Air Navigation (Amendment) Order 2005 - Singapore Statutes Online

No. S 331

Air Navigation Act

(chapter 6)

Air Navigation (Amendment) Order 2005

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 2005 and shall come into operation on 2nd June 2005.

Amendment of paragraph 2

2. Paragraph 2 (1) of the Air Navigation Order (O 2) (referred to in this Order as the principal Order) is amended —

(a)

by inserting, immediately after the definition of “aircraft”, the following definitions:

“ “aircraft component” means the engine, propeller or any part or equipment of an aircraft, being a part or an equipment fitted to or provided in an aircraft, but does not include a part or an equipment of a kind that the chief executive officer directs shall not be an aircraft component;

“aircraft material” means a material (including a fluid) for use in the production, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;”; and

(b)

by inserting, immediately after the definition of ‘‘problematic use of psychoactive substances’’, the following definition:

“ “production” means the performance of tasks required for the manufacture or assembly of aircraft, aircraft components, aircraft materials or part thereof;”.

Deletion and substitution of paragraph 8

3. Paragraph 8 of the principal Order is deleted and the following paragraph substituted therefor:

“Approval or certificate for design, production or distribution of aircraft, aircraft components or aircraft materials

8.—(1) No person shall engage in any stage of design, production or distribution of —

(a)	Singapore aircraft;
(b)	aircraft components fitted or to be fitted to or provided or to be provided in a Singapore aircraft; or
(c)	aircraft materials for use in the production, maintenance, servicing or operation of a Singapore aircraft or an aircraft component of a Singapore aircraft,

unless he has obtained from the chief executive officer a certificate or other form of written approval in respect of the design, production or distribution of the aircraft, aircraft component or aircraft material, or the chief executive officer determines that no certificate or approval is required, either generally or in a particular case.

(2) Any person engaged or intending to engage in any stage of design, production or distribution of any other aircraft, aircraft component or aircraft material may apply to the chief executive officer for a certificate or other form of written approval in respect of the design, production or distribution of that other aircraft, aircraft component or aircraft material.

(3) The chief executive officer may, subject to such conditions as he thinks fit, issue a certificate or other form of written approval under this paragraph to an applicant who has —

(a)

made his application in such form and manner and provided such information as may be specified in the Singapore Airworthiness Requirements;

(b)

furnished such other information as the chief executive officer may require; and

(c)

satisfied the chief executive officer that —

(i)	he is, or will be, able to carry out the design, production or distribution to which the application relates in a satisfactory manner; and
(ii)	where the application relates to design, the design complies with the appropriate airworthiness requirements specified in the Singapore Airworthiness Requirements.

(4) An authorised person may, at any time, for the purpose of ascertaining whether the design, production or distribution to which an application, a certificate or an approval relates is being, or will be, carried on in a satisfactory manner or for any other purpose —

(a)

inspect any aircraft, aircraft component or aircraft material;

(b)

inspect any process or system carried on by, any record maintained by or any document in the possession of, the applicant or holder of the certificate or approval in connection with the activities to which the certificate or approval relates;

(c)

conduct any test or evaluation that the authorised person considers necessary; and

(d)

require the applicant or holder of the certificate or approval to furnish to the authorised person such evidence as the authorised person may require of —

(i)	the qualifications and competence of the applicant or holder or of the employees of the applicant or holder;
(ii)	the facilities, including suppliers’ facilities, at the disposal of the applicant or holder; or
(iii)	design data, documents or reports in connection with the activities to which the certificate or approval relates.

(5) The costs of any inspection, testing or examination under sub‑paragraph (4), including the manpower cost of $90 per man‑hour, shall be borne by the applicant for or holder of the certificate or approval, as the case may be.

(6) The holder of a certificate or an approval under this paragraph shall, at all times, comply with the conditions contained in such certificate or approval.”.

Amendment of paragraph 17

4. Paragraph 17 of the principal Order is amended by deleting the words “manufacture or assembly of any part of an aircraft” in the 8th and penultimate lines and substituting the words “production or assembly of an aircraft or part thereof”.

Amendment of paragraph 17A

5. Paragraph 17A of the principal Order is amended by deleting the words “of approval” in sub‑paragraph (c) and substituting the words “or other form of written approval”.

Amendment of paragraph 51

6. Paragraph 51 (4) of the principal Order is amended by deleting the word “manufacturer” in the 1st line and substituting the word “producer”.

Amendment of paragraph 70

7. Paragraph 70 (1) of the principal Order is amended —

(a)	by deleting the word “manufacture” in the 3rd and 7th lines and substituting in each case the word “production”; and
(b)	by deleting the word “manufacturers” in the 5th line and substituting the word “producers”.

Amendment of paragraph 77

8. Paragraph 77 (2) of the principal Order is amended by deleting the word “Minister” and substituting the words “chief executive officer”.

Amendment of paragraph 88

9. Paragraph 88 (1) of the principal Order is amended by deleting the word “manufacturing” in sub-paragraph (b) and substituting the words “designing, producing”.

Amendment of Second Schedule

10. The Second Schedule to the principal Order is amended by deleting the word “manufacturers” in paragraph (5) (b) of the “B Conditions.” and substituting the word “producers”.

