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PART 8
OPERATIONS

8.1 GENERAL

8.1.1 Applicability and Definitions

8.1.1.1 Applicability

(1) This Part prescribes the requirements for operations:
1. (a) conducted by all airman certified in Saint Lucia while operating aircraft registered in Saint Lucia;
1. (b) of a foreign registered aircraft by Saint Lucia AOC holders;
1. (c) of an aircraft within Saint Lucia by airman or AOC holders of a foreign State.

(2) For operations outside of Saint Lucia, all Saint Lucia pilots and all operators shall comply with these requirements unless compliance would result in a violation of the laws of the foreign State in which the operation is conducted.

Note: Where the a particular requirement is applicable only to a particular segment of aviation operations, it will be identified by a reference to those particular operations, such as “commercial air transport” or “small non-turbojet or turbofan aeroplanes.”

Note: Those specific subsections not applicable to foreign operators will include the phrase “This requirement is not applicable to foreign operators.”

8.1.1.2 Definitions

In this Part—
1. “Advisory airspace” means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;
1. “Aerial work” includes an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement;
1. “Aerobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;
1. “Air navigation facility” means any facility used in, available for use in, or designed for use in aid of air navigation, including;
  1. (a) aerodromes;
  1. (b) landing areas;
  1. (c) lights;
  1. (d) any apparatus or equipment used:
    1. (i) for disseminating weather information,
    1. (ii) for signalling,
    1. (iii) for radio directional finding,
    1. (iv) or for radio or other electrical communication; and
  1. (e) any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft;
1. “Calendar day” means the period of elapsed time, using Co-ordinated Universal Time or local time, that begins at midnight and ends 24 hours later in the next midnight;
1. “Check airman (aeroplane)” means a person who is qualified and permitted, to conduct flight checks or instruction in an aeroplane and evaluations only in a flight simulator, or in a flight training device for a particular type aeroplane, for a particular AOC holder;
1. “Check airman (helicopter)” means a person who is qualified and permitted, to conduct flight checks or instruction in a helicopter and evaluations only in a flight simulator, or in a flight training device for a particular type helicopter, for a particular AOC holder;
1. “Check airman (simulator)” means a person who is qualified to conduct flight checks or instruction only in a flight simulator or a flight training device for a particular type aircraft, for a particular AOC holder;
1. “Controlled flight” means a flight which is subject to an air traffic control clearance;
1. “Critical engine” means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;
1. “Critical phases of flight” means those portions of operations of an aircraft which involve taxiing, takeoff, landing and all flight operations below 10,000 feet, except cruise flight;
1. “Deadheading” means the time spent in transportation on an aircraft (at the insistence of the AOC holder) to or from a crew member's home station;
1. “Defined point after takeoff” means the point, within the takeoff and initial climb phase of a Class 2 helicopter, before which the Class 2 helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;
1. “Defined point before landing” means the point, within the approach and landing phase of a Class 2 helicopter, after which the Class 2 helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;
1. “Effective length of the runway” means the distance for landing of an aircraft from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centreline of the runway to the far end;
1. “Extended overwater operation” means with respect to aircraft other than helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline; and to helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline and more than 50 nm from an offshore heliport structure;
1. “Flight Duty Period” means a time during which a person operates an aircraft as a member of its crew commencing when the person is required by the company to report for a flight and finishes at on chocks or engine off at the final sector;
1. “Flight plan” means—
  1. (a) specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;
  1. (b) full information on all items comprised in the flight plan description, covering the whole route of a flight; or
  1. (c) limited information required when the purpose is to obtain a clearance for a minor portion of a flight such as to cross an airway, to take off from, or to land at a controlled aerodrome;
1. “General aviation operation” means an aircraft operation other than a commercial air transport operation or an aerial work operation;
1. “Helideck” means a heliport located on a floating or fixed offshore structure;
1. “Heliport” means an aerodrome or defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;
1. “Journey log” means a form signed by the PIC of each flight that records the registration of the aircraft, the name of each crew member and their duty assignments, the type of flight, the date, place and time of arrival and departure;
1. “Landing decision point” means the point used in determining the landing performance of an aircraft so that if an engine failure occurs at that point, the landing may be safely continued or a balked landing initiated;
1. “Line operating flight time” means the flight time recorded by the PIC or co-pilot while in commercial air transport service for an AOC holder;
1. “Master minimum equipment list (MMEL)” means a list established:
  1. (a) for a particular aircraft type by the manufacturer with the approval of the State of Manufacture 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; and
  1. (b) to provide the basis for development, review and approval by the Authority of an individual operator's MEL;
1. “Obstruction clearance plane” means a plane sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a specified area surrounding the runway as shown in a profile view of that area. In the plane view, the centerline of the specified area coincides with the centreline of the runway, beginning at the point where the obstruction clearance plane intersects the centreline of the runway and proceeding to a point at least 1,500 feet from the beginning point. Thereafter, the centerline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 4,000 foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. This area extends laterally 200 feet on each side of the centreline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 500 feet on each side of the centreline at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter, it extends laterally 500 feet on each side of the centreline;
1. “Operational flight plan” means the operator's plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations, and relevant expected conditions on the route to be followed and at the aerodromes or heliports concerned;
1. “Passenger exit seats” means those seats having direct access to an exit, and those seats in a row of seats through which passengers would have to pass to gain access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit. A passenger seat having “direct access” means a seat from which a passenger can proceed directly to the exit without entering an aisle or passing around an obstruction;
1. “Rest period” means a period of time before starting a flying duty period which is designed to give crewmembers adequate opportunity to rest before a flight;
1. “Takeoff decision point” means the point used in determining takeoff performance of a Class 1 helicopter from which, should an engine failure occur at this point, either a rejected takeoff may be made or a takeoff safely continued.

8.1.1.3 ACRONYMS

The following acronyms are used in Part 8:
1. AFM – Aeroplane Flight Manual
1. AGL – Above Ground Level
1. AOC – Air Operator Certificate
1. AOM – Aircraft Operating Manual
1. APU – Auxiliary Power Unit
1. ATC – Air Traffic Control
1. CAT – Category
1. CDL – Configuration Deviation List
1. CRM – Crew Resource Management
1. DH – Decision Height
1. ETA – Estimated Time of Arrival
1. ETOPS – Extended Twin-engine Operations
1. FE – Flight Engineer
1. FL – Flight Level
1. GPS – Global Positioning System
1. IMC – Instrument Meteorological Conditions
1. INS – Inertial Navigation System
1. LDA – Localizer-type Directional Aid
1. LOC – Localizer
1. LORAN – Long-range Navigation
1. LVTO – Low Visibility Take Off
1. MDA – Minimum Decent Altitude
1. MEA—Minimum En Route Altitude
1. MEL – Minimum Equipment List
1. MMEL – Master Minimum Equipment List
1. MOCA – Minimum Obstruction Clearance Altitude
1. MSL – Mean Sea Level
1. NOTAM – Notice to Airmen
1. RFM – Rotorcraft Flight Manual
1. RVR – Runway Visibility Range
1. RVSM – Reduced Vertical Separation Minimum
1. PBE – Protective Breathing Equipment
1. PIC – Pilot In Command
1. SIC – Co-pilot
1. SCA – Senior Cabin Crew
1. SM – Statute Miles
1. TACAN – Tactical Air Navigation System
1. VMC – Visual Meteorological Conditions
1. VSM – Vertical Separation Minimum
1. V1. Takeoff decision speed.
1. Vmo. Maximum operating speed.
1. Vso. Stalling speed or the minimum steady flight speed in the landing configuration.

