PART IX
CONTROL OF AIR TRAFFIC
Rules of the Air
62.—(1)  The Rules of the Air for the purposes of this paragraph shall consist of —
(a)the provisions of the rules of the air in Annex 2 to the Chicago Convention as set out in Part I of the Eleventh Schedule (except 3.8.1 of Chapter 3 and 1.1, 1.2 and 1.3 of Appendix 2 thereof); and
(b)the provisions as set out in Part II of that Schedule.
(2)  Unless otherwise provided in Part II of the Eleventh Schedule, every person and every aircraft shall comply with the Rules of the Air as may be applicable to that person or aircraft in the circumstances of the case.
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(3)  Subject to sub-paragraph (4), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.
(4)  It shall be lawful for the Rules of the Air to be departed from —
(a)in circumstances that render such departure absolutely necessary in the interests of safety; or
(b)to the extent necessary for complying with the law of any country other than Singapore within which the aircraft then is.
(5)  If any departure from the Rules of the Air is made in accordance with sub-paragraph (4), the pilot-in-command of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Chief Executive.
(6)  Nothing in the Rules of the Air shall exonerate any person from the consequence of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
(7)  The Chief Executive may for the purpose of promoting the safety of the aircraft make regulations as to special signals and other communications to be made by or on an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precautions to be observed in relation to the navigation and control of aircraft which the Chief Executive may consider expedient for the purpose aforesaid and no aircraft shall fly in contravention of any such regulations.
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Licensing of air traffic controllers
62A.—(1)  Subject to sub-paragraph (5), no person shall —
(a)act as an air traffic controller;
(b)hold himself out, whether by use of radio call sign or otherwise, as an air traffic controller; or
(c)supervise or train any person to act as an air traffic controller,
unless he holds an air traffic controller licence granted or renewed under this paragraph and the appropriate rating is included in such licence.
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(2)  The Authority may, subject to such conditions as the Authority thinks fit, grant or renew an air traffic controller licence upon being satisfied that the applicant —
(a)is 21 years of age or older;
(b)has passed all relevant training courses, examinations or tests as the Authority may require under sub‑paragraph (3);
(c)possesses the necessary knowledge, skill and experience, set out in the manual published under sub‑paragraph (3B), to act as an air traffic controller; and
(d)fulfils the medical examination and medical fitness requirements specified in the Fourteenth Schedule.
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(3)  For the purpose of sub-paragraph (2)(b), the Authority may require an applicant to undergo such training courses, examinations or tests as may be relevant for acting as an air traffic controller.
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(3A)  Without prejudice to any other provision of this Order, the Authority may, for the purpose of sub-paragraph (3), either absolutely or subject to such conditions as the Authority thinks fit —
(a)approve any course of training or instruction;
(b)authorise a person to conduct such examinations or tests as the Authority 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.
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[S 423/2010 wef 02/08/2010]
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(3B)  The Authority may, in such manner as it thinks fit, publish a manual called the “Manual of Standards — Licensing of Air Traffic Control Personnel”, containing the standards relating to the licensing requirements applicable to every person who holds an air traffic controller licence, or is undergoing on-the-job training to act as an air traffic controller, that the Authority determines to be applicable in Singapore.
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[S 839/2021 wef 04/11/2021]
(3BA)  The Authority may, in such manner as it thinks fit, publish a manual called the “Manual of Standards — Air Traffic Control Training Organisation”, containing the standards relating to the training of air traffic controllers that the Authority determines to be applicable in Singapore.
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(3C)  A person who holds an air traffic controller licence, or is undergoing on-the-job training to act as an air traffic controller, must comply with the applicable standards specified in the Manual of Standards — Licensing of Air Traffic Control Personnel.
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(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 — Air Traffic Control Training Organisation and shall not at any time contravene any condition of the approval granted to him.
[S 299/2009 wef 30/06/2009]
[S 589/2016 wef 18/11/2016]
(4)  [Deleted by S 589/2016 wef 18/11/2016]
(5)  Notwithstanding sub-paragraph (1), a person who is undergoing on-the-job training to act as an air traffic controller shall be entitled to hold himself out, whether by use of radio call sign or otherwise, as an air traffic controller if he is directly supervised by a person who holds an air traffic controller licence with the appropriate rating.
