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No. S 299

Air Navigation Act

(Chapter 6)

Air Navigation
(Amendment) Order 2009

In exercise of the powers conferred by section 3 of the Air Navigation Act, the Minister for Transport hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Air Navigation (Amendment) Order 2009 and shall come into operation on 30th June 2009.

Amendment of paragraph 20

2. Paragraph 20(13) of the Air Navigation Order (O 2) (referred to in this Order as the principal Order) is amended —

(a)

by deleting the word “and” at the end of sub-paragraph (b); and

(b)

by deleting the full-stop at the end of sub-paragraph (c) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:

“(d)	approve the use of a simulator for the purpose of flight training.”.

Amendment of paragraph 35

3. Paragraph 35 of the principal Order is amended —

(a)

by inserting, immediately after the words “Singapore aircraft” in sub-paragraph (7), the words “(other than a Singapore helicopter)”; and

(b)

by inserting, immediately after sub-paragraph (7), the following sub-paragraph:

“(8) Every flight crew member who is required to be on flight deck duty in a Singapore helicopter that is flying at any level shall, for the purpose of radio communication or of intercommunication within the Singapore helicopter, use a hands-free microphone, such as a boom or throat microphone.”.

Amendment of paragraph 62A

4. Paragraph 62A of the principal Order is amended by inserting, immediately after sub-paragraph (3), the following sub-paragraphs:

“(3A) Without prejudice to any other provision of this Order, the Minister may, for the purpose of sub-paragraph (3), either absolutely or subject to such conditions as he thinks fit —

(a)	approve any course of training or instruction;
(b)	authorise a person to conduct such examinations or tests as the Minister may specify;
(c)	approve a person to provide any course of training or instruction approved under sub-paragraph (a); and
(d)	approve the use of a simulator for the purposes of air traffic control training.

(3B) The Minister may, in such manner as he thinks fit, publish a manual, to be called the “Manual of Standards — Licensing of Air Traffic Control Personnel”, containing such standards, recommended practices and guidance material relating to the licensing of air traffic controllers and the approval of persons to provide training for air traffic controllers as he may determine to be applicable in Singapore.

(3C) The holder of an air traffic controller licence shall comply with the applicable standards specified in the Manual of Standards — Licensing of Air Traffic Control Personnel and shall not at any time contravene any condition of the air traffic controller licence.

(3D) A person who is approved to provide any course of training or instruction under sub-paragraph (3A) shall comply with the applicable standards specified in the Manual of Standards — Licensing of Air Traffic Control Personnel and shall not at any time contravene any condition of the approval granted to him.”.

Amendment of paragraph 67

5. Paragraph 67 of the principal Order is amended —

(a)

by inserting, immediately after the words “An applicant for” in sub-paragraph (2), the words “the grant or renewal of”;

(b)

by inserting, immediately after the word “grant” in sub‑paragraphs (4) and (5), the words “or renew”;

(c)

by deleting the words “may grant” in sub-paragraph (6) and substituting the words “may, upon payment of the fee specified in paragraph 21(1) of the Twelfth Schedule, grant or may renew”;

(d)

by inserting, immediately after the word “grants” in sub‑paragraph (7), the words “or renews”;

(e)

by inserting, immediately after the words “cancel an aerodrome certificate” in sub-paragraph (8), the words “if the applicable annual fee specified in paragraph 21(2) of the Twelfth Schedule is not paid within the time required by the Minister, or”; and

(f)

by deleting sub-paragraphs (11) and (12) and substituting the following sub-paragraphs:

“(11) An aerodrome certificate granted or renewed on or after 30th June 2009 shall be valid for a period of 5 years after the date of the grant or renewal, as the case may be, unless it is earlier suspended or cancelled in accordance with sub-paragraph (8).

(12) An aerodrome certificate shall not be transferable to any person without the prior consent in writing of the Minister, and any purported transfer of an aerodrome certificate in contravention of this sub-paragraph shall be void and of no effect.

(13) An aerodrome certificate granted before 30th June 2009 and in force on that date shall be valid for a period of 5 years from 30th June 2009.”.

Amendment of paragraph 80

6. Paragraph 80 of the principal Order is amended —

(a)

by deleting “$500” and “$1,000” in sub-paragraph (4) and substituting “$10,000” and “$20,000”, respectively; and

(b)

by deleting sub-paragraphs (5) and (6) and substituting the following sub-paragraphs:

“(5) If any person contravenes any provision specified in Part A of the Thirteenth Schedule he shall be liable on conviction to a fine not exceeding $20,000 or in the case of a second or subsequent conviction for the like offence to a fine of $40,000 or to imprisonment for a term not exceeding 15 months or to both.