8.2 GENERAL OPERATIONS REQUIREMENTS

8.2.1 Aircraft Requirements

8.2.1.1 REGISTRATION MARKINGS

A person shall not operate an aircraft registered in Saint Lucia unless the aircraft displays the proper markings prescribed in Part 4.

8.2.1.2 CIVIL AIRCRAFT AIRWORTHINESS

(1) A person shall not operate a civil aircraft unless the civil aircraft in an airworthy condition.

(2) A PIC shall–
1. (a) determine whether an aircraft is in a condition for safe flight; and
1. (b) discontinue a flight as soon as practicable when an unairworthy mechanical, electrical or structural condition occurs.

8.2.1.3 SPECIAL AIRWORTHINESS CERTIFICATE OPERATIONAL RESTRICTIONS

A person shall not operate an aircraft with a special airworthiness certificate except as provided in the limitations issued with that certificate.

8.2.1.4 AIRCRAFT INSTRUMENTS AND EQUIPMENT

A person shall not operate an aircraft unless the aircraft is equipped with the required instruments and navigation equipment appropriate to type of flight operation conducted and the route being flown.

Note: The instrument and equipment required for specific operations are listed in Part 7.

8.2.1.5 INOPERATIVE INSTRUMENTS AND EQUIPMENT

(1) A person shall not, except as authorised by the Authority, takeoff an aircraft with inoperative instruments or equipment installed.

(2) An AOC Holder shall not operate an aircraft with inoperative instruments and equipment installed unless the following conditions are met:
1. (a) an approved Minimum Equipment List exists for that aircraft;
1. (b) the Authority has issued the AOC Holder specific operating provisions authorising operations in accordance with an approved Minimum Equipment List;
1. (c) the flight crew shall have direct access at all times prior to flight to all of the information contained in the approved Minimum Equipment List through printed or other means approved by the Authority in the AOC Holders specific operating provisions;
1. (d) the aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the specific operating provisions authorising use of the Minimum Equipment List;
1. (e) records identifying the inoperative instruments and equipment and the information required by paragraph (3)(b) of this section must be available to the pilot.

(3) For the purposes of this section, an approved “Minimum Equipment List”, as authorised by the specific operating provisions, constitutes an approved change to the type design without requiring recertification and shall:
1. (a) be prepared in accordance with the limitations specified in paragraph (4) of this section;
1. (b) provide for the operation of the aircraft with certain instruments and equipment in an inoperative condition.

(4) The following instruments and equipment shall not be included in the Minimum Equipment List:
1. (a) instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions;
1. (b) instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise;
1. (c) instruments and equipment required for specific operations under Part 7, Part 8 and/or Part 9 of these regulations.

(5) Notwithstanding paragraphs (4)(a)and (4)(c) of this section, an aircraft with inoperative instruments or equipment may be operated under a special flight permit under 5.4.1.11 of these regulations.

Note: Implementing Standard: See 8.2.1.5 for specific limitation on inoperative instruments and equipment.

8.2.1.6 Civil Aircraft Flight Manual, Marking and Placard Requirements

(1) A person shall not operate a civil aircraft registered in Saint Lucia unless there is available in that aircraft—
1. (a) a current, approved AFM or RFM; and
1. (b) an AOM approved by the Authority for the AOC holder.

(2) A person shall not operate a civil aircraft within or over Saint Lucia unless the person has complied with the operating limitations specified in the approved AFM or RFM, markings and placards, or as otherwise prescribed by the certifying authority for the aircraft's State of Registry.

(3) An operator of an aircraft shall display in the aircraft all placards, listings, instrument markings or a combination thereof, containing the operating limitations prescribed by the certifying authority for the aircraft's State of Registry for visual presentation.

8.2.1.7 Required Aircraft and Equipment Inspections

(1) Unless otherwise authorised by the Authority, a person shall not operate a civil aircraft registered in Saint Lucia unless the aircraft has had the following inspections—
1. (a) an annual inspection within the past 12 calendar months;
1. (b) for remuneration or hire operations, a 100-hour or 6 month inspection;
1. (c) for IFR operations, an altimeter and pitot-static system inspection in the past 24 calendar months;
1. (d) for transponder equipped aircraft, a transponder check within the past 12 calendar months; and
1. (e) for ELT-equipped aircraft, an ELT check within the past 12 calendar months.

(2) Aircraft which is maintained under an alternate maintenance and inspection program approved by the Authority, shall not be required to have current annual or 100-hour inspections in their maintenance records.

Note: An “alternate maintenance and inspection program” may include a manufacturer's recommended program, instructions for continued airworthiness, or a program designed by the operator and approved by the Authority.

Note: The requirements of these inspections are provided in Part 5.

8.2.1.8 Documents to be Carried on Aircraft

Except as provided in 8.2.1.6, a person shall not operate a civil aircraft, unless the aircraft has within it the following current and approved documents:
1. (a) for international flights, Registration Certificate issued to the owner;
1. (b) airworthiness Certificate;
1. (c) aircraft Journey Log;
1. (d) aircraft Radio License;
1. (e) for international flights, list of passenger names and points of embarkation and destination, if applicable;
1. (f) cargo manifest including special loads information;
1. (g) aircraft Technical Log;
1. (h) for international flights, Air Operator Certificate, if required;
1. (i) noise Certificate, if required;
1. (j) AFM or RFM;
1. (k) part(s) of the Operations Manual relevant to operation(s) conducted, if required;
1. (l) MEL;
1. (m) category II or III Manual, as applicable;
1. (n) for international flights, Operational Flight Plan;
1. (o) for international flights, filed ATC flight plan;
1. (p) for international flights, NOTAMS briefing documentation;
1. (q) for international flights, meteorological information;
1. (r) mass and balance documentation;
1. (s) roster of special situation passengers;
1. (t) for international flights, maps and charts for routes of proposed flight or possibly diverted flights;
1. (u) forms for complying with the reporting requirements of the Authority and the AOC holder;
1. (v) for international flights, a general declaration for customs;
1. (w) any documentation which may be required by the Authority or States concerned with a proposed flight.

Note: “Special situation passengers” includes armed security personnel, deportees, persons in custody, and persons with special medical needs.

International flights require all items, domestic flights require only those items not identified for international flights.