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(6)  Paragraphs 62E, 62F and 62G shall apply to any person referred to in sub-paragraph (5) as they apply to a holder of an air traffic controller licence.
(7)  In sub-paragraphs (1) and (5) and paragraph 62E(1), (2) and (4), “rating” means an air traffic controller rating specified in the Seventeenth Schedule.
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Signature required
62B.  An air traffic controller licence shall be signed by the successful applicant upon the grant or renewal of the licence under paragraph 62A(2).
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[S 423/2010 wef 02/08/2010]
[S 839/2021 wef 04/11/2021]
Renewal and duration of air traffic controller licence
62C.  An air traffic controller licence may be granted or renewed for a period not exceeding —
(a)48 months from the date the licence is granted or renewed, if the applicant is below 40 years of age on that date;
(b)24 months from the date the licence is granted or renewed, if the applicant is 40 years of age or more but less than 50 years of age on that date; or
(c)12 months from the date the licence is granted or renewed, if the applicant is 50 years of age or more on that date.
[S 487/2006 wef 11/08/2006]
[S 839/2021 wef 04/11/2021]
Replacement of air traffic controller licence
62D.—(1)  Where an air traffic controller licence has been lost or defaced before its expiry, the Authority may, on application, issue a replacement air traffic controller licence.
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(2)  Upon issuance of the replacement licence, the holder of the air traffic controller licence to whom the replacement licence is issued shall sign the replacement licence.
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[S 423/2010 wef 02/08/2010]
[S 839/2021 wef 04/11/2021]
Incapacity of air traffic controllers
62E.—(1)  A holder of an air traffic controller licence who —
(a)knows or has reason to believe that he is unfit or is suffering from any personal injury which affects his capacity to act as an air traffic controller in accordance with the rating in his licence;
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(b)suffers from any illness which affects his capacity to act as an air traffic controller in accordance with the rating in his licence throughout a period of more than 20 days;
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(c)knows or has reason to believe that she is pregnant;
(d)is prescribed any medication upon being diagnosed with, or any new medication while receiving or undergoing treatment for, any long‑term or chronic disease or condition; or
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(e)has received any medical treatment provided by a hospital, or a person who is qualified and licensed to practise as a specialist in any branch of medicine, in Singapore or elsewhere,
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shall —
(i)inform the Chief Executive in writing —
(A)as soon as possible, in the case of any matter in sub‑paragraph (a), (c), (d), or (e); or
(B)as soon as possible after a period of 20 days has elapsed, in the case of any illness in sub‑paragraph (b); and
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(ii)not exercise the privileges of the licence and related ratings until he has satisfied the medical assessor that his medical fitness has been restored to the standard required in paragraph 7 of the Fourteenth Schedule.
[S 487/2006 wef 11/08/2006]
[S 617/2012 wef 17/12/2012]
(2)  A holder of an air traffic controller licence mentioned in sub‑paragraph (1)(a), (b), (d) or (e) must not act as an air traffic controller in accordance with the rating in his licence unless the Chief Executive —
(a)is satisfied, after the holder undergoes such medical examination as the Chief Executive may require, that the holder is fit to resume exercising the privileges of the holder’s licence and related ratings; or
(b)otherwise determines that the holder may resume exercising the privileges of the holder’s licence and related ratings without undergoing a medical examination.
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(3)  The Chief Executive may require the holder of an air traffic controller licence referred to in sub-paragraph (1)(c) to undergo such medical examination as may be determined by the Chief Executive.
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(4)  A holder of an air traffic controller licence who has been required to undergo the medical examination referred to in sub-paragraph (3) shall not act as an air traffic controller in accordance with the rating in her licence if she is certified as unfit to act as an air traffic controller.
[S 325/2000 wef 01/08/2000]
[S 423/2010 wef 02/08/2010]
Fatigue of air traffic controller
62F.  A holder of an air traffic controller licence shall not act as an air traffic controller if he knows or has reason to believe that he is suffering from fatigue which may render him unable to act as an air traffic controller in a safe and proper manner.