(6) If any person contravenes any provision specified in Part B of the Thirteenth Schedule he shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.”.

Amendment of paragraph 87

7. Paragraph 87 of the principal Order is amended —

(a)

by deleting the words “A Singapore aircraft shall not fly on any flight” in sub-paragraph (1) and substituting the words “No person whose principal place of business is in Singapore shall operate an aircraft”;

(b)

by deleting the words “on such flights” in sub-paragraph (1); and

(c)

by inserting, immediately after sub-paragraph (2), the following sub-paragraphs:

“(2A) Subject to sub-paragraph (2B), the number of aircraft registered outside Singapore operated by the holder of an air operator certificate granted under sub-paragraph (2) shall not —

(a)	in the case where the total number of aircraft owned or operated by him is 4 or less, exceed one; or
(b)	in any other case, exceed 25 percent of the total number of aircraft owned or operated by him (rounded up to the next highest whole number).

(2B) At least one aircraft of each aircraft type owned or operated by a holder of an air operator certificate granted under sub-paragraph (2) shall be registered in Singapore.”.

Amendment of Fifth Schedule

8. The Fifth Schedule to the principal Order is amended —

(a)

by inserting, immediately after sub-paragraph (iv) of item 1(c) in paragraph 4, the following sub-paragraph:

“(v)	in the case of helicopters, including those engaged in offshore or overwater operations

B, D, H, J and S”;

(b)

by inserting, immediately after sub-paragraph (v) of item 2(b) in paragraph 4, the following sub-paragraph:

“(vi)

in the case of helicopters

A, B, C, E with E(iv) duplicated, F and G”;

(c)

by deleting paragraph (c) of item 2 in paragraph 4 and substituting the following paragraph:

“(c)	in the case of flying machines when flying over water beyond gliding distance from land, or in the case of helicopters when flying over water beyond auto-rotational distance from land

A, B, D, F(i) only, H and S(i)”;

(d)

by deleting sub-paragraph (ii) of item 2(e) in paragraph 4 and substituting the following sub-paragraphs:

“(ii)

in the case of helicopters engaged in offshore operations or overwater operations

A, B, D, F, H, J and S

(iii)

in the case of helicopters, when more than 10 minutes flying time*, from land and flying over water in a hostile environment

A, B, D, F(i) only, H and J

(iv)	in the case of all other flying machines, when more than 30 minutes flying time*, from aerodrome

A, B, D, F(i) only, H and J”;

(e)

by deleting paragraph (iv) (including the Note) under Scale B in paragraph 5 and substituting the following paragraph and Notes:

“(iv)

For all aircraft on all flights a safety harness for each flight crew member seat in place of the safety belt referred to under Scale A. The safety harness shall incorporate a device which will automatically restrain the occupant’s torso in the event of rapid deceleration or incapacitation of the occupant.

Note 1: Depending on the design, the lock on an inertia reel device may suffice for this purpose.

Note 2: Safety harness includes shoulder straps and seat belt which may be used independently.”;

(f)

by inserting, immediately after the words “seat belts” in paragraph (v) under Scale B in paragraph 5, the words “or harnesses”;

(g)

by deleting paragraph (ii) under Scale E in paragraph 5 and substituting the following paragraphs:

“(ii)(a) in the case of a helicopter, a bank and pitch indicator for every pilot and one additional bank and pitch indicator; or

(b) in the case of any other flying machine, at least one gyroscopic bank and pitch indicator.”;

(h)

by deleting paragraph (i) under Scale G in paragraph 5 and substituting the following paragraph:

“(i)	At least 2 landing lights.”;

(i)

by deleting sub-paragraph (A) of paragraph (i)(i) under Scale J in paragraph 5 and substituting the following sub-paragraph:

“(A)	any readily distributable energy supplement with an energy value of about 400kJ; and”;

(j)

by inserting, immediately after paragraph (ii) under Scale J in paragraph 5, the following paragraph:

“(iii)

In the case of helicopters fitted with 2 life‑rafts, each life‑raft shall be able to carry all occupants in the overload state. The overload state is defined as a design safety margin of 1.5 times the maximum capacity.”;

(k)

by deleting paragraph (iii) under Scale T in paragraph 5 and substituting the following paragraph:

“(iii)

For each 4 or proportion of 4 persons on board, any readily distributable energy supplement with an energy value of about 400kJ.”; and

(l)

by deleting paragraph (iii) under Scale W in paragraph 5 and substituting the following paragraph:

“(iii)

For each 4 or proportion of 4 persons on board, any readily distributable energy supplement with an energy value of about 400kJ.”.