Amendment of Eleventh Schedule

11. Part II of the Eleventh Schedule to the principal Order is amended by inserting, immediately after sub‑paragraph (d) of rule 5 (2), the following sub‑paragraph:

“(e) Subject to paragraph 55A (4) and (7) of the Order, paragraph (1) shall not apply to military aircraft in an exhibition of flying organised by the Republic of Singapore Air Force in which the only participating aircraft are military aircraft.”.

Amendment of Twelfth Schedule

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

(a)

by inserting, immediately after paragraph 6, the following paragraph:

“Approval or certificate for design, production or distribution of aircraft, aircraft components or aircraft materials (Paragraph 8 (1) and (2))

6A. The fee to be paid by an applicant for the issue of a certificate or other form of written approval under paragraph 8 (1) and (2) of the Order for the design, production or distribution of aircraft, aircraft components or aircraft materials shall be as follows:

(a)	in respect of a Design Organisation Approval, a Production Organisation Approval or a Certificate of Approval for Distributors specified in the Singapore Airworthiness Requirements, the fee shall be $1,100 per annum for each branch of the applicant’s organisation in a different geographical location;
(b)	in respect of any other certificate or approval, there shall be no fee.”;

(b)

by deleting paragraphs 7, 8 and 9 and substituting the following paragraphs:

“Approval of persons and courses of training or instruction (Paragraphs 10 (4) (d), 11 (8) (c), 20 (13) (c) and 73A)

7.—(1) The fee to be paid by a person for the grant of an approval for the purposes of paragraph 10 (4) (d) or 73A of the Order shall be $1,100 per annum for each branch of the person’s organisation in a different geographical location.

(2) The fee to be paid for the grant of an approval of a person to provide a course of training or instruction under paragraph 11 (8) (c) of the Order shall be $1,100 per annum for each branch of the person’s organisation in a different geographical location.

(3) The fee to be paid for the grant of an approval or renewal of approval for an approved flying school to provide a course of training or instruction under paragraph 20 (13) (c) of the Order shall be $4,500 per annum.

Approval in respect of aircraft equipment required under Fifth Schedule (Paragraph 12 (2))

8. In respect of an application for the grant of an approval under paragraph 12 (2) of the Order of aircraft equipment or the manner of installation thereof, the applicant shall pay for all expenses incurred by reason of anything done during, in or incidental to the investigation, including the cost of manpower of $90 per man‑hour.

Approval of type, etc., of radio equipment (Paragraph 13 (5))

9. In respect of an application for the grant of an approval under paragraph 13 (5) of the Order of radio equipment or the manner of the installation thereof, the applicant shall pay for all expenses incurred by reason of anything done during, in or incidental to the investigation, including the cost of manpower of $90 per man‑hour.”;

(c)

by deleting the words “fee of $510” in paragraph 18 and substituting the words “daily fee”; and

(d)

by renumbering paragraph 18 as sub-paragraph (1) of that paragraph, and by inserting immediately thereafter the following sub‑paragraph:

“(2) The daily fee in sub-paragraph (1) shall be —

(a)	$1,280 for a flight operations officer; and
(b)	$610 for any other officer.”.

Amendment of Thirteenth Schedule

13. Part B of the Thirteenth Schedule to the principal Order is amended by deleting the words “Paragraph 67 (4).” in the second column and substituting the following words:

“Paragraph 67 (1).

Paragraph 67C.”.

Amendment of Fourteenth Schedule

14. Part I of the Fourteenth Schedule to the principal Order is amended —

(a)	by inserting, immediately after the words “in Singapore” in paragraph 3 (1), the words “or elsewhere”;
(b)	by inserting, immediately after the words “in Singapore” in paragraph 3 (3) (paragraph (a) of the definitions of “designated medical examiner” and “evaluating medical examiner”), the words “or elsewhere”; and
(c)	by inserting, immediately after the words “outside Singapore” in the 3rd line of paragraph 6, the words “where a designated medical examiner is not available”.

Saving and transitional provisions

15.—(1) Any certificate of approval issued under paragraph 8 of the principal Order which is valid immediately before 2nd June 2005 shall, unless revoked by the Minister —

(a)	continue and be deemed to have been issued under that paragraph as substituted by this Order; and
(b)	expire on the date it would have expired if this Order had not been made.

(2) Any person who, immediately before 2nd June 2005, was engaged in any stage of design, production or distribution of —

(a)	Singapore aircraft;
(b)	aircraft components fitted or to be fitted to or provided or to be provided in a Singapore aircraft; or
(c)	aircraft materials for use in the production, maintenance, servicing or operation of a Singapore aircraft or an aircraft component of a Singapore aircraft,

may continue to engage in such design, production or distribution for a period of 12 months from that date or, if before the expiration of that period he applies for a certificate or other form of written approval under paragraph 8 of the principal Order as substituted by this Order, until —

(i)	the certificate or approval is issued or refused;
(ii)	the application is withdrawn; or
(iii)	the chief executive officer determines that no certificate or approval is required.

[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]

Made this 1st day of June 2005.

CHOI SHING KWOK

Permanent Secretary,
Ministry of Transport,
Singapore.

[MOT CA.271.10.007.0.0; CAAS/LE/LGN A1.1; AG/LEG/SL/6/2003/1 Vol. 4]

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