8.3 AIRCRAFT MAINTENANCE REQUIREMENTS

8.3.1.1 Applicability

(1) This Part prescribes the rules governing the inspection of a civil aircraft registered in Saint Lucia operating within or outside Saint Lucia.

(2) Subsections 8.3.1.3 and 8.3.1.4 shall not apply to an aircraft subject to an approved continuous maintenance program approved by the Authority for an AOC holder in Part 9.

(3) This Subpart applies to:
1. (a) all aircraft, as designated below, operated as commercial air transport in Saint Lucia if the operator has not been designated an AOC holder by Saint Lucia;
1. (b) all general aviation large, complex aircraft operated in Saint Lucia, whether or not the aircraft is registered in Saint Lucia.

(4) Where an aircraft that is not registered in Saint Lucia and operating under an inspection program approved or accepted by the State of Registry, does not have the equipment required by Saint Lucia for operations within Saint Lucia, the owner or the operator of the aircraft shall ensure that such equipment is installed and inspected in accordance with the requirements of the State of Registry, in a manner that is acceptable to the Authority, prior to operation of that aircraft in Saint Lucia.

8.3.1.2 General

(1) The registered owner or operator of an aircraft shall be primarily responsible for maintaining that aircraft in an airworthy condition and complying with all airworthiness directives.

(2) A person shall not perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart, Part 5 and any other applicable regulations.

(3) A person shall not operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued, that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals and related procedures set forth in specific operating provisions are approved by the Authority under Part 9 or in accordance with an inspection program approved under 8.3.1.4(3).

8.3.1.3 Maintenance Required

An owner or operator of an aircraft shall—
1. (a) ensure that the aircraft is inspected as prescribed in Part 8.3 and discrepancies repaired as prescribed in the Performance Rules of Part 5;
1. (b) repair, replace, remove, or inspect any inoperative instruments or items of equipment at the next required inspection, except when permitted under the provisions of an Minimum Equipment List (MEL);
1. (c) ensure that a placard has been installed on the aircraft when listed discrepancies include inoperative instruments or equipment; and
1. (d) ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service.

8.3.1.4 Inspections

(1) Except as provided in paragraph (3), a person shall not operate an aircraft unless, within the preceding 12 calendar months, the aircraft has had—
1. (a) an annual inspection in accordance with Part 5 and has been approved for return to service by a person authorised by 5.6.1.4; or
1. (b) an inspection for the issuance of an airworthiness certificate in accordance with Part 5.

Note: No inspection performed under paragraph (b) of this section may be substituted for any other inspection required by this paragraph unless it is performed by a person authorised to perform annual inspections and is entered as an 'annual' inspection in the required maintenance record.

(2) Except as provided in paragraph (3), a person shall not:
1. (a) operate an aircraft carrying any person (other than a crew member) for hire;
1. (b) give flight instruction for hire in an aircraft which that person provides; unless within the preceding 100 hours or 6 months of time in service the aircraft has received an annual or 100-hour inspection and been approved for return to service in accordance with Part 5 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with Part 5 of this chapter. The 100-hour or 6 months limitation may be exceeded by not more than 10 hours or 18 days while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing the next 100 hours of time in service.

(3) Paragraphs (1) and (2) shall not apply to–
1. (a) an aircraft that carries a special flight permit;
1. (b) an aircraft which is subject to the requirements of paragraph (4) or (5); or
1. (c) a turbine-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance with paragraph (5).

(4) A registered owner or operator of an aircraft desiring to use a progressive inspection program shall submit a written request to the Authority, and shall provide the following—
1. (a) an AMT, appropriately Type rated in accordance with Part 2, an AMO appropriately rated in accordance with Part 6, or the manufacturer of the aircraft to supervise or conduct the progressive inspection;
1. (b) a current inspection procedures manual available and readily understandable to pilot and maintenance personnel containing, in detail—
  1. (i) an explanation of the progressive inspection, including the continuity of inspection responsibility, the making of reports, and the keeping of records and technical reference material,
  1. (ii) an inspection schedule, specifying the intervals in hours or days when routine and detailed inspections will be performed and including instructions for exceeding an inspection interval by not more than 10 hours while en-route and for changing an inspection interval because of service experience,
  1. (iii) sample routine and detailed inspection forms and instructions for their use, and
  1. (iv) sample reports and records and instructions for their use;
1. (c) enough housing and equipment for necessary disassembly and proper inspection of the aircraft; and
1. (d) appropriate current technical information for the aircraft.

Note: The frequency and detail of the progressive inspection shall provide for the complete inspection of the aircraft within each 12 calendar months and be consistent with the current manufacturer's recommendations, field service experience, and the kind of operation in which the aircraft is engaged. The progressive inspection schedule shall ensure that the aircraft, at all times, will be airworthy and will conform to all applicable aircraft specifications, type certificate data sheets, airworthiness directives, and other approved data acceptable to the Authority. If the progressive inspection is discontinued, the owner or operator shall immediately notify the Authority, in writing, of the discontinuance. After the discontinuance, the first annual inspection under Part 8 is due within 12 calendar months after the last complete inspection of the aircraft under the progressive inspection. The 100-hour inspection under 8.2.1.7(a)(2) is due within 100 hours or 6 months after that complete inspection. A complete inspection of the aircraft, for the purpose of determining when the annual and 100 hours inspections are due, requires a detailed inspection of the aircraft and all its components in accordance with the progressive inspection. A routine inspection of the aircraft and a detailed inspection of several components is not considered to be a complete inspection.

(5) A registered owner or operator of a large aeroplane, a turbojet multiengine aeroplane, a turbo propellerpowered multi-engine aeroplane and a turbine-powered rotorcraft shall select and identify in the aircraft maintenance records, and use one of the following programs for the inspection of the aircraft—
1. (a) a current inspection program recommended by the manufacturer and approved by the Authority;
1. (b) a continuous maintenance program that is part of a continuous maintenance program for that make and model of aircraft currently approved by the Authority for use by an AOC holder; or
1. (c) any other inspection program established by the registered owner or operator of that aircraft and approved by the Authority.

(6) An owner or an operator shall include in the program he or she selected above, the name and address of the person responsible for the scheduling of the inspections required by the programme and shall provide a copy of the program to the person performing inspection on the aircraft.

(7) An aircraft shall not be approved for return to service unless the replacement times for life-limited parts specified in the aircraft specification-type data sheets are complied with and the aircraft, including airframe, engines, propellers, rotors, appliances and survival and emergency equipment, is inspected in accordance with the inspection programme selected.

(8) A person who wishes to establish or change an approved inspection program shall submit the programme to the Authority for approval and shall include in writing—
1. (a) instructions and procedures for the conduct of inspections for the particular make and model aircraft, including necessary tests and checks. The instructions shall set forth in detail the parts and areas of the aeronautical products, including survival and emergency equipment required to be inspected; and
1. (b) a schedule for the inspections that shall be performed, expressed in terms of time in service, calendar time, number of system operations or any combination of these.

(9) When an owner or an operator changes from one inspection program to another, the owner or operator shall apply the time in service, calendar times, or cycles of operation accumulated under the previous program, in determining time the inspection is due under the new program.

