PART I | 1. This Order may be cited as the Air Navigation Order. |
2.—(1) In this Order, unless the context otherwise requires —| “accredited medical conclusion” means the conclusion reached by one or more medical experts acceptable to the Chief Executive for the purposes of the case concerned, in consultation with flight operations experts or other experts if necessary; [S 325/2000 wef 01/08/2000] [S 423/2010 wef 02/08/2010] |
| “advisory airspace” means an airspace of defined dimensions, or a designated route, within which air traffic advisory service is available; |
| “aerial work” means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, and aerial advertisement; |
| “aerial work aircraft” means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work; |
| “aerial work undertaking” means an undertaking whose business includes the performance of aerial work; |
| “aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre; |
| “aerodrome” means a defined area on land (including any building, installation and equipment) used or intended to be used, either wholly or in part, for the arrival, departure and surface movement of aircraft; |
| “aerodrome certificate” means a certificate granted by the Chief Executive under paragraph 67 to a person to operate an aerodrome, subsequent to the acceptance of the aerodrome manual; [S 440/2003 wef 15/09/2003] [S 423/2010 wef 02/08/2010] |
| “aerodrome control service” means air traffic control service for aerodrome traffic; |
| “aerodrome control tower” means a unit established to provide air traffic control service to aerodrome traffic; |
| “aerodrome facility and equipment” means the facility and equipment, inside or outside the boundaries of an aerodrome, that is constructed, or installed, and maintained for the arrival, departure and surface movement of aircraft, and “aerodrome facility, equipment” and “aerodrome facility or equipment” shall be construed accordingly; |
| “aerodrome manual” means the manual forming part of the application for an aerodrome certificate under this Order and includes any amendments thereto made in accordance with this Order; |
| “aerodrome operator”, in relation to a certified aerodrome, means the holder of an aerodrome certificate; |
| “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”, in relation to any aerodrome, means defined airspace, which is notified, around an aerodrome for the protection of aerodrome traffic; |
| “Aeronautical Information Circular” means a notice containing information which relates to flight safety, air navigation, technical, administrative or legislative matters; |
| “Aeronautical Information Publication” means a publication issued by and with the authority of the Aeronautical Information Services provider and containing aeronautical information of a lasting character essential to air navigation; |
| “Aeronautical Information Services” means the services established within the defined area of coverage for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation and, where appropriate, includes the personnel and facilities employed to provide information pertaining to the availability of air navigation services and their associated procedures necessary for the safety, regularity and efficiency of air navigation; |
| “aeronautical light” means any light established for the purpose of aiding air navigation; |
| “aeronautical radio station” means a radio station on the surface which transmits or receives signals for the purpose of assisting aircraft; |
| “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; |
| “AIP Amendment” means permanent changes to the information contained in the Aeronautical Information Publication; |
| “AIP Supplement” means temporary changes, published by means of special pages, to the information contained in the Aeronautical Information Publication; |
| “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; [S 61/93 wef 19/03/1993] |
“aircraft component” means —| (a) | an aircraft engine; | | (b) | an aircraft propeller; or | | (c) | any part or equipment of an aircraft, being a part or an equipment fitted to or provided in an aircraft, and includes an assembly of aircraft parts or equipment; |
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| “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; |
| “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; |
| “Airworthiness Notice” means an Airworthiness Notice issued under paragraph 7(12); |
| “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; |
| “Air Operator Certificate Requirements (AOCR)” means the Air Operator Certificate Requirements issued under paragraph 87(5); |
| “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 flight plans in accordance with Instrument Flight Rules; |
| “air traffic control clearance” means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit; |
“air traffic control service” means a service provided in accordance with this Order for the purpose of —| (a) | preventing any collision —| (i) | between aircraft; and | | (ii) | between aircraft and any obstruction on the manoeuvring area; or |
| | (b) | expediting and maintaining an orderly flow of air traffic; |
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| “air traffic control unit” includes area control centre, approach control unit and aerodrome control tower; [S 325/2000 wef 01/08/2000] [S 423/2010 wef 02/08/2010] |
| “air traffic controller licence” means an air traffic controller licence granted or renewed under paragraph 62A(4); |
| “air traffic service” includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service; |
| “air transport undertaking” means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward; |
| “alerting service” means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required; |
