0.50 MPa;

Z

    (d)    evaluation method —

 

        Method

Code

        (i)    technical evaluation – representing a specific study of the pavement characterised and application of pavement behaviour technology, and

T

        (ii)    using aircraft experience – representing a knowledge of the specific type and mass of aircraft satisfactorily being supported under regular use.

U

 

    (8) The following examples shall be used to illustrate how pavement strength data are reported under the ACR-PCR method—

    (a)    if the bearing strength of a rigid pavement, resting on a medium strength subgrade, has been assessed by technical evaluation to be PCNR 80 and there is no tire pressure limitation, then the reported information would be PCR 80/R/B/W/T;

    (b)    if the bearing strength of a composite pavement, behaving like a flexible pavement and resting on a high strength subgrade, has been assessed by using aircraft experience to be PCR 50 and the maximum tire pressure allowable is 1.25 MPa, then the reported information would be PCR 50/F/A/Y/U;

    (c)    if the bearing strength of a flexible pavement, resting on a medium strength subgrade, has been assessed by technical evaluation to be PCN 40 and the maximum allowable tire pressure is 0.80 MPa, then the reported information would be PCR 40/F/B 0.80 MPa/T; and

    (d)    if a pavement is subject to a B747-400 all-up mass limitation of 390 000kg, then the reported information would include a note to the effect that the reported PCNR is subject to a B747-400 all-up mass limitation of 390 000 kg.

    (9) A criteria shall be used established to regulate the use of a pavement by aircraft with an ACR higher than the PCR reported for that pavement in accordance with subregulations (2) and (3).

    (10) The bearing strength of a pavement intended for aircraft of apron mass equal to or less than 5 700kg shall be made available by reporting the following information—

    (d)    maximum allowable aircraft mass; and

    (b)    maximum allowable tyre pressure.

35.    Pre-flight altimeter check location

    (1) One or more pre-flight altimeter check locations shall be the altimeter check established for an aerodrome.

    (2) A pre-flight check location shall be located on an apron to enable an altimeter check to be made prior to obtaining taxi clearance and to eliminate the need for stopping for that purpose after leaving the apron, in which case, an entire apron can serve as a satisfactory altimeter check location.

    (3) The elevation of a pre-flight altimeter check location shall be given as the average elevation, rounded to the nearest metre, of the area on which it is located.

    (4) The elevation of any portion of a pre-flight altimeter check location shall be within 3 m of the average elevation for that location.

36.    Declared distances

    (1) The following distances shall be calculated to the nearest metre for a runway intended for use by international commercial air transport—

    (a)    take-off run available;

    (b)    take-off distance available;

    (c)    accelerate-stop distance available; and

    (d)    landing distance available.

    (2) The declared distances shall be calculated in accordance with Schedule 2 and guidelines determined by the Authority.

37.    Condition of movement area and related facilities

    (1) Any information on the condition of the movement area and the operational status of related facilities shall be provided to the appropriate aeronautical information services units, and similar information of operational significance to the air traffic service units, to enable those units to provide the necessary information to arriving and departing aircraft and the information shall be kept up-to-date and changes in conditions reported without delay.

    (2) The condition of the movement area and the operational status of related facilities shall be monitored, and reports on matters of operational significance affecting aircraft and aerodrome operations shall be provided in order to take appropriate action, particularly in respect of—

    (a)    construction or maintenance work;

    (b)    rough or broken surfaces on a runway, a taxiway or an apron;

    (c)    water on a runway, a taxiway or an apron;

    (d)    other contaminants on a runway, taxiway or apron such as mud, dust, sand, volcanic ash, oil and rubber;

    (e)    other temporary hazards, including parked aircraft;

    (f)    failure or irregular operation of part or all of the aerodrome visual aids; and

    (g)    failure of the normal or secondary power supply.

    (3) The movement area shall, in compliance with subregulations (2) and (3), be inspected at least once each day where the code number is 1 or 2 and at least twice each day where the code is number 3 or 4.

    (4) Any person assessing and reporting runway surface conditions required in compliance with subregulation (2) shall be trained and competent to meet criteria set by the Authority.

38.    Water on runway

    (1) A description of the runway surface conditions shall be made available where water is present on a runway using the following terms—

    (a)    damp – the surface shows a change of colour due to moisture;

    (b)    wet – the surface is soaked but there is no standing water;

    (c)    standing water – for aeroplane performance purposes, a runway where more than 25 per cent of the runway surface area, whether in isolated areas or not, within the required length and width being used is covered by water more than 3 mm deep.

    (2) Information that a runway or portion thereof may be slippery when wet shall be made available.

    (3) An operator shall notify aerodrome users when the friction level of a paved runway or portion thereof is less than that specified in accordance with these Regulations.

    (4) The conducting of a runway surface friction characteristics evaluation programme including determining and expressing the minimum friction level shall be as set out in Schedule 2.

    (5) Where an operational runway is contaminated, an assessment of the contaminant depth and coverage over each third of the runway shall be made and reported.

39.    Removal of disabled aircraft

    (1) An operator shall, on request from aircraft operators, provide the telephone number and email address of the office of the aerodrome co-ordinator responsible for the removal of an aircraft disabled on or adjacent to the movement area.

    (2) An operator shall provide information on the capability to remove an aircraft disabled on or adjacent to the movement area and such capability to remove a disabled aircraft may be expressed in terms of the largest type of aircraft which the aerodrome is equipped to remove.

40.    Level of protection of rescue and firefighting

    (1) An operator shall provide information on the level of protection provided at an aerodrome for aircraft rescue and firefighting purposes.

    (2) The level of protection available at an aerodrome shall be expressed in terms of the category of the rescue and firefighting services in accordance with the types and amounts of extinguishing agents available at the aerodrome.

    (3) An operator shall, where changes in the level of protection normally available at an aerodrome for rescue and firefighting services occurs, notify the appropriate air traffic service units and aeronautical information services unit to enable those units to provide the necessary information to arriving and departing aircraft.

    (4) An operator shall, where the changes in subregulation (3) are collected, notify the appropriate air traffic services units and aeronautical information services.

    (5) A change shall be expressed in terms of the new category of the rescue and firefighting services available at the aerodrome.

41.    Visual approach slope indicator system

    (1) The following information on the visual and slope approach, and slope indicator system installation shall be made available—

    (a)    the associated runway designation number;

    (b)    the type of system for an AT-VASIS, PAPI OR APAPI installation, the side of the runway on which the lights are installed;

    (c)    where the axis of the system is not parallel to the runway centreline, the angle of displacement and the direction of displacement;

    (d)    the nominal approach slope angle for a T-VASIS or an AT-VASIS this shall be an angle according to the formula in Figure S1-23 in Schedule 1 and a PAPI and an APAPI this shall be an angle (B+C) ÷ 2 and (A+B) ÷ 2, respectively as in Figure S1-25; and

    (e)    the minimum eye height over the threshold of the on-slope signal—

        (i)    for a T-VASIS or an AT-VASIS this shall be the lower height at which only the wing bar is visible, however, the additional heights at which the wing bar plus one, two or three fly-down light units come into view may also be reported if such information would be beneficial to aircraft using the approach,

        (ii)    for a PAPI this shall be the setting angle of the third unit from the runway minus 2 minutes and for an APAPI this shall be the setting angle of the unit farther from the runway minus 2 minutes.

42.    Co-ordination between aeronautical information services and aerodrome authorities

    (1) An arrangement shall be made between aeronautical information services and aerodrome authorities responsible for aerodrome services to ensure that aeronautical information services units obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information with minimum delay and—

    (a)    information on the status of certification of aerodromes and aerodrome conditions;

    (b)    the operational status of associated facilities, services and navigation aids within their area of responsibility; and

    (c)    any other information considered to be of operational significance.

    (2) Where any changes to the air navigation system are being introduced, due account shall be taken by the services responsible for such changes of time needed by aeronautical information services for the preparation, production and issue of relevant material for promulgation.

    (3) The provision of information to aeronautical information services shall be timely and to ensure this, close co-ordination between those services concerned is required.

    (4) The most important changes to aeronautical information are those that affect charts and computer based navigation systems which qualify to be notified by the Aeronautical Information Regulation and Control (AIRAC) system.

    (5) The predetermined, internationally agreed AIRAC effective date shall be observed by the responsible aerodrome services when submitting the raw information or data to aeronautical information services.

    (6) The aerodrome services responsible for the provision of raw aeronautical information or data to the aeronautical information services shall do that while taking account the accuracy and integrity requirements required to meet the needs of the end-user of aeronautical data.

PART V
Wildlife Hazard Management (regs 43-47)

43.    Animals not allowed in restricted areas of aerodrome

    A person shall not bring, graze or permit an animal in the restricted area of an aerodrome or cause any animal to graze or feed in the restricted area of an aerodrome.

44.    Wildlife hazard management

    (1) An operator shall, in consultation with the authority responsible for wildlife, take necessary action to control wildlife hazards at an aerodrome.

    (2) An operator shall ensure that procedures to deal with the danger posed to aircraft operations by the presence of wildlife in an aerodrome flight pattern or movement area are in place.

    (3) The wildlife management plan of an aerodrome shall be approved by the Authority and shall form part of the aerodrome manual.

45.    Wildlife strike hazard reduction at aerodrome

    (1) An operator shall—

    (a)    develop a Wildlife Hazard Management Programme to minimise the risks associated with wildlife strike hazards; and

    (b)    take practical measures to control the wildlife habitat around an aerodrome and to disperse birds, which are a potential hazard to aircraft operations.

    (2) A wildlife strike hazard on, or in the area of, an aerodrome shall be assessed through—

    (a)    the establishment of a national procedure for recording and reporting wildlife strikes to aircraft;

    (b)    the collection of information from aircraft operators, aerodrome personnel and other sources on the presence of wildlife on, or around the aerodrome constituting a potential hazard to aircraft operations; and

    (c)    an ongoing evaluation of the wildlife hazard by competent personnel.

    (3) An operator shall—

    (a)    collect and forward wildlife strike reports to the Authority for submission to ICAO for inclusion in the ICAO Bird Strike Information System (IBIS) database; and

    (b)    take action to—

        (i)    decrease the risk to aircraft operations by adopting measures to minimise the likelihood of collisions between wildlife and aircraft,

        (ii)    eliminate or to prevent the establishment of refuse collection sites, garbage disposal dumps, including landfills, or any other source which may attract wildlife to an aerodrome, or its vicinity, unless an appropriate wildlife assessment indicates that they are unlikely to create conditions conducive to a wildlife hazard problem.

    (4) Subject to subregulation (3)(b)(ii), refuse collection sites, garbage disposal dumps and landfills shall be located no closer than a 13km radius circle centred on the aerodrome reference point and shall be located further, if located in the vicinity of an approach and take-off path of an aerodrome, except where studies of flight lines of birds attracted to these sites show that the birds will not cause a problem for the aerodrome.

    (5) An operator and relevant authorities shall, where the elimination of existing sites is not possible, ensure that any risk to aircraft posed by these sites is assessed and reduced to as low as reasonably practicable.

    (6) An operator shall—

    (a)    establish—

        (i)    a Local Wildlife Hazard Management Committee to manage wildlife hazard at an aerodrome, and

        (ii)    an aerodrome wildlife control unit, adequately equipped to control and manage wildlife hazard at an aerodrome;

    (b)    maintain records of all aspects of wildlife hazard control;

    (c)    monitor the local environment including any activities that may attract wildlife and in designing the wildlife hazard management programme, shall consider that environment and the activities that may attract wildlife; and

    (d)    give due consideration to aviation safety concerns related to land developments in the area of an aerodrome that may attract wildlife.

46.    National Committee on Wildlife Hazard Management

    (1) There shall be a National Committee on Wildlife Hazard Management established by the Authority.

    (2) The Committee shall consist of 16 members and shall be constituted as follows—

    (a)    the Director Airport Services from the Authority, who shall be the Chairperson;

    (b)    officers not below the rank of Director to represent Ministries responsible for—

        (i)    civil aviation,

        (ii)    local government, and

        (iii)    defence;

    (c)    two representatives from aerodrome operators;

    (d)    two representatives from aircraft operators;

    (e)    two air navigation service providers;

    (f)    two agencies responsible for wildlife services; and

    (g)    the Chairpersons of the airport local wildlife hazard management committees.

    (3) The National Committee on Wildlife Hazard Management shall be responsible for—

    (a)    analysing wildlife hazard problems at aerodromes;

    (b)    carrying out research and development on wildlife hazard management;

    (c)    acting as an interface between the aerodrome operators and air operators;

    (d)    advising aerodrome operators on wildlife hazard management; and

    (e)    reviewing the effectiveness of the wildlife hazard management programmes at aerodromes.

47.    Assessment of wildlife strike hazards at aerodrome

    An operator shall carry out a wildlife hazard assessment at the aerodrome and put in place measures to reduce the risk of a wildlife strike at an aerodrome.

PART VI
Aerodrome Physical Characteristics (regs 48-75)

48.    Conditions for operating aerodrome

    An operator shall not operate an aerodrome licensed or certified under these Regulations unless the facilities and characteristics of an aerodrome are effectively related and match the needs of the aircraft for which an aerodrome is intended.

49.    Standard for physical characteristics of aerodrome

    A person shall not operate an aerodrome unless the physical characteristics of the aerodrome comply with these Regulations.

50.    Number and orientation of runways

    (1) The number and orientation of a runway at an aerodrome shall be such that the usability factor of an aerodrome is not less than 95 per cent for the aircraft for which the aerodrome is intended to serve, taking into account the wind distribution for the location.

    (2) The siting and orientation of runways at an aerodrome shall be such that the arrival and departure tracks minimise interference with areas approved for residential use and other noise sensitive areas close to the aerodrome in order to avoid future noise problems.

    (3) Where a new instrument runway is being located, particular attention shall be given to areas over which aircraft will be required to fly when following instrument approach and missed approach procedures, so as to ensure obstacles in these areas or other factors will not restrict the operation of the aircraft for which the runway is intended.

51.    Maximum permissible cross-wind component

    (1) The cross-wind component for aircraft landing and taking-off shall not exceed the cross-wind components, in determining the number of runways and orientation of runways at—

    (a)    37 km/h in the case of aircraft whose reference field length is 1500 m or more, except that when poor runway braking action owing to an insufficient longitudinal co-efficient of friction is experienced with some frequency, a cross-wind component not exceeding 24km/h shall be assumed;

    (b)    24 km/h in the case of aircraft whose reference field length is 1200 m or up to but not including 1500 m; and

    (c)    19 km/h in the case of aircraft whose reference field length is less than 1200 m.

    (2) The factors that may affect the calculation of the estimate of the usability factor and allowance to be made to take account of the effect of unusual circumstances shall include—

    (a)    type of operation;

    (b)    climatological conditions including wind distribution, wind statistics and cross-wind components;

    (c)    topography of an aerodrome site, aircraft approach paths, and surroundings including—

        (i)    obstacle limitation surfaces, as applicable,

        (ii)    current and future land use,

        (iii)    construction costs, and

        (iv)    visual and non-visual aids; or

    (d)    air traffic in the area of an aerodrome including—

        (i)    proximity of other aerodromes or air traffic services routes,

        (ii)    traffic density, and

        (iii)    traffic control procedures where applicable and missed approach procedures.

52.    Data to be used for calculation of runway usability factor

    (1) The selection of data to be used for the calculation of the runway usability factor shall be based on reliable wind distribution statistics that extend over a period of not less than five years with wind observations made at least eight times daily and spaced at equal intervals of time.

    (2) The wind distribution of a shorter period may be used for runways in categories 1 and 2 and registered aerodromes as determined by the operator and approved by the Authority.

53.    Location of threshold

    (1) A threshold shall be located at the extremity of a runway unless operational considerations justify the choice of another location.

    (2) In determining that no obstacles penetrate above the approach surface, account shall be taken of mobile objects such as vehicles on roads and trains, at least within that portion of the approach area within 1200 m longitudinally from the threshold and of an overall width of not less than 150 m.

    (3) The operator shall take into account the various factors which may have a bearing on the location of a threshold, where it is necessary to displace a threshold, either permanently or temporarily from its normal location.

    (4) Where a displacement is due to an unserviceable runway condition, a cleared and graded area of at least 60 m in length shall be available between the unserviceable area and the displaced threshold and an additional distance shall be provided to meet the requirements of the Runway End Safety Area.

    (5) Without prejudice to the generality of subregulation (3), the factors to be considered in the determination of the location of a displaced threshold shall be—

    (a)    obstacles in the approach surface;

    (b)    landing distance available;

    (c)    type of aircraft for which the runway is intended;

    (d)    visibility and cloud base conditions;

    (e)    obstacle clearance limit in the case of precision approach runways; and

    (f)    provision for obstacle free surfaces.

54.    Determination of actual length of runways

    (1) Notwithstanding the provisions of subregulation (3), the actual runway length to be provided for a primary runway shall be adequate to meet the operational requirements of the aircraft for which the runway is intended and shall not be less than the longest length determined by applying the corrections for local conditions to the operations and performance characteristics of the relevant aircraft, including elevation, temperature, runway slope, humidity and the runway surface characteristics.

    (2) The length of a secondary runway shall be determined in accordance with subregulation (1) except that consideration shall only be given to the needs of those aircraft which require to use the secondary runway in addition to other runways in order to obtain a usability factor of at least 95 per cent.

    (3) Where a runway is associated with a stop-way or clearway, an actual runway length less than that resulting from application of subregulation (1) or (2), may be considered satisfactorily, but in such a case any combination of runway, stop-way and clearway provided shall permit compliance with the operational requirements for take-off and landing of the aircraft the runway is intended to serve.

    (4) The use of stop-ways and clearways shall be as set out in Schedule 2.

55.    Determination of width of runway

    (1) The width of a runway shall not be less than the appropriate width of dimension set out in Table S-2 in Schedule 1.

    (2) The width of a precision approach runway shall not be less than 30 m where the code number is 1 or 2.

56.    Determination of minimum distance between parallel runways

    (1) The minimum distance of parallel non-instrument runways intended for simultaneous use shall be—

    (a)    210 m where the higher code number is 3 or 4;

    (b)    150 m where the higher code number is 2; and

    (c)    120 m where the higher code number is 1.

    (2) The minimum distance between centrelines of parallel instrument runways intended for simultaneous use shall be—

    (a)    1035 m for independent parallel approaches;

    (b)    915 m for dependent parallel approaches;

    (c)    760 m for independent parallel departures; and

    (d)    760 m for segregated parallel operations, except that—

        (i)    may be decreased by 30 m for each 150 m that the arrival runway is staggered towards the arriving aircraft, to a minimum of 300 m, and

        (ii)    shall be increased by 30 m for each 150 m that the arrival runway is staggered away from the arriving aircraft; and

    (e)    for independent parallel approaches, combinations for minimum distances and associated conditions may be applied when it is determined that such combinations would not adversely affect the safety of aircraft operations.

57.    Slopes on runways

    (1) The longitudinal slope of a runway shall be computed by runways dividing the difference between the maximum and minimum elevation along the runway centreline by the runway length and shall not exceed—

    (a)    1 per cent where the code number is 3 or 4; and

    (b)    2 per cent where the code number is 1 or 2.

    (2) The longitudinal slopes along any portion of a runway shall not exceed—

    (a)    1.25 per cent where the code number is 4, save for the first and last quarter of the length of the runway, where the longitudinal slope shall not exceed 0.8 per cent;

    (b)    1.5 per cent where the code number is 3, save for the first and last quarter of the length of a precision approach runway category II or III, the longitudinal slope shall not exceed 0.8 per cent; and

    (c)    2 per cent where the code number is 1 or 2.

    (3) Where slope changes cannot be avoided, the slope change between two consecutive slopes shall not exceed—

    (a)    1.5 per cent where the code number is 3 or 4; and

    (b)    2 per cent where the code number is 1 or 2.

    (4) The transition from one slope to another shall be accomplished by a curved surface with a rate of change not exceeding—

    (a)    0.1 per cent per 30 m (minimum radius of a curvature of 30 000 m) where the code number is 4;

    (b)    0.2 per cent per 30 m (minimum radius of a curvature of 15 000 m) where the code number is 3; and

    (c)    -0.4 per cent per 30 m (minimum radius of a curvature of 7500 m) where the code number is 1 or 2.

    (5) Where slope changes cannot be avoided, the changes shall be such that there will be an obstructed line of sight from any point—

    (a)    3 m above a runway to all other points 3 m above the runway within a distance of at least half the length of the runway where the code letter is C, D, E or F;

    (b)    2 m above a runway to all other points 2 m above the runway within a distance of at least half the length of the runway where the code letter is B; and

    (c)    1.5 m above a runway to till other points 1.5 m above the runway within a distance of at least half the length of the runway where the code letter is A,

in any case, consideration will have to be given to providing an unobstructed line of sight over the entire length of a single runway where a full-length parallel taxiway is not available, and where an aerodrome has intersecting runways, additional criteria on the line of sight of the intersection area would need to be considered for operational safety.

    (6) Any undulations or appreciable changes in slope located close together along a runway shall be avoided and the distance between the points of intersection of two successive curves shall not be less than—

    (a)    the absolute numerical values of the corresponding slope changes multiplied by the appropriate value as follows—

        (i)    30 000 m where the code number is 4,

        (ii)    15 000 m where the code number is 3, and

        (iii)    5 000 m where the code number is 1 or 2; or

    (b)    45 m whichever is greater.

    (7) The runway surface shall, if practicable, to promote the most drainage of water, be cambered except where a single cross fall from high to low in the direction of the wind most frequently associated with rain would ensure raid drainage.

    (8) The transverse slope shall, where possible be—

    (a)    1.5 per cent where the code letter is C, D, E or F;

    (b)    2 per cent where the code letter is A or B but shall not exceed 1.5 per cent or 2 per cent, as applicable, nor be less than 1 per cent except at runway or taxiway intersections where flatters slope may be necessary; and

    (c)    for a cambered surface the transverse slope on each side of the centreline shall be symmetrical.

    (9) The transverse slope shall be substantially the same throughout the length of a runway except at an intersection with another runway, where an even transition shall be provided taking into account the need for adequate drainage.

58.    Strength of runways

    A runway shall be capable of withstanding the air traffic for which the runway is intended to serve.

59.    Surface of runways

    (1) The surface of a runway shall be constructed without irregularities that would impair the runway surface friction characteristics or otherwise adversely affect the take-off or landing of an aircraft.

    (2) A paved runway shall be constructed or resurfaced as to provide surface friction characteristics at or above the minimum friction level specified by the Authority.

    (3) The surface of a paved runway shall be evaluated when constructed or resurfaced to determine the surface friction characteristics achieve the design objectives.

    (4) The measurements of the surface friction characteristics of a new or resurfaced paved runway shall be made with a continuous friction measuring device using self-wetting features.

    (5) The average surface texture depth of a new surface shall not be less than 1.0 mm, taking into consideration macro texture and micro texture in order to provide the required surface friction characteristics.

    (6) The grooves or scorings of a grooved or scored surface shall either be perpendicular to the runway centreline or parallel to non-perpendicular transverse joints, where applicable.

60.    Runway shoulders

    (1) A runway where the code letter is D, E, or F shall be provided with runway shoulders.

    (2) An aeroplane with OMGWS from 9 m up to but not including 15 m, the runway shoulders shall extend symmetrically on each side of the runway so that the overall width of the runway and its shoulders is not less than—

    (a)    60 m where the code letter is D or E;

    (b)    60 m where the code letter is F with two or three engined aeroplanes; and

    (c)    75 m where the code letter is F with four or more engined aeroplanes.

    (3) The surface of the shoulder that abuts the runway shall be flush with the surface of the runway and its transverse slope shall not exceed 2,5 per cent.

    (4) The portion of a runway shoulder between the runway edge and a distance of 30 m from the runway centreline shall be prepared or constructed so as to be capable, in the event of an aircraft running off the runway, of supporting the aircraft without inducing.

    (5) A runway shoulder shall be prepared or constructed so as to resist erosion and the ingestion of the surface material by aeroplane engines.

    (6) The runway shoulders for code letter F aeroplanes shall be paved to a minimum overall width of runway and shoulder of not less than 60 m.

61.    Runway turn pads

    (1) Where the end of a runway is not served by a taxiway or a taxiway turnaround and the code letter is—

    (a)    D, E, or F; or

    (b)    A, B, or C,

a runway turn pad shall be provided to facilitate a 180 degree turn of the aircraft.

    (2) The runway turn pad may be located on either the left or right side of the runway and adjoining the runway pavement at both ends of the runway and at some intermediate locations where deemed necessary.

    (3) The intersection angle of the runway turn pad with the runway shall not exceed 30 degrees.

    (4) The nose wheel steering angle to be used in the design of the runway turn pad shall not exceed 45 degrees.

    (5) The design of a runway turn pad shall be such that, when the cockpit of the aircraft for which the turn pad is intended remains over the turn pad marking, the clearance distance between any wheel of the aircraft landing gear and the edge of the turn pad shall not be less than that given by the following tabulation—

 

Up to but not including 4.5 m

4.5 m up to but not including 6 m

6 m up to but not including 9 m

9 m to but not including 15 m

Clearance

1.50 m

2.25 m

3 m* or 4 m**

4 m

* if the turn pad is intended to be used by aeroplanes with a wheel base less than 18m.
** if the turn pad is intended to be used by aeroplanes with a wheel base equal to or greater than 18.

    (6) The longitudinal and transverse slope on a runway turn pad shall be sufficient to prevent the accumulation of water on the surface and facilitate rapid drainage of surface water, and the slopes shall be the same as those on the adjacent runway pavement surface.

    (7) The strength of a runway turn pad shall be at least equal to that of the adjoining runway which it serves, due consideration being given to the fact that the turn pad will be subjected to slow moving traffic making hard turns and consequent higher stresses on the pavement and where a runway turn pad is provided with flexible pavement, the surface shall be capable of withstanding the horizontal shear forces exerted by the main landing gear tyres during turning manoeuvres.

    (8) The surface of a runway turn pad shall—

    (a)    not have surface irregularities that may cause damage to an aircraft using the turn pad; and

    (b)    be constructed or resurfaced so as to provide surface friction characteristics at least equal to that of the adjoining runway.

    (9) The runway turn pads shall be provided with shoulders of such width as is necessary to prevent surface erosion by the jet blast of the most demanding aircraft for which the turn pad is intended, and any possible foreign object damage to the aircraft engines, and as a minimum, the width of the shoulders shall be required to cover the outer engine of the most demanding aircraft and thus may be wider than the associated runway shoulders.

    (10) The strength of the runway turn pad shoulders shall be capable of withstanding the occasional passage of the aircraft it is designed to serve without inducing structural damage to the aircraft and to the supporting ground vehicles that may operate on the shoulder.

    (11) The provisions of this regulation shall only apply to aerodromes in categories A and B.

62.    Runway strips

    (1) A runway and any associated stop ways shall be included in a strip.

    (2) A strip shall extend before the threshold and beyond the end of the runway or stopway for a distance of at least—

    (a)    60 m where the code number is 2, 3, or 4;

    (b)    60 m where the code number is 1 and the runway is an instrument one; and

    (c)    30 m where the code number is 1 and the runway is a non-instrument one.

    (3) A strip including a precision approach runway shall, wherever practicable, extend laterally to a distance of at least—

    (a)    140 m where the code number is 3 or 4; and

    (b)    70 m where the code number is 1 or 2, on each side of the centreline of the runway and its extended centreline throughout the length of the strip.

    (4) A strip including a non-precision approach runway shall extend laterally to a distance of at least—

    (a)    140 m where the code number is 3 or 4; and

    (b)    70 m where the code number is 1 or 2, on each side of the centreline of the runway and its extended centreline throughout the length of the strip.

    (5) A strip including a non-instrument runway shall extend on each side of the centreline of the runway and its extended centreline throughout the length of the strip, to a distance of at least—

    (a)    75 m where the code number is 3 or 4;

    (b)    40 m where the code number is 2; and

    (c)    30 m where the code number is 1.

    (6) An object situated on a runway strip which may endanger aircraft shall be regarded as an obstacle and shall, as far as practicable, be removed.

    (7) A fixed object shall not be permitted on any part of a runway strip of a precision approach runway delineated by the lower edges of the inner transition surfaces, other than visual aids required for air navigation or those required for aircraft safety purposes and which must be sited on the runway strip and satisfying the relevant frangibility requirement.

    (8) A mobile object shall be permitted on the runway strip during the use of the runway for landing or take-off.

    (9) A portion of a strip of an instrument runway within a distance of at least—

    (a)    75 m where the code number is 3 or 4; and

    (b)    40 m where the code number is 1 or 2,

from the centreline of the runway and its extended centreline shall provide a graded area for aeroplanes which the runway is intended to serve in the event of an aircraft running off the runway.

    (10) A portion of a strip of a non-instrument runway within a distance of at least—

    (a)    75 m where the code number is 3 or 4;

    (b)    40 m where the code number is 2; and

    (c)    30 m where the code number is 1,

from the centreline of the runway and its extended centreline shall provide a graded area for aeroplanes which the runway is intended to serve in the event of an aircraft running off the runway.

    (11) The surface of a portion of a strip that abuts a runway, shoulder or stopway shall be flush with the surface of the runway, shoulder or stopway.

    (12) The areas in subregulation (11) shall be able to withstand the occasional passage of the critical aircraft for runway pavement design, where they have paved surfaces.

63.    Slopes on runway strips

    (1) A longitudinal slope along a portion of a strip to be graded runway strips shall not exceed—

    (a)    1.5 per cent where the code is number 4;

    (b)    1.75 per cent where the code number is 3; and

    (c)    2 per cent where the code number is 1 or 2.

    (2) Any slope changes on a portion of a strip to be graded shall be as gradual as practicable and abrupt changes or sudden reversals of slopes avoided.

    (3) The transverse slopes on a portion of a strip to be graded shall be adequate to prevent the accumulation of water on the surface but shall not exceed—

    (a)    2.5 per cent where the code number is 3 or 4; and

    (b)    3 per cent where the code number is 1 or 2,

except that, to facilitate drainage the slope for the first 3 m outward from the runway, shoulder or stopway edge shall be negative as measured in the direction away from the runway and may be as great as 5 per cent.

    (4) The transverse slopes of any portion of a strip beyond that to be graded shall not exceed an upward slope of 5 per cent as measured in the direction away from the runway.

    (5) A portion of a strip of an instrument runway within a distance of at least—

    (a)    75 m where the code number is 3 or 4; and

    (b)    40 m where the code number is 1 or 2,

from the centreline of the runway and its extended centreline shall be so prepared or constructed as to minimise hazards arising from differences in load-bearing capacity to aeroplanes which the runway is intended to serve in the event of an aircraft running off the runway.

    (6) A portion of a strip containing a non-instrument runway within a distance of at least—

    (a)    75 m where the code number is 3 or 4;

    (b)    40 m where the code number is 2; and

    (c)    30 m where the code number is 1,

from the centreline of the runway and its extended centreline shall be so prepared or constructed as to minimise hazards arising from differences in load-bearing capacity to aeroplanes which the runway is intended to serve in the event of an aircraft running off the runway.

64.    Runway End Safety Area

    (1) A Runway End Safety Area shall be provided at each end of a safety area runway strip where the code number is—

    (a)    3 or 4; and

    (b)    1 or 2 and the runway is an instrument one.