Amendment of Sixth Schedule

9. Paragraph 2 of the Sixth Schedule to the principal Order is amended by deleting the following footnote:

“**	The radio equipment shall provide for communications on the aeronautical frequency 121.5 MHz”

and substituting the following footnote:

“**	The radio equipment shall provide for communications on the aeronautical emergency frequency.”.

Amendment of Twelfth Schedule

10. The Twelfth Schedule to the principal Order is amended —

(a)

by deleting the heading of paragraph 7 and substituting the following heading:

“Approval of persons, simulators and courses of training or instruction (Paragraphs 10(4)(d), 11(9)(c), 20(13)(c) and (d) and 73A)”;

(b)

by inserting, immediately after sub-paragraph (3) of paragraph 7, the following sub-paragraph:

“(4) The fee to be paid for the grant of approval or renewal of approval for the use of a simulator for the purpose of flight training under paragraph 20(13)(d) of the Order shall be $1,100 per annum.”; and

(c)

by inserting, immediately after paragraph 20, the following paragraph:

“Aerodrome certificate (Paragraph 67(2))

21.—(1) The fee to be paid for the grant of an aerodrome certificate shall be $150,000, which shall accompany the application under paragraph 67(2) of the Order.

(2)	The annual fee for an aerodrome certificate shall be as follows:

(a) for an aerodrome with one runway — $200,000;

(b) for an aerodrome with 2 runways — $400,000; and

Amendment of Thirteenth Schedule

11. The Thirteenth Schedule to the principal Order is amended —

(a)

by inserting, immediately below the words “Paragraph 55A.” in Part A, the words “Paragraph 58(2).”;

(b)

by inserting, immediately below the words “Paragraph 59.” in Part A, the following words:

“Paragraph 60(3).

Paragraph 67A(1).

Paragraph 67G.”;

(c)

by inserting, immediately below the words “Paragraph 10 (except sub-paragraph (5)).” in Part B, the words “Paragraph 11(7) and (8).”;

(d)

by inserting, immediately below the words “Paragraph 13.” in Part B, the words “Paragraph 14(2).”;

(e)

by inserting, immediately below the words “Paragraph 16 (except sub-paragraph (3)).” in Part B, the words “Paragraph 17A.”;

(f)

by inserting, immediately below the words “Paragraph 19.” in Part B, the words “Paragraph 20(2), (3A) and (7).”;

(g)

by inserting, immediately below the words “Paragraph 23.” in Part B, the words “Paragraph 24A(1) and (2).”;

(h)

by inserting, immediately below the words “Paragraph 36.” in Part B, the words “Paragraph 36A.”;

(i)

by inserting, immediately below the words “Paragraph 62 (except sub-paragraph (4)).” in Part B, the following words:

“Paragraph 62A(1).

Paragraph 62F.

Paragraph 62G(1) and (2).”;

(j)

by inserting, immediately below the words “Paragraph 67C.” in Part B, the following words:

“Paragraph 67E(2) and (3).

Paragraph 67F.

Paragraph 67H.

Paragraph 67I.

Paragraph 67J(1) and (2).

Paragraph 67K.

Paragraph 67L(2).”; and

(k)

by deleting the words “Paragraph 87(5).” in Part B and substituting the words “Paragraph 87(1) and (5).”.

Amendment of Seventeenth Schedule

12. Paragraph 1 of the Seventeenth Schedule to the principal Order is amended —

(a)

by deleting the words “approach control rating” in sub-paragraph (b) and substituting the words “approach control surveillance rating”; and

(b)

by deleting sub-paragraphs (c) and (d) and substituting the following sub-paragraphs:

“(c)	area control procedural rating, which shall authorise the holder of the licence to provide or supervise the provision of area control service, or both;

(d)	area control surveillance rating, which shall authorise the holder of the licence to provide or supervise the provision of area control service, or both.”.

[G.N. Nos. S 573/91; S 49/92; S 60/92; S 180/92; S 61/93; S 199/93; S 8/94; S 67/98; S 325/2000; S 384/2000; S 166/2002; S 56/2003; S 440/2003; S 581/2003; S 331/2005; S 781/2005; S 487/2006; S 640/2006]

Made this 30th day of June 2009.

CHOI SHING KWOK

Permanent Secretary,
Ministry of Transport,
Singapore.

[CA.7.3.00117.0.15; CAAS/LE/LGN/C1.09; AG/LEG/SL/6/2003/1 Vol. 6]