8.3.1.5 Changes to Aircraft Maintenance Programs

(1) Where the Authority finds that revisions to an approved inspection program are necessary for the continued adequacy of the program, the Authority shall notify the owner or operator of the aircraft to make the changes to the program deemed to be necessary.

(2) The owner or operator may within thirty days after receipt of the notice, petition the Authority to reconsider the notice.

(3) Except in the case of an emergency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a decision by the Authority.

8.3.1.6 Inspections: All other Aircraft

(1) A person shall not operate other aircraft unless within the preceding 12 calendar months the aircraft has—
1. (a) been inspected in accordance with the Performance Rules of Part 5 and approved for return to service by an authorised person; and
1. (b) been issued an Airworthiness Certificate by a representative of the Authority.

(2) A person shall not operate an aircraft for flight instruction, or for compensation or hire, unless within the preceding 100 hours or 6 months of time in service the aircraft has been inspected in accordance with the Performance Rules of Part 5 and approved for return to service by an authorised person as identified in Part 5.

8.3.1.7 Content, Form and Disposition of Maintenance, Preventive Maintenance, Rebuilding and Modification Records

An owner or operator of an aircraft shall keep a maintenance record of—
1. (a) the entire aircraft to include—
  1. (i) total time in service (hours, calendar time and cycles, as appropriate) of the aircraft and all life limited parts,
  1. (ii) current inspection status of the aircraft, including the time since required or approved inspections were last performed,
  1. (iii) current empty mass and the location of the centre of gravity when empty,
  1. (iv) addition or removal of equipment,
  1. (v) type and extent of maintenance and alteration, including the time in service and date,
  1. (vi) when work was performed, and
  1. (vii) a chronological list of compliance with Airworthiness Directives, including methods of compliance;
1. (b) life limited products—
  1. (i) total time in service,
  1. (ii) date of the last overhaul,
  1. (iii) time in service since the last overhaul, and
  1. (iv) date of the last inspection;
1. (c) instruments and equipment, the serviceability and operating life of which are determined by their time in service including—
  1. (i) records of the time in service as are necessary to determine their serviceability or to compute their operating life, and
  1. (ii) date of last inspection.

8.3.1.8 Maintenance Records Retention

Except for records maintained by an AOC holder, a registered owner or operator of an aircraft shall retain the following records until the work is repeated or superseded by other work of equivalent scope and detail—
1. (a) records of the maintenance, preventive maintenance, minor modifications and records of the 100 - hour, annual, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor and appliance of an aircraft to include—
  1. (i) a description (or reference to data acceptable to the Authority) of the work performed,
  1. (ii) the date of completion of the work performed, and
  1. (iii) the signature and certificate number of the person approving the aircraft for return to service;
1. (b) records containing the following information—
  1. (i) the total time-in-service of the airframe, each engine, each propeller, and each rotor,
  1. (ii) the current status of all life-limited aeronautical products,
  1. (iii) the time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis,
  1. (iv) the current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained,
  1. (v) the current status of applicable Airworthiness Directives including, for each, the method of compliance, the Airworthiness Directive number, and revision date. If the Airworthiness Directive involves recurring action, the time and date when the next action is required,
  1. (vi) copies of the forms prescribed by this chapter for each major modification to the airframe and currently installed engines, rotors, propellers, and appliances.
1. (2) The records specified in paragraph (1) shall be retained and transferred with the aircraft at the time the aircraft is sold or leased.
1. (3) A list of defects shall be retained until the defects are repaired and the aircraft is approved for return to service.
1. (4) The owner or operator of an aircraft shall make all maintenance records required by this subsection available for inspection by the Authority.

8.3.1.9 Transfer of Maintenance Records

(1) An owner or operator of an aircraft who sells or leases an aircraft registered in Saint Lucia shall transfer to the purchaser or to the lessor, at the time of sale or lease, the records identified in 8.3.1.8 of that aircraft, in plain language form or in coded form at the election of the purchaser or the lessor.

(2) Pursuant to paragraph (1), if the coded form is requested by the purchaser or the lessor, it shall provide for the preservation and retrieval of information in a manner that is acceptable to the Authority.

8.4 FLIGHT CREW REQUIREMENTS

8.4.1.1 Composition of the Flight Crew

(1) The number and composition of a flight crew shall not be less than that specified in the flight manual or all other documents associated with the airworthiness certificate.

(2) A Co-Pilot shall be required for IFR commercial air transport operations, unless the Authority has issued a deviation.

8.4.1.2 Flight Crew Qualifications

(1) The operator shall ensure that the licenses of each flight crew member have been issued or rendered valid by the State of Registry, contain the proper ratings, and that all that the flight crew members have maintained recency of experience.

(2) The PIC shall ensure that the licenses of each flight crew member have been issued or rendered valid by the State of Registry, contain the proper ratings, and that all that the flight crew members have maintained recency of experience.

(3) A person shall not operate a civil aircraft in commercial air transport or aerial work unless the person is qualified for the specific operation and in the specific type of aircraft to be used.

8.4.1.3 (Reserved)

8.4.1.4 Licences Required

A person shall not act as a PIC or in any other capacity as a required flight crew member of a civil aircraft:
1. (a) registered in Saint Lucia, unless the person carries in his or her personal possession the appropriate and current licence for that flight crew position for that type of aircraft and a valid medical certificate;
1. (b) of a foreign registry, unless the person carries in his or her personal possession a valid and current licence for that type of aircraft issued to them by the State in which the aircraft is registered.

8.4.1.5 Airman: Limitations on use of Services for Commercial Air Transport

A person shall not serve as an airman, nor shall an AOC holder use an airman in any commercial air transport unless the person is otherwise qualified for the operations for which he or she is to be used.

Note: The qualifications for airman engaged in commercial air transport are provided in Subpart 8.10.

8.4.1.6 Rating Required for IFR Operations

A person shall not act as PIC or co-pilot of a civil aircraft under IFR or in weather conditions less than the minimums prescribed for VFR flight unless, in the case of—
1. (a) an aeroplane, the person holds an instrument rating and a commercial or an ATP licence with an appropriate aeroplane category, class, and type rating for the aeroplane being flown;
1. (b) a helicopter, the person holds a helicopter instrument rating and a commercial or an ATP licence for helicopters not limited to VFR operations.

8.4.1.7 Special Authorisation Required for Category II/III Operations

(1) Except as stated in paragraph (2), a person shall not act as a pilot crew member of a civil aircraft in a Category II/III operation unless in the case of—
1. (a) a PIC, he or she holds a current Category II or III pilot authorisation for that type aircraft; or
1. (b) a co-pilot, he or she is authorised by the State of Registry to act as co-pilot in that aircraft in Category II/III operations.

(2) An authorisation shall not be required for individual pilots of an AOC holder which has operations specifications approving Category II or III operations.