    (2) A Runway End Safety Area shall be provided at each end of a runway strip where the code number is 1 or 2 and the runway is a non-instrument one.

    (3) A Runway End Safety Area shall extend from the end of a runway strip to a distance of at least twice that of the associated runway.

    (4) The width of a Runway End Safety Area shall—

    (a)    be at least twice that of the associated runway; and

    (b)    wherever practicable, be equal to that of the graded portion of the associated runway strip.

    (5) An object situated on a Runway End Safety Area which may endanger aeroplanes shall be regarded as an obstacle and shall, as far as practicable, be removed.

    (6) A runway safety area shall provide a cleared and graded area for aeroplanes which the runway is intended to serve in the event of an aircraft undershooting or overrunning the runway.

    (7) The slopes of a Runway End Safety Area shall be such that no part of the Runway End Safety Area penetrates the approach or take-off climb surface.

    (8) The longitudinal slopes of a Runway End Safety Area shall not exceed a downward slope of 5 per cent and longitudinal slope changes shall be as gradual as practicable with abrupt changes or sudden reversals of slopes avoided.

    (9) The transverse slopes of a Runway End Safety Area shall not exceed an upward or downward slope of 5 per cent, and the transitions between differing slopes shall be as gradual as practicable.

    (10) A Runway End Safety Area shall be so prepared or constructed as to reduce the risk of damage to an aircraft undershooting or overrunning the runway, enhance aircraft deceleration and facilitate the movement of rescue and firefighting vehicles.

65.    Clearways

    (1) The origin of a clearway shall be provided, at the end of the take-off run available.

    (2) The length of a clearway shall not exceed half the length of the take-off run available.

    (3) A clearway shall extend laterally on each side of the extended centreline of the runway, to a distance of at least—

    (a)    75 m for instrument runways; and

    (b)    half of the width of the runway strip.

    (4) The ground in a clearway shall not project above a plane having an upward slope of 1.25 per cent, the lower limit of this plane being a horizontal line which—

    (a)    is perpendicular to the vertical plane containing the runway centreline; and

    (b)    passes through a point located on the runway centreline at the end of the take-off run available.

    (5) Any abrupt upward changes in slope shall be avoided when the slope on the ground in a clearway is relatively small or when the mean slope is upward and in such cases, any portion of the clearway within a distance of 22.5 m or half the runway width, whichever is greater, on each side of the extended centreline, the slopes, slope changes and the transition from runway to clearway shall conform with those of the runway with which the clearway is associated.

    (6) An object situated on a clearway which may endanger aeroplanes in the air shall be regarded as an obstacle and shall be removed.

    (7) The provisions of this regulation shall only apply to aerodromes in categories A and B.

66.    Stopways

    (1) A stopway shall have the same width as the runway with which it is associated.

    (2) Any slope or changes in the slope on a stopway, and the transition from a runway to a stopway, shall comply with the provisions of regulations 60 to 66 for the runway with which the stopway is associated except that—

    (a)    the limitation in regulation 60 of 0.8 per cent slope for the first and last quarter of the length of a runway need not be applied to the stopway; and

    (b)    at the junction of the stopway and runway and along the stopway the maximum rate of slope change may be 0.3 per cent per 30 m, with a minimum radius of curvature of 10 000 m for a runway where the code number is 3 or 4.

    (3) A stopway shall be prepared or constructed so as to be capable, in the event of an abandoned take-off, of supporting the aircraft which the stopway is intended to serve without inducing structural damage to the aircraft.

    (4) The surface of a paved stopway shall be so constructed or resurfaced as to provide surface friction characteristics at or above those of the associated runway.

67.    Radio altimeter operating area

    (1) A radio altimeter operating area shall—

    (a)    be established in the operating area pre-threshold area of a precision approach runway;

    (b)    extend before the threshold for a distance of at least 300 m; and

    (c)    extend laterally, on each side of the extended centreline of the runway, to a distance of 60 m, except that, when special circumstances so warrant, the distance may be reduced to no less than 30 m if an aeronautical study indicates that such reduction would not affect the safety of an aircraft.

    (2) Any slope changes on a radio altimeter operating area shall be avoided or kept to a minimum and where slope changes cannot be avoided, abrupt changes or sudden reversals of slope shall be as gradual as practicable and the rate of change between two consecutive slopes shall not exceed 2 per cent per 30 m.

68.    Taxiways

    (1) A taxiway shall be provided to permit the safe and expeditious surface movement of aircraft.

    (2) There shall be sufficient entrance and exit taxiways provided for a runway to expedite the movement of aeroplanes to and from the runway and provision of rapid exit taxiways considered when traffic volume is high.

    (3) The design of a taxiway shall be such that, when the cockpit of the aircraft for which the taxiway is intended remains over the taxiway centreline markings, the clearance distance between the outer main wheel of the aircraft and the edge of the taxiway shall be no less than—

  Up to but not including 4.5 m

4.5 m up to but not including 6 m6 m up to but not including 9 m9 m up to but not including 15 mClearance1.50 m2.25 m3 ma, b or 4 mc4 m

 

    (4) The design of a taxiway shall be such that, when the cockpit of the aircraft for which the taxiway was intended remains over the taxiway centreline markings, the clearance distance between the outer main wheel of the aircraft and the edge of the taxiway shall be no less than—

  Up to but not including 4.5 m

4.5 m up to but not including 6 m6 m up to but not including 9 m9 m up to but not including 15 mTaxiway width7.5 m10.5 m15 m23 m

where the code letter is F and the traffic density is high, a wheel to edge clearance greater than 4.5 m may be provided to permit higher taxiing speeds.

    (5) A straight portion of a taxiway shall have a width of no less than—

Code letter

Taxiway widthA7.5 mB10.5 mC15 m if the taxiway is intended to be used by an aeroplane with a wheel base less than 18 m and 18 m if the taxiway is intended to be used by an aeroplane with a wheel base equal to or greater than 18 m.D18 m if the taxiway is intended to be used by an aeroplane with an Outer Main Gear Wheel Span of less than 9 m and 23 m if the taxiway is intended to be used by an aeroplane with an Outer Main Gear Wheel Span equal to or greater than 9 mE23 mF25 m

    (6) An operator shall ensure that—

    (a)    changes in direction of taxiways shall be as few and small as possible;

    (b)    the radii of the curves shall be compatible with the manoeuvring capability and normal taxiing speeds of the aircraft for which the taxiway is intended; and

    (c)    the design of the curve shall be such that, when the cockpit of the aircraft remains over the taxiway centreline markings, the clearance distance between the outer main wheels of the aircraft and the edge of the taxiway shall be no less than those specified in subregulation (3).

    (7) An operator shall provide fillets at junctions and intersections of taxiways with runways, aprons and other taxiways in order to facilitate the movement of aeroplanes.

    (8) The design of the fillets shall ensure that the minimum wheel clearance specified in subregulation (3) are maintained when aeroplanes are manoeuvring through the junctions or intersections and consideration shall be given to the aircraft datum length when designing fillets.

    (9) The separation distance between the centreline of a taxiway and the centreline of a runway, the centreline of a parallel taxiway or an object shall not be less than the appropriate dimension as set out in Table S1-3 of Schedule 1 except that it may be permissible to operate with lower separation distances at an existing aerodrome.

    (10) Notwithstanding the provisions of subregulation (9) it may be permissible to operate with a lower distance at an existing aerodrome if an aeronautical study indicates that such distance would not adversely affect the safety or significantly affect the regularity of operations of aeroplanes.

    (11) The longitudinal slope of a taxiway shall not exceed—

    (a)    1.5 per cent where the code letter is C, D, E or F; and

    (b)    3 per cent where the code letter is A or B.

    (12) Any slope changes on a taxiway which cannot be avoided, the transition from one slope to another slope shall be accomplished by a curved surface with a rate of change not exceeding—

    (a)    1 per cent per 30 m with a minimum radius of curvature of 3000 m where the code letter is C, D, E or F; and

    (b)    1 per cent per 25 m with a minimum radius of curvature of 2500 m where the code letter is A or B.

    (13) Any slope change on a taxiway which cannot be avoided, the change shall be such that, from any point—

    (a)    3 m above the taxiway, the whole surface of the taxiway for a distance of at least 300 m from that point is visible where the code letter is C, D, E or F;

    (b)    2 m above the taxiway, the whole surface of the taxiway for a distance of at least 200 m from that point is visible where the code letter is B; and

    (c)    1.5 m above the taxiway, the whole surface of the taxiway for a distance of at least 150 m from that point is visible where the code letter is A.

    (14) The transverse slopes of a taxiway shall prevent the accumulation of water on the surface of the taxiway but shall not exceed—

    (a)    zero per cent where the code letter is C, D, E or F; and

    (b)    two per cent where the code letter is A or B.

    (15) The strength of a taxiway shall be at least, equal to that of the runway it serves, due consideration being given to the fact that a taxiway will be subjected to a greater density of traffic and, as a result of slow moving and stationary aeroplanes, to higher stresses than the runway it serves.

    (16) The surface of a taxiway shall not have irregularities that cause damage to aeroplane structures.

    (17) The surface of a paved taxiway shall be so constructed or resurfaced as to provide suitable surface friction characteristics.

69.    Rapid exit taxiways

    (1) A rapid exit taxiway shall be designed with a radius of turn taxiways off curve of at least—

    (a)    550 m where the code number is 3 or 4; and

    (b)    275 m above the taxiway where the code number is 1 or 2,

to enable exit speeds under wet conditions of 93 km/h where the code number is 3 or 4 and 65 km/h where the code number is 1 or 2.

    (2) The radius of the fillet on the inside of the curve at a rapid exit taxiway provide a widened taxiway throat in order to facilitate early recognition of the entrance and turn-off into the taxiway.

    (3) A rapid exit taxiway shall include a straight distance after the turn-off curve for an existing aircraft to come to a full stop clear of any intersecting taxiway.

    (4) The intersection angle of a rapid exit taxiway with the runway shall not be greater than 45 degrees and not less than 25 degrees and preferably shall be 30 degrees.

70.    Taxiway on bridges

    (1) The width of a portion of a taxiway bridge capable of supporting aeroplanes, as measured perpendicularly to the taxiway centreline, shall not be less than the width of the graded area of the strip provided for that taxiway, unless a proven method of lateral restraint is provided which shall not be hazardous for aeroplanes for which the taxiway is intended.

    (2) The operator shall provide access to allow rescue and firefighting vehicles to intervene in both directions within the specified response time to the largest aeroplane for which the taxiway is intended.

    (3) A bridge shall be constructed on a straight section of the taxiway with a straight section on both ends of the bridge to facilitate the alignment of aeroplanes approaching the bridge.

71.    Taxiway shoulders

    (1) The straight portions of a taxiway where the code letter is C, D, E or F shall be provided with shoulders which extend symmetrically on each side of the taxiway so that the overall width of the taxiway and its shoulders on straight portions is not less than—

    (a)    44 m where the code letter is F;

    (b)    38 m where the code letter is E;

    (c)    34 m where the code letter is D; and

    (d)    25 m where the code letter is C.

    (2) Where increased pavement is provided, on taxiway curves, junctions or intersections, the shoulder width shall not be less than that on the adjacent straight portions of the taxiway.

    (3) A taxiway intended to be used by turbine-engined aeroplanes, the surface of the taxiway shoulders shall be built to resist erosion and the ingestion of the surface material by aircraft engines.

72.    Taxiway strips

    (1) A taxiway, other than an aircraft stand taxilane, shall be included in a strip.

    (2) A taxiway strip shall extend symmetrically on each side of the centreline of the taxiway throughout the length of the taxiway to at least the distance from the centreline set out in Table S1-3, column 11 of Schedule 1.

    (3) An operator shall ensure that the taxiway is clear of objects which may endanger taxiing aircraft taking into consideration the location and design of drains, including suitably designed drain covers, to prevent damage to an aircraft accidentally running off a taxiway.

    (4) The centre portion of a taxiway strip shall provide a graded area to a distance from the centreline of the taxiway of at least—

    (a)    10.25 m where the OMGWS is less than 4.5 m;

    (b)    11 m where the OMGWS is 4.5 m and higher but less than 6 m;

    (c)    12.0 m where the OMGWS is 6 m and higher but less than 9 m;

    (d)    18.50 m where the OMGWS is 9 m and higher but less than 15 m where the code letter is D;

    (e)    19 m where the OMGWS is 9 m and higher but less than 15 m, where the code letter is E; and

    (f)    22 m where the OMGWS is 9 m and higher but less than 15 m, where the code letter is F.

    (5) The surface of the strip shall be flush at the edge of the taxiway or shoulder, if provided, and the graded portion shall not have an upward transverse slope exceeding—

    (a)    2.5 per cent for strips where the code letter is C, D, E or F; and

    (b)    3 per cent for strips of taxiways where the code letter is A or B, the upward slope being measured with reference to the transverse slope of the adjacent taxiway surface and not the horizontal.

    (6) The downward transverse slope shall not exceed 5 per cent measured with reference to the horizontal.

    (7) The transverse slopes on any portion of a taxiway strip beyond that to be graded shall not exceed an upward or downward slope of 5 per cent as measured in the direction away from the taxiway.

73.    Holding bays, runway-holding positions, intermediate holding positions and road holding positions

    (1) A holding bay shall be provided at aerodromes where the runway traffic density is medium or heavy holding positions, intermediate holding positions and road holding positions.

    (2) A runway-holding position or positions shall be established—

    (a)    on the taxiway, at the intersection of a taxiway and runway; and

    (b)    at an intersection of a runway with another runway when the former runway is part of a standard taxi-route.

    (3) A runway-holding position shall be established on a taxiway if the location or alignment of the taxiway is such that a taxiing aircraft or vehicle can infringe an obstacle limitation surface or interfere with the operation of radio navigation aids.

    (4) An intermediate holding position shall be established on a taxiway at any point other than a runway-holding position where it is desirable to define a specific holding limit.

    (5) A road-holding position shall be established at an intersection of a road with a runway.

    (6) The distance between a holding bay, runway-holding position established at a taxiway or runway intersection or road-holding and the centreline of a runway shall be in accordance with Table S1-4 of Schedule 1 and, in the case of a precision approach runway, such that a holding aircraft or vehicle will not interfere with the operation of radio navigation aids or penetrate the inner transitional surface.

    (7) The distance of 90 m set out in Table S1-4 for a precision approach runway code number 4 shall be increased at elevations greater than 700 m as follows—

    (a)    up to an elevation of 2000 m, 1 m for every 100 m in excess of 700 m;

    (b)    elevation higher than 2000 m up to 4000 m, 13 m plus 1.5 m for every 100 m in excess of 2000 m; and

    (c)    elevation higher than 4000 m up to 5000 m, 43 m plus 2 m for every 100 m in excess of 4000 m.

    (8) The distance set out in Table S1-4 in Schedule 1 shall, if a holding bay, runway-holding position or road-holding position for a precision approach runway code number 4 is at a greater elevation compared to the threshold be further increased by 5 m for every metre the bay or position is higher than the threshold.

    (9) The location of a runway-holding position established in accordance with subregulation (3) shall be such that a holding aircraft or vehicle will not infringe the obstacle free zone, approach surface, take-off climb surface or instrument landing system or microwave landing system critical sensitive area or interfere with the operation of radio navigation aids.

74.    Aprons

    (1) An apron shall be provided where necessary to permit the on and off-loading of passengers, cargo or mail and servicing of aircraft without interfering with the aerodrome traffic.

    (2) The total apron area of an apron shall be adequate to permit expeditious handling of the aerodrome traffic at its maximum anticipated density and consideration shall, on aprons, be given to the provision of service roads and to manoeuvring and storage area for ground equipment.

    (3) Any part of an apron shall be capable of withstanding the traffic of the aircraft it is intended to serve, due consideration shall be given to the fact that some portions of the apron will be subjected to a higher density of traffic and, as a result of slow moving or stationery aircraft, to higher stresses than a runway.

    (4) A slope, including those on an aircraft stand taxilane, shall be sufficient to prevent accumulation of water on the surface of the apron but shall be kept as level as drainage requirements permit.

    (5) The maximum slope on an aircraft stand shall, where applicable not exceed one per cent.

    (6) An aircraft stand shall provide the minimum clearance between an aircraft using the stand and any adjacent building, aircraft on another stand and other objects as follows—

Code letter

ClearanceA3 mB3 mC4.5 mD7.5 mE7.5 mF7.5 m

    (7) The clearances in subregulation (6) may be reduced at a nose in aircraft stand—

    (a)    between the terminal, including any fixed passenger bridge, and the nose of an aircraft; and

    (b)    over any portion of the stand provided with azimuth guidance by a visual docking guidance system,

where the code letter is D, E or F and special circumstances warrant.

75.    Isolated aircraft parking

    (1) An isolated aircraft parking position shall be designated or the aerodrome control tower shall be advised of an area or areas suitable for the parking of an aircraft which is known or believed to be the subject of unlawful interference, or which for other reasons needs isolation from normal aerodrome activities.

    (2) The isolated aircraft parking position shall—

    (a)    be located at the maximum distance practicable and in any case not less than 100 m from other parking positions, building or public areas; and

    (b)    care shall be taken to ensure that the position is not located over underground utilities such as gas and aviation fuel, and to the extent feasible, electrical or communication cables.

    (3) This regulation shall only apply to aerodromes in categories A and B.

PART VII
Obstacle Restrictions and Removal (regs 76-94)

76.    Erection of obstacles

    (1) A person shall not cause or permit—

    (a)    the erection or growth of an obstacle at or in the vicinity of an aerodrome, where the obstacle may prevent an aircraft operation from being conducted safely or the aerodrome from being usable; and

    (b)    any object to penetrate the obstacle limitation surface, without the written permission of the Authority, where the object may cause an increase in an obstacle clearance altitude or in the height for an instrument approach procedure or of any associated visual circling procedure.

    (2) The object in subregulation (1)(b) includes a new object or an extension of an existing object above the obstacle limitation surface.

    (3) The obstacle clearance altitude and height applicable to obstacle limitation surface, and the obstacle limitation requirements contained under this Part and set out in Schedule 3 and shall comply with these Regulations.

    (4) The Authority may issue more limiting requirements for Obstacle Limitation Surfaces where it is deemed for safety and or security reasons.

77.    Establishment of obstacle limitation surfaces

    (1) An operator shall ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards issued in these Regulations.

    (2) An operator shall monitor the established obstacle limitation surfaces around the aerodrome for infringement by objects, buildings or other structures.

    (3) An aerodrome operator shall—

    (a)    establish a systematic means of surveying and monitoring any object that penetrates obstacle limitation surfaces around the aerodrome and report any penetration immediately to the Authority;

    (b)    notify through the aeronautical information services any object that penetrates obstacle limitation surfaces around the aerodrome; and

    (c)    work jointly with the Authority to plan and determine the allowable height limits for new developments in the vicinity of and outside its aerodrome and the type of instrument or visual flight operations that may be permitted taking the obstacle survey plan into account.

78.    Obstacle limitation surfaces

    The obstacle limitation surfaces shall comprise of the following surfaces as set out in Schedule 3 of these Regulations—

    (a)    conical surface;

    (b)    inner horizon surface;

    (c)    approach surface;

    (d)    inner approach surface;

    (e)    transitional surface;

    (f)    inner transitional surface; and

    (g)    balked landing surface.

79.    Conical surfaces

    (1) The limits of the characteristics of a conical surface shall comprise of—

    (a)    a lower edge coincident with the periphery of the inner horizontal surface; and

    (b)    an upper edge located above the inner horizontal surface at a height as set out in Table S1-5 in Schedule 1.

    (2) The slope of the conical surface shall be measured in a vertical plane perpendicular to the periphery of the inner horizontal surface.

80.    Inner horizontal surface

    (1) The radius or outer limits of an inner horizontal surface shall be measured from a reference point or points established for such purpose.

    (2) The height of the inner horizontal surface shall be measured above an elevation datum established for such purpose.

81.    Approach surface

    (1) The limits of an approach surface shall comprise of—

    (a)    an inner edge of specified length, horizontal and perpendicular to the extended centreline of the runway and located at a distance as set out in Table S1-5 of Schedule 1 before the threshold;

    (b)    two sides originating at the ends of the inner edge and diverging uniformly at a rate set out in Table S1-5 of Schedule 1 from the extended centreline of the runway; and

    (c)    an outer edge parallel to the inner edge.

    (2) The surfaces provided at subregulation (1) shall be varied when lateral offset, offset or curved approaches are utilised, specifically, two sides originating at the ends of the inner edge and diverging uniformly at a specified rate from the extended centreline of the lateral offset, offset or curved ground track.

    (3) The elevation of the inner edge shall be equal to the elevation of the midpoint of the threshold.

    (4) The slope of the approach surface shall be measured in the vertical plane containing the centreline of the runway.

82.    Inner approach surface

    The limits of the inner approach surface shall comprise of—

    (a)    an inner edge coincident with the location of the inner edge of the approach surface but of its own length as set out in Table S1-5 of Schedule 1;

    (b)    two sides originating at the ends of the inner edge and extending parallel to the vertical plane containing the centreline of the runway; and

    (c)    an outer edge parallel to the inner edge.

83.    Transitional surface

    (1) The limits of the transitional surface shall comprise of—

    (a)    a lower edge beginning at the intersection of the side of the approach surface with the inner horizontal surface and extending down the side of the approach surface to the inner edge of the approach surface and from there along the length of the strip parallel to the runway centreline; and

    (b)    an upper edge located in the plane in the inner horizontal surface.

    (2) The elevation of a point on the lower edge shall be—

    (a)    along the side of the approach surface, equal to the elevation of the approach surface at that point; and

    (b)    along the strip, equal to the elevation of the nearest point on the centreline of the runway or its extension.

    (3) Notwithstanding the provisions of subregulation (2)(b) the transitional surface along the strip shall be curved if the runway profile is curved, or plane if the runway profile is a straight line and the intersection of the transitional surface with the inner horizontal surface shall also be a curved or straight line depending on the runway surface.

    (4) The slopes of the transitional surface shall be measured in a vertical plane at right angles to the centreline of the runway.

84.    Inner transitional surface

    (1) The inner transitional surface shall be the controlling obstacle limitation surface for navigation aids, aircraft, buildings and vehicles that must be near the runway and shall not be penetrated except for frangible objects.

    (2) The limits of an inner transitional surface shall comprise of—

    (a)    a lower edge beginning at the end of the inner approach surface and extending down the side of the inner approach surface to the inner edge of that surface, from there along the strip parallel to the runway centreline to the inner edge of the balked landing surface to the point where the side intersects the inner horizontal surface; and

    (b)    an upper edge located in the plane of the inner horizontal surface.

    (3) The elevation of a point on the lower edge shall be—

    (a)    along the side of the inner approach surface balked landing surface, equal to the elevation of the particular surface at that point; and

    (b)    along the strip, equal to the elevation of the nearest point on the centreline of the runway or its extension.

    (4) Notwithstanding the provisions of subregulation (3)(b), the transitional surface along the strip shall be curved if the runway profile is curved or plane if the runway profile is a straight line, the intersection of the inner transitional surface with the inner horizontal surface shall also be a curved or a straight line depending on the runway profile.

    (5) The slope of an inner transitional surface shall be measured in a vertical plane at right angles to the centreline of the runway plane.

85.    Balked landing surface

    (1) The limits of a balked landing surface shall comprise of—

    (a)    an inner edge horizontal and perpendicular to the centreline of the runway and location at a specified distance after the threshold;

    (b)    two sides originating at the ends of the inner edge and diverging uniformly at a specified rate from the vertical plane containing the centreline of the runway; and

    (c)    an outer edge parallel to the inner edge and located in the plane of the inner horizontal surface.

    (2) The elevation of the inner edge shall be equal to the elevation of the runway centreline at the location of the inner edge.

    (3) The slope of the balked landing surface shall be measured in the vertical plane containing the centreline of the runway.

86.    Take-off climb surface

    (1) The limits of a take-off surface shall comprise of—

    (a)    an inner edge horizontal and perpendicular to the centreline of the runway and located either at a specified distance beyond the end of the runway or at the end of a clearway when such is provided and its length exceeds the specified distance;

    (b)    two sides originating at the ends of the inner edge and diverging uniformly at a specified rate from the take-off track to a specified final width and continuing thereafter at the width for the remainder of the length of the take-off climb surface; and

    (c)    an outer edge horizontal and perpendicular to the specified take-off track.

    (2) The elevation of the inner edge shall be equal to the highest point on the runway centreline between the end of the runway and the inner edge, except that when a clearway is provided the elevation shall be equal to the highest point on the ground on the centreline of the clearway.

    (3) The slope of the take-off climb surface, in the case of a straight take-off flight path shall be measured in the vertical plane containing the centreline of the runway.

    (4) The take-off climb surface shall, in the case of a take-off flight plan involving a turn, be a complex surface containing the horizontal normal to its centreline, and the slope of the centreline shall be the same as that of a straight take-off flight path.

87.    Obstacle limitation requirements for non-instrument runways

    (1) The requirements for obstacle limitation surfaces shall be specified on the basis of the intended use of a runway, that is, take-off or landing and type of approach, and shall be applied when such use is made of the runway and in cases where operations are conducted to or from both directions of a runway, then the function of certain surfaces may be nullified due to more stringent requirements of another lower surface.

    (2) The following obstacle limitation surfaces shall be established for a non-instrument runway—

    (a)    conical surface;

    (b)    inner horizontal surface;

    (c)    approach surface; and

    (d)    transitional surface.

    (3) The heights and slopes of the surfaces shall not be greater than, and their other dimensions not less than, those set out in Table S1-5 of Schedule 1.

    (4) A new object or an extension of an existing object shall not be permitted above an approach or transitional surface except where the new object or extension would be shielded by an existing immovable object.

    (5) The circumstances under which the shielding principle may reasonably be applied are set out in Schedule 3.

    (6) A new object or an extension of an existing object shall not be permitted above the conical surface or inner horizontal surface, except where the object would be shielded by an existing immovable object, or after an aeronautical study, it is determined that the object would not adversely affect the safety of aeroplane operations.

    (7) An existing object above any of the surfaces provided for in subregulation (2) shall be removed except where, in the opinion of the Authority, the object is shielded by an existing immovable object, or after aeronautical study and it is determined that the object would not adversely affect the safety or significantly affect the regularity of operations of aeroplanes.

    (8) The inner edge or portions of the inner edge of the approach surface may, due to transverse or longitudinal slopes on a strip, in certain cases, be below the corresponding elevation of the strip.

    (9) The strip may not have to be graded to conform with the inner edge of the approach surface or the terrain or objects which are above the approach surface, and in addition, terrain or objects which are above the approach surface beyond the end of the strip, but below the level of the strip, may not have to be removed unless it is considered that they may endanger aircraft.

    (10) The possible future development of an instrument runway and consequent requirement for more stringent obstacle limitation surfaces shall, in considering a proposed construction, be taken into account.

88.    Obstacle limitation requirements for non-precision approach runways

    (1) The following obstacle limitation surfaces shall be established for a non-precision approach runway—

    (a)    conical surface;

    (b)    inner horizontal surface;

    (c)    approach surface; and

    (d)    transitional surface.

    (2) The heights and slopes of the surfaces shall not be greater than, and their other dimensions not less than, those set out in Table S1-5 of Schedule 1, except in the case of the horizontal section of the approach surface as per the provisions of subregulation (3).

    (3) The approach surface shall be horizontal beyond the point at which the 2.5 per cent slope intersects—

    (a)    a horizontal plane 150 m above the threshold elevation; or

    (b)    the horizontal plane passing through the top of any object that governs the obstacle clearance altitude or height, whichever is the higher.

    (4) A new object or an extension of an existing object shall not be permitted above approach surface beyond 3000 m of the inner edge or above a transitional surface except when the new object or extension would be shielded by an existing immovable object.

    (5) A new object or an extension of an existing object shall not be permitted above the approach surface beyond 3000 m from the inner edge, the conical surface or inner horizontal surface except where the object would be shielded by an existing immovable object, or after an aeronautical study and it is determined that the object would not adversely affect the safety of aeroplane operations.

    (6) An existing object above any of the surfaces provided for in subregulation (1) shall be removed except where the object is shielded by an existing immovable object, or after an aeronautical study and it is determined that the object would not adversely affect the safety of aeroplane operations.

89.    Obstacle limitation requirements for precision approach runways

    (1) The following obstacle limitation surfaces shall be established for a precision approach runway category I—

    (a)    conical surface;

    (b)    inner horizontal surface;

    (c)    approach surface; and

    (d)    transitional surface.

    (2) The following obstacle limitation surfaces may be established for a precision approach runway category I—

    (a)    inner approach surface;

    (b)    inner transitional surface; and

    (c)    balked landing surface.

    (3) The following obstacle limitation surfaces shall be established for a precision approach runway category II or III—

    (a)    conical surface;

    (b)    inner horizontal surface;

    (c)    approach surface;

    (d)    transitional surface;

    (e)    inner transitional surface; and

    (f)    balked landing surface.

    (4) The heights and slopes of the surfaces shall not be greater than, and their other dimensions not less than, those set out in Table S1-5 of Schedule 1, except in the case of the horizontal section of the approach surface as per the provisions of subregulation (5).

    (5) The approach surface shall be horizontal beyond the point at which the 2.5 per cent slope intersects—

    (a)    a horizontal plane 150 m above the threshold elevation; or

    (b)    the horizontal plane passing through the top of any object that governs the obstacle clearance limit, whichever is the higher.

    (6) A fixed object shall not be permitted above the inner approach surface, the inner transitional surface or the balked landing surface, except for frangible objects which, due to their function must be located on the strip.

    (7) A mobile object shall not be permitted above the surfaces referred to in subregulation (6) during the use of the runway for landing.

    (8) A new object or an extension of an existing object shall not be permitted above an approach surface or a transitional surface except where, in the opinion of the Authority, the new object or extension would be shielded by an existing immovable object.

    (9) A new object or an extension of an existing object shall not be permitted above the conical surface and the inner horizontal surface except where the object would be shielded by an existing immovable object, or after an aeronautical study and it is determined that the object would not adversely affect the safety of aeroplane operations.

    (10) An existing object above an approach surface, a transitional surface, the conical surface and the inner horizontal surface shall be removed except where an object is shielded by an existing immovable object, or after an aeronautical study it is determined that the object would not adversely affect the safety of aeroplane operations.

90.    Obstacle limitation requirements for runways meant for take-off

    (1) A take-off climb surface shall be established for a runway meant for take-off.

    (2) The dimensions of the surface shall not be less than the dimensions set out in Table S1-4 in Schedule 1, except that a lesser length may be adopted or the take-off climb surface where such lesser length would be consistent with procedural measures adopted to govern the outward flight of aeroplanes.

    (3) The operational characteristics of aeroplanes for which the runway is intended shall be examined to see if it is desirable to reduce the slope set out in Table S1-4 in Schedule 1 when critical operating conditions are to be catered to.

    (4) Where a specified slope is reduced under subregulation (3), corresponding adjustment in the length of take-off climb surface shall be made so as to provide protection to a height of 300 m.

    (5) Where, local conditions differ widely from sea level standard atmospheric conditions, it may be advisable for the slope set out in Table S1-4 in Schedule 1 to be reduced.

    (6) The degree of reduction under subregulation (5) shall depend on the divergence between local conditions and sea level standard atmospheric conditions, and on the performance characteristics and operational requirements of the aeroplane for which the runway is intended.