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Prohibition of use of psychoactive substances
62G.—(1)  A holder of an air traffic controller licence shall not act as an air traffic controller if he is under the influence of any psychoactive substance which may render him unable to carry out his duties as an air traffic controller in a safe and proper manner.
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(2)  A holder of an air traffic controller licence shall not at any time engage in the problematic use of psychoactive substances.
[S 325/2000 wef 21/08/2000]
Paragraphs 62A to 62G not to apply to members of Armed Forces
62H.  Paragraphs 62A to 62G shall not apply to any member of the Armed Forces who acts as an air traffic controller in respect of any aircraft under any circumstance other than during secondment to the Authority as an air traffic controller.
[S 325/2000 wef 01/08/2000]
[S 423/2010 wef 02/08/2010]
[S 820/2022 wef 03/11/2022]
Power to prohibit or restrict flying
63.—(1)  Where the Minister makes an order under section 3(2)(l) of the Act, the Chief Executive may make regulations supplemental to such order restricting or imposing conditions on flight, either generally or in relation to any class of aircraft, over any area or along any route specified in such order and an aircraft shall not fly in contravention of such regulations.
[S 278/2010 wef 15/05/2010]
(2)  If the pilot-in-command of an aircraft becomes aware that the aircraft is flying in contravention of any such regulations he shall forthwith cause a signal of distress to be made by radio or by one of the prescribed visual signals, and shall (unless otherwise instructed by the appropriate air traffic control unit or by a commissioned officer of the Armed Forces) cause the aircraft to land at the aerodrome, being an aerodrome suitable for that purpose, which it can reach by flying to the least possible extent over the area to which the regulations relate. The aircraft shall not begin to descend while over such area.
[S 423/2010 wef 02/08/2010]
Kites and parasails
64.—(1)  Except where expressly provided in paragraph 64F, a person shall not fly or operate a kite or parasail at any altitude in any area that is within 5 kilometres of any aerodrome and not a permitted area designated under sub‑paragraph (2) unless —
(a)the person has in force a permit granted under sub‑paragraph (4) authorising him to do so; and
(b)the person flies or operates the kite or parasail in accordance with the conditions of that permit and the requirements of paragraph 64D.
(2)  The Chief Executive may designate one or more areas within 5 kilometres of any aerodrome as a permitted area for the flying or operation of a kite or parasail, subject to such conditions as he may impose.
(3)  Except where expressly provided in paragraph 64F, a person shall not fly or operate a kite or parasail beyond 5 kilometres of any aerodrome —
(a)at an altitude higher than 200 feet above mean sea level if within 10 kilometres of Paya Lebar aerodrome or Tengah aerodrome and within one kilometre of the respective flight funnels to these aerodromes; or
(b)at an altitude higher than 500 feet above mean sea level in any other place,
unless the person has in force a permit granted under sub‑paragraph (4) authorising him to do so, and he flies or operates the kite or parasail in accordance with the conditions of that permit and the requirements of paragraph 64D.
(3A)  Except where expressly provided in paragraph 64F, a person must not fly or operate a kite or parasail within the boundaries of any danger area or restricted area unless —
(a)the person has in force a permit granted under sub‑paragraph (4) authorising him to do so; and
(b)the person flies or operates the kite or parasail in accordance with the conditions of that permit and the requirements of paragraph 64D(1)(b).
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(4)  The Chief Executive may grant a written permit in such form or manner as he may determine, and subject to such conditions as he thinks fit.
(5)  An application for a permit granted under sub‑paragraph (4) must be submitted to the Chief Executive, in the form and manner required by the Chief Executive, no later than 7 working days before the date on which the activity in sub‑paragraph (1), (3) or (3A) is intended to be carried out.
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(6)  A permit granted under sub‑paragraph (4) shall be valid for such period as may be specified therein.
(7)  For the purposes of this paragraph —
(a)aerodrome shall include a military aerodrome; and
(b)parasailing shall include kite surfing.