| “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 aeronautical radio station” means, in relation to an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being; |
| “apron” means a defined area, on a land aerodrome, intended to accommodate aircraft for the purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance; |
| “area control centre” means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction; |
| “area control service” means air traffic control service for controlled flights in control areas; |
| “authorised person” means any person authorised by the Chief Executive either generally or in relation to a particular case or class of cases, and references to an authorised person include references to the holder for the time being of any office designated by the Chief Executive; [S 423/2010 wef 02/08/2010] |
| “basic instrument flight trainer” means a type of apparatus which is equipped with the appropriate instruments and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions; |
| “beneficial interests” means interests arising under contract and other equitable interests; |
| “cabin crew member” means a member of the crew who performs, in the interest of the safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but does not include a flight crew member; [S 384/2000 wef 31/08/2000] [S 423/2010 wef 02/08/2010] |
| “cargo” includes mail and animals; |
| “Certificate of Airworthiness” includes any validation thereof and any flight manual, performance schedule, or other document, whatever its title, incorporated by reference in that certificate relating to the Certificate of Airworthiness; [S 61/93 wef 19/03/1993] |
| “certificate of maintenance review” means a certificate of maintenance review issued under paragraph 9; |
“certificate of release to service” means a certificate that certifies —| (a) | that the part of the aircraft or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Chief Executive either generally or in relation to a class of aircraft or the particular aircraft and which identifies the overhaul, repair, replacement, modification or maintenance to which it relates and includes particulars of the work done; or [S 278/2010 wef 15/05/2010] | | (b) | in relation to an inspection required by the Chief Executive, that the inspection has been made in accordance with the requirements of the Chief Executive and that any consequential repair, replacement or modification has been carried out; [S 278/2010 wef 15/05/2010] [S 56/2003 wef 07/02/2003] |
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| “certificated for single pilot operation”, when used in relation to an aircraft, means that the aircraft is a type of aircraft which the Chief Executive has determined as being capable of being operated safely with a minimum crew of one pilot; |
| “certified aerodrome” means an aerodrome whose operator has been granted an aerodrome certificate; |
| “Chief Executive” means the Chief Executive of the Authority appointed under section 11 of the Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009), and includes any person authorised by him to act on his behalf and any person acting in that capacity; |
“competent authority” —| (a) | in relation to Singapore, means the Chief Executive; and | | (b) | in relation to any other country, means the authority responsible under the law of that country for exercising the safety regulatory oversight of civil aviation; |
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| “congested area”, in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes; |
| “Contracting State” means any country (including Singapore) which is a party to the Chicago Convention; |
| “controlled airspace” means an airspace of defined dimensions within which 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; |
| “control area” means air space which has been notified as such and which extends upwards from a notified altitude; |
| “control zone” means any airspace which extends upwards from the surface of the earth to a specified upper limit as notified in the Aeronautical Information Publication; |
| “co-pilot” means a pilot serving in any piloting capacity other than as pilot-in-command, but does not include a pilot who is on board an aircraft for the sole purpose of receiving flight instruction; |
| “country” includes a territory; |
| “crew” means a member of the flight crew, a cabin crew member or a person carried on the aircraft who is appointed by the operator of the aircraft to give or to supervise the training, practice and periodical tests required in respect of the crew under paragraph 27(2); |
“designated medical examiner” means a person who — | (a) | is qualified and licensed to practise medicine in Singapore or elsewhere; | | (b) | has received training in the practice of aviation medicine and has demonstrated adequate competency in aviation medicine; | | (c) | possesses the practical knowledge and experience of the aviation environment; and | | (d) | is approved by the Chief Executive to conduct a medical examination of and report on the fitness of an applicant for a licence or rating for which medical requirements are prescribed in the Fourteenth Schedule; [S 487/2006 wef 11/08/2006] [S 423/2010 wef 02/08/2010] |
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“ELT” means an emergency locator transmitter which —| (a) | broadcasts distinctive signals on designated frequencies and, depending on application, may either operate automatically following a crash or be manually activated; and | | (b) | satisfies the requirements and operates in accordance with the provisions of Annex 10 to the Chicago Convention; |
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| “engine” means a unit which is used or intended to be used for aircraft propulsion and which consists of at least those components and equipment necessary for functioning and control, but excludes the propeller or rotors (if applicable); |