    (7) A new object or an extension of an existing object shall not be permitted above a take-off climb surface except where, in the opinion of the Authority, the new object or extension would be shielded by an existing immovable object.

    (8) Where no object reaches the 2 per cent take-off climb surface, new objects shall be limited to preserve the existing obstacle free surface or a surface down to a slope of 1.6 per cent.

    (9) An existing object extended above a take-off climb surface shall be removed except where, in the opinion of the Authority, the object is shielded by an existing immovable object, or after an aeronautical study and it is determined that the object would not adversely affect the safety of operations of aeroplanes.

    (10) The take-off climb surface may, due to transverse slopes on a strip, clearway or in certain cases portions of the inner edge of the take-off climb surface, be below the corresponding elevation of the strip, or clearway.

    (11) The strip, or clearway may not have to be graded to conform with the inner edge of the take-off climb surface, and in addition, terrain or object which are above the take-off climb surface beyond the end of the strip or clearway, but below the level of the strip or clearway, may not have to be removed unless it is considered that they may endanger aircraft.

91.    Objects outside obstacle limitation surfaces

    (1) An aerodrome operator shall consult the Authority concerning proposed construction beyond the limits of the obstacle limitation surfaces that extend above a height determined by the Authority, in order to permit an aeronautical study of the effect of such construction on the operation of aeroplanes.

    (2) In areas beyond the limits of the obstacle limitation surfaces, at least those objects that extend to a height of 150 m or more above ground elevation, shall be regarded as obstacles, unless a special aeronautical study indicate that they do not constitute a hazard to operations of aeroplanes.

92.    Other objects

    (1) An object that does not project through the approach surface but which would nevertheless adversely affect the optimum siting or performance of visual or non-visual aids shall be removed.

    (2) Any thing which may, in the opinion of the operator, after aeronautical study, endangers aeroplanes on the movement area or in the air within the limits of the inner horizontal and conical surfaces shall be regarded as an obstacle and shall be removed.

    (3) An object that does not project above any of the surfaces described in these Regulations, may constitute a hazard to an aeroplane.

93.    Authorisation to construct within vicinity of aerodrome

    (1) A person shall not construct a building or a structure within the vicinity of an aerodrome unless authorised by the Authority.

    (2) The Authority shall, where authorisation is sort under subregulation (1), cause an aeronautical study of the effect of the construction on operation of aircraft, to be carried out.

    (3) Subject to these Regulations, new obstacles or extensions of existing objects may be permitted above an obstacle limitation surface of an aerodrome where, in the opinion of the Authority—

    (a)    the new object or extension shall be shielded by an existing immovable object in accordance with Schedule 2 to these Regulations; or

    (b)    after an aeronautical study it is determined that the object would not adversely affect the safety or significantly affect the regularity of operations of aircraft.

94.    Removal of obstacle

    (1) A person shall remove any obstacle in the vicinity of an aerodrome, except, where, after an aeronautical study by the operator, the Authority determines that the obstacle does not adversely affect the safety or significantly affect the regularity of operations of aircraft.

    (2) The Authority may direct the removal of any obstacle which, in the opinion of the Authority, constitutes a hazard to aircraft operations.

    (3) The Authority shall arrange to have an obstacle removed at the cost of a person, where a person fails to remove an obstacle within the time directed by the Authority.

PART VIII
Aeronautical Ground Lighting (regs 95-98)

95.    Application of this Part

    This Part shall apply to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10.

96.    Establishment and maintenance of aeronautical ground lights

    (1) An operator shall—

    (a)    establish and maintain aeronautical ground lights and any other lights for the safe operation of aircraft and for runways, taxiways, aprons, thresholds and stop ways;

    (b)    ensure that aeronautical ground light and any other light are installed on the aerodrome where, an aerodrome is used at night or during conditions of poor visibility; and

    (c)    ensure that the colours for aeronautical ground lights are as set out in Schedule 4.

    (2) Without prejudice to the generality of subregulation (1)(a), the location, characteristics, intensity control and settings of aeronautical ground lights shall be as set out in Schedule 5.

    (3) A non-aeronautical ground light, which, by reason of its intensity, configuration or colour, may prevent or cause confusion in the clear interpretation of aeronautical ground lights, shall be extinguished, screened or modified to eliminate such possibility.

    (4) A person shall not establish, maintain or alter, without the permission of the Authority, the character of—

    (a)    an aeronautical beacon except an aeronautical beacon which is or may be visible from the waters; and

    (b)    any aeronautical ground light, other than an aeronautical beacon, at an aerodrome, or any aeronautical ground light which forms part of the lighting system for use by aircraft taking-off or landing at the aerodrome.

    (5) A person shall not—

    (a)    intentionally or negligently damage an aeronautical ground light; or

    (b)    interfere with an aeronautical ground light without the permission of the operator.

97.    Secondary power supply

    An operator shall not operate or maintain an aerodrome provided with runway lighting without a secondary power supply.

98.    Aeronautical beacons

    (1) An operator shall provide, at each aerodrome intended for use at night, an aerodrome beacon, where—

    (a)    aircraft navigate predominantly by visual means and reduced visibility is frequent; or

    (b)    it is difficult to locate the aerodrome from the air due to surrounding light or terrain.

    (2) An aerodrome beacon shall be provided at an aerodrome intended for use at night if one or more of the following conditions exists—

    (a)    aircraft navigate predominantly by visual means;

    (b)    reduced visibilities are frequent; or

    (c)    it is difficult to locate the aerodrome from the air due to surrounding lights or terrain.

    (3) The location and characteristics of an aerodrome and identification beacon described in subregulations (1) and (2) shall be in accordance with these Regulations.

PART IX
Visual Aids and Navigation (regs 99-181)

99.    Wind direction indicators

    (1) An operator shall provide and maintain at least one wind direction indicator for an aerodrome.

    (2) The wind direction indicator provided for at subregulation (1) shall be located so as to be visible to an aircraft while in flight or on the movement area and in such a way as to be free from the effects of air disturbance caused by nearby objects.

    (3) The characteristics of the wind direction indicator, the methods and procedures for installation and maintenance shall be in accordance with these Regulations.

100.    Landing direction indicator

    (1) A landing direction indicator shall be located in a conspicuous place on the aerodrome.

    (2) The landing direction indicator shall be in the form of a "T".

    (3) The shape and minimum dimensions of a landing "T" shall be as set out in Figure S1-6 in Schedule 1.

    (4) The landing "T" shall either be, white or orange, the choice being dependent on the colour that contrasts best with the background against which the indicator will be viewed.

    (5) The landing "T" shall either be illuminated or outlined by white lights, where required for use at night.

101.    Signalling lamp

    (1) An operator shall ensure that a signalling lamp is provided at a controlled aerodrome in the aerodrome control tower.

    (2) A signalling lamp shall be capable of producing red, green and white signals and shall—

    (a)    be aimed manually at any target as required;

    (b)    give a signal in any one colour followed by a signal in either of the two other colours; and

    (c)    transmit a message in any one of the three colours by MORSE CODE up to a speed of at least four words per minute.

102.    Signal panel and signalling area

    (1) The Authority may, where it deems necessary, require a signaling panel and a signalling area to be provided at an aerodrome for safe operation of aircraft.

    (2) The location and the characteristics of the signal area shall, where provided, be in accordance with these Regulations.

    (3) The colour of the panel shall be as set out in Schedule 4.

103.    Markings

    (1) An operator shall provide markings for paved runway centreline, paved runway edge, paved runway threshold, paved touchdown zone, paved runway-holding position, aiming point, paved runway side stripe, paved runway turn pad, and intermediate holding positions at an aerodrome, in accordance with these Regulations.

    (2) The markings, of the more important runway at an intersection of two or more runways, shall be displayed and the markings of the other runways shall be interrupted, except for the runway side stripe marking.

    (3) The runway side stripe marking of the more important runway may be either continued across the intersection or interrupted.

    (4) The markings of a runway shall, at an intersection of a runway and taxiway, be displayed and the markings of the taxiway interrupted, except that runway side stripe markings may be interrupted.

    (5) The runway marking shall be white in colour.

    (6) The taxiway markings, runway turn pad markings and aircraft stand markings shall be yellow in colour.

    (7) The apron safety lines shall be of a conspicuous colour, which shall contrast with that used for aircraft stand markings.

    (8) The pavement markings shall, at aerodromes where operations take place at night, be made with reflective materials designed to enhance the visibility of the markings.

    (9) An unpaved taxiway shall be provided with the markings prescribed for paved taxiways.

    (10) The application, location and the characteristics of markers for unpaved runway edge markers, stopway edge markers, taxiway edge markers, taxiway centreline markers and boundary markers shall be as set out in these Regulations and Schedule 4.

104.    Runway designation marking

    (1) A runway designation marking shall be—

    (a)    provided at the threshold of paved runway and shall be as far as practicable, at the threshold of an unpaved runway; and

    (b)    located at a threshold as set out in Figure S1-7 in Schedule 1.

    (2) A sign showing the designation of the runway may be provided for aeroplanes taking-off, if the runway threshold is displayed from the extremity of the runway.

    (3) A runway designation marking shall consist of a two-digit number, and on parallel runways shall be supplemented with a letter provided that, on a single runway, dual parallel runways and triple parallel runways, the two-digit number shall be the whole number nearest the one-tenth of the magnetic North when viewed from the direction of approach.

    (4) Where there are four or more parallel runways, one set of adjacent runways shall be numbered to the nearest one-tenth magnetic azimuth and the other set of adjacent runways numbered to the next nearest one-tenth of the magnetic azimuth provided that, when the above rule would give a single digit number, it shall be preceded by a zero.

    (5) Where there are parallel runways, each runway designation number shall be supplemented by a letter as follows, in the order shown from left to right when viewed from the direction of approach—

    (a)    for two parallel runways, "L" "R";

    (b)    for three parallel runways, "L" "C" "R";

    (c)    for four parallel runways, "L" "R" "L" "R";

    (d)    five parallel runways, "L" "C" "R" "L" "R" or "L" "R" "L" "C" "R"; and

    (e)    for six parallel runways, "L" "C" "R" "L" "C" "R".

    (6) The numbers and letters shall be in the form and proportion set out in Figure S1-9 in Schedule 1.

    (7) The dimensions of the numbers and letters shall not be less than those set out in Figure S1-9 in Schedule 1, but where the numbers are incorporated in the threshold marking, larger dimensions shall be used to fill adequately the gap between the stripes of the threshold marking.

105.    Runway centreline marking

    (1) A runway centreline marking shall—

    (a)    be provided on a paved runway and it shall be located along the centreline of the runway between the runway designation markings as set out in Figure S1-7 in Schedule 1, except when interrupted in compliance with regulation 144; and

    (b)    consist of a line of uniformly spaced stripes and gaps and the length of—

        (i)    a stripe and the gap shall not be less than 50 m or more than 75 m, and

        (ii)    each stripe shall be at least equal to the length of the gap or 30m, whichever is greater.

    (2) The width of the stripes shall not be less than—

    (a)    0.90 m on precision approach categories II and III runways;

    (b)    0.45 m on non-precision approach runways where the code number is 3 or 4, and precision approach category I runway; and

    (c)    0.30 m on non-precision approach runways where the code number is 1 or 2, and on non-instrument runways.

    (3) The stripes of the threshold marking shall commence 6 m from the threshold as set out in Figure S1-7 in Schedule 1.

106.    Threshold markings

    (1) A threshold marking shall be provided at the threshold of a paved instrument runway, and of a paved non-instrument runway where the code number is 3 or 4 and the runway is intended for use by international commercial air transport.

    (2) A threshold marking for a runway intended for use by international commercial air transport shall be provided at the threshold of a paved instrument runway where the code is 3 or 4.

    (3) A threshold marking shall be provided at the thresholds of an unpaved runway.

    (4) The stripes of the threshold marking shall commence 6 m from the threshold.

    (5) A runway threshold marking shall consist of a pattern of longitudinal stripes of uniform dimensions disposed symmetrically about the centreline of a runway as set out in Figure S1-7 (A) and (B) in Schedule 1, for a runway width of 45 m.

    (6) The number of stripes shall be in accordance with the runway width as follows—

Runway width

Number of stripes18 m423 m630 m845 m1260 m16

except that on non-precision approach and non-instrument runways 45 m or greater in width, may be as set out in Figure S1-7(C) in Schedule 1.

    (7) The stripes required by subregulations (4) and (5) shall extend laterally to within 3 m of the edge of a runway or to a distance of 27 m on either side of a runway centreline whichever results in the smaller lateral distance.

    (8) There shall be a minimum of three stripes on each side of the centreline of the runway where a runway designation marking is placed within a threshold marking.

    (9) Where a runway designation marking is placed above a threshold marking, the stripes shall be continued across the runway.

    (10) The stripes referred to in subregulations (4) and (5) shall be at least 30 m long and approximately 1.80 m wide with spacing of approximately 1.80 m between them except where, the stripes are continued across a runway, double spacing shall be used to separate the two stripes nearest the centreline of the runway, and where the designation marking is included within the threshold marking this spacing shall be 22.5 m.

    (11) Where a threshold is displaced from the extremity of a runway or where the extremity of a runway is not square with the runway centreline, a transverse stripe shall be added to the threshold marking as set out in Figure S1-9 of Schedule 1.

    (12) A transverse stripe shall not be less than 1.80 m wide and where a runway threshold is permanently displaced, arrows conforming to Figure S1-9(B) set out in Schedule 1, shall be provided on the portion of the runway before the displaced threshold.

    (13) A runway threshold temporarily displaced from the normal position shall be marked as prescribed by the Authority.

107.    Aiming point marking

    (1) An aiming point marking shall be provided at each approach end of a paved—

    (a)    instrument runway where the code number is 2, 3, or 4;

    (b)    non-instrument runway where the code is 3 or 4; and

    (c)    instrument runway where the code number is 1, when additional conspicuity of the aiming point is desirable.

    (2) The aiming point marking shall commence no closer to the threshold than the distance set out in Table S1-7 in Schedule 1, except where, on a runway equipped with visual approach slope indicator system, the beginning of the marking shall coincide with the visual approach slope origin.

    (3) An aiming point marking shall consist of two conspicuous stripes, the dimensions of the stripes and the lateral spacing between their inner sides shall be in accordance with Table S1-7 set out in Schedule 1.

    (4) The lateral spacing between the markings shall be the same as that of the touchdown zone marking where a touchdown marking is provided.

108.    Touchdown zone marking

    (1) A touchdown zone marking shall be provided in the touchdown zone of a—

    (a)    paved precision approach runway where the code number is 2, 3 or 4; and

    (b)    paved non-precision approach or non-instrument runway where the code number is 3 or 4 and additional conspicuity of the touchdown zone is desirable.

    (2) A touchdown zone marking shall consist of pairs of rectangular markings symmetrically disposed about the runway centreline with the number of such pairs related to the landing distance available and, where the marking is to be displayed at both the approach directions of a runway in accordance with the following—

Landing distance available

Pair of marking distance between thresholdsless than 900 m1900 m or more but not including 1200 m21200 m or more but not including 1500 m31500 m or more but not including 2400 m42400 m or more6

    (3) A precision approach runway where the code number is 2, an additional pair of touchdown zone marking stripes shall be provided 150 m beyond the beginning of the aiming point marking.

109.    Runway side stripe marking

    (1) A runway side stripe marking shall be provided—

    (a)    between stripes marking the thresholds of a paved runway where there is a lack of contrast between the runway edges and the shoulders or the surrounding terrain; and

    (b)    on a precision approach runway irrespective of the contrast between the runway edges and the shoulders or the surrounding terrain.

    (2) A runway side stripe marking shall consist of two stripes, one placed along each edge of the runway with the outer edge of each stripe approximately on the edge of the runway, except where the runway is greater than 60 m in width, the stripes shall be located 30 m from the runway centreline.

    (3) The runway side stripe marking shall, where a runway turn pad is provided, be continued between the runway and the runway turn pad.

    (4) A runway side stripe shall have an overall width of at least 0.5 m on runways 30 m or more in width and at least 0.45 m on narrower runways.

110.    Taxiway centreline marking

    (1) A taxiway centreline shall be provided on a paved taxiway and apron where the code number is—

    (a)    3 or 4 in such a way as to provide continuous guidance between the runway centreline and aircraft stands; and

    (b)    1 or 2 in such a way as to provide continuous guidance between the runway centreline and aircraft stands.

    (2) A taxiway centreline marking shall be provided on a paved runway, where the runway is part of a standard taxi-route and—

    (a)    there is no runway centreline marking; or

    (b)    where the taxiway centreline is not coincident with the runway centreline.

    (3) Where it is necessary to denote the proximity of a runway-holding position, enhanced taxiway centreline marking shall be provided and shall be installed at each taxiway or runway intersection.

    (4) The taxiway centreline marking shall, on a straight section of a taxiway, be located along the taxiway centreline.

    (5) The markings, on a taxiway curve, shall continue from the straight portion of the taxiway at a constant distance from the outside edge of the curve.

    (6) The taxiway centreline shall, at an intersection of a taxiway with a runway where the taxiway serves as an exit from the runway, be curved into the runway centreline marking.

    (7) The taxiway centreline marking shall be extended parallel to the runway centreline marking for a distance of at least 60 m beyond the point of tangency where the code number is 3 or 4, and for a distance of at least 30 m where the code number is 1 or 2.

    (8) Where a taxiway centreline marking is provided on a runway, the marking shall be located on the centreline of the designated taxiway.

    (9) An enhanced taxiway centreline, where provided, shall extend from the runway-holding position to a distance of up to 47 m in the direction of travel away from the runway and shall be marked as set out in Figure S1-12 in Schedule 1.

    (10) Where the enhanced taxiway centreline marking intersects another runway-holding position marking, such as for a precision approach category II or III runway that is located within 47 m of the first runway-holding position marking, the enhanced taxiway centreline marking shall be interrupted 0.9 m prior to and after the intersected runway-holding position marking.

    (11) An enhanced taxiway centreline marking, where provided, shall continue beyond the intersected runway-holding position marking for at least three dashed line segments or 47 m from start to finish, whichever is greater.

    (12) Where an enhanced taxiway centreline marking, where provided, continues through a taxiway intersection that is located within 47 m of the runway-holding position, the enhanced taxiway centreline marking shall be interrupted 1.5 m prior to and after the point where the intersected taxiway centreline crosses the enhanced taxiway centreline.

    (13) The enhanced taxiway centreline marking shall continue beyond the taxiway intersection for at least three dashed line segments or 47 m from start to finish, whichever is greater.

    (14) Where two taxiway centrelines converge at or before the runway-holding position marking, the inner dashed line shall not be less than 3 m in length.

    (15) The enhanced taxiway centreline markings shall, where there are two opposing runway-holding position markings and the distance between the marking is less than 94 m, extend over this entire distance.

    (16) The enhanced taxiway centreline markings shall not extend beyond either runway-holding position marking.

111.    Taxi side stripe marking

    A taxi side stripe marking shall—

    (a)    be used at an aerodrome to distinguish non-load bearing surfaces and unserviceable areas from load bearing surfaces;

    (b)    be placed along the edge of the load bearing pavement, with the outer edge of the marking approximately on the edge of the load bearing pavement; and

    (c)    consist of a pair of solid lines, each 15 cm wide and spaced 15 cm apart and the same colour as the taxiway centreline marking.

112.    Runway turn pad marking

    (1) Where a runway turn pad is provided, a runway turn pad shall be provided for continuous guidance, to enable an aeroplane to complete a 180 degree turn and align with the runway centreline.

    (2) The runway turn pad marking shall be curved from the runway centreline into the turn pad and the radius of the curve shall be compatible with the manoeuvring capability and normal taxiing speeds of the aeroplane for which the runway turn pad is intended.

    (3) The intersection angle of the runway turn pad marking with the runway centreline shall not be greater than 30 degrees.

    (4) The runway turn pad marking shall guide the aeroplane in such a way as to allow a straight portion of taxiing before the point where a 180 degree turn is to be made.

    (5) The straight portion of the runway turn pad marking shall be parallel to the outer edge of the runway turn pad.

    (6) The design of the curve allowing the aeroplane to negotiate a 180 degree turn shall be based on a nose wheel steering angle not exceeding 45 degrees.

113.    Runway-holding position marking

    (1) A runway-holding position marking shall be displayed along a runway-holding position.

    (2) A runway-holding position marking shall be displayed at a runway holding position as set out in Figure S1-11 of Schedule 1.

    (3) A runway-holding position marking shall, where increased conspicuity of the runway holding position is required, be as set out in Figure S1-11 in Schedule 1.

    (4) A pattern B runway-holding position marking, that is located on an area where it would exceed 60 m in length, the term "CAT II" or "CAT III" as appropriate shall be marked on the surface at the ends of the runway-holding position marking and at equal intervals of 45 m maximum between successive marks.

    (5) The terms referred to in subregulation (4) shall not be less than 1.8 m high and shall be placed not more than 0.5 m beyond the holding marking.

    (6) The runway-holding position marking displayed at a runway intersection shall be perpendicular to the centreline of the runway forming part of the standard taxi route.

    (7) The pattern of the marking shall be as set out in Figure S1-13 of Schedule 1.

114.    Intermediate holding position marking

    (1) An intermediate holding position marking shall—

    (a)    be displayed along an intermediate holding position; and

    (b)    consist of a single broken line.

    (2) Where an intermediate holding position marking is displayed at an intersection of two paved taxiways, it shall be—

    (a)    located across the taxiway at sufficient distance from the near edge of the intersecting taxiway to ensure safe clearance between taxiing aircraft; and

    (b)    coincident with a stop bar or intermediate holding position lights, where provided.

115.    VOR aerodrome checkpoint marking

    (1) An operator shall ensure that when a VOR aerodrome checkpoint is established, it shall be indicated by a VOR aerodrome checkpoint marking and sign.

    (2) A VOR aerodrome checkpoint marking shall—

    (a)    be centred on the spot at which an aircraft is to be parked to receive the correct VOR signal and shall consist of a circle 6 m in diameter and have a line width of 15 cm;

    (b)    be located as near as possible to the checkpoint and the inscriptions visible from the cockpit of an aircraft properly positioned on the VOR aerodrome checkpoint marking; and

    (c)    consist of an inscription in black on a yellow background.

116.    Aircraft stand marking

    (1) An operator shall provide aircraft stand markings and markings identification signs for designated parking positions on a paved apron in accordance with these Regulations.

    (2) An aircraft stand identification marking shall be supplemented with an aircraft stand identification sign where feasible.

    (3) An aircraft stand identification sign shall—

    (a)    be located so as to be clearly visible from the cockpit of an aircraft prior to entering the aircraft stand; and

    (b)    consist of an inscription in black on a yellow background.

117.    Apron safety lines

    An operator shall provide apron safety lines on a paved apron as lines required by the parking configuration and ground facilities and in accordance with these Regulations.

118.    Road-holding position marking

    (1) An operator shall provide road-holding position markings and signs at all road entrances to a runway.

    (2) The road-holding position markings provided under subregulation (1) shall be located across the road at all the holding positions and in accordance with these Regulations.

    (3) A road holding position sign shall—

    (a)    be provided at all road entrances to a runway; and

    (b)    consist of an inscription in white on a red background.

    (4) The inscription referred to in subregulation (3) shall be in the national language, be in conformity with local traffic regulation and include a requirement to—

    (a)    stop; and

    (b)    obtain ATC clearance and location designator, where appropriate.

    (5) A road-holding position sign intended for night use shall be retroreflective or illuminated.

119.    Mandatory instruction markings

    (1) An operator shall provide—

    (a)    a mandatory instruction marking and a sign to identify a location beyond which a taxiing aircraft or vehicle shall not proceed, unless authorised by the aerodrome control tower; and

    (b)    signs to convey mandatory instructions and information on a specific location or destination on a movement area, or to provide surface movement guidance and control.

    (2) A mandatory instruction marking or sign shall be provided on the surface of the pavement where, it is impractical to install a mandatory instruction marking and a sign in accordance with subregulation (1).

    (3) The location and characteristics of the mandatory instruction marking or sign shall be as set out in Schedule 6.

    (4) A mandatory instruction sign shall—

    (a)    include runway designation signs, runway precision approach category I, II, or III runway-holding position signs, road holding position sign and NO ENTRY sign; and

    (b)    consist of an inscription in white on a red background.

    (5) A pattern—

    (a)    "A" runway-holding position marking shall be supplemented at a taxiway and runway intersection or a runway and runway intersection with a runway designation sign; and

    (b)    "B" runway-holding position marking shall be supplemented with a category I, II, or III holding position sign.

    (6) A NO ENTRY sign shall be—

    (a)    provided when entry into an area is prohibited; and

    (b)    located at the beginning of the area to which entrance is prohibited on each side of the taxiway as viewed by the pilot.

    (7) The inscription on a NO ENTRY sign shall be in as set out in Figure S1-34 of Schedule 1.

    (8) A runway designation sign at an intersection of a taxiway and runway or at an intersection of two runways, shall be located on each side of the runway-holding position marking facing the direction of approach to the runway.

    (9) The inscription on a runway designation sign shall consist of the runway designations of the intersecting runway properly oriented with respect to the viewing position of the sign, except that a runway designation sign installed in the vicinity of a runway extremity may show the runway designation of the concerned runway extremity only.

    (10) A category I, II, or III holding position sign shall be located at each side of the runway-holding position marking facing the direction of the approach to the critical area.

    (11) The inscription on a category I, II, III or joint II/III holding position sign shall consist of the runway designator followed by CAT I, CAT II, CAT III or CAT II/III, as appropriate.

    (12) A runway-holding position sign shall be located on each side of the runway-holding position established in accordance with regulation 113, facing the approach to the obstacle limitation surface or instrument landing system or microwave landing system critical or sensitive area, as appropriate.

    (13) The inscription on a runway-holding position sign at a runway-holding position established in accordance with these Regulations shall consist of a taxiway designation and a number.

120.    Information marking

    (1) An operator shall install information marking, where an information sign is required but is physically impossible to install.

    (2) An information marking shall consist of an inscription in—

    (a)    yellow upon a black background, when it replaces or supplements a location sign; and

    (b)    black upon a yellow background, when it replaces or supplements a direction or destination sign.

    (3) Where there is insufficient contrast between the marking background and the pavement surface, the marking shall include a—

    (a)    black border where the inscription is black; and

    (b)    yellow border where the inscription is yellow.

    (4) An information sign shall—

    (a)    be provided where there is an operational need to identify by a sign, a specific location, or routing, direction or destination information; and

    (b)    include direction sign, location sign, destination sign, runway exit sign, runway vacated sign and intersection take-off sign.

    (5) An information marking shall be displayed on the surface of the pavement where an information sign would normally be installed and it is impractical to install, as determined by the Authority.

    (6) An information sign other than a location sign shall—

    (a)    not be collocated with a mandatory instruction sign; and

    (b)    consist of an inscription in black on a yellow background.

    (7) A runway exit sign shall—

    (a)    be provided where there is an operational need to identify a runway exit; and

    (b)    consist of the designator of the exit taxiway and an arrow indicating the direction to follow.

    (8) A combined location and direction sign shall be provided when it is intended to indicate routing information prior to a taxiway intersection.

    (9) A direction sign shall be provided when there is an operational need to identify the designation and direction of taxiways at an intersection.

    (10) The inscription on a direction sign shall comprise an alpha or alphanumerical or numerical message identifying the taxiway plus an arrow or arrows appropriately oriented as set out in Figure S1-35 of Schedule 1.

    (11) A location sign shall be provided in conjunction with a direction sign, except that it may be omitted where an aeronautical study indicates that it is not needed.

    (12) An information sign, where practicable, shall, except where specified, be located on the left-hand side of the taxiway in accordance with these Regulations.

    (13) An information sign shall, at a taxiway intersection, be located prior to the intersection and in line with the taxiway intersection marking.

    (14) Where there is no taxiway intersection markings referred to under subregulation (12), the sign shall be installed at least 60 m from the centreline of the intersecting taxiway where the code number is 3 or 4, and at least 40 m where the code number is 1 or 2.

    (15) A runway exit sign shall be located—

    (a)    on the same side of the runway as the exit is located and positioned as set out in Table S1-35 of Schedule 1; and

    (b)    prior to the runway exit point in line with a position at least 60 m prior to the point of tangency where the code number is 3 or 4, and at least 30 m where the code number is 1 or 2.

    (16) A runway vacated sign shall be located on one side of the taxiway.

    (17) The inscription on a runway vacated sign shall depict the pattern A runway-holding position marking as set out in Figure S1-35 of Schedule 1.

    (18) The distance between the runway vacated sign and the centreline of a runway shall not be less than the greater of the following—

    (a)    the distance between the centreline of the runway and the instrument landing system or a microwave landing system critical or sensitive area; or

    (b)    the distance between the centreline of the runway and the lower edge of the inner transitional surface.

    (19) The taxiway location sign shall, where provided in conjunction with a runway vacated sign, be positioned outboard of the runway vacated sign.

    (20) An intersection take-off sign shall be located at the left-hand side of the entry taxiway.

    (21) The inscription on an intersection take-off sign shall consist of a numerical message indicating the remaining take-off run available in metres plus an arrow, appropriately located and oriented, indicating the direction of the take-off as set out in Figure S1-35 of Schedule 1.

    (22) The distance between the intersection take-off sign and the centreline of the runway shall not be less than 60 m where the code number is 3 or 4, and not less than 45 m where the code number is 1 or 2.

    (23) A taxiway location sign installed in conjunction with a runway designation sign shall be positioned outboard of the runway designation sign.

    (24) A location sign shall consist of an inscription in yellow on a black background and where it is a stand alone sign, the location sign shall have a yellow border.

    (25) The inscription on a location sign shall comprise the designation of the location taxiway, runway or other pavement the aircraft is on or is entering.

    (26) The inscription on a destination sign shall comprise an alpha, alphanumerical or numerical message identifying the destination plus an arrow indicating the direction to proceed as set out in Figure S1-35 of Schedule 1.

    (27) Where a location sign and direction sign are used in combination—

    (a)    all direction signs related to the left turns shall be placed on the left side of the location sign, and all direction signs related to right turns shall be placed on the right side of the location sign, except where the junction consists of one intersecting taxiway, the location sign may alternatively be placed on the left-hand side;

    (b)    the direction signs shall be placed such that the direction of the arrows departs increasingly from the vertical with increasing deviation of the corresponding taxiway;

    (c)    an appropriate direction sign shall be placed next to the location sign where the direction of the location taxiways changes significantly beyond the intersection; and

    (d)    adjacent direction signs shall be delineated by a vertical black line as set out in Figure S1-35 of Schedule 1.

    (28) A taxiway shall be identified by a designator comprising a letter, letters or a combination of a letter or letters followed by a number.

121.    Lights which may endanger safety of aircraft

    (1) A person shall not exhibit a light in the vicinity of an aerodrome which, by its glare, endangers the safety of aircraft arriving or departing from the aerodrome.

    (2) A non-aeronautical ground light near an aerodrome which might endanger the safety of aircraft shall be extinguished, screened or modified to eliminate the source of danger.

    (3) The Authority may, where a light appears to be capable of endangering the safety of aircraft referred to in subregulation (1), direct the owner of the place where the light is exhibited or the person having charge of the light to extinguish and to prevent in the future, the exhibition of the light within the period specified.