8.4.1.8 Pilot Logbooks

(1) A pilot shall show the aeronautical training and experience used to meet the requirements for a licence or rating, or recency of experience, by a reliable record.

(2) A PIC shall carry his or her logbook on all general aviation international flights.

(3) A student pilot shall carry his or her logbook, including the proper flight instructor endorsements, on all solo cross-country flights.

Note: The acceptable methods of logging experience are outlined in Part 2 -Personnel Licensing.

8.4.1.9 Pilot Currency: Takeoff and Landings

(1) A person shall not act as a PIC or as a co-pilot of an aircraft carrying passengers unless, within the preceding 90 days he or she has:
1. (a) made 3 takeoffs and landings as the sole manipulator of the flight controls in an aircraft of the same category and class and if a type rating is required, of the same type;
1. (b) for a tailwheel aeroplane, made the 3 takeoffs and landings in a tailwheel aeroplane with each landing to a full stop;
1. (c) for night operations, made the 3 takeoffs and landings required by paragraph (a) at night.

(2) A person who has not met the recency of experience for takeoffs and landings shall satisfactorily complete a requalification curriculum acceptable to the Authority.

(3) The requirements of paragraphs (1) and (2) may be satisfied in a flight simulator approved by the Authority.

8.4.1.10 Pilot Currency: IFR Operations

(1) A person shall not act as a PIC or as a co-pilot under IFR, nor in IMC, unless he or she has, within the past 6 calendar months—
1. (a) logged at least 6 hours of instrument flight time including at least 3 hours in flight in the category of aircraft; and
1. (b) completed at least 6 instrument approaches.

(2) A pilot who has completed an instrument proficiency check with an authorised representative of the Authority shall be deemed to have retained currency for IFR operations for 6 calendar months following that check.

8.4.1.11 Pilot Currency: General Aviation Operations

(1) A person shall not act as a PIC or as a co-pilot of an aircraft type certified for more than one pilot unless, since the beginning of the past 12 calendar months, he or she has passed a proficiency check with an authorised representative of the Authority, in an aircraft requiring more than one pilot.

(2) A person shall not act as a PIC or as a co-pilot of an aircraft type certified for more than one pilot unless, since the beginning of the past 24 calendar months, he or she has passed a proficiency check in the type aircraft to be operated.

(3) A person shall not act as a PIC of an aircraft type certified for a single pilot unless, since the beginning of the past 24 calendar months, he or she has passed a proficiency check with an authorized representative of the Authority.

(4) The person conducting the proficiency checks shall ensure that each check duplicates the manoeuvres of the type rating practical test.

Note: Subsection 8.4.1.11 does not apply to pilots engaged in commercial air transport operations. Those requirements are outlined in 8.10.1.21.

8.4.1.12 Pilot Privileges and Limitations

A pilot shall conduct operations only within the general privileges and limitations of each licence as specified in Part 2.

8.5 CREW MEMBER DUTIES AND RESPONSIBILITIES

8.5.1.1 Authority and Responsibility of the PIC

(1) A PIC shall be responsible for the operations and safety of the aircraft and for the safety of all persons on board, during flight.

(2) A PIC of an aircraft shall have the final authority as to the operation of the aircraft while he or she is in command.

(3) 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 emergency circumstances that render such departure absolutely necessary in the interests of safety.

(4) A pilot that exercises his or her emergency authority shall notify the authority in writing within 10 days of the occurrence.

8.5.1.2 Compliance with Local regulations

(1) A PIC shall comply with the relevant laws, regulations and procedures of the States in which the aircraft is operated.

(2) If an emergency situation which endangers the safety of the aircraft or persons necessitates the taking of action which involves a violation of local regulations or procedures, the PIC shall—
1. (a) notify the appropriate local authority without delay;
1. (b) submit a report of the circumstances, if required by the State in which the incident occurs; and
1. (c) submit a copy of this report to the State of Registry.

(3) A PIC shall submit reports specified in paragraph (2) to the Authority within 10 days in the form prescribed.

8.5.1.3 Neglect or Reckless Operations of the Aircraft

A person shall not operate an aircraft in a negligent or reckless manner so as to endanger the life or property of others.

8.5.1.4 Fitness of Flight Crew members

(1) A person shall not act as a PIC or in any other capacity as a required flight crew member if the person is aware of any decrease in his or her medical fitness which might render him or her unable to safely exercise the privileges of his or her licence.

(2) A PIC shall be responsible for ensuring that a flight is not—
1. (a) commenced if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; or
1. (b) continued beyond the nearest suitable aerodrome if a flight crew members' capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness or lack of oxygen.

8.5.1.5 Use of Natcotics, Drugs or Intoxicating Liquor

(1) A person shall not act or attempt to act as a crew member of a civil aircraft—
1. (a) within 8 hours after the consumption of any alcoholic beverage;
1. (b) while under the influence of alcohol; or
1. (c) while using any drug that affects the person's faculties in any way contrary to the safety requirements.

(2) A crew member shall, up to 8 hours before or immediately after acting or attempting to act as a crew member, on the request of a law enforcement officer or the Authority, submit to a test to indicate the presence of alcohol or narcotic drugs in his or her blood.

Implementing Standard: See IS 8.5.1.5 for specific requirements pertaining to testing for alcohol or narcotics.

8.5.1.6 Crew Member use of seat belts and shoulder harnesses

(1) A crew member shall have his or her seat belts fastened during takeoff and landing and at all other times when seated at his or her station.

(2) A crew member occupying a station equipped with a shoulder harness shall fasten that harness during takeoff and landing, except in the circumstances where the crew member cannot perform the required duties with the shoulder harness fastened.

(3) An occupant of a seat equipped with a combined safety belt and shoulder harness shall have the combined safety belt and shoulder harness properly secured during takeoff and landing and be able to properly perform his or her assigned duties.

(4) A crew member shall ensure that the safety belt and shoulder harness of an unoccupied seat, if installed, shall be secured so as not to interfere with crew members in the performance of their duties or with the rapid egress of occupants in an emergency.

8.5.1.7 Flight Crew Members at duty stations

(1) A required flight crew member shall remain at the assigned duty station during take-off and landing and at the critical phases of flight.

(2) A flight crew member shall remain at his or her station during all phases of flight unless—
1. (a) absence is necessary for the performance of his or her duties in connection with the operation;
1. (b) absence is necessary for physiological needs, provided one qualified pilot remains at the controls at all times; or
1. (c) the crew member is taking a rest period and a qualified relief crew member replaces him or her at the duty station.

Implementing Standard: IS 8.5.1.7 for specific requirement pertaining to qualified relief crew members.

8.5.1.8 Required Crew Member Equipment

(1) A crew member involved in night operations shall have a flashlight at his or her station.

(2) A pilot crew member shall have at his or her station an aircraft checklist containing at least the pretakeoff, after takeoff, before landing and emergency procedures.

(3) A pilot crew member shall have at his or her station current and suitable charts to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted.

(4) A flight crew member assessed as fit to exercise the privileges of a license subject to the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily available when performing as a required crew member in commercial air transport.