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Captive balloons
64A.—(1)  Except where expressly provided in paragraph 64F, a person shall not fly or operate a captive balloon that exceeds 3 metres in any linear dimension at any altitude anywhere unless —
(a)the person has in force a permit granted under sub‑paragraph (4) authorising him to do so; and
(b)the person flies or operates the captive balloon in accordance with the conditions of that permit and the requirements of sub‑paragraph (7) and paragraph 64D.
(2)  Except where expressly provided in paragraph 64F, a person shall not fly or operate a captive balloon that is 3 metres or shorter in any linear dimension at any altitude within one kilometre of the respective flight funnels to any aerodrome unless —
(a)the person has in force a permit granted under sub‑paragraph (4) authorising him to do so; and
(b)the person flies or operates the captive balloon in accordance with the conditions of that permit and the requirements of sub‑paragraph (7) and paragraph 64D.
(3)  Except where expressly provided in paragraph 64F, a person shall not fly or operate a captive balloon that is 3 metres or shorter in any linear dimension outside of one kilometre of the respective flight funnels to any aerodrome —
(a)at an altitude higher than 130 feet above mean sea level if within 5 kilometres of any aerodrome; or
(b)at an altitude higher than 290 feet above mean sea level in any other place,
unless the person has in force a permit granted under sub‑paragraph (4) authorising him to do so, and he flies or operates the captive balloon in accordance with the conditions of that permit and the requirements of sub‑paragraph (7) and paragraph 64D.
(3A)  Except where expressly provided in paragraph 64F, a person must not fly or operate a captive balloon within the boundaries of any danger area or restricted area unless —
(a)the person has in force a permit granted under sub‑paragraph (4) authorising him to do so; and
(b)the person flies or operates the captive balloon in accordance with the conditions of that permit and the requirements of sub‑paragraph (7) and paragraph 64D(1)(b).
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(4)  The Chief Executive may grant a written permit in such form or manner as he may determine, and subject to such conditions as he thinks fit.
(5)  An application for a permit granted under sub‑paragraph (4) must be submitted to the Chief Executive, in the form and manner required by the Chief Executive, no later than 7 working days before the date on which the activity in sub‑paragraph (1), (2), (3) or (3A) is intended to be carried out.
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(6)  A permit granted under sub-paragraph (4) shall be valid for such period as may be specified therein.
(7)  A person shall not fly or operate a captive balloon unless the captive balloon —
(a)is securely tethered; and
(b)is attended to at all times where that captive balloon is not fitted with a device which ensures its automatic deflation if it breaks free of its tether.
(8)  For the purposes of this paragraph, aerodrome shall include a military aerodrome.
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Free flight aerial objects
64B.—(1)  Except where expressly provided in paragraph 64F, a person shall not cause or permit the release of a free flight aerial object within 5 kilometres of any aerodrome unless —
(a)the person has in force a permit granted under sub‑paragraph (3) authorising him to do so; and
(b)the person causes or permits the release of the free flight aerial object in accordance with the conditions of that permit and the requirements of paragraph 64D.
(2)  Except where expressly provided in paragraph 64F, a person shall not, beyond 5 kilometres of any aerodrome, cause or permit the release of —
(a)a balloon 2 metres or longer in any linear dimension including any object attached to the balloon;
(b)a balloon singly, collectively or in a cluster where the balloon or cluster of balloons may cluster with other balloons (regardless of whether such other balloons are released by that person) resulting in a cluster (including any object attached to any of the balloons) measuring 2 metres or longer in any linear dimension; or
(c)a free flight aerial object (other than a balloon) which is capable of rising more than 200 feet above mean sea level,
unless the person has in force a permit granted under sub‑paragraph (3) authorising him to do so, and he causes or permits the release of the balloon in accordance with the conditions of that permit and the requirements of paragraph 64D.
(2A)  Except where expressly provided in paragraph 64F, a person must not cause or permit the release of a free flight aerial object within the boundaries of any danger area or restricted area unless —
(a)the person has in force a permit granted under sub‑paragraph (3) authorising him to do so; and
(b)the person causes or permits the release of the free flight aerial object in accordance with the conditions of that permit and the requirements of paragraph 64D(2)(b) and (c).