122.    Laser emission which may endanger safety of aircraft

    (1) A person shall not use laser emissions which are likely to endanger the safety of aircraft.

    (2) There shall be established around aerodromes, the following protected zones to protect the safety of aircraft against hazardous effects of laser emitters—

    (a)    a laser-beam free flight zone;

    (b)    a laser-beam critical flights zone; and

    (c)    a laser-beam sensitive flight zone.

    (3) The flight zones referred to under subregulation (2) shall be established in accordance with requirements determined by the Authority.

    (4) The provisions of subregulations (2) and (3) shall not apply to aerodromes in categories 0, 1, 2, 3 and registered unless deemed necessary by the Authority.

123.    Lights which may cause confusion

    A non-aeronautical ground light which, by reason of its intensity, configuration or colour, may prevent, or cause confusion in, the clear interpretation of aeronautical ground lights, shall be extinguished, screened or modified so as to eliminate such a possibility, and particular attention shall be directed to a non-aeronautical ground light visible from the air within the instrument runway—

    (a)    code number 4, within the areas before the threshold and beyond the end of the runway extending at least 4 500 m in length from the threshold and runway end and 750 m either side of the extended runway centreline in width;

    (b)    code number 2 or 3, within the areas before the threshold and beyond the end of the runway extending at least 3 000 m in length from the threshold and runway end and 750 m either side of the extended runway centreline in width; and

    (c)    code number 1, and non-instrument runway, within the approach area.

124.    Elevated approach lights

    (1) An elevated approach light and its supporting structure shall be frangible except, in the portion of the approach lighting system beyond 300 m from the threshold where—

    (a)    the height of a supporting structure exceeds 12 m, the frangibility requirement shall apply to the top 12 m only; and

    (b)    a supporting structure is surrounded by a non-frangible object, only the part of the structure that extends above the surrounding object shall be frangible.

    (2) An approach light fixture or supporting structure that is not sufficiently conspicuous shall be marked.

125.    Elevated lights

    An elevated runway, stop-way and taxiway light shall be frangible and its height shall be low to preserve clearance for propellers and for the engine pods of jet aircraft.

126.    Surface lights

    (1) A light fixture inset in the surface of a runway, stopway, taxiway and aprons shall be designed and fitted so as to withstand being run over by the wheels of an aircraft without damage either to the aircraft or to the light fixture.

    (2) The temperature produced by conduction or radiation at the interface between an installed inset light and an aircraft tyre shall not exceed 160 degrees celsius during a 10 minute period of exposure.

127.    Light intensity and control

    (1) The intensity of runway lighting shall be adequate for the minimum conditions of visibility and ambient light in which use of the runway is intended, and compatible with that of the nearest section of the approach lighting system when provided.

    (2) A high intensity lighting system, where provided, shall incorporate a suitable intensity control, to allow for adjustment of the light intensity to meet the prevailing conditions.

    (3) A separate intensity control or other methods shall be provided to ensure that the following systems, when installed, can be operated at compatible intensities—

    (a)    approach lighting system;

    (b)    runway edge light;

    (c)    runway threshold lights;

    (d)    runway end lights;

    (e)    runway centreline lights;

    (f)    runway touchdown zone lights; and

    (g)    taxiway centreline lights.

128.    Emergency lighting

    (1) An aerodrome with runway lighting and without a secondary power supply shall, have emergency lights available for installation on at least the primary runway in the event of failure of the normal lighting system.

    (2) An emergency light shall, when installed on a runway, conform as a minimum to the configuration required for a non-instrument runway.

    (3) The colour of the emergency light shall conform to the colour requirements for runway lighting, except where provision of coloured lights at the threshold and the runway end is not practicable, all lights may be variable white or as close to variable white as practicable.

129.    Aerodrome beacons

    (1) An aerodrome beacon or an identification beacon shall, where operationally necessary, be provided at each aerodrome intended for use at night.

    (2) The operational requirement shall be determined having regard to the requirements of the air traffic using the aerodrome, the conspicuity of the aerodrome features in relation to its surroundings and the installation of other visual and non-visual aids useful in locating the aerodrome.

130.    Aeronautical beacons

    (1) An aerodrome beacon shall be provided at an aerodrome intended for use at night if one or more of the following conditions exists—

    (a)    aircraft navigate predominantly by visual means;

    (b)    reduced visibilities are frequent; or

    (c)    it is difficult to locate the aerodrome from the air due to surrounding lights or terrain.

    (2) The aerodrome beacon shall be located on or adjacent to the aerodrome in an area of low ambient background lighting.

    (3) The location of the beacon shall be such that the beacon is not shielded by objects in significant directions and does not dazzle a pilot approaching to land.

    (4) An aerodrome beacon shall show either coloured flashes alternating with white flashes, or white flashes only.

    (5) The frequency of total flashes in subregulation (4) shall be from 20 to 30 per minute.

    (6) A combined water and land aerodrome shall, where coloured flashes are used, have the colour characteristics of whichever section of the aerodrome is designed as the principal facility.

    (7) The light from the beacon shall be visible at all angles of azimuth.

    (8) The vertical light distribution shall extend upwards from elevation of not more than 1 degree to an elevation determined by the Authority to be sufficient to provide guidance at the maximum elevation at which the beacon is intended to be used and the effective intensity of the flash shall not be less than 2000 cd.

131.    Identification beacon

    (1) An identification beacon shall be—

    (a)    provided at an aerodrome which is intended for use at night and cannot be easily identified from the air by other means; and

    (b)    located on the aerodrome in an area of low ambient background light.

    (2) The location of the beacon shall be such that the beacon is not shielded by objects in significant directions and does not dazzle a pilot approaching to land.

    (3) An identification beacon at a land aerodrome shall be visible at all angles of azimuth.

    (4) The vertical light distribution shall extend upwards from elevation of not more than one degree to an elevation determined by the Authority to be sufficient to provide guidance at the maximum elevation at which the beacon is intended to be used and the effective intensity of the flash shall not be less than 2000 cd.

    (5) An identification beacon shall show flashing-green at a land aerodrome and flashing-yellow at a water aerodrome.

    (6) The identification characters shall be transmitted in the International Morse Code.

    (7) The speed of transmission shall be between six and eight words per minute, the corresponding range of duration of the International Morse Code dots being from 0.15 to 0.2 seconds per dot.

132.    Simple approach lighting system

    (1) A simple approach lighting system shall consist of a row of approach lights on the extended centreline of the runway, extending, whenever possible, over a distance of not less than 420 m from the threshold, with a row of lights forming a crossbar 18 m or 30 m in length at a distance of 300 m from the threshold.

    (2) The lights—

    (a)    forming the crossbar shall be as nearly as practicable in a horizontal straight line at right angles to, and bisected by, the line of the centreline lights; and

    (b)    of the crossbar shall be spaced so as to produce a linear effect, except that, when a crossbar of 30 m is used, gaps may be left on each side of the centreline.

    (3) The gaps referred to in subregulation (2)(b) shall be kept to a minimum to meet local requirements and each shall not exceed 6 m.

    (4) The lights forming the centreline shall be placed at longitudinal intervals of 60m, except, where it is desired to improve guidance, an interval of 30 m may be used.

    (5) The inner most light shall be located either 60 m or 30 m from the threshold, depending on the longitudinal interval selected for the centreline lights.

    (6) Where it is not physically possible to provide a centreline extending for a distance referred to under subregulation (1), it shall extend to 300 m so as to include the crossbar.

    (7) Where the provisions of subregulation (6) are not possible to effect, the centreline lights shall be extended as far as practicable, and each centreline light shall consist of a barrette at least 3 m in length.

    (8) Subject to the approach system having a crossbar at 300 m from the threshold, an additional crossbar may be provided at 150 m from the threshold.

    (9) The approach lighting system shall lie as nearly as practicable in the horizontal plane passing through the threshold, provided that no—

    (a)    object other than an instrument landing system or microwave landing system azimuth antenna shall protrude through the plane of the approach lights within a distance of 60 m from the centreline of the system; and

    (b)    light other than a light located within the central part of a crossbar or a centreline barrette shall be screened from an approaching aircraft.

    (10) An instrument landing system or microwave landing system azimuth antenna protruding through the plane of the lights shall be treated as an obstacle and marked and lighted accordingly.

    (11) The lights of a simple approach lighting system shall be fixed lights and the colour of the lights shall be ensure that the system is readily distinguishable from other aeronautical ground lights, and from extraneous lighting if present.

    (12) A centreline light shall consist of either—

    (a)    a single source; or

    (b)    a barrette at least 3 m in length.

    (13) Where provided for a non-instrument runway, the lights shall be visible at all angles in azimuth necessary to a pilot on base leg and final approach.

    (14) The intensity of the lights in subregulation (13) shall be adequate for all conditions of visibility and ambient light for which the system has been provided.

    (15) Where provided for a non-precision approach runway, the lights shall show at all angles in azimuth necessary to the pilot of an aircraft which on final approach does not deviate by an abnormal amount from the path defined by the non-visual aid.

    (16) The lights in subregulation (15) shall be designed to provide guidance during both day and night in the most adverse conditions of visibility and ambient light for which it is intended that the system shall remain usable.

133.    Precision approach category I lighting system

    (1) A precision approach category I lighting system shall consist of a row of lights on the extended centreline of the runway extending, wherever possible, over a distance of 500 m from the runway threshold with a row of lights forming a crossbar 30 m in length at a distance of 300 m from the runway threshold.

    (2) The lights forming a crossbar in subregulation (1) shall be—

    (a)    as nearly as practicable in a horizontal straight line at right angles to, and bisected by, the line of the centreline lights; and

    (b)    spaced so as to produce a linear effect, except that gaps may be left on each side of the centreline.

    (3) The gaps referred to in subregulation (2)(b) shall be kept to a minimum to meet local requirements and each shall not exceed 6 m.

    (4) The lights forming the centreline shall be placed at longitudinal intervals of 30 m with the inner most light located 30 m from the threshold.

    (5) The precision approach lighting system shall lie as nearly as practicable in the horizontal plane passing through the threshold, provided that no—

    (a)    object other than an instrument landing system or microwave landing system azimuth antenna shall protrude through the plane of the approach lights within a distance of 60 m from the centre of the systems; and

    (b)    light other than a light located within the central part of a crossbar or a centreline barrette shall be screened from an approaching aircraft.

    (6) An instrument landing system or microwave landing system azimuth antenna protruding through the plane of the lights shall be treated as an obstacle and marked and lighted accordingly.

    (7) The centreline and crossbar lights of a precision approach category I lighting system shall be fixed lights showing variable white.

    (8) The centreline light position shall consist of either a—

    (a)    single light source in the innermost 300 m of the centreline, two light sources in the central 300 m of the centreline and three light sources in the outer 300 m of the centreline to provide distance information; or

    (b)    barrette.

    (9) Where the serviceability level of the approach lights specified as a maintenance objective can be demonstrated, each centreline light position may consist of either a—

    (a)    single light source; or

    (b)    barrette.

    (10) The barrettes shall be at least 4 m in length and when they are composed of lights approximating to point sources, the lights shall be uniformly spaced at intervals of not more than 1.5 m.

    (11) Where the centreline consists of barrettes as described in subregulation (10), each barrette shall be supplemented by a capacitor discharge light, except where such lighting is considered unnecessary taking into account the characteristics of the system and the nature of the meteorological conditions.

    (12) A capacitor discharge light shall be flashed twice a second in sequence, beginning with the outermost light and progressing toward the threshold to the innermost light of the system.

    (13) The design of the electrical circuit shall be such that the lights can be operated independently of the other lights of the approach lighting system.

    (14) Where the centreline consists of lights as described in above additional crossbars of lights to the crossbar provided at 300 m from the threshold shall be provided at 150 m, 450 m, 600 m and 750 m from the threshold.

    (15) The lights forming each crossbar shall be as nearly as practicable in a horizontal straight line at right angles to, and bisected by, the line of the centreline lights.

    (16) The lights shall be spaced so as to produce a linear effect, except that gaps may be left on each side of the centreline and the gaps shall be kept to a minimum to meet local requirements and each shall not exceed 6 m.

134.    Precision approach category II and III lighting system

    (1) The approach lighting system shall consist of a row lights on the extended centreline of the runway, extending, wherever possible, over a distance of 900 m from the runway threshold.

    (2) The system referred to in subregulation (1) shall, in addition, have two side rows of lights, extending 270 m from the threshold, and two crossbars, one at 150 m and one at 300 m from the threshold, as set out in Figure S1-19 in Schedule 1.

    (3) The system referred to in subregulation (1) may have two side rows of lights, extending 240 m from the threshold, and two crossbars, one at 150 m and one at 300 m from the threshold where the serviceability level of the approach lights specified as maintenance objectives in regulation 146(7) can be demonstrated.

    (4) The lights forming—

    (a)    the centreline shall be placed at longitudinal intervals of 30 m with the innermost lights located 30 m from the threshold; and

    (b)    the side rows shall be placed on each side of the centreline, at a longitudinal spacing equal to that of the centreline lights and with the first light located 30 m from the threshold.

    (5) The lights forming the side rows may be placed on each side of the centreline, at a longitudinal spacing of 60 m with the first light located 60 m from the threshold where the serviceability level of the approach lights specified as maintenance objectives at regulation 146(7) can be demonstrated.

    (6) The lateral spacing or gauge between the innermost lights of the side rows shall not be less than 18 m nor more than 22.5 m, and preferably 18 m, but shall in any event be equal to that of the touchdown zone lights.

    (7) The crossbar provided at—

    (a)    150 m from the threshold shall fill the gaps between the centreline and side row lights; and

    (b)    300 m from the threshold shall extend on both sides of the centreline lights to a distance of 15 m from the centreline.

    (8) Where the centreline beyond 300 m from the threshold consists of lights as provided for in subregulation (7), additional crossbars of lights shall be provided at 450 m, 600 m, and 750 m from the threshold.

    (9) Where the additional crossbars provided for in these Regulations are incorporated in the system, the outer ends of these crossbar shall lie on two straight lines that either are parallel to the centreline or converge to meet the runway centreline 300 m from the threshold.

    (10) The system referred to in subregulation (1) shall lie as nearly as practicable in the horizontal plane passing through the threshold, provided that—

    (a)    no object other than an instrument landing system or microwave landing system azimuth antenna shall protrude through the plane of the approach lights within a distance of 60 m from the centreline of the system; and

    (b)    no light other than a light located within the central part of a crossbar or a centreline barrette, not their extremities, shall be screened from an approaching aircraft.

    (11) An instrument landing system or microwave landing system azimuth antenna protruding through the plane of the lights shall be treated as an obstacle and marked and lighted accordingly.

    (12) The centreline of a precision approach category II and III lighting system for the first 300 m from the threshold shall consist of barrettes showing variable white, except where the threshold is displaced 300 m or more, the centreline may consist of single light sources showing variable white.

    (13) Where the serviceability level of the approach lights specified as maintenance objectives in these Regulations can be demonstrated, the centreline of a precision approach category II and III lighting system for the first 300 m from the threshold may consist of either—

    (a)    barrettes, where the centreline beyond 300 m consists of barrettes; or

    (b)    alternate single light source and barrettes, where the centreline beyond 300 m from the threshold consists of single light sources, with the innermost single light source located 30 m and the innermost barrette located 60 m from the threshold; or

    (c)    single light sources where the threshold is displaced 300 m or more and all light sources shall show variable white.

    (14) The barrettes shall be at least 4 m in length and when composed of lights approximating to point sources, the lights shall be uniformly spaced at intervals of not more than 1.5 m.

    (15) Where the centreline goes beyond 300 m from the threshold consists of barrettes, each barrette beyond 300 m shall be supplemented by a capacitor discharge light, except where such lighting is considered unnecessary taking into account the characteristics of the system and the nature of the meteorological conditions.

    (16) The capacitor light referred to in subregulation (16) shall be flashed twice a second in sequence, beginning with the outermost light and progressing toward the threshold to the innermost light of the system and the design of the electrical circuit shall be such that the capacitor lights can be operated independently of the other lights of the approach lighting system.

    (17) The side row shall consist of barrettes showing red and the length of a side row barrette and the spacing of its lights shall be equal to those of the touchdown zone light barrettes.

    (18) The lights forming the crossbars shall be fixed lights showing variable white and the lights shall be uniformly spaced at intervals of not more than 2.7 m.

    (19) The intensity of the red lights shall be compatible with the intensity of the white lights.

135.    Visual approach slope indicator system

    A visual approach slope indicator system shall be provided to serve the approach to a runway whether or not the runway is served by other visual approach aids or non-visual aids, where one or more of the following conditions exists—

    (a)    the runway is used by turbojet or other aeroplanes with similar approach guidance requirements;

    (b)    the pilot of any type of aeroplane may have difficulty in judging the approach due to—

        (i)    inadequate visual guidance such as is experienced during an approach over water or featureless terrain by day or in the absence of sufficient extraneous lights in the approach area by night, or

        (ii)    misleading information such as is produced by deceptive surrounding terrain or runway slopes;

    (c)    the presence of objects in the approach area may involve serious hazard if an aeroplane descends below the normal approach path, particularly if there are no non-visual or other visual aids to give warning of such objects;

    (d)    physical conditions at either end of the runway present a serious hazard in the event of an aeroplane undershooting or overrunning the runway; and

    (e)    terrain or prevalent meteorological conditions are such that the aeroplane may be subjected to unusual turbulence during approach.

136.    Approach slope and elevation setting of light beams

    (1) The approach slope shall be appropriate for use by the aeroplane using the approach.

    (2) The runway on which a T-VASIS is provided, is equipped with an instrument landing system or microwave landing system, the siting and elevations of the light unit shall be such that the visual approach slope conforms as closely as possible with the glide path of the instrument landing system or the minimum glide path of the microwave landing system.

    (3) The elevation of the beams of the wing bar light units on both sides of the runway shall be the same.

    (4) The elevation of the top of the beam of the fly-up light unit nearest to each wing bar, and that of the bottom of the beam of the fly-down light unit nearest to each wing bar, shall be equal and shall correspond to the approach slope.

    (5) The cut-off angle of the top of the beams of successive fly-up light units shall decrease by 5 minutes of arc in angle of elevation at each successive unit away from the wing bar.

    (6) The cut-in angle of the bottom of the beam of the fly-down light units shall increase by seven minutes of arc at each successive unit away from the wing bar as set out in Figure S1-23 of Schedule 1.

    (7) The elevation setting of the top of the red light beams of the wing bar and fly-up light units shall be such that, during an approach, the pilot of an aeroplane to whom the wing bar and three fly-up light units are visible would clear all objects in the approach area by a safe margin if any such light did not appear red.

    (8) The azimuth spread of the light beam shall be suitably restricted where an object located outside the obstacle protection surface of the system, but within the lateral limits of its light beam, is found to extend above the plane of the obstacle protection surface and an aeronautical study indicates that the object could adversely affect the safety of operations.

    (9) The extent of the restriction shall be such that the object remains outside the confines of the light beam.

137.    PAPI and APAPI

    (1) The PAPI system shall—

    (a)    consist of a wing of 4 sharp transition multi-lamp or paired single lamp units equally spaced and the system shall be located on the left side of the runway unless it is physically impracticable to do so;

    (b)    consist of a wing of 2 sharp transition multi-lamp or single lamp units and the system shall be located on the left side of the runway unless it is physically impracticable to do so; and

    (c)    be suitable for both day and night operations.

    (2) The wing of a PAPI shall be constructed and arranged in such a manner that a pilot making an approach will when—

    (a)    on or close to the approach slope, see the two units nearest the runway as red and the two units furthest from the runway as white;

    (b)    above the approach slope, see both the units as white; and

    (c)    below the approach slope, see both the units as red.

    (3) The light units shall be—

    (a)    located as in the basic configuration set out in the S1-24 of Schedule 1, subject to the installation tolerance given therein; and

    (b)    mounted as low as possible and shall be frangible.

    (4) The units forming a wing bar shall be mounted so as to appear to the pilot of an approaching aircraft to be substantially in a horizontal line.

    (5) The colour transition from red to white in the vertical plane shall be such as to appear to an observer, at a distance of not less than 300 m, to occur within a vertical angle of not more than 3.

    (6) The red light shall, at full intensity have a Y co-ordinate not exceeding 0.320.

    (7) The suitable intensity control shall be provided so as to allow adjustment to meet the prevailing conditions and to avoid dazzling the pilot during approach and landing.

    (8) The lighting unit shall be—

    (a)    capable of adjustment in elevation so that the lower limit of the white part of the beam may be fixed at any desired angle of elevation between 1 degree 30' and at least 4 degrees 30' above the horizontal; and

    (b)    designed in such a manner so that deposits of condensation and dirt on optically transmitting or reflecting surfaces shall interfere to the least possible extent with light signals and shall not affect the contrast between the red and white signals and the elevation of the transition sector.

138.    Approach slope and elevation setting of the light units

    (1) A runway equipped with an instrument landing system or microwave landing system, the siting and the angle of elevation of the light unit shall be such that the visual approach slope conforms as closely as possible with the glide path of the instrument landing system or the minimum glide path of the microwave landing system, as appropriate.

    (2) The angle of elevation settings of the light units in—

    (a)    a PAPI wing bar shall be such that, during an approach, the pilot of an aeroplane observing a signal of one white and three reds will clear all objects in the approach area by a safe margin; and

    (b)    an APAPI wing bar shall be such that, during an approach, the pilot of an aeroplane observing the lowest on slope, will clear all objects in the approach area by a safe margin.

    (3) The azimuth spread of the light beam shall be suitably restricted where an object located outside the obstacle protection surface of the PAPI or APAPI system, but within the lateral limits of its light beam, is found to extend above the plane of the obstacle protection surface and an aeronautical study indicates that the object could adversely affect the safety of operations.

    (4) The extent of the restrictions in subregulation (3) shall be such that the object remains outside the confines of the light beam.

    (5) Where wing bars are installed on each side of the runway to provide roll guidance, corresponding units shall be set at the same angle so that the signals of each wing bar change symmetrically at the same time.

139.    Obstacle protection, AVASIS, T-VASIS, PAPI and APAPI

    (1) An obstacle protection surface shall be established when it is intended to provide for a visual approach slope indicator system, the characteristics of the obstacle protection surface such as origin, divergence, length and slope, shall correspond to those specified in the relevant column as set out in Table S1-9 and in Figure S1-26 of Schedule 1.

    (2) A new object or extensions of existing objects shall not be permitted above an obstacle protection surface except when, in the opinion of the Authority, the new object or extension would be shielded by an existing immovable object.

    (3) An existing object above an obstacle protection surface shall be removed except when, in the opinion of the Authority, the object is shielded by an existing immovable object, or after aeronautical study, it is determined that the object would not adversely affect the safety of operations of aeroplanes.

    (4) Where an aeronautical study indicates that an existing object extending above an obstacle protection surface could adversely affect the safety of operations of aeroplanes one or more of the following measures shall be taken—

    (a)    suitably raise the approach slope of the system;

    (b)    reduce the azimuth spread of the system so that the object is outside the confines of the beam;

    (c)    displace the axis of the system and its associated obstacle protection surface by no more than five degrees;

    (d)    suitably displace the threshold; and

    (e)    where subregulation (d) is found to be impracticable, suitably displace the system upwind of the threshold to provide an increase in threshold crossing height equal to the height of the object penetration.

140.    Circling guidance lights

    (1) Circling guidance lights shall be provided when existing guidance lights approach and runway lighting systems do not satisfactorily permit identification of the runway or approach area to a circling aircraft in the conditions for which it is intended the runway be used for circling approaches.

    (2) The location and number of circling guidance lights shall be adequate to enable a pilot, as appropriate, to—

    (a)    join the downwind leg or align and adjust the aircraft’s track to the runway at a required distance from it and to distinguish the threshold in passing; and

    (b)    keep in sight the runway threshold or other features which will make it possible to judge the turn on to base leg and final approach, taking into account the guidance provided by other visual aids.

    (3) The circling guidance lights shall consist of lights indicating the—

    (a)    extended centreline of the runway or parts of any approach lighting system;

    (b)    position of the runway threshold; or

    (c)    location of the runway; or a combination of such lights as is appropriate to the runway under consideration.

    (4) The circling guidance lights shall be fixed or flashing lights of an intensity and beam spread adequate for the conditions of visibility and ambient light in which it is intended to make visual circling approaches.

    (5) The flashing lights referred to in subregulation (4) shall be white, and the steady lights either white or gaseous discharge lights.

    (6) The lights shall be designed and be installed in such a manner that they will not dazzle or confuse a pilot when approaching to land, taking-off or taxiing.

141.    Runway lead-in lighting systems

    (1) A runway lead-in lighting system shall—

    (a)    be provided where lighting is desired to provide visual guidance along a specific approach path, for reasons such as avoiding hazardous terrain or for purposes of noise abatement;

    (b)    consist of groups of lights positioned so as to define the desired approach path and so that one group may be sighted from the preceding group; and

    (c)    extend from a point as determined by the Authority, up to a point where the approach lighting system, if provided, or the runway or the runway lighting system is in view.

    (2) The interval between adjacent groups shall not exceed approximately 1600 m.

    (3) A group of lights of a runway lead-in lighting system shall consist of at least three flashing lights in a linear or cluster configuration.

    (4) The system may be augmented by steady burning lights where such lights would assist in identifying the system.

    (5) The flashing lights shall be white, and the steady burning lights gaseous discharge lights and where practicable the flashing lights in each group shall flash in sequence towards the runway.

142.    Runway threshold identification lights

    (1) The runway threshold identification lights shall be installed—

    (a)    at the threshold of a non-precision approach runway when additional threshold conspicuity is necessary or where it is not practicable to provide other approach lighting aids; and

    (b)    where a runway threshold is permanently displaced from the runway extremity or temporarily displaced from the normal position and additional threshold conspicuity is necessary.

    (2) The runway threshold identification lights shall be—

    (a)    located symmetrically about the runway centreline, in line with the threshold and approximately 10 m outside each line of runway edge lights; and

    (b)    flashing white lights with a flash frequency between 60 and 120 per minute.

    (3) The lights shall be visible only in the direction of approach to the runway.

143.    Runway edge lights

    (1) The runway edge lights shall be—

    (a)    provided for a runway intended for use at night or for a precision approach runway intended for use by day or night;

    (b)    provided on a runway intended for take-off with an operating minimum below an RVR of the order of 800 m by day;

    (c)    placed along the full length of the runway and shall be in two parallel rows equidistant from the centreline;

    (d)    placed along the edges of the area declared for use as the runway or outside the edges of the area at a distance of not more than 3 m; and

    (e)    uniformly spaced in rows at intervals of not more than 60 m for an instrument runway, and at intervals of not more than 100 m for a non-instrument runway.

    (2) Where the width of the area which could be declared as runway exceeds 60 m, the distance between the rows of lights shall be determined considering the nature of the operations, the light distribution characteristics of the runway edge lights, and other visual aids serving the runway.

    (3) The runway edge lights shall—

    (a)    on opposite sides of the runway axis be on lines at right angles to that axis;

    (b)    at intersections of runways, be spaced irregularly or omitted, provided that adequate guidance remains available to the pilot;

    (c)    be fixed lights showing variable white, except that—

        (i)    in the case of a displaced threshold, the lights between the beginning of the runway and the displaced threshold shall show red in the approach direction, and

        (ii)    a section of the lights 600 m or one-third of the runway length, whichever is the less, at the remote end of the runway from the end at which the take-off run is started, may show yellow; and

    (d)    show at all angles in azimuth necessary to provide guidance to a pilot landing or taking-off in either direction and when the runway edge lights are intended to provide circling guidance, they shall be visible at all angles in azimuth.

144.    Runway threshold and wing bar lights

    (1) The runway threshold lights shall be provided for a runway threshold and equipped with runway edge lights except on a non-instrument or non-precision wing bar lights approach runway where the threshold is displaced, and wing bar lights are provided.

    (2) The threshold lights shall, when the threshold is at the extremity of a runway, be placed in a row at right angles to the runway axis—

    (a)    as near to the extremity of the runway as possible and, in any case, not more than 3 m outside the extremity; and

    (b)    at the displaced threshold.

    (3) The threshold lighting shall consist of—

    (a)    on a non-instrument or non-precision approach runway, at least six lights;

    (b)    on a precision approach runway category I, at least the number of lights that would be required if the lights were uniformly spaced at intervals of 3 m between the rows of runway edge lights; and

    (c)    on a precision approach runway category II or III, lights uniformly spaced between the rows of runway edge lights at intervals of not more than 3 m.

    (4) The lights referred to in subregulation (3)(a) and (b) shall either be—

    (a)    equally spaced between the rows of runway edge lights; or

    (b)    symmetrically disposed about the runway centreline in two groups, with the lights uniformly spaced in each group and with a gap between the groups equal to the gauge of the touchdown zone marking or lighting, where such is provided, or otherwise not more than half the distance between the rows of runway edge lights.

    (5) The wing bar lights shall be—

    (a)    provided on a precision approach runway when additional conspicuity is considered desirable;

    (b)    provided on a non-instrument or non-precision approach runway where the threshold is displaced and runway threshold lights are required, but are not provided; and

    (c)    symmetrically disposed about the runway centreline at the threshold in two groups.

    (6) A wing bar shall be formed by at least five lights extending at least 10 m outward from, and at right angles to, the line of the runway edge lights, with the innermost light of each wing bar in the line of the runway edge lights.

    (7) A runway threshold and wing bar lights shall be fixed unidirectional lights showing green in the direction of approach to the runway.

    (8) The intensity and beam spread of the lights shall be adequate for the conditions of visibility and ambient light in which use of the runway is intended.

145.    Runway end lights

    (1) The runway end lights shall be—

    (a)    provided for a runway equipped with runway edge lights;

    (b)    placed on a line at right angles to the runway axis as near to the end of the runway as possible and, in any case, not more than 3 m outside the end; and

    (c)    consist of at least six lights and the lights shall either be—

        (i)    equally spaced between the rows of runway edge lights, or

        (ii)    symmetrically disposed about the runway centreline in two groups with lights uniformly spaced in each group and with a gap between the groups of not more than half the distance between the rows of runway edge lights.

    (2) The spacing between runway end lights for a precision approach runway category III, shall not exceed 6 m, except between the two innermost lights if a gap is used.

    (3) A runway end light shall be fixed unidirectional lights showing red in the direction of the runway and the intensity.

    (4) The beam spread of the lights shall be adequate for the conditions of visibility and ambient light for which the runway is intended.

146.    Runway centreline lights

    (1) A runway centreline light shall be—

    (a)    provided on a precision line approach category II;

    (b)    provided on a precision approach runway category I, particularly when the runway is used by aircraft with high landing speeds or where the width between the runway edge lights is greater than 50 m;

    (c)    provided on a runway intended to be used for take-off with an operating minimum of an RVR of the order of 400 m;

    (d)    provided on a runway intended to be used for take-off with an operating minimum of an RVR of the order of 400 m or higher when used by aeroplanes with a very high take-off speed, particularly where the width between the runway edge lights is greater than 50 m;

    (e)    located along the centreline of the runway, except that the lights may be uniformly offset to the same side of the runway centreline by not more than 60 cm, where it is not practicable to locate them along the centreline; and

    (f)    located from the threshold to the end at longitudinal spacing of approximately 15 m.