| “equivalent release document” means a document issued in accordance with the regulations of a foreign civil aviation authority and accepted by the Chief Executive as equivalent to a certificate of release to service; [S 56/2003 wef 07/02/2003] [S 278/2010 wef 15/05/2010] |
“evaluating medical examiner” means a person who — | (a) | is qualified and licensed to practise medicine in Singapore or elsewhere; | | (b) | is trained and experienced in the practice of aviation medicine; | | (c) | possesses the practical knowledge and experience of the conditions in which the holder of a licence carries out the functions to which his licence relates; and | | (d) | is approved by the Chief Executive to assess the medical fitness of an applicant under the Fourteenth Schedule based on evaluating the report of the designated medical examiner and such other assessments as the evaluating medical examiner may deem necessary; [S 487/2006 wef 11/08/2006] [S 423/2010 wef 02/08/2010] |
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| “flight” and “to fly” have the meanings respectively assigned to them by sub-paragraph (2); |
| “flight crew” means a crew member, including the pilot, flight engineer, flight navigator and flight radio operator, who is charged with duties essential to the operation of an aircraft during a flight duty period; |
“flight despatcher” means a person designated by the operator of an aircraft to —| (a) | engage in the control and supervision of flight operations while acting as a close link between the aircraft in flight and the ground services, and between the flight crew and the operator’s ground staff; and | | (b) | provide support, briefing or assistance to the pilot-in-command in the safe conduct of the flight, including pre-flight preparation for the despatch release, |
| and includes a flight operations officer; |
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| “flight information centre” means a unit established to provide flight information service and alerting service; |
| “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, 1 013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals; |
| “flight plan” means specified information provided to air traffic services units relating to an intended flight or portion of a flight of an aircraft; |
| “flight procedures trainer” means a type of apparatus which provides a realistic flight deck environment and which simulates instrument responses, simple control functions of the mechanical, electrical, electronic and other aircraft systems and the performance and flight characteristics of aircraft of a particular class; |
| “flight recorder” means any type of recorder installed in an aircraft for the purpose of complementing an investigation into an accident or incident; |
| “flight simulation training device” means an apparatus in which flight conditions are simulated on the ground and includes a flight simulator, a flight procedures trainer and a basic instrument flight trainer; |
| “flight simulator” means a type of apparatus that provides an accurate representation of a flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that aircraft type are realistically simulated; |
| “flight visibility” means the visibility forward from the flight deck 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; |
| “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; |
| “Instrument Flight Rules” means Instrument Flight Rules contained in Part I of the Eleventh Schedule; [S 278/2010 wef 15/05/2010] |
| “Instrument Meteorological Conditions” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling, less than the minima specified for visual meteorological conditions; |
| “to land” in relation to aircraft includes to alight on water; |
| “legal personal representative” means an executor, administrator or other representative of a deceased person; |
| “licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted; |
| “lifejacket” includes any device designed to support a person individually in or on water; |
| “log book”, in the case of an aircraft log book, engine log book or variable pitch propeller log book includes a record kept either in a book or by any other means approved by the Chief Executive in any particular case; [S 278/2010 wef 15/05/2010] |
“maintenance” means the performance of tasks required to ensure the continued airworthiness of an aircraft, including any one, or combination, of the following: | (a) | overhaul; | | (b) | inspection; | | (c) | replacement; | | (d) | defect rectification; | | (e) | the embodiment of a modification or repair; |
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| “maintenance schedule” means a document which describes the specific scheduled maintenance tasks and their frequency of completion necessary for the safe operation of those aircraft to which it applies; |
| “manoeuvring area” means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, but does not include aprons; |
| “Manual of Aerodrome Standards” means the Manual of Aerodrome Standards published by the Chief Executive under paragraph 67B; [S 440/2003 wef 15/09/2003] [S 423/2010 wef 02/08/2010] |
| “maximum total weight authorised”, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world in the most favourable circumstances in accordance with the Certificate of Airworthiness in force in respect of the aircraft; |
| “military aircraft” includes the naval, military or air force aircraft of any country; |
| “modification”, in relation to an aircraft or aircraft component, means the alteration of the aircraft or aircraft component to conform to the approved standard for that aircraft or aircraft component as notified in the Singapore Airworthiness Requirements (SAR), and “modified” shall be construed accordingly; |