8.5.1.9 Compliance with Checklists

A PIC shall when operating an aircraft, ensure that the flight crew follows the approved checklist procedures.

8.5.1.10 Search and Rescue Information

A PIC of all international flights shall have on board the aircraft essential information concerning the search and rescue services in the areas over which they intend to operate the aircraft.

8.5.1.11 Production of Aircraft and Flight Documentation

A PIC shall, within a reasonable time of being requested to do so by a person authorised by the Authority, produce to that person the documentation required to be carried on the aircraft.

8.5.1.12 Locking of Flight Deck Compartment Door: Commercial Air Transport

A PIC shall ensure that the flight deck compartment door (if installed) is locked at all times during passenger-carrying commercial air transport operations, except as necessary to accomplish approved operations or to provide for emergency evacuation.

8.5.1.13 Admission to the Flight Deck: Commercial Air Transport

(1) A person shall not admit any person to the flight deck of an aircraft engaged in commercial air transport operations unless the person being admitted is—
1. (a) an operating crew member;
1. (b) a representative of the authority responsible for certification, licensing or inspection, if this is required for the performance of his or her official duties; or
1. (c) permitted by and carried out in accordance with instructions contained in the Operations Manual.

(2) A PIC shall ensure that—
1. (a) in the interest of safety, admission on the flight deck does not cause distraction and/or interference with the flight's operations; and
1. (b) all persons carried on the flight deck are made familiar with the relevant safety procedures.

8.5.1.14 Admission of Inspector to the Flight Deck

Whenever, in performing the duties of conducting an inspection, an inspector from the Authority presents his Inspector's Credential to the PIC, the PIC shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

8.5.1.15 Duties critical phases of Flight: Commercial Air Transport

(1) A flight crew member shall not perform any duties during a critical phase of flight except those required for the safe operation of the aircraft.

(2) A PIC shall not permit a flight crew member to engage in any activity during a critical phase of flight which could distract or interfere with the performance of their assigned duties.

8.5.1.16 Manipulation of the Controls: Commercial Air Transport

(1) A PIC shall not allow an unqualified person to manipulate the controls of an aircraft during commercial air transport operations.

(2) A person shall not manipulate the controls of an aircraft during commercial air transport operations unless he or she is qualified to perform the applicable crew member functions and is authorised by the AOC holder.

8.5.1.17 Simulated Abnormal situations in Flight: Commercial Air Transport

A person shall not cause or engage in simulated abnormal or emergency situations or the simulation of IMC by artificial means during commercial air transport operations.

8.5.1.18 Completion of the Technical Logbook: Commercial Air Transport

A PIC shall ensure that all portions of the technical logbook are completed at the appropriate points before, during and after flight operations.

8.5.1.19 Reporting Mechanical Irregularities

A PIC shall ensure that all mechanical irregularities occurring during flight time are—
1. (a) for general aviation operations, entered in the aircraft logbook and disposed of in accordance with the MEL or other approved or prescribed procedure;
1. (b) for commercial air transport operations, entered in the technical log of the aircraft at the end of that sector.

8.5.1.20 Reporting of Facility and Navigation Aid Inadequacies

A crew member shall report, without delay, any inadequacy or irregularity of a facility or navigational aid observed in the course of operations to the person responsible for that facility or navigational aid.

8.5.1.21 Reporting of Hazardous Conditions

A PIC shall report to the appropriate ATC facility, without delay and with enough detail to be pertinent to the safety of other aircraft, any hazardous flight conditions encountered en route, including those associated with meteorological conditions.

8.5.1.22 Reporting of Incidents

(1) A PIC shall submit, without delay, an air traffic incident report whenever an aircraft in flight has been endangered by—
1. (a) a near collision with another aircraft or object;
1. (b) faulty air traffic procedures or lack of compliance with applicable procedures by ATC or by the flight crew; or
1. (c) a failure of ATC facilities.

(2) In the event a bird constitutes an in-flight hazard or an actual bird strike a PIC shall, without delay—
1. (a) inform the appropriate ground station whenever a potential bird hazard is observed; and
1. (b) submit a written bird strike report after landing.

(3) A PIC shall inform the appropriate ATC facility, if the situation permits, when an in-flight emergency occurs involving dangerous goods on board.

(4) A PIC shall submit a report to the local authorities and to the Authority, without delay, following an act of unlawful interference with the crew members on board an aircraft.

8.5.1.23 Accident Notification

(1) A PIC shall notify the nearest appropriate authority, by the quickest available means, of any accident involving his or her aircraft that results in serious injury or death of any person, or substantial damage to the aircraft or property.

(2) A PIC shall submit a report to the Authority of any accident which occurred while he or she was responsible for the flight.

8.5.1.24 Operation of Flight Deck Voice and Flight Data Recorders

(1) A PIC shall ensure that whenever an aircraft has flight recorders installed, those recorders are operated continuously from the instant—
1. (a) for a flight data recorder, the aircraft begins its takeoff roll until it has completed the landing roll; and
1. (b) for a flight deck voice recorder, the initiation of the pre-start checklist until the end of the securing aircraft checklist.

(2) A PIC shall not not permit a flight data recorder or flight deck voice recorder to be disabled, switched off or erased during flight, unless necessary to preserve the data for an accident or incident investigation.

(3) In the event of an accident or incident on an aircraft, a PIC shall act to preserve the recorded data for subsequent investigation.

8.5.1.25 Crew member Oxygen: Minimum Supply and Use

(1) A PIC shall ensure that breathing oxygen and masks are available to crew members in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of the faculties of crew members.

(2) In no case shall the minimum supply of oxygen on board the aircraft be less than that prescribed by the Authority.

Note: The requirements for oxygen supply and use are prescribed in Part 7, 7.1.8.12, Required Instruments and Equipment.

(3) A PIC shall ensure that all flight crew members, when engaged in performing duties essential to the safe operation of an aircraft in flight, use breathing oxygen continuously at cabin altitudes exceeding 10,000 ft for a period in excess of 30 minutes and whenever the cabin altitude exceeds 13,000 ft.

(4) At least one pilot at the controls of a pressurised aircraft in flight shall wear and use an oxygen mask—
1. (a) for general aviation operations, at flight levels above 350, if there is no other pilot at their duty station; and;
1. (b) for commercial air transport operations, at flight levels above 250, if there is no other pilot at their duty station.

8.5.1.26 Portable Electronic Devices

A PIC or SCA shall not permit a person to use and a person shall not use a portable electronic device on board an aircraft that may adversely affect the performance of aircraft systems and equipment unless—
1. (a) for IFR operations other than commercial air transport, the PIC allows such a device prior to its use; or
1. (b) for commercial air transport operations, the AOC holder makes a determination of acceptable devices and publishes that information in the Operations Manual for the crew members use; and
1. (c) the PIC informs passengers of the permitted use.