    (2) A centreline guidance for take-off from the beginning of a runway to a displaced threshold shall be provided by—

    (a)    an approach lighting system if its characteristics and intensity settings afford the guidance required during take-off and it does not dazzle the pilot of an aircraft taking-off; or

    (b)    runway centreline lights; or

    (c)    barrettes of at least 3 m length and spaced at uniform intervals of 30 m, as shown in Figure S1-28 in Schedule 1, designed so that their photometric characteristics and intensity setting afford the guidance required during take-off without dazzling the pilot of an aircraft taking-off—

        (i)    where necessary, provision shall be made to extinguish those centreline lights specified in subregulation (b) or reset the intensity of the approach lighting system or barrettes when the runway is being used for landing,

        (ii)    in no case shall only the single source runway centreline lights show from the beginning of the runway to a displaced threshold when the runway is being used for landing.

    (3) A runway centreline light shall be fixed lights showing variable white from the threshold to the point 900 m from the runway end, alternate red and variable white from 900 m to 300 m from the runway end and red from 300 m to the runway end, except that for runways less than 1 800 m in length, the alternate red and variable white lights shall extend from the mid-point of the runway usable for landing to 300 m from the runway end.

147.    Runway touchdown zone lights

    (1) The touchdown zone lights shall—

    (a)    be provided in the touchdown zone of a precision approach runway category II or III; and

    (b)    extend from the threshold for a longitudinal distance 900 m, except that, on runways less than 1 800 m in length, the system shall be shortened so that it does not extend beyond the midpoint of the runway.

    (2) A pair of barrettes symmetrically located about the runway centreline shall form a pattern, as set out in Figure S1-19 of Schedule 1.

    (3) The lateral spacing between the innermost lights of a pair of barrettes shall be equal to the lateral spacing selected for the touchdown zone marking.

    (4) A barrette shall—

    (a)    be composed of at least three lights with a spacing between the lights of not more than 1.5 m; and

    (b)    not be less than 3 m nor more than 4.5 m in length.

    (5) The longitudinal spacing between pairs of barrettes shall either be 30 m or 60 m.

    (6) The touchdown zone lights shall be—

    (a)    fixed unidirectional lights showing variable white; and

    (b)    in accordance with the specifications set out in Figure S5-5 of Schedule 5.

148.    Simple touchdown zone lights

    (1) An aerodrome shall be provided with simple touchdown zone lights, except where touchdown zone lights are provided, at an aerodrome where the approach angle is greater than 3.5 degrees or the landing distance available combined with other factors increases the risk of an overrun.

    (2) The simple touchdown zone lights referred in subregulation (1) shall be—

    (a)    a pair of lights located on each side of the runway centreline 0.3 m beyond the upwind edge of the final touchdown zone marking; and

    (b)    fixed unidirectional lights showing variable white, aligned so as to be visible to the pilot of a landing aeroplane in the direction of approach to the runway.

    (3) The lateral spacing between the inner lights of the two pairs of lights shall be equal to the lateral spacing selected for the touchdown zone marking.

    (4) The spacing between the lights of the same pair shall not be more than 1.5 m or half the width of the touchdown zone marking, whichever is greater.

    (5) Where provided on a runway without touchdown zone markings, simple touchdown zone lights shall be installed in such a position that provides the equivalent touchdown zone information.

149.    Rapid exit taxiway indicator lights

    (1) A taxiway runway intended for use in Runway Visual Range condition less than value of indicator lights 350 m and where the traffic density is heavy shall be provided with rapid exit taxiway indicator lights.

    (2) The rapid exit taxiway indicator lights shall not be displayed in the event of any lamp failure or other failure that prevents the display of the light pattern.

    (3) A set of rapid exit taxiway indicator lights shall be located on the runway on the same side of the runway centreline as the associated rapid exit taxiway and in each set, the light shall be located 2 m apart and light nearest to the runway centreline shall be displaced 2 m from the runway centreline.

    (4) Where more than one rapid exit taxiway exits on a runway, the set of rapid exit taxiway indicator light for each exit shall not overlap when displayed.

    (5) A rapid exit taxiway indicator light shall be fixed unidirectional yellow lights, aligned to be visible to the pilot of a landing aeroplane in the directional of approach to the runway.

150.    Stopway lights

    A stopway light shall be—

    (a)    provided for a stopway intended for use at night;

    (b)    placed along the full length of the stop-way and shall be in two parallel rows that are equidistant from the centreline and coincident with the rows of the runway edge lights; and

    (c)    provided across the end of a stop-way on a line at right angles to the stopway axis as near to the end of the stopway as possible and, in any case, not more than 3 m outside the end.

151.    Taxiway centreline lights

    (1) A taxiway centreline light shall be provided—

    (a)    on an exit taxiway and apron intended for use in Runway Visual Range conditions less than a value of 350 m in such a manner as to provide continuous guidance between the runway centreline and aircraft stand, except that the lights shall not be provided where the traffic density is light and taxiway edge lights and centreline marking provide adequate guidance;

    (b)    on a taxiway intended for use at night in Runway Visual Range conditions of 350 m or greater, and particularly on complex taxiway intersections and exit taxiways, except that the lights shall not be provided where traffic density is light and taxiway edge lights and centreline marking provide adequate guidance;

    (c)    on an exit taxiway, taxiway and apron in all visibility conditions where specified as components of an advanced surface movement guidance and control system in a manner as to provide continuous guidance between the runway centreline and aircraft stands;

    (d)    on a runway forming part of a standard taxi route and intended for taxiing in Runway Visual Range conditions less than a value of 350 m, except that the lights shall not be provided where the traffic density is light and taxiway edge lights and centreline marking provide adequate guidance;

    (e)    in all visibility conditions on a runway forming part of a standard taxi route where specified as components of an advanced surface movement guidance and control system; and

    (f)    on a taxiway other than an exit taxiway and on a runway forming part of a standard taxi route shall be fixed lights showing green with beam dimensions such that the light is visible only from aeroplanes on or in the vicinity of the taxiway.

    (2) A taxiway centreline light on an exit taxiway shall be fixed lights.

    (3) An alternate taxiway centreline light shall show green and yellow from their beginning near the runway centreline to the perimeter of the instrument landing system or microwave landing system critical or sensitive area or the lower edge of the inner transitional surface, whichever is farthest from the runway and thereafter all lights shall show green.

    (4) The first light in the exit centreline shall always show green and the light nearest to the perimeter shall always show yellow.

    (5) Where it is necessary to denote the proximity to a runway, taxiway centreline lights shall be fixed lights showing alternating green and yellow from the perimeter of the instrument landing system or microwave landing system critical or sensitive area or the lower edge of the inner transitional surface, whichever is farthest from the runway to the runway and continue alternating green and yellow until—

    (a)    their end point near the runway centreline; or

    (b)    in the case of the taxiway centreline lights crossing the runway, to the opposite perimeter of the instrument landing system or microwave landing system critical or sensitive area or the lower edge of the inner transitional surface, whichever is farthest from the runway.

    (6) Where a pilot requires higher intensity, from an operational point of view, taxiway centreline lights on rapid exit taxiways intended for use in Runway Visual Range conditions less than a value of 350 m shall be in accordance with the specifications determined by the Authority.

    (7) Where taxiway centreline lights are specified as components of an advanced surface movement guidance and control system and where, from an operational point of view, higher intensities are required to maintain ground movements at a certain speed in very low visibilities or in bright daytime conditions, taxiway centreline lights shall be in accordance with the specifications determined by the Authority.

    (8) A taxiway centreline lights shall be located on the taxiway centreline marking, except that they may be offset by not more than 30 cm where it is not practicable to locate them on the marking.

152.    Taxiway centreline lights on taxiways

    (1) A taxiway centreline light on a straight section of a taxiway line lights on shall be spaced at longitudinal intervals of not more than 30 m, except that—

    (a)    larger intervals not exceeding 60 m may be used where, because of the prevailing meteorological conditions, adequate guidance is provided by such spacing; and

    (b)    intervals less than 30 m shall be provided on short straight sections and on a taxiway intended for use in RVR conditions of less than a value of 350 m, the longitudinal spacing shall not exceed 15 m.

    (2) A taxiway centreline light on a taxiway curve shall continue from the straight portion of the taxiway at a constant distance from the outside edge of the taxiways curves.

    (3) The lights referred in subregulation (2) shall be spaced at intervals such that a clear indication of the curve is provided.

    (4) A taxiway intended for use in RVR conditions of less than a value of 350 m, the lights on a curve shall not exceed a spacing of 15 m and on a curve of less than 400 m radius, the lights shall be spaced at intervals of not greater than 7.5 m, the spacing shall extend for 60 m before and after the curve.

153.    Taxiway centreline lights on other exit taxiways

    (1) A taxiway centreline light on an exit taxiway shall commence at the point where the taxiway centreline marking begins to curve from the runway centreline and follow the curved taxiway centreline marking at least to the point where the marking leaves the runway, and the first light shall be at least 60 cm from any row of runway centreline lights.

    (2) The lights shall be spaced at longitudinal intervals of not more than 7.5 m.

154.    Taxiway centreline lights on runways

    A taxiway centreline light on a runway forming part of a standard taxi route and intended for taxiing in Runway Visual Range conditions less than a value of 350 m shall be spaced at longitudinal intervals not exceeding 15 m.

155.    Taxiway edge lights

    (1) A taxiway edge light shall be—

    (a)    provided at the edges of a holding bay, apron, among others intended for use at night and on a taxiway not provided with taxiway centreline lights and intended for use at night, except that taxiway edge lights need not be provided where, considering the nature of the operations, adequate guidance can be achieved by surface illumination or others means;

    (b)    provided on a runway forming part of a standard taxi route and intended for taxiing at night where the runway is not provided with taxiway centreline lights; and

    (c)    fixed lights showing blue.

    (2) A taxiway edge light on a straight section of a taxiway and on a runway forming part of a standard taxi route shall be spaced at uniform longitudinal intervals of not more than 60 m.

    (3) The lights on a curve shall be spaced at intervals less than 60 m so that a clear indication of the curve is provided.

    (4) A taxiway edge light on a holding bay, or apron shall be spaced at uniform longitudinal interval of not more than 30 m.

    (5) The lights shall be located as near as practicable to the edges of the taxiway, runway turn pad, holding bay, apron or runway or outside the edges at a distance of not more than 3 m.

    (6) The lights shall show up to at least 75 degrees above the horizontal and at all angles in azimuth necessary to provide guidance to a pilot taxiing in either direction.

    (7) The lights shall, at an intersection, exit or curve be shielded as far as practicable so that they cannot be seen in angles of azimuth in which they may be confused with other lights.

    (8) The intensity of taxiway edge lights shall be at least 2 cd from 0 degree to 6 degrees vertical, and 0.2 cd at any vertical angles between 6 degrees and 75 degrees.

156.    Runway turn pad lights

    (1) A runway turn pad light shall be—

    (a)    provided for continuous pad lights guidance on a runway turn pad intended for use in Runway Visual Range conditions less than a value of 350 m, to enable an aeroplane to complete a 180 degree turn and align with the runway centreline; and

    (b)    located on the runway turn pad marking, except that they may be offset by not more than 30 cm where it is not practicable to locate them on the marking; and

    (c)    unidirectional fixed lights showing green with beam dimensions such that the light is visible only from aeroplanes on or approaching the runway turn pad.

    (2) A runway turn pad light on a straight section of the runway turn pad marking shall be spaced at longitudinal intervals of not more than 15 m.

    (3) A runway turn pad light on a curved section of the runway turn pad marking shall not exceed a spacing of 7.5 m.

157.    Stop bars

    (1) A stop bar is intended to be controlled either manually or automatically by air traffic services.

    (2) A stop bar shall be provided at every runway-holding position serving a runway where it is intended that the runway will be used in Runway Visual Range conditions of values between 350 m and 550 m, except where—

    (a)    appropriate aids and procedures are available to assist in preventing inadvertent incursions of traffic onto the runway; or

    (b)    operational procedures exist to limit, in Runway Visual Range conditions less than a value of 550 m, the number of—

        (i)    aircraft on the manoeuvring area to one at a time, and

        (ii)    vehicles on the manoeuvring area to the essential minimum.

    (3) Where there is more than one stop bar associated with a taxiway and runway intersection, only one stop bar shall be illuminated at any given time.

    (4) A stop bar shall—

    (a)    be provided at an intermediate holding position when it is desired to supplement markings with lights and to provide traffic control by visual means;

    (b)    be located across the taxiway at the point where it is desired that traffic stop and where the additional lights specified by the Authority are provided, these lights shall be located not less than 3 m from the taxiway edge; and

    (c)    consist of lights spaced at uniform intervals of no more than 3 m across the taxiway, showing red in the intended direction of approach to the intersection or runway-holding position.

    (5) A pair of elevated lights shall be added to each end of the stop bar where the in-pavement stop bar lights might be obscured from a pilot’s view, or where a pilot may be required to stop the aircraft in a position so close to the lights that they are blocked from view by the structure of the aircraft.

    (6) A stop bar installed at a runway-holding position shall be unidirectional and shall show red in the direction of approach to the runway.

    (7) Where the additional lights are provided, the lights shall have the same characteristics as the lights in the stop bar, but shall be visible to approaching aircraft up to the stop bar position.

    (8) Where stop bars are specified as components of an advanced surface movement guidance and control system and where, from an operational point of view, higher intensities are required to maintain ground movements at a certain speed in very low visibilities or in bright daytime conditions, the intensity in red light and beam spreads of stop bar lights shall be in accordance with the specifications determined by the Authority.

    (9) The lighting circuit shall be designed so that—

    (a)    stop bars located across entrance taxiways are selectively switchable;

    (b)    stop bars located across taxiways intended to be used only as exit taxiways are switchable selectively or in groups;

    (c)    when a stop bar is illuminated, any taxiway centreline lights installed beyond the stop bar shall be extinguished for a distance of at least 90 m; and

    (d)    stop bars are interlocked with the taxiway centreline lights so that when the centreline lights beyond the stop bar are illuminated the stop bar is extinguished and vice versa.

158.    Intermediate holding position lights

    (1) An intermediate holding position light shall be provided at an intermediate holding position intended for use in Runway Visual range conditions less than a value of 350 m, except where a stop bar has been installed.

    (2) An intermediate holding position light shall—

    (a)    be provided at an intermediate holding position where there is no need for stop-and-go signals as provided by a stop bar;

    (b)    be located along the intermediate holding position marking at a distance of 0.3 m prior to the marking;

    (c)    consist of three fixed unidirectional lights showing yellow in the direction of approach to the intermediate holding position with a light distribution similar to taxiway centreline lights if provided; and

    (d)    disposed symmetrically about and at right angle to the taxiway centreline, with individual lights spaced 1.5 m apart.

159.    Runway guard lights

    (1) A runway incursion may take place in all visibility or weather conditions and the use of runway guard lights at runway-holding positions can form part of an effective runway incursion prevention measures.

    (2) A runway guard light shall be provided at each taxiway and runway intersection, as set out in Figure S1-33 of Schedule 1, except at exit only taxiways associated with a runway intended for use in—

    (a)    Runway Visual Range conditions less than a value of 550 m where a stop bar is not installed; and Runway Visual Range conditions of values between 550 m and 1 200 m where the traffic density is heavy; and

    (b)    as part of runway incursion prevention measures, runway guard lights, Configuration A or B, shall be provided at each taxiway and runway intersection where runway incursion hot spots have been identified, and used under all weather conditions during day and night.

    (3) A runway guard light Configuration B shall—

    (a)    not be collocated with a stop bar;

    (b)    not be located across the taxiway on the holding side of the runway-holding position marking at a distance from the runway centreline not less than that specified for a take-off runway;

    (c)    consist of yellow lights spaced at intervals of 3 m across the taxiway; and

    (d)    where there are adjacent lights, be alternately illuminated and alternative lights shall be illuminated in unison.

    (4) A runway guard light Configuration A shall—

    (a)    be located at each side of the taxiway on the holding side of the runway-holding position marking at a distance from the runway centreline not less than that specified for a take-off runway; and

    (b)    consist of two pairs of yellow lights.

    (5) Where there is a need to enhance the contrast between the on and off state of runway guard lights, Configuration A, intended for use during the day, a visor shall be located above each lamp of to prevent sunlight from entering the lens without interfering with the function of the fixture shall be located above each lamp.

    (6) A light beam shall be unidirectional and shall show yellow in the direction of approach to the runway-holding position.

    (7) The intensity in yellow light and beam spreads of lights of Configuration A shall be in accordance with the specifications determined by the Authority.

    (8) Where runway guard lights are intended for use during the day, the intensity in yellow light and beam spreads of lights of Configuration A and B shall be in accordance with the specifications determined by the Authority.

    (9) Where runway guard lights are specified as components of an advanced surface movement guidance and control system where higher light intensities are required, the intensity in yellow light and beam spreads of lights of Configuration A and B shall be in accordance with the specifications determined by the Authority.

    (10) The lights in each unit of Configuration A shall be illuminated alternately.

    (11) The runway guard lights shall be illuminated between 30 and 60 cycles per minute and the light suppression and illumination periods shall be equal and opposite in each light.

160.    Apron floodlighting

    (1) An apron and a designated isolated aircraft parking position intended to be used at night shall be provided with floodlights.

    (2) The floodlights referred to in subregulation (1) shall be located so as to provide adequate illumination on all apron service areas, with a minimum of glare to pilots of aircraft in flight and on the ground, aerodrome and apron controllers, and personnel on the apron.

    (3) The arrangements and aiming of floodlights shall be such that an aircraft stand receives light from two or more directions to minimise shadows.

    (4) The spectral distribution of apron floodlights shall be such that the colours used for aircraft marking connected with routine servicing, and for surface and obstacle marking, can be correctly identified.

    (5) The average illuminance shall be at least the following aircraft stand—

    (a)    horizontal illuminance 20 lux with a uniformity ratio (average to minimum) of not more than 4 to 1; and

    (b)    vertical illuminance 20 lux at a height of 2 m above the apron in relevant directions.

    (6) The other areas of illuminance shall be horizontal illuminance -50 per cent of the average illuminance on the aircraft stands with a uniformity ratio of not more than 4 to 1.

161.    Visual docking guidance system

    (1) A visual docking guidance system shall be provided when it is intended to indicate, by a visual aid, the precise positioning of an aircraft on an aircraft stand and other alternative means, such as marshallers, are not practicable.

    (2) The system shall provide both azimuth and stopping guidance.

    (3) The azimuth guidance unit and the stopping position indicator shall be adequate for use in all weather, visibility, background lighting and pavement conditions for which the system is intended both by day and night but shall not dazzle the pilot.

    (4) The azimuth guidance unit and the stopping position indicator shall be of a design such that—

    (a)    a clear indication of malfunction of either or both is available to the pilot; and

    (b)    they can be turned off.

    (5) The azimuth guidance unit and the stopping position indicator shall be located in position that allows continuity of guidance between the aircraft stand markings, the aircraft stand manoeuvring guidance lights, if present, and the visual docking guidance system.

    (6) The accuracy of the system shall be adequate for the type of loading bridge and fixed aircraft servicing installations with which it is to be used.

    (7) The system shall be usable by all types of aircraft for which the aircraft stand is intended, without selective operation.

    (8) Where selective operation is required to prepare the system for use by a particular type of aircraft, then the system shall provide an identification of the selected aircraft type to both the pilot and the system operator as a means of ensuring that the system has been set properly.

162.    Azimuth guidance unit

    (1) The azimuth guidance unit shall—

    (a)    be located on or close to the extension of the stand centreline ahead of the aircraft so that its signals are visible from the cockpit of an aircraft throughout the docking manoeuvre and aligned for use at least by the pilot occupying the left seat;

    (b)    be aligned for use by the pilots occupying both the left and right seats;

    (c)    provide unambiguous left or right guidance which enables the pilot to acquire and maintain the lead-in line without over controlling.

    (2) When azimuth guidance is indicated by colour change, green shall be used to identify the centreline and red for deviations from the centreline.

163.    Stopping position indicator

    (1) The stopping position indicator shall—

    (a)    be located in conjunction with, or sufficiently close to, the azimuth guidance unit so that a pilot can observe both the azimuth and stop signals without turning the head;

    (b)    be usable at least by the pilot occupying the left seat;

    (c)    be usable by the pilots occupying both the left and right seats;

    (d)    show the stopping position for the aircraft for which guidance is being provided, and shall provide closing rate information to enable the pilot to gradually deaccelerate the aircraft to a full stop at the intended stopping position; and

    (e)    provide closing rate information over a distance of at least 10 m.

    (2) The stopping position information provided by the indicator for a particular aircraft type shall account for the anticipated range of variations in pilot eye height or viewing angle.

164.    Advanced Visual Docking Guidance System

    (1) The AVDGS shall be—

    (a)    suitable for use by all types of aircraft for which an aircraft stand is intended;

    (b)    used only in conditions in which its operational performance is specified;

    (c)    located in a manner ensuring that unobstructed and unambiguous guidance is provided to the person responsible for, and persons assisting, the docking of the aircraft throughout the docking manoeuvre;

    (d)    provide, at minimum, the following guidance information at the appropriate stage of the docking manoeuvre—

        (i)    an emergency stop indication,

        (ii)    the aircraft type and model for which the guidance is provided,

        (iii)    the aircraft type and model for which the guidance is provided,

        (iv)    an indication of the lateral displacement of the aircraft relative to the stand centreline,

        (v)    the direction of azimuth correction needed to correct a displacement from the stand centreline,

        (vi)    an indication of the distance to the stop position,

        (vii)    an indication when the aircraft has reached the correct stopping position, and

        (viii)    a warning indication if the aircraft goes beyond the appropriate stop position; and

    (e)    be capable of providing docking guidance information for all aircraft taxi speeds encountered during the docking manoeuvre.

    (2) The docking guidance information provided by an AVDGS shall not conflict with that provided by a conventional visual docking guidance system on an aircraft stand if both types are provided and are in operational use.

    (3) A method of indicating that an AVDGS is not in operational use or is unserviceable shall be provided.

    (4) Any symbols and graphics used to depict guidance information shall be—

    (a)    intuitively representative of the type of information provided on the lateral displacement of the aircraft relative to the stand centreline;

    (b)    provided at least 25 m prior to the stop position; and

    (c)    provided from at least 15 m prior to the stop position for the continuous closure distance and closure rate.

    (5) Where docking, a docking manoeuvre shall be provided throughout, on the AVDGS to indicate the need to bring an aircraft to an immediate halt.

    (6) Where there is a need to bring an aircraft to an immediate halt and a failure of the AVDGS, no other information shall be displayed.

    (7) The docking procedure to initiate an immediate halt shall be made available to personnel responsible for the operational safety of the stand.

165.    Aircraft stand manoeuvring guidance lights

    (1) The aircraft stand manoeuvring guidance lights shall be collocated with the aircraft stand markings.

    (2) The aircraft stand manoeuvring guidance lights, other than those indicating a stop position, shall be fixed yellow lights, visible throughout the segments within which they are intended to provide guidance.

    (3) The lights indicating a stop position shall be fixed unidirectional lights showing red.

166.    Road-holding position light

    (1) A road-holding position light shall—

    (a)    be provided at each road-holding position serving a runway when it is intended that the runway will be used in Runway Visual Range conditions less than a value of 350 m;

    (b)    be located adjacent to the holding position marking 1.5 m (±0.5 m) from one edge of the road as appropriate to the local traffic regulations; and

    (c)    comprise a—

        (i)    controllable red (stop) and green (go) traffic light, or

        (ii)    flashing-red light.

    (2) The road-holding position light beam shall be unidirectional and aligned so as to be visible to the driver of a vehicle approaching the holding position.

    (3) The intensity of the light beam shall be adequate for the conditions of visibility and ambient light in which the use of the holding position is intended, but shall not dazzle the driver.

    (4) The flash frequency of the flashing-red light referred to under subregulation (1)(c)(ii) shall be between 30 and 60 flashes per minute.

167.    No-entry bar

    (1) A no-entry bar shall be provided across a taxiway which is intended to be used as an exit only taxiway to assist in preventing inadvertent access of traffic to that taxiway.

    (2) The intensity in red light and beam spreads of no-entry bar lights shall be in accordance with the specifications of the Authority.

    (3) The taxiway centreline lights installed beyond the no-entry bar, looking in the direction of the runway, shall not be visible.

168.    Runway status lights

    (1) A runway status light is a type of Autonomous Runway Incursion Warning System with two components namely, runway entrance lights and take-off hold lights.

    (2) The components referred to in subregulation (1) may be installed separately although the two components are designed to be complementary to each other.

    (3) Where provided, runway entrance lights shall be offset 0.6 m from the taxiway centreline on the opposite side to the taxiway centreline lights and begin 0.6 m before the runway-holding position extending to the edge of the runway.

    (4) An additional single light shall be placed on the runway 0.6 m from the runway centreline and aligned with the last two taxiway runway entrance lights.

    (5) Where two or more runway-holding positions are provided, the runway-holding position to be used is the one closest to the runway.

    (6) A runway entrance light shall—

    (a)    consist of at least five light units and shall be spaced at a minimum of 3.8 m and a maximum of 15.2 m longitudinally, depending upon the taxiway length involved, except for a single light installed near the runway centreline;

    (b)    consist of a single line of fixed in pavement lights showing red in the direction of aircraft approaching the runway; and

    (c)    illuminate as an array at each taxiway and runway intersection.

    (7) Where provided, take-off holding lights shall be offset 1.8 m on each side of the runway centreline lights and extend, in pairs, starting at a point 115 m from the beginning of the runway and, thereafter, every 30 m for at least 450 m.

    (8) Where provided, taking-off holding lights shall consist of two rows of fixed in pavement lights showing red facing the aircraft taking-off.

    (9) The take-off holding light shall illuminate as an array on the runway less than two seconds after the system determines a warning is needed.

    (10) The intensity and beam spread of take-off holding light and runway entrance light shall be in accordance with the specifications set out in Schedule 5 and Schedule 1.

169.    Signs

    (1) A sign shall be provided to convey a mandatory instruction, information on a specific location or destination on a movement area or to provide other information to meet the requirements of regulation 224(1).

    (2) A sign shall be frangible.

    (3) A sign located near a runway or taxiway shall be placed low to preserve clearance for propellers and the engine pods of jet aircraft.

    (4) The installed height of the sign shall not exceed the dimension set out in Schedule 7 and shall be rectangular with the longer side horizontal.

    (5) The inscriptions on a sign shall be in accordance with the provisions of regulation 224(1).

    (6) A sign shall be illuminated as set out in Schedule 7 when intended for use—

    (a)    in Runway Visual Range conditions less than a value of 800 m; or

    (b)    at night in association with instrument runways; or

    (c)    at night in association with non-instrument runway where the code number is 3 or 4.

    (7) A sign shall be retro reflective or illuminated as set out in Schedule 7 when intended for use at night in association with non-instrument runways where the code number is 1 or 2.

    (8) A variable message sign shall—

    (a)    show a blank face when not in use; and

    (b)    in case of failure, not provide information that could lead to unsafe action from a pilot or a vehicle driver.

    (9) The colour of a sign shall be as set out in Schedule 4.

170.    Mandatory instruction sign

    (1) A mandatory instruction sign shall be provided to identify a location beyond which an aircraft taxiing or vehicle shall not proceed unless authorised by the aerodrome control tower.

    (2) The sign referred to in subregulation (1) shall be red if in the movement area.

    (3) A mandatory instruction sign shall include runway designation signs, category I, II or III holding position signs, runway-holding position signs, road-holding position signs and NO ENTRY signs.

    (4) The signs referred to in subregulation (2) shall be in accordance with pattern A or pattern B.

    (5) A pattern "A" runway-holding position marking shall be supplemented at a taxiway and runway intersection or a runway and runway intersection with a runway designation sign.

    (6) A pattern "B" runway-holding position marking shall be supplemented with a category I, II or III holding position sign.

    (7) A pattern "A" runway-holding position marking at a runway-holding position established in accordance with regulation 73(3) shall be supplemented with a runway-holding position sign.

    (8) A mandatory instruction sign shall consist of an inscription in white on a red background.

    (9) The inscription on a runway designation sign shall consist of the runway designations of the intersecting runway properly oriented with respect to the viewing position of the sign, except that a runway designation sign installed in the vicinity of a runway extremity may show the runway designation of the concerned runway extremity only.

    (10) The inscription on a category I, II, III, joint II and III or joint I, II and III holding position sign shall consist of the runway designator followed by CAT I, CAT II, CAT III, CAT II and III or CAT I, II and III, as appropriate.

    (11) The inscription on a runway-holding position sign at a runway-holding position established in accordance with regulation 73(3) shall consist of the taxiway designation and a number.

171.    Information signs

    (1) An information sign shall be provided where there is an operational need to identify by a sign, a specific location, or routing information.

    (2) The information sign shall include direction signs, location signs, destination signs, runway exit signs, runway vacated signs and intersection take-off signs.

    (3) A runway exit sign shall be provided where there is an operational need to identify a runway exit.

    (4) A runway vacated sign shall be provided where the exit taxiway is not provided with taxiway centreline lights and there is a need to indicate to a pilot leaving a runway the perimeter of the instrument landing system or microwave landing system critical or sensitive area or the lower edge of the inner transitional surface, whichever is farther from the runway centreline.

    (5) A taxiway shall be identified by a designator that is used only once on an aerodrome comprising a single letter, two duplicate letters or a combination of a letter or letters or a combination of a letter or letters followed by a number.

    (6) When designating taxiways, the use of letters I, O or X and the use of words such as inner and outer shall be avoided to avoid confusion with numerals 1, 0 and closed marking.

    (7) An intersection take-off sign shall be provided when there is an operational need to indicate the remaining take-off run available for intersection take-offs.

    (8) A destination sign shall be provided to indicate the direction to a specific destination on the aerodrome.

    (9) A combined location and direction sign shall be provided when it is intended to indicate routing information prior to a taxiway intersection.

    (10) An apron stand shall not conflict with taxiway designators.

    (11) A direction sign shall be provided when there is an operational need to identify the designation and direction of taxiways at an intersection.

172.    VOR aerodrome checkpoint sign

    (1) A VOR aerodrome checkpoint sign shall—

    (a)    be located as near as possible to the checkpoint and so that the inscriptions are visible from the cockpit of an aircraft properly positioned on the VOR aerodrome checkpoint marking; and

    (b)    consist of an inscription in black on a yellow background.

    (2) The inscriptions on a VOR checkpoint sign should be in accordance with one of the alternatives in the VOR aerodrome checkpoint sign figure set out in Figure S1-37 of Schedule 1.

173.    Aerodrome identification sign

    (1) An aerodrome identification sign shall—

    (a)    be provided at an aerodrome where there is insufficient alternative means of visual identification and shall be placed on the aerodrome so as to be legible in so far as is practicable, at all angles above the horizontal;

    (b)    be placed on the aerodrome so as to be legible, in so far as is practicable, at all angles above the horizontal; and

    (c)    consist of the name of the aerodrome.

    (2) The colour selected for the aerodrome identification sign shall give adequate conspicuity when viewed against its background.

    (3) The characters of the aerodrome identification shall have a height of not less than 3 m.

174.    Aircraft stand identification sign

    (1) An aircraft stand identification marking shall be—

    (a)    supplemented with an aircraft stand identification sign where feasible; and

    (b)    located so as to be clearly visible from the cockpit of an aircraft prior to entering the aircraft stand.