| “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 aprons; |
| “nautical mile” means the International Nautical Mile which is a distance of 1,852 metres; |
| “night” means the time between 20 minutes after sunset and 20 minutes before sunrise, sunset and sunrise being determined at surface level; |
| “Notam” or “Notice to Airmen” means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service or procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations; |
“notified” means —| (a) | shown in any official publications issued by the Chief Executive for the purpose of enabling any of the provisions of this Order to be complied with, such as but not limited to —| (i) | Advisory Circulars (AC); | | (ii) | Airworthiness Notices; | | (iii) | Air Operator Certificate Requirements (AOCR); | | (iv) | Manual of Aerodrome Standards (MOAS); | | (v) | Manual of Standards – Licensing of Air Traffic Control Personnel (MOS-PEL); | | (vi) | Manual of Standards – Units of Measurement to be used in Air and Ground Operations (MOS-UOM); | | (vii) | Singapore Air Safety Publications (SASP); | | (viii) | Singapore Airworthiness Requirements (SAR); or | | (ix) | Singapore General Aviation Requirements (SGAR); or |
| | (b) | shown in any publications issued by the Aeronautical Information Services provider such as but not limited to —| (i) | Aeronautical Information Circulars (AIC); | | (ii) | Aeronautical Information Publications (AIP); or | | (iii) | Notams (Notices to Airmen); |
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“obstacle” means any fixed (whether temporary or permanent) or mobile object or part thereof —| (a) | which is located in an area intended for the surface movement of aircraft; or | | (b) | which extends above a defined surface intended to protect aircraft in flight; |
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| “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” has the meaning assigned to it by sub-paragraph (3); |
| “overhaul”, in relation to an aircraft component, means a process that ensures that the aircraft component is in complete conformity with all the applicable service tolerances specified in the type certificate holder’s or aircraft component manufacturer’s instructions for continued airworthiness, or in data which is approved or accepted by the competent authority and includes at least the disassembly, cleaning, inspection, necessary repairs, reassembly and testing of the aircraft component in accordance with such specified data; |
| “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; |
| “Pre-flight Information Bulletin” means a presentation of current Notam information of operational significance, prepared prior to flight; |
| “pressurised aircraft” means an aircraft provided with means of maintaining in any compartment thereof a pressure greater than that of the surrounding atmosphere; |
“problematic use of psychoactive substances” means the use of one or more psychoactive substances in a way that —| (a) | constitutes a direct hazard to the user or endangers the lives, health or welfare of any other person; or | | (b) | causes or worsens an occupational, social, mental or physical problem or disorder suffered by the user; |
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| “production” means the performance of tasks required for the manufacture or assembly of aircraft, aircraft components, aircraft materials or part thereof; |
| “psychoactive substances” means alcohol, opiods, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens and volatile solvents, but excludes coffee and tobacco; |
| “public transport” has the meaning assigned to it by sub-paragraph (4); |
| “public transport aircraft” means an aircraft flying or intended by the operator of the aircraft to fly, for the purpose of public transport; |
| “public transport of passengers” means transport of passengers which is public transport by virtue of sub-paragraph (4)(a)(i) or (ii); |
| “rating”, in relation to a licence issued under paragraph 11, 20 or 62A, means an authorisation entered on or associated with a licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence; |
| “repair” means the restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate of the respective aircraft type, after it has been damaged or subject to wear; |
| “replacement”, in relation to any part of any aircraft or its equipment, includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded; |
| “required navigation performance” or “RNP” means a statement of the navigation performance necessary for operation within a defined airspace; |
| “RNP type” means a containment value expressed as a distance in nautical miles from the intended position within which flights would be for at least 95 percent of the total flying time; |
| “Rules of the Air” means the Rules of the Air contained in the Eleventh Schedule; |
“runway strip” means a defined area, including the runway and stopway if provided, that is intended —| (a) | to reduce the risk of damage to aircraft running off a runway; and | | (b) | to protect aircraft flying over the area during take-off or landing operations; |
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| “scheduled journey” means one of a series of journeys which are undertaken between the same two places and together amount to a systematic service; |
| “Singapore Air Safety Publication (SASP)” means the Singapore Air Safety Publication issued under paragraph 20; |
| “Singapore aircraft” means an aircraft which is registered in the Republic of Singapore; |
| “Singapore Airworthiness Requirements (SAR)” means the Singapore Airworthiness Requirements issued under paragraph 17A; |
| “special VFR flight” means a flight which is a special VFR flight for the purposes of the rules prescribed under paragraph 62(1); |