8.6 FLIGHT PLANNING AND SUPERVISION

8.6.1 Flight Plans

8.6.1.1 Submission of a flight plan

(1) A pilot shall file a VFR or IFR flight plan as applicable, prior to operating one of the following—
1. (a) any flight (or portion thereof) to be provided with air traffic control service;
1. (b) any IFR flight within advisory airspace;
1. (c) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATC authority to facilitate the provision of flight information, alerting and search and rescue services;
1. (d) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATC authority to facilitate co-ordination with appropriate military units or with ATC facilities in adjacent states, in order to avoid the possible need for interception for the purpose of identification; and
1. (e) any flight across international borders.

(2) A PIC shall submit a flight plan before departure or during flight, to the appropriate ATC facility, unless arrangements have been made for submission of repetitive flight plans.

(3) Unless otherwise prescribed by the appropriate ATC authority, a pilot shall submit a flight plan to the appropriate ATC facility—
1. (a) at least 60 minutes before departure; or
1. (b) if submitted during flight, at a time which will ensure its receipt by the appropriate ATC facility at least 10 minutes before the aircraft is estimated to reach—
  1. (i) the intended point of entry into a control area or advisory area, or
  1. (ii) the point of crossing an airway or advisory route.

8.6.1.2 Air Traffic Control Flight Plan: Commercial Air Transport

A person shall not takeoff an aircraft in commercial air transport if an ATC flight plan has not been filed, except as authorised by the Authority.

8.6.1.3 Contents of a Flight Plan

A person filing an IFR or VFR flight plan shall include in it the following information—
1. (a) aircraft identification;
1. (b) flight rules and type of flight;
1. (c) number and type(s) of aircraft and wake turbulence category;
1. (d) equipment;
1. (e) departure aerodrome and alternate (if required);
1. (f) estimated off-block time;
1. (g) cruising speed(s);
1. (h) cruising level(s);
1. (i) route to be followed;
1. (j) destination aerodrome and alternate (if required);
1. (k) fuel endurance;
1. (l) total number of persons on board;
1. (m) emergency and survival equipment; and
1. (n) any other information.

Note: Whatever the purpose for which it is submitted, a flight plan shall contain information, as applicable, on relevant items up to and including “alternate aerodrome(s)” regarding the whole route or the portion thereof for which the flight plan is submitted.

8.6.1.4 Planned Reclearance

If a person determines during flight planning that there is a possibility, depending on fuel endurance, that a flight may be able to change destinations and still comply with minimum fuel supply planning requirements, that person shall notify the appropriate ATC facility of this possibility when the flight plan is submitted.

Note: The intent of this provision is to facilitate a new clearance to a revised destination, normally beyond the filed destination aerodrome.

8.6.1.5 Changes to a Flight Plan

(1) A pilot shall report as soon as practicable to the appropriate ATC Facility any change which occurs to a flight plan submitted for an IFR flight or a VFR flight operated as a controlled flight.

(2) A pilot shall report as soon as practicable to the appropriate ATC Facility any significant changes for VFR flights other than those operated as controlled flight.

(3) Operational instructions involving a change to the ATC flight plan shall be, when practicable, coordinated with the appropriate ATC facility before transmission to the aircraft

Note: Information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at time of departure, constitutes a significant change and shall be reported.

8.6.1.6 Closing a Flight Plan

(1) A PIC shall make a report of arrival either in person or by radio to the appropriate ATC facility at the earliest possible moment after landing at the destination aerodrome, unless ATC automatically closes a flight plan.

(2) When a flight plan has been submitted for a portion of a flight, but not the arrival at destination, the pilot shall close that flight plan en route with the appropriate ATC facility.

(3) When no ATC facility exists at the arrival aerodrome, the pilot shall contact the nearest ATC facility to close the flight plan as soon as practicable after landing and by the quickest means available.

(4) A Pilot shall include the following elements of information in his or her arrival reports—
1. (a) aircraft identification;
1. (b) departure aerodrome;
1. (c) destination aerodrome (only in the case of a diversionary landing);
1. (d) arrival aerodrome; and
1. (e) time of arrival.

8.6.2 Flight Planning and Preparation

8.6.2.1 Aircraft Airworthiness and Safety precautions

(1) A PIC shall not operate a civil aircraft in flight until he or she is satisfied that—
1. (a) the aircraft is airworthy, duly registered and that appropriate certificates are aboard the aircraft;
1. (b) the instruments and equipment installed in the aircraft are appropriate, taking into account the expected flight conditions; and
1. (c) any necessary maintenance has been performed and a maintenance release, if applicable, has been issued in respect to the aircraft.

(2) For commercial air transport operations, a PIC shall certify by signing the aircraft technical log that he or she is satisfied that the requirements of paragraph (1) have been met for a particular flight.

8.6.2.2 Adequacy of Operating Facilities

A person shall not commence a flight unless it has been determined by every reasonable means available that the ground and/or water areas and facilities available and communication facilities and navigation aids directly required for such flight and for the safe operation of the aircraft, are adequate.

Note: “Reasonable means” denotes use, at the point of departure, of information available to the PIC either through official information published by the aeronautical information services or readily obtainable in other sources.

8.6.2.3 Weather Reports and Forecasts

(1) A PIC shall before commencing a flight, ensure that he is familiar with all available meteorological information appropriate to the intended flight.

(2) A PIC shall include, during preparation for a flight away from the vicinity of the place of departure, and for every flight under the instrument flight rules—
1. (a) a study of available current weather reports and forecasts; and
1. (b) the planning of an alternative course of action to provide for the eventuality that the flight cannot be completed as planned, because of adverse weather conditions.

8.6.2.4 Limitations for VFR Flights

(1) A person shall not commence a flight to be conducted in accordance with VFR unless available current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route, or that part of the route to be flown under VFR, will, at the appropriate time, allow VFR operations.

(2) A person shall not conduct a flight in accordance with VFR during the period of darkness between half an hour after sunset and half an hour before sunrise.

8.6.2.5 IFR Destination Aerodromes

A person shall not commence an IFR flight unless the available information indicates that the weather conditions at the aerodrome of intended landing and, if required, at least one suitable alternate at the estimated time of arrival, will be at or above the—
1. (a) minimum ceiling and visibility values for the standard instrument approach procedure to be used; or
1. (b) minimum operating altitude, if no instrument approach procedure is to be used, that would allow a VMC decent to the aerodrome.

Note: A partial exception is granted for commercial air transport IFR flight planning, to the effect that the weather at the destination does not have to be at or above the approach minima to release and commence a flight, as long as the designated alternate aerodrome meets the IFR weather selection criteria.

8.6.2.6 IFR Destination Alternate requirement

(1) A person shall not commence an IFR flight in an aircraft without at least one destination alternate aerodrome listed in the flight plan unless—
1. (a) there is a standard instrument approach procedure prescribed for the aerodrome of intended landing by the jurisdictional authorities; and
1. (b) there is available current meteorological information indicating that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival—
  1. (i) a cloud base of at least 300 m (1,000 ft) above the minimum associated with the instrument approach procedure, and
  1. (ii) visibility of at least 5.5 km or of 4 km more than the minimum associated with the procedure.