    (2) An aircraft stand identification sign should consist of an inscription in black on a yellow background.

175.    Road-holding position sign

    (1) A road-holding position sign shall—

    (a)    be provided at all road entrances to a runway, apron and taxiway;

    (b)    be located 1.5 m from one edge of the road (left or right as provided in the Road Traffic Act (Cap. 69:03)) to the holding position; and

    (c)    consist of an inscription in white on a red background.

    (2) The inscription on a road-holding position sign shall be in the national language, be in conformity with the Road Traffic Act and include the following—

    (a)    a requirement to stop; and

    (b)    where appropriate—

        (i)    a requirement to obtain ATC clearance, and

        (ii)    a location designator.

    (3) A road-holding position sign intended for night use shall be retro reflective or illuminated.

176.    Unpaved runways edge markers

    (1) A marker shall be provided when the extent of an unpaved runway is not clearly indicated by the appearance of its surface compared with that of the surrounding ground.

    (2) Where runway lights are provided, the markers shall be incorporated in the light fixtures.

    (3) Where there are no lights, markers of flat rectangular or conical shape shall be placed so as to delimit the runway clearly.

    (4) The flat rectangular markers referred in subregulation (3) shall have a minimum size of 1 m by 3 m and shall be placed with their long dimension parallel to the runway centreline.

    (5) The conical markers referred in subregulation (3) shall have a height not exceeding 50 cm.

177.    Stopway edge markers

    (1) A stopway edge marker shall, be provided when the extent of a stopway is not clearly indicated by its appearance compared with that of the surrounding ground.

    (2) The stopway edge markers shall be sufficiently different from any runway edge markers used to ensure that the two types of markers cannot be confused.

    (3) A marker consisting of small vertical boards camouflaged on the reverse side, as viewed from the runway, is operationally acceptable.

178.    Taxiway edge markers

    (1) A taxiway edge marker shall—

    (a)    where provided, be provided on a taxiway where the code number is 1 or 2 and taxiway centreline or edge lights or taxiway centreline markers are not provided;

    (b)    be installed at least at the same locations as would the taxiway edge lights had they been used; and

    (c)    be retro reflective blue.

    (2) The marked surface as viewed by the pilot shall be a rectangle and shall have a minimum viewing area of 150 cm2.

    (3) A taxiway edge marker shall be frangible.

    (4) The height of the marker referred to in subregulation (3) shall be low to preserve clearance for propellers and for the engine pods of jet aircraft.

179.    Taxiway centreline markers

    (1) A taxiway centreline marker shall be—

    (a)    provided on a taxiway if there is a need to improve the guidance provided by the taxiway centreline marking, where provided;

    (b)    retro reflective green; and

    (c)    designed and fitted as to withstand being ran over by the wheels of an aircraft without damage either to the aircraft or to the markers themselves.

    (2) The marked surface as viewed by the pilot shall be a rectangle and shall have a minimum viewing area of 20 cm2.

180.    Unpaved taxiway edge markers

    (1) A marker shall be provided where the extent of an unpaved taxiway is not clearly indicated by its appearance compared with that of the surrounding ground.

    (2) Where taxiway lights are provided, the markers shall be incorporated in the light fixtures.

    (3) Where there are no lights, markers of conical shape shall be placed so as to delimit the taxiway clearly.

181.    Boundary markers

    (1) A boundary marker shall—

    (a)    be provided at an aerodrome where the landing area has no runway;

    (b)    be spaced along the boundary of the landing area at intervals of not more than 200 m, if the type set out in Figure S1-38 of Schedule 1 is used, or approximately 90 m, if the conical type is used with a marker at any corner; and

    (c)    where provided, be in the form of a cone not less than 50 cm high and not less than 75 cm in diameter at the base.

    (2) A boundary marker shall be coloured to contrast with the background against which they will be seen.

    (3) A single colour, orange or red, or two contrasting colours, orange and white or alternatively red and white, shall be used, except where such colours merge with the background.

PART X
Visual Aids for Denoting Obstacle (regs 182-196)

182.    Provision of visual aids for denoting obstacles

    An operator shall ensure that visual aids for denoting obstacles are duly provided and properly maintained to ensure the safe operation of aircraft at and around the aerodrome.

183.    Marking and lighting of objects within the lateral boundaries of the obstacle limitation surfaces

    (1) A vehicle and other mobile objects, excluding an aircraft, on the movement area of an aerodrome shall be obstacles and shall be marked, and, if the vehicle and aerodrome are used at night or in conditions of low visibility, they shall be lit, except that aircraft servicing equipment and vehicles used only on aprons may be exempt.

    (2) An elevated aeronautical ground light within the movement area shall be marked to be conspicuous by day and obstacle lights shall not be installed on elevated ground lights or signs in the movement area.

    (3) All obstacles within the distance set out in Table S1-3, column 11 or 12 of Schedule 1, from the centreline of a taxiway, an apron taxiway or aircraft stand taxi lane shall be marked and, if the taxiway, apron taxiway or aircraft stand taxi lane is used at night, lit.

    (4) A fixed obstacle that extends above a take-off climb surface within 3 000 m of the inner edge of the take-off climb surface shall be marked and, if the runway is used at night, lit, except that—

    (a)    such marking and lighting may be omitted when the obstacle is shielded by another fixed obstacle;

    (b)    the marking may be omitted when the obstacle is lit by medium-intensity obstacle lights, type A, by day and its height above the level of the surrounding ground does not exceed 150 m; and

    (c)    the marking may be omitted when the obstacle is lit by high intensity obstacle lights by day.

    (5) A fixed object, other than an obstacle, adjacent to a take-off climb surface shall be marked and, if the runway is used at night, lit if such marking and lighting is considered necessary to ensure its avoidance, except that the marking may be omitted when the object is lighted by—

    (a)    medium-intensity obstacle lights, type A, by day and its height above the level of the surrounding ground does not exceed 33 m; or

    (b)    high-intensity obstacle lights by day.

    (6) A fixed obstacle that extends above an approach surface within 3 000 m of the inner edge or above a transitional surface shall be marked and, if the runway is used at night, lit, except that—

    (a)    such marking and lighting may be omitted when the obstacle is shielded by another fixed obstacle;

    (b)    the marking may be omitted when the obstacle is lighted by medium-intensity obstacle lights, type A, by day and its height above the level of the surrounding ground does not exceed 33 m; and

    (c)    the marking may be omitted when the obstacle is lighted by high-intensity obstacle lights by day.

    (7) A fixed obstacle that extends above a horizontal surface shall be marked and, if the aerodrome is used at night, lighted except that—

    (a)    such marking and lighting may be omitted when—

        (i)    the obstacle is shielded by another obstacle, or

        (ii)    for a circuit extensively obstructed by immovable objects or terrain, procedures have been established to ensure safe vertical clearance below prescribed flight paths; or

    (b)    an aeronautical study shows the obstacle not to be of operational significance;

    (c)    the marking may be omitted when the obstacle is lighted by medium-intensity obstacle lights, type A, by day and its height above the level of the surrounding ground does not exceed 150 m; and

    (d)    the marking may be omitted when the obstacle is lighted by high intensity obstacle lights by day.

    (8) A fixed object that extends above an obstacle protection surface shall be marked and, if the runway is used at night, lighted.

    (9) Any other object inside the obstacle limitation surfaces shall be marked or lit if an aeronautical study indicates that the object could constitute a hazard to aircraft, and this includes objects adjacent to visual routes.

    (10) All overhead wires or cables shall be marked, and their supporting towers marked and lit if an aeronautical study indicated that the wires or cables could constitute a hazard to aircraft.

184.    Marking and lighting of objects outside the lateral boundaries of the obstacle limitation surfaces

    (1) An obstacle in an area beyond the limit of the obstacle limitation surface, which extends to a height of 33 m or more above ground elevation within 16 kilometres shall be considered as an obstacle and shall be marked and lit, except that the marking may be omitted when the obstacle is lighted by high intensity obstacle lights by day.

    (2) Any other object outside the obstacle limitation surfaces shall be marked or lit if an aeronautical study indicates that the object could constitute a hazard to aircraft including objects adjacent to visual routes such as waterways and highways.

    (3) All overhead wires or cables shall be marked, and their supporting towers marked and lighted if an aeronautical study indicates that the wires or cables could constitute a hazard to aircraft.

185.    Marking and/or lighting of objects

    (1) The presence of objects which must be lit, in accordance with these Regulations shall be indicated by low, medium, or high intensity lights, or a combination of such lights.

    (2) A—

    (a)    low intensity obstacle light, types A, B, C and D;

    (b)    medium intensity obstacle light, types A, B and C; and

    (c)    high intensity obstacle light, type A and B,

shall be in accordance with the specifications set out in Tables S1-12 to S1-14 in Schedule 1.

    (3) Pursuant to subregulations (1) and (2)—

    (a)    the number and arrangement of low, medium or high-intensity obstacle lights at each level to be marked shall be such that the object is indicated from every angle in azimuth;

    (b)    where a light is shielded in any direction by another part of the object, or by an adjacent object, additional lights shall be provided on that adjacent object or the part of the object that is shielding the light, in such a way as to retain the general definition of the object to be lighted; and

    (c)    if the shielded light does not contribute to the definition of the object to be lighted, it may be omitted.

186.    Marking and lighting of mobile objects

    (1) All mobile objects to be marked shall be coloured or display lighting.

    (2) Where a mobile object is marked by colour, a single conspicuous colour shall be used, preferably red or yellowish green for emergency vehicles and yellow for service vehicles.

    (3) A flag used to mark mobile objects shall—

    (a)    be displayed around, on top of, or around the highest edge of the object; and

    (b)    not increase the hazard presented by the object they mark.

    (4) Pursuant to subregulations (1) and (2)—

    (a)    flags used to mark mobile objects shall not be less than 0.9 m on each side and shall consist of a chequered pattern, each square having sides of not less than 0.3 m;

    (b)    the colours of the pattern shall contrast each with the other and with the background against which they will be seen; and

    (c)    orange and white or alternatively red and white shall be used, except where such colours merge with the background and an extended beam spread may be necessary under specific configuration and justified by an aeronautical study.

    (5) A low intensity obstacle light, type C shall be displayed on vehicles—

    (a)    and other mobile objects excluding aircraft; and

    (b)    associated with emergency or security shall be flashing-blue and those displayed on other vehicles shall be flashing-yellow.

    (6) A low intensity obstacle light, type D shall be displayed on follow-me vehicles.

    (7) A low-intensity obstacle light on objects with limited mobility such as aerobridges, shall be fixed-red, and as a minimum be in accordance with the specifications for low-intensity obstacle lights, type A, set out in Table S8-1 of Schedule 8.

    (8) The intensity of the lights referred to in subregulation (6) shall be sufficient to ensure conspicuity considering the intensity of the adjacent lights and the general levels of illumination against which they would be viewed.

187.    Intensity and colour of obstacle lights

    The intensity and colour of obstacle lights shall be as set out in Schedule 7.

188.    Marking of fixed objects

    (1) All fixed objects to be marked shall, whenever practicable, be coloured, but if this is not practicable, markers or flags shall be displayed on or above them, except that objects that are conspicuous by their shape, size or colour need not be otherwise marked.

    (2) Pursuant to subregulation (1)—

    (a)    an object shall be coloured to show a chequered pattern if it has essentially unbroken surfaces and its projection on any vertical plane equals or exceeds 4.5 m in both dimensions;

    (b)    the pattern shall consist of rectangles of not less than 1.5 m and not more than 3 m on a side, the corners being of the darker colour;

    (c)    the colours of the pattern shall contrast each with the other and with the background against which they will be seen; and

    (d)    orange and white or alternatively red and white shall be used, except where such colours merge with the background as set out in Figure S1- 39 of Schedule 1.

    (3) An object shall be coloured to show alternating contrasting bands if it—

    (a)    has essentially unbroken surfaces and has one dimension, horizontal or vertical, greater than 1.5 m, and the other dimension, horizontal or vertical, less than 4.5 m; or

    (b)    is of skeletal type with either a vertical or a horizontal dimension greater than 1.5 m.

    (4) Subject to subregulation (3)—

    (a)    the bands shall be perpendicular to the longest dimension and have a width approximately 1/7 of the longest dimension or 30 m, whichever is less;

    (b)    the colours of the bands shall contrast with the background against which they will be seen;

    (c)    orange and white shall be used, except where such colours are not conspicuous when viewed against the background; and

    (d)    the bands on the extremities of the object shall be of the darker colour as set out in Figures S1-39 and S1-40 of Schedule 1.

    (5) The formula for determining bandwidth and for having an odd number of bands, thus permitting both the top and bottom bands to be of the darker colour shall be as set out in Table S1-15 of Schedule 1.

    (6) An object shall be coloured in a single conspicuous colour if its projection on any vertical plane has both dimensions less than 1.5 m and orange or red shall be used, except where such colours merge with the background, in which case it may be necessary to use a different colour from orange or red to obtain sufficient contrast.

    (7) A flag used to mark fixed objects shall—

    (a)    be displayed around, on top of, or around the highest edge of, the object and when flags are used to mark extensive objects or groups of closely spaced objects, they shall be displayed at least every 15 m and such flags shall not increase the hazard presented by the object they mark;

    (b)    not be less than 0.6 m on each side; and

    (c)    be orange in colour or a combination of two triangular sections, one orange and the other white, or one red and the other white, except that where such colours merge with the background; other conspicuous colours shall be used.

    (8) A marker displayed on or adjacent to objects shall be in a conspicuous position to retain the general definition of the object and shall be recognizable in clear weather from a distance of at least 1 000 m for an object to be viewed from the air and 300 m for an object to be viewed from the ground in all directions in which an aircraft is likely to approach the object.

    (9) Pursuant to subregulation (10) the shape of markers shall be distinctive to ensure that they are not mistaken for markers employed to convey other information, and they shall be such that the hazard presented by the object they mark is not increased.

    (10) A marker shall be of one colour, and when installed, white and red, or white and orange markers shall be displayed alternately and the colour selected shall contrast with the background against which it will be seen.

189.    Lighting of fixed medium objects

    (1) Where an object is to be lit, one or more low, fixed objects medium or high intensity obstacle lights shall be located as close as practicable to the top of the object.

    (2) A chimney or other structure of like function, the top light shall be placed below the top to minimise contamination by smoke as set out in Figure S1-40 of Schedule 1.

    (3) A tower or antenna structure indicated by high intensity obstacle lights by day with an appurtenance, such as a rod or an antenna, greater than 12 m where it is not practicable to locate a high intensity obstacle light on the top of the appurtenance, such a light shall be located at the highest practicable point and, if practicable, a medium intensity obstacle light, type A, mounted on the top.

    (4) An extensive object or of a group of closely spaced objects to be lit that are—

    (a)    penetrating a horizontal obstacle limitation surface or located outside an obstacle limitation surface, the top lights shall be so arranged as to at least indicate the points or edges of the object highest in relation to the obstacle limitation surface or above the ground, and so as to indicate the general definition and the extent of the objects; and

    (b)    penetrating a sloping obstacle limitation surface, the top lights shall be so arranged as to at least indicate the points or edges of the object highest in relation to the obstacle limitation surface, and so as to indicate the general definition and the extent of the objects, where two or more edges are of the same height, the edge nearest the landing area shall be marked.

    (5) Where an obstacle limitation surface is sloping and the highest point above the obstacle limitation surface is not the highest point of the object, additional obstacle lights shall be placed on the highest point of the object.

    (6) Where lights are applied to display the general definition of an extensive object or a group of closely spaced objects, and—

    (a)    low intensity lights are used, they shall be spaced at longitudinal intervals not exceeding 45 m; and

    (b)    medium intensity lights are used, they shall be spaced at longitudinal intervals not exceeding 900 m.

    (7) A high intensity obstacle light, type A and a medium intensity obstacle light, types A and B, located on an object shall flash simultaneously.

    (8) The installation setting angles for high intensity obstacle lights, type A, shall be in accordance with Table S1-15 in Schedule 1, except that where high intensity obstacle lights are intended for day use as well as night use, care shall be taken to ensure that the lights do not create disconcerting dazzle.

    (9) A sign, location, and operation of high intensity obstacle lights shall be in accordance with Part X of these Regulations and as determined by the Authority.

    (10) Where, in the opinion of the Authority or the operator, the use of high intensity obstacle lights, type A, or medium intensity obstacle lights, type A, at night may dazzle pilots within approximately 10 000 m radius of an aerodrome or cause significant environmental concerns, a dual obstacle lighting system shall be provided, in which case, this system shall be composed of high intensity obstacle lights, type A, or medium intensity obstacle lights, type A, as appropriate, for daytime and twilight use and medium intensity obstacle lights, type B or C, for night-time use.

190.    Lighting of objects with height less than 45 m above ground level

    (1) A low intensity obstacle light, type A or B, shall be used where the object is a less extensive one and its height above the surrounding ground is less than 45 m.

    (2) Where the use of low intensity obstacle lights, type A or B, would be inadequate or an early special warning is required, then medium or high intensity obstacle lights shall be used.

    (3) A low intensity obstacle light, type B, shall be used either alone or in combination with a medium intensity obstacle light, type B, in accordance with subregulation (4).

    (4) A medium intensity obstacle light, type A, B or C, shall be used where the object is an extensive one, such as a group of buildings, and medium intensity obstacle light, type A and C, shall be used alone, and a medium intensity obstacle light, type B, shall be used either alone or in combination with low intensity obstacle light, type B.

    (5) The lighting of an object shall be as set in Table S8-1-8 in Schedule 8.

191.    Lighting of objects with a height 45 m or more to a height less than 150 m above ground level

    (1) Where an object is indicated by medium intensity obstacle lights, type A, and the top of the object is more than 105 m above the level of the surrounding ground or the elevation of tops of nearby buildings, where the object to be marked is surrounded by buildings, additional lights shall be provided at intermediate levels.

    (2) Pursuant to subregulation (2), the additional lights shall be spaced as equally as practicable, between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 105 m.

    (3) Where an object is indicated by medium intensity obstacle lights, type B, and the top of the object is more than 45 m above the level of the surrounding ground or the elevation of tops of nearby buildings, where the object to be marked is surrounded by buildings, additional lights shall be provided at intermediate levels.

    (4) Pursuant to subregulation (3), the additional lights shall be alternately low intensity obstacle lights, type B, and medium intensity obstacle lights, type B, and shall be spaced as equally as practicable between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 52 m.

    (5) Where an object is indicated by medium intensity obstacle lights, type C, and the top of the object is more than 45 m above the level of the surrounding ground or the elevation of tops of nearby buildings, where the object to be marked is surrounded by buildings, additional lights shall be provided at intermediate levels.

    (6) The additional lights referred to in subregulation (6) shall be spaced as equally as practicable, between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 52 m.

    (7) Where high intensity obstacle lights, type A, are used, the lights shall be spaced at uniform intervals not exceeding 105 m between the ground level and the top light, except that where an object to be marked is surrounded by buildings, the elevation of the tops of the buildings may be used as the equivalent of the ground level when determining the number of light levels.

    (8) The lighting of an object shall be as set in Table S8-1-8 in Schedule 8.

192.    Lighting of objects with a height 150 m or more above ground level

    (1) A high intensity obstacle light, type A, shall be used to indicate the presence of an object if its height above the level of the surrounding ground exceeds 150 m and an aeronautical study indicates such lights to be essential for the recognition of the object by day.

    (2) Where high intensity obstacle lights, type A, are used, the lights shall be spaced at uniform intervals not exceeding 105 m between the ground level and the top light, except that where an object to be marked is surrounded by buildings, the elevation of the tops of the buildings may be used as the equivalent of the ground level when determining the number of light levels.

    (3) Where, in the opinion of the Authority, the use of high intensity obstacle lights, type A, at night may dazzle pilots within approximately 10 000 m radius of the aerodrome or cause significant environmental concerns, medium intensity obstacle lights, type C, shall be used alone, and medium intensity obstacle lights, type B, shall be used either alone or in combination with low intensity obstacle lights, type B.

    (4) Where an object is indicated by medium intensity obstacle lights, type A, additional lights shall be provided at intermediate levels and the additional lights shall be spaced as equally as practicable, between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 105 m.

    (5) Where an object is indicated by medium intensity obstacle lights, type B, additional lights shall be provided at intermediate levels.

    (6) The additional lights referred to in subregulation (5) shall be alternately low-intensity obstacle lights, type B and medium-intensity obstacle lights, type B, and shall be spaced as equally as practicable between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 52 m.

    (7) Where an object is indicated by medium intensity obstacle lights, type C, additional lights shall be provided at intermediate levels and the additional lights shall be spaced as equally as practicable, between the top lights and ground level or the level of tops of nearby buildings, as appropriate, with the spacing not exceeding 52 m.

    (8) The lighting of an object shall be as set in Table S8-1-8 in Schedule 8.

193.    Marking of wind turbines

    (1) A wind turbine shall be marked or lit if the Authority determines that the wind turbine is an obstacle.

    (2) The rotor blades, nacelle and upper 2/3 of the supporting mast of wind turbines shall be painted white, unless otherwise indicated by an aeronautical study.

194.    Lighting of wind turbines

    (1) A medium intensity obstacle light shall be used at night, in bad weather and in a wind farm and shall be installed—

    (a)    to identify the perimeter of the wind farm;

    (b)    in accordance with the maximum spacing between the lights along the perimeter, unless a dedicated assessment shows that a greater spacing can be used; and

    (c)    to ensure that where flashing lights are used, they flash simultaneously.

    (2) Where the light referred to in subregulation (1) is used in a wind farm, the light shall be regarded as an obstacle and any wind turbines of significantly higher elevation are also identified wherever they are located.

    (3) The obstacle lights shall be installed on the nacelle in such a manner as to provide an unobstructed view for aircraft approaching from any direction.

195.    Marking of overhead wires, cables and supporting towers

    (1) The wires, and cables to be marked shall be equipped with markers and the supporting tower shall be coloured.

    (2) The supporting towers of overhead wires, and cables that require marking shall be marked in accordance with Part X of these Regulations, except that the marking of the wires, and cables may be omitted when the wires and cables are lit by high intensity obstacle lights by day.

    (3) A marker displayed on or adjacent to objects shall be in conspicuous positions so as to retain the general definition of the object and shall be recognisable in clear weather from a distance of at least 1 000 m for an object to be viewed from the air and 300 m for an object to be viewed from the ground in all directions in which an aircraft is likely to approach the object.

    (4) Subject to subregulation (3), the shape of markers shall be distinctive to ensure that they are not mistaken for markers employed to convey other information, and they shall be such that the hazard presented by the object they mark is not increased.

    (5) A marker displayed on an overhead wire, and cable shall be spherical and have a diameter of not less than 60 cm.

    (6) The spacing between two consecutive markers or between a marker and a supporting tower shall be appropriate to the diameter of the marker, but in no case shall the spacing exceed—

    (a)    30 m where the marker diameter is 60 cm progressively increasing with the diameter of the marker;

    (b)    35 m where the marker diameter is 80 cm and further progressively increasing; and

    (c)    40 m where the marker diameter is of at least 130 cm,

and where multiple wires, cables, etc., are involved, a marker shall be located not lower than the level of the highest wire at the point marked.

    (7) A marker shall be—

    (a)    white and red; or

    (b)    white and orange; and

    (c)    displayed alternately,

and the colour selected shall contrast with the background against which it will be seen.

    (8) Where the Authority has determined that an overhead wire or cable needs to be marked but it is not practicable to install markers on the wire, or cable, then high intensity obstacle lights, type B, shall be provided on their supporting towers.

196.    Lighting of overhead wires, cables, and supporting towers

    (1) A high intensity obstacle light, type B, shall be used to indicate the presence of a tower supporting overhead wires or cables, where—

    (a)    an aeronautical study indicates such lights to be essential for the recognition of the presence of wires or cables; or

    (b)    it has not been found practicable to install markers on the wires or cables.

    (2) Where high intensity obstacle lights, type B, are used, they shall be located at three levels—

    (a)    at the top of the tower;

    (b)    at the lowest level of the catenary of the wires or cables; and

    (c)    at approximately midway between the levels at (a) and (b), and in some cases, this may require locating the lights off the tower.

    (3) A high intensity obstacle light, type B, indicating the presence of a tower supporting overhead wires or cables, shall flash sequentially, first the middle light, second the top light and last, the bottom light, and the intervals between flashes of the lights shall approximate the following ratios—

Flash interval between

Ratio of cycle timemiddle and top light1/13top and bottom light2/13bottom and middle light10/13and where high intensity obstacle lights are intended for day use as well as for night use, care shall be taken to ensure that these lights do not create disconcerting dazzle.

    (4) A dual obstacle lighting system shall be provided where within approximately 10 000 m radius of an aerodrome, pilots may be dazzled or cause significant environmental concerns.

    (5) The dual obstacle lighting system required by subregulation (4) shall be composed of high intensity obstacle lights, type B, for daytime and twilight use and medium intensity obstacle lights, type B, for night time use and where medium intensity lights are used they shall be installed at the same level as the high intensity obstacle lights, type B.

    (6) The installation setting angles for high intensity obstacle lights, type B, shall be in accordance with Table S9-2 in Schedule 9.

    (7) Where, in the opinion of the Authority, the use of high intensity obstacle lights, type B, shall, be used to indicate the presence of tower supporting wires and cables including other obstacles.

PART XI
Visual Aids for Denoting Restricted Use Areas (regs 197-201)

197.    Marking of restricted use areas

    An operator shall—

    (a)    ensure that restricted areas are marked restricted use in a manner that is visible to aircraft operating on the ground and in the air areas; and

    (b)    adhere to visual aids requirements prescribed in these Regulations so as to ensure that aircraft operations can be conducted safely on the aerodrome.

198.    Marking and lighting of closed runways and taxiways, or parts thereof

    (1) A closed marking shall be displayed on a—

    (a)    runway or taxiway, or portion thereof, which is permanently closed to the use of all aircraft; and

    (b)    temporarily closed runway or taxiway or portion thereof, except that such marking may be omitted when the closing is less than three days long and adequate warning by air traffic services is provided.

    (2) A closed marking on a runway, shall be placed at each end of the runway, or portion thereof, declared closed, and additional markings shall placed at the maximum interval between markings so as not to exceed 300 m and on a taxiway, a closed marking shall be placed at least at each end of the taxiway or portion thereof closed.

    (3) The closed marking shall be—

    (a)    of the form and proportions as set out in Figure S1-41, illustration a, in Schedule 1, when displayed on a runway;

    (b)    of the form and proportions as set out in Figure S1-41 illustration b, in Schedule 1, when displayed on a taxiway;

    (c)    white when displayed on a runway; and

    (d)    yellow when displayed on a taxiway.

    (4) Where an area is temporarily closed, frangible barriers or markings utilising materials other than paint or other suitable means may be used to identify the closed area.

    (5) Where a runway or taxiway or portion thereof is permanently closed, all normal runway and taxiway markings shall be obliterated.

    (6) Where a runway or taxiway or portion thereof is closed, lighting shall not be operated, except as required for maintenance purposes.

    (7) Where a runway or taxiway or portion thereof closed is intercepted by a usable runway or taxiway which is used at night, unserviceability lights shall be placed across the entrance to the closed area at intervals not exceeding 3 m, in addition to closed markings.

199.    Marking of non-load bearing surfaces

    A boundary shall be provided between the load bearing surface marked by a taxi side stripe marking and shoulders for taxiways, holding bays and aprons and other non-load-bearings surfaces, which cannot readily be distinguished from load bearing surfaces and which, if used by aircraft, might result in damage to the aircraft.

200.    Marking of pre-threshold areas

    (1) Where a surface before a threshold is paved and exceeds 60 m in length and is not suitable for normal use by aircraft, the entire length before the threshold shall be marked with a chevron marking.

    (2) A chevron marking shall—

    (a)    point in the direction of the runway and be placed as set out in Figure S1-42 of Schedule 1;

    (b)    be of conspicuous colour and contrast with the colour used for the runway markings; it shall preferably be yellow; and

    (c)    have an overall width of at least 0.9 m.

201.    Marking and lighting of unserviceable areas

    (1) An unserviceability marker shall be displayed—

    (a)    wherever any portion of a taxiway, apron or holding bay is unfit for the movement of aircraft but it is still possible for aircraft to bypass the area safely; and

    (b)    at the entrances to a permanently or temporarily closed runway or taxiway, or part thereof and on a movement area used at night, unserviceability lights shall be used.

    (2) An unserviceability marker and lights shall be placed at intervals sufficiently close so as to delineate the unserviceable area.

    (3) An unserviceability marker shall consist of—

    (a)    conspicuous upstanding devices such as flags, cones or marker boards; and

    (b)    a red fixed light and the light shall have intensity sufficient to ensure conspicuity considering the intensity sufficient to ensure conspicuity considering the intensity of the adjacent lights and the general level of illumination against which it would normally be viewed and in no case shall the intensity be less than 10 cd of red light.

    (4) An unserviceability cone shall be at least 0.5 m in height and red, orange or yellow or any one of these colours in combination with white.

    (5) An unserviceability flag shall be at least 0.5 m square and red, orange or yellow or any one of these colours in combination with white.

    (6) An unserviceability marker board shall be at least 0.5 m in height and 0.9 m in length, with alternate red and white or orange and white vertical stripes.

PART XII
Aerodrome Operational Services, Equipment, Installations and Facilities (regs 202-233)

202.    Immigration, customs and excise aerodromes

    The Authority may, in consultation with the authorities responsible for immigration, customs and excise, notify, of any aerodrome which is introduced as, or ceases to be a place for landing or departure of aircraft for purposes of the laws relating to immigration, customs and excise.

203.    Supply of aviation fuel to aircraft

    (1) An operator of an aviation fuel installation at an aerodrome shall not cause or permit any aviation fuel to be delivered or extracted from that installation to an aircraft unless—

    (a)    when the aviation fuel is delivered to the installation, the operator of the aviation fuel installation is satisfied that—

        (i)    the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in an aircraft,

        (ii)    the installation is marked in an appropriate manner to the grade of the fuel stored or where different grades are stored in different parts, that each part is so marked, and

        (iii)    in the case of delivery into the installation or part of the installation from a vehicle or vessel, the fuel has been sampled and is of the grade appropriate to that installation or part of the installation as the case may be and is fit for use in an aircraft; and

    (b)    where aviation fuel is dispensed from the installation, the operator of the aviation fuel installation is satisfied after sampling, that the fuel is fit for use in an aircraft.

    (2) A person shall not cause or permit aviation fuel to be dispensed for use in an aircraft where that person knows or has reason to believe that the aviation fuel is not fit for use in an aircraft.

    (3) An operator of an aviation fuel installation shall—

    (a)    not supply fuel to an aircraft except at a place and in a manner approved by the operator, on an aerodrome;

    (b)    keep a written record in respect of each installation managed by that operator;

    (c)    preserve the written record for a period of 12 months or such longer period as the Authority may determine; and

    (d)    within a reasonable time, after being requested to do so by an authorised person, produce the record to that authorised person.

    (4) An operator may subject to the approval granted under subregulation (3), ensure compliance with any conditions as the operator may impose, in order to safeguard persons or property on the ground.

    (5) The record in subregulation (3)(b), shall include—

    (a)    particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

    (b)    particulars of all samples taken of the aviation fuel and of the results of the tests of those samples; and

    (c)    particulars of the maintenance and cleaning of the installation.