| “State of registry” means the State on whose register the aircraft is entered; |
| “State of the operator” means the State in which the operator of an aircraft has his principal place of business or, if he has no such place of business, his permanent residence; |
| “survival ELT” means an ELT which is removable from an aircraft, stowed as to facilitate its ready use in an emergency, and capable of being manually activated; |
| “taxiing” means the movement of an aircraft on the surface of an aerodrome under its own power, but does not include take-off and landing; |
| “Visual Flight Rules” means the Visual Flight Rules contained in Part I of the Eleventh Schedule; [S 278/2010 wef 15/05/2010] |
| “Visual Meteorological Conditions (VMC)” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling, equal to or better than specified minima; |
(2) An aircraft shall be deemed to be in flight —| (a) | in the case of an aeroplane, a pilotless flying machine or glider (whether being towed or not), from the moment it first moves for the purpose of taking off until the moment when it finally comes to rest after landing at the end of the flight; | | (b) | in the case of a helicopter or gyroplane, from the moment its rotor blades start turning until the moment when it finally comes to rest after landing at the end of the flight, and the rotor blades are stopped; | | (c) | in the case of 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, |
| and the expressions “a flight”, “to fly” and “flight time” shall be construed accordingly. |
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(3) For the purposes of the application of any provision of this Order in relation to any particular aircraft, “operator” means the person who, or organisation or enterprise which, at the relevant time is engaged in or offering to engage in an aircraft operation, except in the following cases:| (a) | where there is an agreement for the charter, hire, lease or loan of an aircraft by one person (the first-mentioned person) to another person, other than an air transport undertaking or an aerial work undertaking for a period not exceeding 14 days, the first-mentioned person shall be deemed to be the operator for the purposes of the application of any provision in Part III; | | (b) | where the aircraft, being a Singapore aircraft, is used in any general aviation operation, the owner of the aircraft shall be deemed to be the operator of that aircraft unless the owner has informed the Chief Executive in a manner specified by the Chief Executive that he is not the person who is engaged in that operation; and | | (c) | where the aircraft is not used in any aircraft operation, the person who owns or whose management or control the aircraft is in shall be deemed to be the operator. |
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(4) (a) Subject to this paragraph, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport —| (i) | if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or | | (ii) | if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including its directors in the case of a body corporate), persons with the authority of the Chief Executive either making any inspection or witnessing any training, practice or test for the purposes of this Order, or a cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or [S 423/2010 wef 02/08/2010] | | (iii) | for the purposes of Part III if hire or reward is given or promised for the right to fly the aircraft on that flight otherwise than under a hire purchase agreement. |
| | (b) | Where under a transaction effected by or on behalf of a member of an unincorporated association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be deemed to be given or promised if the transaction were effected otherwise than as aforesaid, hire or reward, shall, for the purposes of this Order, be deemed to be given. |
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| (5) The expressions appearing in the “Table of General Classification of Aircraft” set out in Part A of the First Schedule shall have the meanings thereby assigned to them. |
(6) For the purpose of paragraphs 6(1), 13(1), 19(2)(a) and 35(1), the reference to law of the State of the operator shall apply where —| (a) | that aircraft is registered in a Contracting State other than the State of the operator; | | (b) | the operator is operating that aircraft pursuant to an agreement for its lease, charter or interchange or any similar arrangement; | | (c) | the State in which that aircraft is registered has, by agreement with the State of the operator, agreed to transfer to the State of the operator its functions and duties as State of registry in respect of that aircraft in relation to any one or more of the following matters:| (i) | in the case of paragraph 6(1), airworthiness; | | (ii) | in the case of paragraph 13(1), aircraft radio and radio navigation equipment; | | (iii) | in the case of paragraph 19(2)(a), flight crew licensing; or | | (iv) | in the case of paragraph 35(1), radio licensing; and |
| | (d) | the agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the Authority. |
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| (7) For the purposes of paragraphs 67(4)(e), 67F and 67G(1) and the Eighteenth Schedule, “safety management system” means a system for the management of safety at aerodromes, including the organisational structure, responsibilities, procedures, processes and provisions for the implementation of aerodrome safety policies by an aerodrome operator, which provides for the control of safety at, and the safe use of, the aerodrome. |
| (8) In this Order, any reference to acting as an air traffic controller shall be read as providing or supervising the provision of aerodrome control service, approach control service or area control service. |
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