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(3)  The Chief Executive may grant a written permit in such form or manner as he may determine, and subject to such conditions as he thinks fit.
(4)  An application for a permit granted under sub‑paragraph (3) must be submitted to the Chief Executive, in the form and manner required by the Chief Executive, no later than 7 working days before the date on which the activity in sub‑paragraph (1), (2) or (2A) is intended to be carried out.
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(5)  A permit granted under sub‑paragraph (3) shall be valid for such period as may be specified therein.
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64C.  [Deleted by S 351/2015 wef 02/06/2015]
Prohibition of activities within certain areas and of hazardous aerial activities
64D.—(1)  Despite paragraphs 64 and 64A, a person must not fly or operate a kite, parasail or captive balloon —
(a)within the boundaries of any prohibited area; or
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(b)outside any area in sub-paragraph (a) in a manner likely to endanger the safety of any person, aircraft or property.
[S 351/2015 wef 02/06/2015]
(2)  Notwithstanding paragraph 64B, a person shall not cause or permit the release of a free flight aerial object —
(a)within the boundaries of any prohibited area;
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(b)in a manner which is likely to endanger the safety of any person, aircraft or property; or
(c)anywhere in Singapore during the operating hours of any military aerodrome.
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Notification in cases not requiring permit
64E.—(1)  Where a permit is not required under any provision in paragraphs 64A and 64B (other than for any reason under paragraph 64F) to fly or operate a captive balloon or to release a free flight aerial object, a person who intends to carry out any such activity shall notify the Chief Executive, in the form and manner required by the Chief Executive, no later than 7 working days before the date on which the activity is intended to be carried out.
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(2)  Sub-paragraph (1) shall not apply to the release of 20 or fewer balloons on a single occasion —
(a)where each balloon is 30 centimetres or shorter in any linear dimension including any object attached to the balloon; and
(b)the release of such balloons do not result in a cluster (including any object attached to any of the balloons) measuring 2 metres or longer in any linear dimension.
[S 617/2012 wef 17/12/2012]
Paragraphs 64 to 64E not to apply in certain circumstances
64F.  Paragraphs 64 to 64E shall not apply to —
(a)the flying or operating of a kite, parasail or captive balloon, or the releasing of a free flight aerial object in an indoor place or area; and
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(b)the use of a free flight aerial object for public transport.
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[S 351/2015 wef 02/06/2015]
Power to demand names and addresses, etc.
64G.—(1)  An authorised person may require a person whom he has reasonable grounds to suspect is just about to contravene, has just contravened or is contravening any provision in paragraphs 64 to 64E, to furnish his name, address or such other proof of identity on demand.
(2)  Any person who —
(a)refuses or, without reasonable excuse, fails to comply with sub‑paragraph (1);
(b)in furnishing any information so required under sub‑paragraph (1) makes a statement which he knows to be false, or recklessly makes a statement which is false; or
(c)wilfully obstructs or impedes any authorised person acting in the exercise of a power conferred on him by or under this paragraph,
shall be guilty of an offence.
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Offences
64H.  Any person who —
(a)fails to comply with any condition in a permit granted to him under paragraphs 64, 64A and 64B;
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(b)fails to comply with any condition imposed under paragraph 64(2) for the flying or operation of a kite or parasail in a permitted area within 5 kilometres of any aerodrome; or
(c)contravenes any provision in paragraphs 64 to 64E,
shall be guilty of an offence.
[S 617/2012 wef 17/12/2012]
Definitions
64I.  In paragraphs 64 to 64H, unless the context otherwise requires —
[Deleted by S 351/2015 wef 02/06/2015]
“flight funnel” means an envelope of airspace within and around the path that may be taken by an aircraft for taking off from and landing at any aerodrome;
[Deleted by S 351/2015 wef 02/06/2015]
“operating hours”, in relation to a military aerodrome, means Mondays to Fridays from 7 a.m. to 7 p.m. and Saturdays from 7 a.m. to 1 p.m.;
[Deleted by S 351/2015 wef 02/06/2015]
[Deleted by S 351/2015 wef 02/06/2015]