    (6) The Authority or an authorised person may, where it appears to the Authority or to that authorised person that aviation fuel is intended or likely to be delivered in contravention of this regulation, direct the operator of an aviation fuel installation to not permit aviation fuel to be dispensed from that installation until the direction is revoked by the Authority or that authorised person.

    (7) For the purpose of this regulation—

    "aviation fuel" means fuel intended for use in an aircraft; and

    "aviation fuel installation" means any apparatus or container, including a vehicle designed, manufactured or adapted for the storage of aviation fuel or for the delivery of fuel to an aircraft.

204.    Aerodrome emergency planning

    (1) An operator shall establish an aerodrome emergency plan at the aerodrome, which shall be commensurate with the aircraft operations and other activities conducted at the aerodrome.

    (2) An aerodrome emergency plan shall—

    (a)    set forth the procedures for co-ordinating the response of different aerodrome agencies and services and of agencies in the surrounding community that could be of assistance in responding to an emergency;

    (b)    provide for the co-ordination of the actions to be taken in the event of an emergency occurring at the aerodrome or in its vicinity; and

    (c)    include—

        (i)    the types of emergencies planned for,

        (ii)    agencies to be involved in the plan,

        (iii)    the responsibility and role of each agency, the emergency operation centre and the command post for each type of emergency,

        (iv)    names and contacts of offices or people to be contacted in the case of a particular emergency, and

        (v)    a grid map of the aerodrome and its immediate vicinity.

    (3) An aerodrome emergency shall include—

    (a)    aircraft emergencies;

    (b)    sabotage including bomb threats;

    (c)    unlawfully seizure of aircraft;

    (d)    dangerous goods occurrences;

    (e)    building fires;

    (f)    natural disasters; and

    (g)    public health emergencies.

    (4) Subject to subregulation (3)(e), public health emergencies shall include—

    (a)    increased risk of travellers or cargo spreading a serious communicable disease internationally through air transport; and

    (b)    severe outbreak of a communicable disease potentially affecting a large proportion of aerodrome staff.

    (5) An emergency plan shall provide for the response and participation of all agencies whose assistance is required in the event of an emergency, including—

    (a)    at an aerodrome—

        (i)    air traffic control unit,

        (ii)    rescue and firefighting services,

        (iii)    aerodrome administration,

        (iv)    medical and ambulance services,

        (v)    aircraft operators,

        (vi)    security services, and

        (vii)    airport police unit; and

    (b)    outside the aerodromes—

        (i)    fire departments,

        (ii)    police services,

        (iii)    health authorities including medical, ambulance services, hospitals and public health service,

        (iv)    the military forces, and

        (v)    harbour patrol or coast guard.

    (6) The public health services shall include planning to minimise adverse effects to the community from health-related events and deal with population health issues rather than provision of health services to individuals.

    (7) An emergency plan shall provide for co-operation and co-ordination with the rescue co-ordination centre as necessary.

    (8) The operator shall, in developing an aerodrome emergency plan, take into consideration the human factor principles to ensure optimum response by all existing agencies participating in the emergency operations.

    (9) This regulation applies to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10.

    (10) This regulation may apply to aerodromes in categories H and 3 where deemed necessary by the Authority.

    (11) This regulation shall not apply to aerodromes in category 1 and registered aerodromes.

205.    Emergency planning committee

    (1) An operator shall form an emergency planning committee to discuss, determine and implement emergency planning arrangements commensurate with the size and type of aircraft that use the aerodrome.

    (2) This regulation applies to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10.

    (3) This regulation may apply to an aerodrome in category H where deemed necessary by the Authority.

    (4) This regulation shall not apply to aerodromes in category 1, and registered aerodromes.

206.    Emergency operations centre and command post

    (1) An operator shall ensure that—

    (a)    a fixed emergency operations centre and a mobile command post are available for use during an emergency;

    (b)    a person is assigned to assume control of the emergency operations centre and, where appropriate, assigned another person the mobile command post; and

    (c)    adequate communication systems linking the command post and the emergency operations’ centre with each other and with the participating agencies are provided in accordance with the plan and are consistent with the particular requirements of the aerodrome.

    (2) The emergency operations' centre shall be a part of the aerodrome facilities and shall be responsible for the overall co-ordination and general direction of the response to an emergency.

    (3) The command post shall be a facility capable of being moved rapidly to the site of an emergency, when required, and shall undertake the local co-ordination of those agencies responding to the emergency.

    (4) This regulation applies to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10.

    (5) This regulation may apply to an aerodrome in category H where deemed necessary by the Authority.

207.    Aerodrome emergency exercise

    (1) The aerodrome emergency plan shall contain procedures for periodic testing of the adequacy of the plan and for reviewing the results in order to improve its effectiveness and shall include all participating agencies and associated equipment.

    (2) The aerodrome emergency plan required by subregulation (1) shall be tested by conducting—

    (a)    a full scale aerodrome emergency exercise at intervals not exceeding two years and partial emergency exercises in the intervening year to ensure that any deficiencies found during the full scale aerodrome emergency exercise have been corrected;

    (b)    a series of modular tests commencing in the first year and concluding in a full scale aerodrome emergency exercise at intervals not exceeding three years; and reviewed thereafter, or after an actual emergency, so as to correct any deficiency found during such exercises or actual emergency; or

    (c)    contingency plan exercises in accordance with the Civil Aviation (Security) Regulations (Cap. 71:01 (Sub. Leg.)).

    (3) The purpose of a full-scale exercise shall be to ensure the adequacy of the plan to cope with different types of emergencies.

    (4) The purpose of a partial exercise shall be to ensure the adequacy of the response to individual participating agencies and components of the plan, such as the communications system.

    (5) The purpose of modular tests shall be to enable concentrated effort on specific components of established emergency plans.

    (6) This regulation applies to aerodromes in categories 2, 3, 4, 5, 6, 7, 8, 9 and 10.

    (7) This regulation may apply to an aerodrome in category H where deemed necessary by the Authority.

208.    Emergencies in difficult environment

    (1) The aerodrome emergency plan shall include the ready availability of and co-ordination with appropriate specialist rescue services to be able to respond to emergencies where an aerodrome is located close to water or swampy areas and where a significant portion of approach or departure operations takes place over water or swampy areas.

    (2) An aerodrome located close to a water body, a swampy area, or difficult terrain, the aerodrome emergency plan shall include the establishment, testing and assessment at regular intervals of a pre-determined response for the specialist rescue services.

    (3) An assessment of the approach and departure areas within 1 000 m of the runway threshold shall be carried out to determine the options available for intervention.

    (4) This regulation applies to aerodromes in categories, 3, 4, 5, 6, 7, 8, 9 and 10.

    (5) This regulation may apply to an aerodrome in category H where deemed necessary by the Authority.

    (6) This regulation shall not apply to aerodromes in categories 1, 2 and registered aerodromes.

209.    Establishment of aerodrome rescue and firefighting services

    (1) An operator shall put in place rescue and firefighting of aerodrome equipment and services commensurate with the category of the aerodrome.

    (2) A public or private organisation, suitably located and equipped, may be designated to provide the rescue and firefighting service and where designated the fire station housing the organisations shall where possible be located on the aerodrome, although an off-aerodrome location is not precluded provided the response time can be met.

    (3) Where an aerodrome is located close to a water body, a swampy area or difficult terrain and where a significant portion of approach or departure operations takes place over such an area, specialist rescue services and firefighting equipment appropriate to the hazard and risk shall be made available.

    (4) Subject to subregulation (3), an operator shall plan and deploy the necessary life saving flotation equipment as expeditiously as possible in a number commensurate with the largest aeroplane normally using the aerodrome.

    (5) These Regulations shall apply to aerodromes in categories 3, 4, 5, 6, 7, 8, 9 and 10.

    (6) The Authority may specify alternative means of compliance with this regulation for aerodromes in category H.

210.    Determination of aerodrome rescue and firefighting category

    (1) The aerodrome rescue and firefighting services category of an aerodrome shall be determined using Table S1-18 of Schedule 1 to and shall be based on the longest aircraft that normally uses the firefighting category aerodrome, and its fuselage width.

    (2) Where, after selecting the aerodrome category appropriate to the longest aeroplane’s overall length, that aeroplane’s fuselage width is found to be greater than the maximum width in Table S1-18 column 3 of Schedule 1, for that category, then the category for that aeroplane shall be one category higher.

211.    Level of protection for rescue and firefighting services

    (1) An operator shall provide an appropriate level of protection commensurate with the rescue and firefighting category as set out in Table 1-18 of Schedule I.

    (2) The level of protection provided at an aerodrome for rescue and firefighting shall be appropriate to the aerodrome category except that, where the number of movements of the aeroplanes in the highest category normally using the aerodrome is less than 700 in the busiest consecutive three months, the level of protection provided shall be not less than one category below the determined category.

    (3) Where there is an anticipated period of reduced activity, the level of protection available shall be no less than that needed for the highest category of aeroplane planned to use the aerodrome during that time irrespective of the number of movements.

    (4) The principal and complementary agents shall be provided at an aerodrome.

    (5) The principal extinguishing agent shall be a—

    (a)    foam meeting the minimum performance level A; or

    (b)    foam meeting the minimum performance level B; or

    (c)    foam meeting the minimum performance level C; or

    (d)    combination of these agents,

except that the principal extinguishing agent for aerodromes in categories 1 to 3 shall preferably meet the minimum performance level B or C foam.

    (6) The complementary extinguishing agent shall be a dry chemical powder suitable for extinguishing hydrocarbon fires, and care must be taken to ensure compatibility when selecting dry chemical powder for use with foam; and alternate complementary agents having equivalent firefighting capability may be utilised.

    (7) The amounts of water for foam production and the complementary agents to be provided on the rescue and firefighting vehicles shall be in accordance with the aerodrome category as set out in Table S1-19 of Schedule 1.

    (8) A kilogram of a complementary agent shall be taken as equivalent to a litre of water for production of a foam meeting performance level A, for the purpose of agent substitution.

    (9) The amounts of water specified for foam production shall be predicated on an application rate of 8.2 L/min/m2 for a foam meeting performance level A, 5.5 L/min/m2 for a foam meeting performance level B and 3.75 L/min/m2 for a foam meeting performance level C; and where any other complementary agent is used, the substitution ratios shall be checked.

    (10) An aerodrome with a firefighting category 1 and a registered aerodrome, shall require up to a 100 per cent of water.

    (11) Subject to subregulation (10) the water maybe replaced by a complementary agent.

    (12) An aerodromes where operations by aeroplanes larger than the average size in a given category are planned, the quantities of water shall be recalculated and the amount of water for foam production and the discharge rates for foam solution shall be increased accordingly.

    (13) The quantity of foam concentrates separately provided on vehicles for foam production shall be in proportion to the quantity of water provided and the foam concentrate selected.

    (14) The amount of foam concentrate provided on a vehicle shall be sufficient to produce at least two loads of foam solution.

    (15) The operator shall install fire hydrants, maintain serviceability requirements and ensure constant supply of water at an aerodrome with cargo and passenger terminals.

    (16) A supplementary water supply shall be provided, for the expeditious replenishment of rescue and firefighting vehicles at the scene of an aircraft accident.

    (17) The total amount of water to be provided for foam production where a combination of different performance level foams are provided at an aerodrome shall be calculated for each foam type and the distribution of these quantities shall be documented for each vehicle and applied to the overall rescue and firefighting equipment.

    (18) The complementary agents shall comply with the appropriate specifications of the International Organisation for Standardisation (ISO 7202 (Powder)).

    (19) The discharge rate of the foam solution and of complementary agents shall be no less than the values set out in Table S1-19 in Schedule 1.

    (20) The discharge rate of complementary agents shall be no less than the values set out in Table S1-19 in Schedule 1.

    (21) A dry chemical powder shall only be substituted with an agent that has equivalent or better firefighting capabilities for all types of fires where a complementary agent is expected to be used.

    (22) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

    (23) This regulation may apply to aerodromes in categories 3 and H where deemed necessary by the Authority.

212.    Provision of reserve supplies of water and foam for firefighting vehicles

    (1) A reserve supply of foam concentrate, equivalent to 200 per cent of the quantities set out in Table S1-19 in Schedule 1, shall be maintained on the aerodrome for vehicle replenishment purposes and foam concentrate carried on fire vehicles in excess of the quantities set out in Table S1-19 in Schedule 1, shall be considered to contribute to the reserve.

    (2) A reserve supply of complementary agent, equivalent to 100 per cent of the quantity set out in Table S1-19 of Schedule 1, shall be maintained on the aerodrome for vehicle replenishment purposes and propellant gas shall be included to utilise this reserve complementary agent.

    (3) A category 1 and 2 aerodrome that has replaced up to 100 per cent of the water with a complementary agent shall hold a reserve supply of a complementary agent of 200 per cent.

    (4) Where a major delay in the replenishment of the supplies is anticipated, the amount of reserve supply required by subregulations (1), (2) and (3) shall be increased as determined by a risk assessment.

    (5) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

    (6) This regulation may apply to aerodromes in categories 2, 3 and H where deemed necessary by the Authority.

213.    Rescue equipment

    (1) An operator shall ensure that rescue equipment commensurate with the level of aircraft operations are provided on the rescue and firefighting vehicles.

    (2) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

    (3) This regulation may apply to aerodromes in categories 2, 3 and H where deemed necessary by the Authority.

214.    Response time for rescue and firefighting services

    (1) The operational objective of the rescue and firefighting service shall be to achieve a response time not exceeding three minutes to any—

    (a)    point of each operational runway in optimum visibility and surface conditions; and

    (b)    other part of the movement area in optimum visibility and surface conditions.

    (2) For the purpose of these Regulations—

    (a)    "response time" means the time between the initial call to the rescue and firefighting service, and the time when the first responding vehicle is in position to apply foam at a rate of at least 50 per cent of the discharge rate specified in Table S1-19 in Schedule 1; and

    (b)    "optimum visibility" and "surface conditions" means daytime, good visibility, no precipitation with normal response route free of surface contamination such as water.

    (3) An operator shall provide guidance, equipment and procedures for rescue and firefighting services to meet the operational objectives in less than optimum conditions of visibility, especially during low visibility operations.

    (4) A vehicle, other than the first responding vehicle, required to deliver the amounts of extinguishing agents set out in Table S1-19 in Schedule 1, shall ensure continuous agent application, and shall arrive no more than four minutes from the initial call.

    (5) A system of preventive maintenance of rescue and firefighting vehicles shall be employed to ensure effectiveness of the equipment and compliance with the specified response time throughout the life of the vehicle.

    (6) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

    (7) This regulation may apply to aerodromes in categories 2, 3 and H where deemed necessary by the Authority.

    (8) This regulation shall not apply to aerodromes in categories 0, 1 and registered aerodromes.

215.    Establishment of emergency access roads

    (1) An emergency access road shall be provided on an aerodrome where terrain conditions permit their construction, so as to facilitate achieving minimum response times.

    (2) The provision of ready access to approach areas up to 1 000 m from the threshold, or at least within the aerodrome boundary shall be given particular attention and where a fence is provided, the need for convenient access to outside areas shall be taken into account.

    (3) An aerodrome service road may serve as an emergency access road when they are suitably located and constructed.

    (4) An emergency access road shall be capable of supporting the heaviest vehicles which will use them, and be usable in all weather conditions.

    (5) A road within 90 m of a runway shall be surfaced to prevent surface erosion and the transfer of debris to the runway and sufficient vertical clearance shall be provided from overhead obstructions for the largest vehicles.

    (6) Where the surface of the road is indistinguishable from the surrounding area, edge markers shall be placed at intervals of about 10 m.

    (7) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9, and 10.

216.    Rescue and firefighting service stations

    (1) A rescue and firefighting vehicle shall be housed in a fire station.

    (2) A satellite fire station shall be provided where the response time cannot be achieved from a single fire station.

    (3) The fire station referred to in subregulation (1) shall be located so that the access for rescue and firefighting vehicles into the runway area is direct and clear, requiring a minimum number of turns.

    (4) This regulation applies to aerodromes categories 4, 5, 6, 7, 8, 9, 10 and to aerodromes in categories 2 and 3 where deemed necessary by the Authority.

217.    Provision of communication and alerting systems for rescue and firefighting service

    (1) An operator shall provide a discreet communication system linking a fire station with the control tower, any other, fire station on the aerodrome and the rescue and firefighting vehicles.

    (2) A system used for alerting rescue and firefighting personnel, capable of being operated from a fire station, shall be provided at a fire station, any other fire station on the aerodrome and at the aerodrome control tower.

    (3) A system used for monitoring rescue and firefighting service, capable of relaying information to the watch room attendant at a watch office and a direct contact line to watch office capable of being dialed to pass emergency information shall be provided.

    (4) This regulation applies to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

    (5) This regulation shall apply to aerodromes in categories 2 and 3 where deemed necessary by the Authority.

218.    Minimum number of rescue and firefighting vehicles

    The minimum number of rescue and firefighting vehicles provided at an aerodrome shall be in accordance with Table S1-20 in Schedule 1.

219.    Requirements for rescue and firefighting personnel

    (1) An operator shall carry out a task resource analysis to determine the minimum number of rescue and firefighting personnel required at the aerodrome, and shall document in the Aerodrome Manual, the level of staffing.

    (2) An operator shall ensure that all rescue and firefighting personnel—

    (a)    are properly trained to perform their duties in an efficient manner; and

    (b)    participate in live fire drills commensurate with the types of aircraft and type of rescue and firefighting equipment in use at the aerodrome, including pressure-fed fuel fires.

    (3) For the purpose of these Regulations, "pressure-fed fuel fires" means fires associated with fuel discharge under very high pressure from a ruptured fuel tank.

    (4) The rescue and firefighting personnel training programme shall—

    (a)    be as determined by the Authority and shall include training in human performance, human factors including team co-ordination, initial, advanced, recurrent, Inter Personal Proficiency Tests (IPPT) and on-the-job training; and

    (b)    cover all the areas required for personnel performing duties at the aerodrome.

    (5) A trained and competent personnel shall be designated, during flight operations, to be readily available to ride the rescue and firefighting vehicles and to operate the equipment at maximum capacity.

    (6) The rescue and firefighting personnel shall be deployed in a way that ensures that minimum response times can be achieved and that continuous agent application at the appropriate rate can be fully maintained, taking into account, the need for the personnel to use hand lines, ladders and other rescue and firefighting equipment normally associated with aircraft rescue and firefighting operations.

    (7) The responding rescue and firefighting personnel shall be provided with protective clothing and respiratory equipment to enable them to perform their duties in an effective manner including—

    (a)    helmets;

    (b)    proximity suits;

    (c)    boots; and

    (d)    gloves.

    (8) This regulation shall apply to aerodromes in categories 4, 5, 6, 7, 8, 9, 10 and to category 2, 3 and H where deemed necessary by the Authority.

220.    Removal of disabled aircrafts

    (1) An operator shall have in place a plan for the removal of an aircraft disabled on, or adjacent to, the movement area and shall designate a co-ordinator to implement the plan when necessary.

    (2) The disabled aircraft removal plan shall be based on the characteristics of the aircraft that may be expected to operate at the aerodrome, and include among other things—

    (a)    a list of equipment and personnel on, or in the vicinity of, the aerodrome which would be available for such purpose;

    (b)    arrangement for the rapid receipt of aircraft recovery equipment kits from other aerodromes, where applicable; and

    (c)    the name and contacts of the co-ordinator designated to implement the plan.

    (3) The plan under this regulation shall include particulars of the procedures for removing a disabled aircraft on the movement area or adjacent to it.

    (4) This regulation shall not apply to aerodromes in categories B and C unless otherwise specified by the Authority.

221.    Apron management service

    (1) An appropriate apron management service shall be provided on an apron by an aerodrome air traffic service unit, by the aerodrome operating authority, or by a co-operative combination of these, where warranted by the volume of traffic and operating conditions in order to—

    (a)    regulate movement with the objective of preventing collisions between aircraft, and between aircraft and obstacles;

    (b)    regulate entry of aircraft into, and co-ordinate exit of aircraft from, the apron with the aerodrome control tower; and

    (c)    ensure safe and expeditious movement of vehicles and appropriate regulation of other activities.

    (2) Where the aerodrome control tower does not participate in the apron management service, procedures shall be established to facilitate the orderly transition of aircraft between the apron management unit and the aerodrome control tower.

    (3) An operator shall ensure that, where an apron management service is established, radio telephony communication facilities are provided.

    (4) Where low visibility procedures are in effect, persons and vehicles operating in the apron shall be restricted to the essential minimum.

    (5) An emergency vehicle responding to an emergency shall have priority over all other surface movement traffic.

    (6) A vehicle operating on an apron shall give way to—

    (a)    an emergency vehicle;

    (b)    an aircraft—

        (i)    taxiing,

        (ii)    about to taxi, or

        (iii)    being pushed or towed; and

    (c)    other vehicles in accordance with the Road Traffic Act.

    (7) An aircraft stand shall be visually monitored to ensure that the recommended clearance distances are provided to an aircraft using the stand.

    (8) This regulation does not apply to aerodromes in categories 0, 1, 2, 3 and registered unless otherwise deemed necessary by the Authority.

222.    Ground servicing of aircrafts

    (1) An operator shall ensure that fire extinguishing equipment, suitable for at least the initial intervention in the event of a fuel fire, is readily available during the ground servicing of an aircraft, and that there is means of quickly summoning the rescue and firefighting service in the event of a fire or major fuel spill.

    (2) An operator shall ensure that, when aircraft refuelling operations take place while passengers are on board, embarking or disembarking, ground equipment are positioned in a manner that allows—

    (a)    the use of exits for expeditious evacuation; and

    (b)    a ready escape route from each of the exits to be used in an emergency.

223.    Aerodrome vehicle operation

    (1) A person shall not operate a vehicle on—

    (a)    the manoeuvring area at an aerodrome where air traffic service is provided, except where authorised by the aerodrome control tower; and

    (b)    an apron of an aerodrome except where authorised by an operator.

    (2) A vehicle operating on the movement area shall have a rotating beacon.

    (3) A driver of a vehicle on the movement area shall comply with all mandatory instructions conveyed by—

    (a)    markings and signs, where the vehicle is on the manoeuvring area, except where the driver is authorised by the—

        (i)    aerodrome control tower, and

        (ii)    appropriate designated authority on an apron only; and

    (b)    lights and instructions issued by the aerodrome control tower where the vehicle is on the manoeuvring area or by the appropriate designated authority, where the vehicle is on an apron.

    (4) A driver of a vehicle on the movement area shall be trained for the tasks to be performed.

    (5) A driver of a radio-equipped vehicle shall establish two-way radio communication with the aerodrome control tower before entering the manoeuvring area and with the appropriate designated authority before entering the apron and shall maintain a continuous listening watch on the assigned frequency while on the movement area.

224.    Surface movement guidance and control systems

    (1) A surface movement guidance and control system shall be provided at an aerodrome.

    (2) The design of a surface movement guidance and control system provided at an aerodrome shall take into account the—

    (a)    density of air traffic;

    (b)    visibility conditions under which operations are intended;

    (c)    need for pilot orientation;

    (d)    complexity of the aerodrome layout; and

    (e)    movement of vehicles.

    (3) The visual aid components of a surface movement guidance and control system, that is, markings, lights and signs, shall be designed to conform to Parts VIII and IX of these Regulations.

    (4) A surface movement guidance and control system shall be designed to assist in the prevention of inadvertent incursions of aircraft and vehicles onto an active runway.

    (5) The surface movement guidance and control system shall be designed to assist in the prevention of collisions between aircraft, and between aircraft and vehicles or objects, on any part of the movement area.

    (6) Where a surface movement guidance and control system is provided by selective switching of stop bars and taxiway centreline lights, the following requirements shall be met—

    (a)    taxiway routes which are indicated by illuminated taxiway centreline lights shall be capable of being terminated by an illuminated stop bar;

    (b)    the control circuits shall be so arranged that when a stop bar located ahead of an aircraft is illuminated, the appropriate section of taxiway centreline lights beyond it is suppressed; and

    (c)    the taxiway centreline lights are activated ahead of an aircraft when the stop bar is suppressed.

    (7) A surface movement radar for the manoeuvring area shall be provided at an aerodrome intended for use in Runway Visual Range conditions less than a value of 350 m.

    (8) A surface movement radar for the manoeuvring area shall be provided at an aerodrome other than that in subregulation (7) when traffic density and operating conditions are such that regularity of traffic flow cannot be maintained by alternative procedures and facilities.

    (9) This regulation shall apply to aerodromes in categories 4, 5, 6, 7, 8, 9 and 10.

225.    Siting of equipment and installations on operational areas

    (1) An installation or equipment shall, unless its function requires it to be there for air navigation or for aircraft safety purposes be—

    (a)    on a runway strip, a Runway End Safety Area, a taxiway strip or within the distances specified in Table S1-3, column 11 in Schedule 1, if it would endanger an aircraft; or

    (b)    on a clearway if it would endanger an aircraft in the air.

    (2) Any equipment or installation required for air navigation or for aircraft safety purposes shall be frangible, mounted as low as possible and located on a—

    (a)    portion of a runway strip within 240 m from the end of the strip and penetrates the inner approach surface, the inner transitional surface or the balked landing surface;

    (b)    Runway End Safety Area, a taxiway strip or within the distances set out in Table S1-3 of Schedule 1; or

    (c)    clearway and which would endanger an aircraft in the air.

    (3) Any installation or equipment required for air navigation or for aircraft safety purposes which must be located on the non-graded portion of a runway strip shall be regarded as an obstacle and shall be frangible and mounted as low as possible.

    (4) An installation or equipment shall not be located within 240 m from the end of the strip unless its function requires it to be there for air navigation or for aircraft safety purposes and within—

    (a)    60 m of the extended centreline where the code number is 3 or 4; or

    (b)    45 m of the extended centreline where the code number is 1 or 2, of a precision approach runway category I, II or III.

    (5) Any equipment or installation required for air navigation or for aircraft safety purposes which must be located on or near a strip of a precision approach runway category I, II or III and—

    (a)    is situated on a portion of the strip within 77.5 m of the runway centreline where the code number is 4 and the code letter is F; or

    (b)    is situated within 240 m from the end of the strip and within—

        (i)    60 m of the extended runway centreline where the code number is 3 or 4, or

        (ii)    45 m of the extended runway centreline where the code number is 1 or 2; and

    (c)    penetrates the inner approach surface, the inner transitional surface or the balked landing surface,

shall be frangible and mounted as low as possible.

    (6) Any equipment or installation required for air navigation or for aircraft safety purposes which is an obstacle of operational significance shall be frangible and mounted as low as possible.

226.    Location, construction and installation of equipment on operational areas

    (1) A person shall not construct or install equipment or any installation on a runway strip, a Runway End Safety Area, a taxiway strip, a clearway or within any distances determined by the Authority, where the construction or the equipment may endanger the safety of an aircraft, except for purposes of air navigation or for aircraft safety.

    (2) Where any equipment or installation required for air navigation or for aircraft safety purposes is to be located on a portion of a runway strip or on a Runway End Safety Area, a taxiway strip or within any distances determined by the Authority, the equipment or installation shall be frangible and mounted as low as possible in accordance with Part VI of these Regulations.

227.    Fencing of aerodromes and installations

    (1) An operator of an aerodrome shall provide a fence or a suitable barrier on the aerodrome—

    (a)    to prevent the entrance into the movement area, of any animals likely to be a hazard to aircraft; and

    (b)    to deter the inadvertent or premeditated access of an unauthorised person onto a non-public area of the aerodrome.

    (2) An operator shall provide suitable means of protection for an aerodrome to deter the inadvertent or premeditated access of unauthorised persons into ground installations and facilities essential for the safe operation of aircraft.

    (3) The fence or barrier required under subregulation (1) shall be located so as to separate the movement area and other facilities or zones on the aerodrome which are vital to the safe operation of aircraft from areas open to public use.

    (4) Where greater security is needed, a cleared area shall be provided on both sides of the fence or barrier to facilitate the work of patrols and to make trespassing more difficult and provision for a perimeter road along the aerodrome fencing for the use of both maintenance personnel and security patrols may be made.

    (5) This regulation applies to aerodromes in categories 3, 4, 5, 6, 7, 8, 9 and 10.

228.    Security lighting of aerodrome fence

    Where it is deemed desirable for security reasons, a fence or other barrier provided for the protection of international civil aviation and its facilities shall be illuminated at a minimum essential level and the security lighting shall be located so that the ground area on both sides of the fence or barrier, particularly at access points, is illuminated.

229.    Maintenance of safety inspection programme

    (1) An operator shall establish and maintain a safety inspection program for the aerodrome.

    (2) The safety inspection programme shall provide—

    (a)    procedures to ensure that competent aerodrome personnel execute the programme effectively; and

    (b)    a reporting system to ensure prompt correction of unsafe aerodrome conditions noted during any inspection.

230.    Establishment of fire prevention unit and maintenance of fire prevention programme

    (1) An operator shall establish a fire prevention unit and program with preventive measures against possible fires on the aerodrome and identify a person to maintain the fire prevention program for the aerodrome, the aerodrome buildings and training stakeholders on basic fire safety.

    (2) The prevention measures include installation of fire detection and protection systems within the aerodrome buildings.

    (3) Where an aerodrome does not have designated fire services, the operator shall arrange with the relevant local government authority or any other concerned authority to maintain a fire prevention programme for the aerodrome and to advise the operator of any dangerous conditions for rectification.

    (4) An operator shall ensure that unsafe practices that may result in fire are not performed on the aerodrome or within its vicinity.

    (5) Notwithstanding subregulation (3) where unsafe practices are performed during maintenance on the aerodrome, an operator shall alert the rescue and firefighting service concerned, to be on standby for the duration of the practices.

    (6) The provision of subregulation (1) shall not apply to aerodromes in categories 1, 2, H and a registered aerodrome.

231.    Access of ground vehicles to aerodrome movement area

    (1) An operator shall—

    (a)    limit the access of any ground vehicles used for aerodrome and aircraft operations, to the aerodrome manoeuvring area;

    (b)    provide adequate procedures for the safe and orderly access to the aerodrome and operation in the manoeuvring area of ground vehicles, where an air traffic service unit is in operation at the aerodrome, in order to ensure that each ground vehicle operating in the aerodrome manoeuvring area is controlled by—

        (i)    two-way radio communication between the vehicle and the air traffic service unit, and

        (ii)    an accompanying radio communication or an escort vehicle with adequate measures including signals or guards to control the vehicle, where the vehicle does not have a radio;

    (c)    provide adequate measures to ensure that ground vehicles operating in the aerodrome movement area are controlled by signs, pre-arranged signals or standards prescribed by the Authority, where an air traffic service unit is not in operation at the aerodrome; and

    (d)    ensure that any person who operates a ground vehicle on the aerodrome movement area is familiar with and complies with the rules and procedures for the operation of ground vehicles as determined by the Authority.

    (2) An operator shall ensure that a person who has access to the aerodrome movement area wears a coloured reflective gear which shall be conspicuously displayed while on the movement area.

    (3) For purposes of this regulation, "gear" includes a vest, band, overcoat, helmet, shoes and socks.

232.    Autonomous Runway Incursion Warning System

    (1) An ARIWS installed at an aerodrome, shall—

    (a)    provide autonomous detection of a potential incursion or of the occupancy of an active runway and a direct warning to a flight crew or vehicle operator; and

    (b)    function and be controlled independently of any other visual system on the aerodrome.

    (2) The visual aid components of an ARIWS shall be designed to conform to the relevant specifications as determined by the Authority.

    (3) The failure of part or all of the ARIWS shall not interfere with normal aerodrome operations and as such provision shall be made to allow the Air Traffic Control Unit to partially or entirely shut down the system.

    (4) An ARIWS may—

    (a)    be installed in conjunction with enhanced taxiway centreline markings, stop bars or runway guard lights; and

    (b)    share common sensory components of a Surface Movement Guidance and Control Systems or an Advanced Surface Movement Guidance and Control Systems, however, it operates independently of either system.

    (5) The ARIWS shall be installed to be operational under all weather conditions, including low visibility.

    (6) Where an ARIWS is installed at an aerodrome, information on its characteristics and status shall be provided to the appropriate aeronautical information services for promulgation in the aeronautical information publication with the description of the aerodrome surface movement guidance and control system and markings as specified by the Authority.

233.    Operation of aircraft exceeding certified characteristics of an aerodrome

    (1) An operator shall not accommodate an aircraft that exceeds the certified characteristics of aerodromes unless approved by the Authority.

    (2) An aerodrome operator intending to accommodate an aircraft exceeding the certified characteristics of the aerodrome shall carry out a compatibility study in collaboration with stakeholders including but not limited to an aircraft operator, air navigation service providers and ground handling agencies.

    (3) The operator shall assess the compatibility between the operation of the aeroplane and aerodrome infrastructure and shall develop and implement appropriate measures in order to maintain an acceptable level of safety during operations.

    (4) Any information concerning alternative measures, operational procedures and operating restrictions implemented at an aerodrome arising from subregulations (2) and (3) above shall be published in the aeronautical information publication.

PART XIII
Aerodrome Maintenance (regs 234-241)

234.    Application of this Part

    This Part shall apply only to aerodromes in categories 4, 5, 6, 7, 8, 9, 10 and to categories 2, 3 and H where deemed necessary by the Authority.

235.    Maintenance programme

    (1) An operator shall establish at the aerodrome, a maintenance programme, including preventive maintenance to maintain a facility in a condition that does not impair the safety, regularity and efficiency of air navigation.

    (2) For purposes of this regulation—

    (a)    "facility" includes a pavement, visual aid, fencing, drainage system and building; and

    (b)    "preventive maintenance" means programmed maintenance work done to prevent failure or degradation of a facility.

    (3) The design and application of the maintenance programme shall observe human factors principles.

236.    Maintenance of movement and adjacent areas

    (1) An operator shall at all time ensure that—

    (a)    the surfaces of all movement areas including pavements (runways, taxiways, and aprons) and adjacent areas are inspected and their conditions monitored regularly as part of an aerodrome preventive and corrective maintenance programme with the objective of avoiding and eliminating any Foreign Objects Debris (FOD) that might cause damage to aircraft or impair the operation of aircraft systems;

    (b)    the surface of the runway is maintained in a condition that precludes formation of harmful irregularities such as water pools and rough surfaces;

    (c)    a paved runway is maintained in a condition so as to provide surface friction characteristics at or above the minimum friction level specified by the Authority;

    (d)    the runway surface friction characteristics for maintenance purposes is periodically measured with a continuous friction measuring device using self-wetting features and documented and that the frequency of these measurements are sufficient to determine the trend of the surface friction characteristics of the runway; and

    (e)    corrective maintenance action is taken to prevent the runway surface friction characteristics for either the entire runway or a portion thereof from falling below a minimum friction level specified by the Authority.

    (2) Where there is reason to believe that the drainage characteristics of a runway or portions of the runway, are poor due to slopes or depressions, then the runway friction characteristics are assessed under natural or simulated conditions that are representative of local rain and corrective maintenance action is taken.

    (3) Where a taxiway is used by turbine engine aircraft, the surface of the taxiway shoulders is maintained to be free of any loose stones or other objects that may be ingested by the aircraft engines.

237.    Removal of contaminants

    (1) Any standing water, mud, dust, sand, oil, rubber deposits and other contaminants shall be removed from the surface of runways in use as rapidly and completely as possible to minimise accumulation.

    (2) Any chemical which may have harmful effect on aircraft or pavements, or chemicals which may have toxic effects on the aerodrome environment, shall not be used.

238.    Runway pavement overlays

    (1) An operator shall ensure that the overlaying of runway pavements is done in accordance with these Regulations.

    (2) The longitudinal slope of the temporary ramp, measured with reference to the existing runway surface or previous overlay course, shall be—

    (a)    0.5 to 1.0 per cent for overlays up to and including 5 cm in thickness; and

    (b)    not more than 0.5 per cent for overlays more than 5 cm in thickness.

    (3) Any overlaying shall proceed from one end of the runway toward the other end so that based on runway utilisation most aircraft operations will experience a down ramp.

    (4) The entire width of the runway shall be overlaid during each work session.

    (5) A runway centreline marking shall, before a runway being overlaid is returned to a temporary operational status, be provided and in addition, the location of any temporary threshold shall be identified by a 3.6 m wide transverse stripe.

    (6) The frequency of measurements under this regulation shall be sufficient to determine the trend of the surface friction characteristics of the runway.

    (7) An operator shall ensure that, the overlay is constructed and maintained above the minimum friction level specified by the Authority.

239.    Preventive maintenance of visual aids

    (1) An operator shall not operate an aerodrome unless a system of preventive maintenance of visual aids is employed at the aerodrome.

    (2) The system of preventive maintenance of visual aids to be employed shall ensure lighting and marking system reliability.

    (3) A light shall be deemed to be unserviceable when the main beam average intensity is less than 50 per cent of the value set out in Schedule 5 to these Regulations.

    (4) A light unit where the designed main beam average intensity is above the value as set out in Schedule 5 to these Regulations, the 50 per cent value shall be related to that design value.

    (5) The system of preventive maintenance employed for a precision approach runway category II or III shall include at least the following checks—

    (a)    visual inspection and in-field measurement of the intensity, beam spread and orientation of lights included in the approach and runway lighting systems;

    (b)    control and measurement of the electrical characteristics of each circuitry included in the approach and runway lighting systems; and

    (c)    control of the correct functioning of light intensity settings used by air traffic control.

    (6) The in-field measurements of intensity, beam spread and orientation of lights included in approach and runway lighting systems for a precision approach runway category II or III shall be undertaken by measuring all lights, as far as practicable, to ensure conformance with the applicable specification set out in Schedule 5.

    (7) The measurement of intensity, beam spread and orientation of lights included in approach and runway lighting systems for a precision approach runway category II or III shall be undertaken using a mobile measuring unit of sufficient accuracy to analyse the characteristics of the individual lights.

    (8) The frequency of measurement of lights for a precision approach runways categories II or III shall be based on traffic density, the local pollution level, the reliability of installed lighting equipment and the continuous assessment of the result of the in-field measurements but, in any case, shall not be less than twice a year for in-pavement lights and not less than once a year for other lights.

    (9) The system of preventive maintenance employed for a precision approach runway category II or III shall have as its objective that, during any period of category II or III operations, all approach and runway lights are serviceable and that, in any case, at least—

    (a)    95 per cent of the lights are serviceable in each of the following particular significant elements—

        (i)    precision approach category II and III lighting system, the inner 450 m,

        (ii)    runway centreline lights,

        (iii)    runway threshold lights, and

        (iv)    runway edge lights;

    (b)    90 per cent of the lights are serviceable in the touchdown zone lights;

    (c)    85 per cent of the lights are serviceable in the approach lighting system beyond 450 m; and

    (d)    75 per cent of the lights are serviceable in the runway end lights.

    (10) The allowable percentage of unserviceable lights, in order to provide continuity of guidance shall not be permitted in such a way as to alter the basic pattern of the lighting system and additionally, an unserviceable light shall not be permitted adjacent to another unserviceable light, except in a barrette or a crossbar where two adjacent unserviceable lights may be permitted.

    (11) In relation to barrettes, crossbars and runway edge lights, lights are considered to be adjacent if located consecutively and—

    (a)    laterally in the same barrette or crossbar; or

    (b)    longitudinally in the same row of edge lights or barrettes.

    (12) The system of preventive maintenance employed for a stop bar provided at a runway-holding position used in conjunction with a runway intended for operations in Runway Visual Range conditions less than a value of 350 m shall have the following objectives—

    (a)    no more than two lights will remain unserviceable; and

    (b)    two adjacent lights will not remain unserviceable unless the light spacing is significantly less than that specified.

    (13) The system of preventive maintenance employed for a taxiway intended for use in Runway Visual Range conditions less than a value of 350 m shall have as its objective that no two adjacent taxiway centreline lights be unserviceable.

    (14) The system of preventive maintenance employed for a precision approach runway category I shall have as its objective that, during any period of category I operations, all approach and runway lights are serviceable and that, in any case, at least 85 per cent of the lights are serviceable in each of the following—

    (a)    precision approach category I lighting system;

    (b)    runway threshold lights;

    (c)    runway edge lights; and

    (d)    runway end lights.

    (15) An unserviceable light shall not, in order to provide continuity of guidance, be permitted adjacent to another unserviceable light unless the light spacing is significantly less than that provided at regulation 143(1)(e) and in barrettes and crossbars, guidance is not lost by having two adjacent unserviceable lights.

    (16) The system of preventive maintenance employed for a runway meant for take-off in Runway Visual Range conditions less than a value of 550 m shall have as its objective that, during any period of operations, all runway lights are serviceable and that in any event at least—

    (a)    95 per cent of the lights are serviceable in the runway centreline lights (where provided) and in the runway edge lights; and

    (b)    75 per cent of the lights are serviceable in the runway end lights.

    (17) The system of preventive maintenance employed for a runway meant for take-off in Runway Visual Range conditions of a value of 550 m or greater shall have as its objective that, during any period of operations, all runway lights are serviceable and that, in any event, at least 85 per cent of the lights are serviceable in the runway edge lights and runway end lights.

    (18) The appropriate authority shall, during low visibility procedures, restrict construction or maintenance activities in the proximity of aerodrome electrical systems.

    (19) These Regulations shall apply to aerodromes categories 3, 4, 5, 6, 7, 8, 9, and 10 as appropriate and where deemed necessary by the Authority, category H.

240.    Construction or maintenance activity during low visibility operations

    An operator shall ensure that any construction or maintenance activity is not undertaken in the proximity of aerodrome electrical systems during any time during periods of low visibility operations.

241.    Works at aerodromes

    (1) An operator shall establish procedures and precautions for aerodromes to ensure that any works carried out at an aerodrome do not endanger the safety of any aircraft operations.

    (2) The procedures and precautions in subregulation (1) shall comply with guidelines as follows—

    (a)    procedures for planning and safely carrying out aerodrome works, including works that may have to be carried out at short notice;

    (b)    process for ensuring that any works safety officers have been trained in aerodrome safety;

    (c)    identifying areas of the aerodrome affected during each stage of the work;

    (d)    arrangements for telling aircraft operators and other aerodrome users of the method-of-working plan and the telephone numbers for contacting those operators and users during and after working hours;

    (e)    arrangements for communicating with air traffic control and aircraft during the carrying out of the works;

    (f)    process for complying with regulatory requirements relating to the period of notice for works;

    (g)    arrangements to address safety hazards resulting from aerodromes works;

    (h)    notification of completion of works to the Authority and other airport users; and

    (i)    promulgation of any changes to the physical characteristics and operations as a result of such works.

PART XIV
Electrical Systems (regs 242-245)

242.    Application of this Part

    (1) This Part shall apply to aerodromes in categories 3, 4, 5, 6, 7, 8, 9 and 10.

    (2) This Part may apply to aerodromes in categories H where deemed necessary by the Authority.

243.    Electrical power supply systems for air navigation services and facilities

    (1) An operator shall not operate an aerodrome unless adequate primary power supply systems are made available for the safe functioning of air navigation services and facilities.

    (2) The design and provision of electrical power systems for aerodrome visual and radio navigation aids shall be such that an equipment failure does not leave the pilot with inadequate visual and non-visual guidance or misleading information.

    (3) The design and installation of the electrical systems shall take into consideration factors that can lead to malfunction, such as electromagnetic disturbances, line losses, power quality, among others.

    (4) Where secondary power is required for air navigation services and facilities, the operator shall arrange the electric power supply connections so as to ensure that the facilities are automatically connected to the secondary power supply upon failure of the primary power supply.

    (5) The provisions of subregulation (3) shall apply for non-instrument runways except that a secondary power supply for visual aids may not be provided where an emergency lighting system is provided and is capable of being deployed within 15 minutes.

    (6) An operator shall provide the following aerodrome facilities with secondary power supply capable of supplying power where there is a failure of the primary power supply—

    (a)    the signalling lamp and the minimum lighting necessary to enable air traffic services personnel to carry out their duties;

    (b)    all obstacle lights which, in the opinion of the Authority are essential to ensure the safe operation of aircraft;

    (c)    approach, runway and taxiway lighting;

    (d)    meteorological equipment;

    (e)    essential security lighting, if provided;

    (f)    essential equipment and facilities for the aerodrome emergency agencies;

    (g)    floodlighting on a designated isolated aircraft packing position if provided; and

    (h)    illumination of apron areas over which passengers may walk.

    (7) The maximum switch-over time between failure of the primary source of power and the secondary source of power for the services shall be as set out in Table S1-17 in Schedule 1.

    (8) For the purpose of this regulation, "switch-over time" means the time required for the actual intensity of a light measured in a given direction to fall from 50 per cent and recover to 50 per cent during a power supply changeover, when the light is being operated at intensities of 25 per cent or more.

    (9) The time interval between failure of the primary source of power and the complete restoration of the services required by subregulation (6) shall be as short as practicable, except that for visual aids associated with non-precision, precision approach or take-off runways the requirements set out in Table S1-17 in Schedule 1 for maximum switch-over times shall apply.

    (10) Where a secondary power supply is installed, the electric power supply connections to those facilities for which secondary power is required shall be so arranged that the facilities are capable of meeting the requirements set out in Table S1-17 in Schedule 1 for maximum switch-over times.

    (11) A secondary power supply, capable of meeting the requirements set out in Table S1-17 in Schedule 1 for the appropriate category of precision approach runway shall be provided.

    (12) An electric power supply connections to those facilities for which secondary power is required shall be arranged so that the facilities are automatically connected to the secondary power supply on failure of the primary source of power.

    (13) A runway meant for take-off in Runway Visual Range conditions less than a value of 800 m, a secondary power supply capable of meeting the relevant requirements set out in Table S1-17 in Schedule 1, shall be provided.

    (14) An aerodrome where the primary runway is a—

    (a)    non-precision approach runway, a secondary power supply capable of meeting the requirements set out in Table S1-17 in Schedule 1, shall be provided, except that a secondary power supply for visual aids need not be provided for more than one non-precision approach runway; and

    (b)    non-instrument runway, a secondary power supply capable of meeting requirements of subregulation (9) shall be provided, except that a secondary power supply for visual aids need not be provided when an emergency lighting system is provided and capable of being deployed in 15 minutes.

    (15) The requirements for a secondary power supply shall be met by either of the following—

    (a)    independent public power, which is a source of power supplying the aerodrome service from a substation other than the normal substation through a transmission line following a route different from the normal power supply route and such that the possibility of a simultaneous failure of the normal and independent public power supplies is extremely remote; or

    (b)    standby power units, which are engine generators, batteries, from which electric power can be obtained.

244.    Electrical system design and operation

    (1) A runway meant for use in Runway Visual Range conditions system design less than a value of 550 m, the electrical systems for the power supply, lighting and control of the lighting systems included in Table S1-17 in Schedule 1, shall be designed so that an equipment failure will not leave the pilot with inadequate visual guidance or misleading information.

    (2) Where the secondary power supply of an aerodrome is provided by the use of duplicate feeders, such supplies shall be physically and electrically separate so as to ensure the required level of availability and independence.

    (3) Where a runway forming part of a standard taxi route is provided with runway lighting and taxiway lighting, the lighting systems shall be interlocked to preclude the possibility of simultaneous operation of both forms of lighting.

245.    Monitoring of electrical systems

    (1) A system of monitoring shall be employed to indicate the electrical systems operational status of the lighting systems.

    (2) Where lighting systems are used for aircraft control purposes, such systems shall be monitored automatically so as to provide an indication of any fault which may affect the control functions and this information shall be relayed to the air traffic service unit.

    (3) Where a change in the operational status of lights has occurred, an indication may be provided within two seconds for a stop bar at a runway-holding position and within five seconds for all other types of visual aids.

    (4) A runway meant for use in Runway Visual Range conditions less than a value of 550 m, the lighting systems set out in Table S1-17 in Schedule 1, shall be monitored automatically to provide an indication when the serviceability level of any element falls below the minimum serviceability level specified by the Authority and this information shall be relayed to the maintenance crew and displayed in a prominent position.

PART XV
Information to be Reported to Aeronautical Information Services (regs 246-250)

246.    Application of this Part

    This Part shall not apply to registered categories of aerodromes.

247.    Availability of information

    An operator shall—

    (a)    ensure that information relating to the aerodrome and its facilities, which is significant for the conduct of flights to and from the aerodrome, is available to the users of the aerodrome;

    (b)    be responsible for notifying the aeronautical information services of any errors and omissions in the aeronautical information of operational significance, published in the aeronautical information publication or aeronautical information circular or in the NOTAM, and of any pending changes in the aerodrome or its facilities which are likely to affect this information; and

    (c)    provide information on the following for the guidance of pilots and other operators—

        (i)    status of licensing or certification of the aerodrome,

        (ii)    construction or maintenance work on or immediately adjacent to the manoeuvring area,

        (iii)    unserviceable portions of any part of the manoeuvring area,

        (iv)    the runway surface conditions when affected by water, damp, wet, water patches or flooded, as appropriate,

        (v)    parked aircraft or other objects on, or immediately adjacent to the taxiways,

        (vi)    the presence of other temporary hazards,

        (vii)    failure or irregular operation of any part of the aerodrome lighting system, or of the aerodrome main and secondary power supplies,

        (viii)    failure, irregular operation and changes in the operational status of any electronic approach or navigation aid, or aeronautical communication facility,

        (ix)    failures and changes in the Runway Visual Range observer system, and

        (x)    other information of operational significance.

248.    Action required for occurrences of operational significance other than those involving electronic aids and communication facilities

    (1) An operator shall, where any of the following conditions occur or are anticipated—

    (a)    changes in the availability of the manoeuvring area and changes in the runway declared distance; except that increases in declared distances may only be made with the approval of the Authority;

    (b)    significant changes in aerodrome lighting and other visual aids;

    (c)    presence or removal of temporary obstructions to aircraft operation in the manoeuvring area;

    (d)    presence of airborne hazards to air navigation;

    (e)    interruption, return to service, or major changes to rescue facilities and firefighting services in terms of the new category of the rescue and firefighting service available at the aerodrome; except that permanent changes to the promulgated rescue firefighting category may only be made with the approval of the Authority;

    (f)    failure of or return to operation of hazard beacons and obstruction lights on or in the vicinity of the aerodrome;

    (g)    erection or removal of obstructions to air navigation, and erection or removal of significant obstacles in take-off, climb or approach areas;

    (h)    air displays, air races, parachute jumping, or any unusual aviation activity; and

    (i)    any other information of operational significance,

take immediate action to amend the information contained in the aeronautical information circular and where necessary, promulgate the change by NOTAM through the aeronautical information services using the aeronautical information services address notified in the aeronautical information circular.

    (2) Where any of the conditions in subregulation (1) arises at short notice, an operator shall notify the aeronautical information services for promulgation of a NOTAM.

    (3) Where any of the conditions in subregulation (1) is intended, the operator shall make a written request to the aeronautical information services, for the amendment of the aeronautical information publication and aeronautical information circular or for supplementary action.

249.    Action required for occurrences that affect electronic aids and communication facilities

    An operator or a person in charge of a navigation facility shall—

    (a)    initiate NOTAM action—

        (i)    for the establishment or withdrawal of electronic aids to air navigation, and

        (ii)    for changes in the regularity or reliability of the operation of any electronic aid to air navigation or aeronautical communication facility; and

    (b)    request for the NOTAM action, or an amendment or a supplement of aeronautical information publication or aeronautical information circular directly from the aeronautical information services or through channels established by the Authority.

250.    Aeronautical data reporting

    (1) An operator shall—

    (a)    provide to the Authority for promulgation, data reporting accurate aeronautical data in accordance with regulation 29;

    (b)    ensure that aerodrome related aeronautical data is adequate and accurate and that the integrity of the data is maintained and protected throughout the data process from survey or origin up to the next intended user; and

    (c)    determine and report aerodrome related aeronautical data in accordance with prescribed accuracy and integrity requirements while taking into account the established quality system procedures.

    (2) Any accuracy requirements for aeronautical data shall be based upon a 95 per cent confidence level and in that respect, three types of positional data, namely, surveyed points, calculated points and declared points shall be identified.

    (3) An aerodrome mapping data shall be made available to the aeronautical information services for aerodromes in categories 3, 4, 5, 6, 7, 8, 9, and 10 where safety or performance-based operations suggest possible benefits.

    (4) The selection of the aerodrome mapping data features to be collected, where made available in accordance with regulation 29, shall be made with consideration of the intended applications.

    (5) An aerodrome mapping data shall, where made available in accordance with regulation 29, comply with the accuracy and integrity requirements specified by the Authority.

    (6) Subject to subregulation (5), the following classification and data integrity levels shall apply—

    (a)    for routine data: avoid corruption throughout the processing of the data;

    (b)    essential data: assure corruption does not occur at any stage of the entire process and may include additional processes as needed to address potential risks in the overall system architecture to further assure data integrity at this level; and

    (c)    for critical data: assure corruption does not occur at any stage of the entire process and include additional integrity assurance procedures to fully mitigate the effects of faults identified by thorough analysis of the overall system architecture as potential data integrity risks.

PART XVI
General Provisions (regs 251-260)

251.    Lighting of enroute obstacles

    (1) An owner or a person in charge of an enroute obstacle shall ensure that the enroute obstacle is fitted with medium intensity steady red light—

    (a)    positioned as close as possible to the top of the obstacle; and

    (b)    spaced as far as practicable, equally between the top lights and ground level with an interval not exceeding 33 metres, at the intermediate levels.

    (2) Where any light which is required by this regulation to be displayed fails, an owner or a person in charge of an enroute obstacle shall repair or replace the light as soon as is reasonably practicable but in any case not later than 24 hours after the failure of the light.

    (3) Subject to subregulation (2), an owner or a person in charge of an enroute obstacle shall ensure that the lights required to be fitted by this regulation are displayed.

    (4) An owner or a person in charge of an enroute obstacle shall ensure that sufficient light is fitted and arranged at each level of an obstacle where lights are required to be fitted, so as to show, when displayed, in all directions.

    (5) The Authority may direct that an enroute obstacle is fitted with additional lights which shall be displayed in such positions and at such times as the Authority may specify.

    (6) For the purpose of this regulation—

    (a)    "enroute obstacle" means any building, structure or erection, which is 100 m or more, above ground level, except a building, structure or erection, which is in the vicinity of an aerodrome; and

    (b)    "medium intensity steady light" means a light, which complies with the characteristics described for a medium intensity type C light.

252.    Land use in the vicinity of aerodrome

    Any land use practices and activities in the vicinity of an aerodrome shall conform to the guidelines prescribed by the Authority.

253.    Aeronautical studies

    The Authority shall, where an aerodrome does not meet the requirements specified in these Regulations, cause an aeronautical study to be undertaken by the operator or proponent, the conditions and procedures that are necessary to ensure a level of safety equivalent to that established by the relevant prescribed standard.

254.    Deviations from standards

    Any deviation from these Regulations shall be set out in an endorsement on the aerodrome manual.

255.    Safety inspections and audits

    The Authority shall—

    (a)    carry out such safety inspections and audits as may be necessary for the purpose of verifying the validity of an application for construction and operation of an aerodrome; and

    (b)    carry out safety inspections and audits of any document and records of an operator, which may be necessary to determine compliance with the appropriate requirements of these Regulations.

256.    Obligation to insure aerodrome

    (1) A person shall not operate, or cause or permit any other person to operate, an aerodrome unless there is an insurance policy in force in relation to that aerodrome.

    (2) An insurance policy shall be of no effect for the purposes of this regulation unless—

    (a)    there has been issued by the insurer to the operator a certificate in relation to the insurance policy in such form and containing such particulars as the Authority may specify; and

    (b)    the operator has sent, or caused to be sent, to the Authority a copy of the certificate provided for under paragraph (a).

    (3) Where the insurance policy, ceases at any time or for any reason to have effect, any licence or certificate issued under these Regulations in respect of the aerodrome to which the insurance policy relates shall be deemed to have been revoked.

    (4) A licence or certificate shall not be renewed or amended under these Regulations in relation to the operation of an aerodrome where the insurance policy has expired.

    (5) For purposes of this regulation "insurance policy" means a policy which insures the operator of an aerodrome against liability in respect of loss and damage caused to any person or property at that aerodrome and which complies with such conditions as may be specified by the Authority.

    (6) This regulation shall not apply to aerodromes in categories 1, 2 and registered unless required by the Authority.

257.    Minimum specifications for licensed aerodromes

    (1) The following shall be the minimum specifications for licenced aerodromes—

    (a)    runway length: the minimum length shall be 1200 m;

    (b)    runway width: the minimum width shall be 18 m;

    (c)    runway slopes: maximum longitudinal and lateral slopes shall be 1:50 (2 per cent);

    (d)    sight distance: an unobstructed line of the sight must be available from any point 2 m above the runway to all other points 2 m above the runway within a sight distance of at least half the runway length;

    (e)    strip length: the strip shall extend 30 m beyond the end of the runway at either end;

    (f)    strip width: the strip shall extend 30 m either side of the runway centreline;

    (g)    slopes on strip: the maximum permissible slopes are: Longitudinal 2 per cent (1:50), Lateral per cent (1:33), except that the first 3 m out from the runway edge may be as great as 5 per cent (1:20) to facilitate drainage;

    (h)    surface, runway and strip: it should be possible to drive a vehicle at 80kp/hr over the runway and onto the strip at 50kp/hr without undue shock to the vehicle; and

    (i)    take-off and approach surface: a clear 5 per cent (1:20) slope must be available, this slope originates from the end of runway or the stopway, in plain view it is 60 m wide at the end of the stopway (or width of the strip) and diverges at 10 per cent (1:10) for a distance of 1600 m along the extended runway centreline, where overhead lines protrude through a slope of 1 per cent (1:100) and are not shielded by trees, they will be marked to the satisfaction of the Authority.

    (2) An overhead line shall not protrude through a one per cent slope where night flying is anticipated.

    (3) A transitional surface, no obstruction shall protrude through a slope of 20 per cent (1:5) which originates from edge of the strip and the edge of the approach/take-off surface, the upper limit of this slope is 45 m above the elevation of the geometric centre of the aerodrome.

    (4) An inner horizontal surface, there will be no obstruction which protrudes through a horizontal plane 45 m above the elevation at the geometric centre of the aerodrome in the area within 2000 m from any point on the runway.

    (5) A conical surface, no obstruction shall protrude through a conical surface sloping upwards and outwards from the periphery of the horizontal surface at uniform rate (5 per cent slope) to 80 m above the aerodrome elevation at 2700 m distance from the runway.

    (6) A standard windsock shall, at the least be provided, the height and dimensions of the windsock shall be as set out in Schedule 9.

    (7) A runway marker shall include threshold markers and shall be provided as set out in Schedule 9.

    (8) An aircraft parking area shall be provided outside the area and sufficient in size to park the maximum number of aircraft to be parked at any one time.

    (9) An aerodrome name circle shall be read from west to east and the size of letters to be such that they are easily readable at a height of 2000 feet above the aerodrome level.

    (10) Any firefighting equipment shall include, at least 2 x 9 kg dry chemical powder fire extinguisher, four buckets of sand and one hand axe.

    (11) The fire extinguishers and the hand axe referred to in subregulation (10) shall be housed in a suitable shelter near the parking area.

    (12) The shelter referred to in subregulation (11) shall at all times, during the aerodrome hours of operation, be available and accessible to persons who may have to make use of the firefighting equipment.

258.    Aerodrome layout plan

    An airport operator shall submit an aerodrome layout plan indicating the location and dimensions of the following—

    (a)    basic strip with dimensions;

    (b)    runway with dimensions (1200 m x 18 m minimum);

    (c)    windsock location and height;

    (d)    name circle;

    (e)    obstructions in the strip area;

    (f)    give their position and height;

    (g)    airfield fencing;

    (h)    any obstructions in the approach or take off areas such as trees, hills, buildings;

    (i)    give their position (and height) relative to the nearest runway threshold;

    (j)    parking areas; and

    (k)    access roads.

259.    Heliport operations

    The design and operation of heliports shall meet the specifications determined by the Authority.

260.    Enforcement

    (1) The Authority shall take—

    (a)    enforcement action on any aerodrome or regulated entity that fails to comply with the provisions of these Regulations; and

    (b)    necessary action to preserve safety where an undesirable condition has been detected.

    (2) The action referred to in subregulation (1) may include in the case of—

    (a)    an aerodrome or regulated entity, imposition of operating restrictions until such a time that the existing undesirable condition has been resolved; or

    (b)    a licensed personnel, require that the individual does not exercise the privileges of the license until such a time that the undesirable condition has been resolved.

    (3) The inspectors of the Authority shall, in carrying out the enforcement actions pursuant to the provisions of subregulation (1), invoke the powers with due care and act in good faith in the interest of preserving safety.

PART XVII
Miscellaneous Provisions (regs 261-264)

261.    Contravention of Regulations

    The Authority may cancel or suspend the certificate of a person who contravenes any provision of these Regulations.

262.    Appeals to the Tribunal

    A person who is aggrieved with the decision of the Authority under these Regulations may within 21 days appeal to the appeals tribunal.

263.    Offences

    (1) A person who contravenes any provision of these Regulations commits an offence and upon conviction is liable to a fine of not more than P5 000 000 or to imprisonment for a term not more than six months or to both, and in a case of a continuing offence shall be liable to a fine of not more than P2 000 000.

    (2) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, any orders or notices made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

264.    Revocation

    The Civil Aviation (Aerodromes) Regulations, 2012 are hereby revoked.

SCHEDULE 1
Figures and Tables

(regs 9(3), 41(1), 55(1), 68(9), 72(2), 73(6), (8), 79(1), 81(1), 82, 87(3), 88(2), 89(4), 90(2), (3), (5), 100(3), 104(1), (6), (7), 105(1), (3), 106(5), (6), (11), (12), 107(2), (3), 110(9) 113(2), (3), (7), 119(7), 120(10), (15), (17), (21), (26), (27), 134(2), 136(6), 137(3), 139(1), 146(2), 147(1), 159(2), 168(10), 172(2), 181(1), 183(3), 185(2), 188(2), (4), (5), 189(2), (8), 198(3), 200(2), 210(1), (2), 211(1), (2), (7), (19), 212(1), (2), 214(2), (4), 218, 225(1), (2), 243(7), (9), (10), (11), (13), (14), 244(1) and 245(4))

{/mprestriction}