(2) The ceiling and visibility requirements of paragraph (a) may be reduced upon approval of the Authority for—
1. (a) helicopters; or
1. (b) commercial air transport where no suitable destination alternate exists.

8.6.2.7 IFR Alternate Aerodrome Selection Criteria

(1) If alternate minimums are published, a PIC shall not designate an alternate aerodrome in an IFR flight plan unless the current available forecast indicates that the meteorological conditions at that alternate at the ETA will be at or above those published alternate minimums.

(2) If alternate minimums are not published, and if there is no prohibition against using the aerodrome as an IFR planning alternate, a PIC shall ensure that the meteorological conditions at that alternate at the ETA will be at or above—
1. (a) for a precision approach procedure, a ceiling of at least 200 meters (600 feet) and visibility of not less than 2 statue miles; or
1. (b) for a non-precision approach procedure, a ceiling of at least 300 meters (800 feet) and visibility of not less than 2 statute miles.

8.6.2.8 Off-Shore Alternates for helicopter Operations

(1) A person shall not designate an offshore alternate landing site when it is possible to carry enough fuel to have an on-shore alternate landing site.

Note: The selection of offshore alternates should be exceptional cases, the details of which have been approved by the Authority, and should not include payload enhancement in IMC.

(2) A person selecting an off-shore alternate landing site shall consider the following:
1. (a) until the point of no return, using an on-shore alternate. The offshore alternate may be used only after a point of no return;
1. (b) attaining one engine inoperative performance capability prior to arrival at the alternate;
1. (c) guaranteeing helideck availability;
1. (d) the weather information at the helideck shall be available from a source approved by the Authority;
1. (e) for IFR operations, an instrument approach procedure shall be prescribed and available.

Note: The landing technique specified in the flight manual following control system failure may preclude the selection of certain helidecks as alternate aerodromes. The mechanical reliability of critical control systems shall be taken into account when determining the suitability and necessity for an offshore alternate.

8.6.2.9 Takeoff Alternate Aerodromes: Commercial Air Transport Operations

(1) A person shall not release or takeoff an aircraft without a suitable takeoff alternate specified in the flight release if it would not be possible to return to the aerodrome of departure.

(2) A operator shall ensure that each takeoff alternate specified shall be located within—
1. (a) for 2-engine aircraft, one hour flight time at single-engine cruise speed unless the aircraft and crews are authorised for ETOPS; or
1. (b) for 3 or 4-engine aircraft, 2 hours flight time based on the one-engine-inoperative cruising speed.

Note: All calculations are based on the one-engine-inoperative cruising speed according to the AFM in still air conditions, based on the actual takeoff mass.

8.6.2.10 Maximum Distance from an adequate Aerodrome for Two Engined Aeroplanes without an Etops Approval

(1) Unless specifically approved by the Authority (ETOPS Approval), an AOC holder shall not operate a two-engined aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of—
1. (a) large, turbine engine powered aeroplanes the distance flown in 60 minutes at the one-engineinoperative cruise speed determined in accordance with paragraph (2) with either:
  1. (i) a maximum approved passenger seating configuration of 20 or more, or
  1. (ii) a maximum take-off mass of 45360kg or more;
1. (b) reciprocating engine powered aeroplanes:
  1. (i) the distance flown in 120 minutes at the one-engine-inoperative cruise speed determined in accordance with paragraph (2), or
  1. (ii) 300 nautical miles, whichever is less.

(2) An AOC holder shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each 2-engined aeroplane type or variant operated, not exceeding Vmo based upon the true airspeed that the aeroplane can maintain with one-engine inoperative under the following conditions:
1. (a) international Standard Atmosphere;
1. (b) level flight for turbine engined powered aeroplanes at:
  1. (i) FL 170, or
  1. (ii) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less;
1. (c) for propeller driven aeroplanes:
  1. (i) FL 80, or
  1. (ii) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less;
1. (d) maximum continuous thrust or power on the remaining operating engine;
1. (e) an aeroplane mass not less than that resulting from:
  1. (i) take-off at sea-level at maximum take-off mass until the time elapsed since take-off is equal to the applicable threshold prescribed in paragraph (1),
  1. (ii) all engines climb to the optimum long range cruise altitude until the time elapsed since takeoff is equal to the applicable threshold prescribed in paragraph (1), and
  1. (iii) all engines cruise at the long range cruise speed at this altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in paragraph (1).

(3) An AOC holder shall ensure that the following data, specific to each type or variant, is included in the Operations Manual:
1. (a) the one-engine-inoperative cruise speed determined in accordance with paragraph (2); and
1. (b) the maximum distance from an adequate aerodrome determined in accordance with paragraphs (1) and (2).

Note: The speeds and altitudes (flight levels) specified above are only intended to be used for establishing the maximum distance from an adequate aerodrome.

8.6.2.11 Extended range Operations with Two-Engined Aeroplanes

(1) An AOC holder shall not conduct operations beyond the threshold distance determined in accordance with 8.6.2.10 unless approved to do so by the Authority.

(2) Prior to conducting an ETOPS flight, an AOC holder shall ensure that a suitable ETOPS enroute alternate is available, within either the approved diversion time or a diversion time based on MEL generated serviceability status of the aeroplane, whichever is shorter.

8.6.2.12 En Route Alternate Aerodromes: ETOPS Operations

(1) A PIC shall ensure that the required en route alternates for ETOPS are selected and specified in ATC flight plans in accordance with the ETOPS diversion time approved by the Authority.

(2) A person shall not select an aerodrome as an ETOPS en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that during a period commencing one hour before and ending one hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima prescribed in the table below, and in accordance with the operator's ETOPS approval.

Note: The forecast weather criteria used in the selection of alternate aerodromes for IFR flight will also be used for the selection of ETOPS alternates.

Note 1: Runways on the same aerodrome are considered to be separate runways when they are separate landing surfaces which may overlay or cross such that if one of the runways is blocked, it will not prevent the planned type of operations on the other runway and each of the landing surfaces has a separate approach based on a separate aid.

8.6.2.13 Fuel, Oil, and Oxygen Planning and Contingency Factors

(1) A person shall not commence a flight unless he or she takes into account the fuel, oil, and oxygen needed, including any reserves to be carried for contingencies to ensure the safe completion of the flight.

(2) A person computing the required minimum fuel supply shall ensure that additional fuel, oil, and oxygen are carried to provide for the increased consumption that would result from any of the following contingencies—
1. (a) expected winds or other meteorological conditions;
1. (b) possible variations in ATC routings;
1. (c) anticipated traffic delays;
1. (d) a complete instrument approach procedure and possible missed approach at destination;
1. (e) loss of pressurisation en route;
1. (f) loss of one power-unit en route; and
1. (g) any other conditions that may delay landing of the aircraft or increase fuel and oil consumption.

(3) A person computing the required minimum fuel supply shall ensure that, for flights of more than 2,000 nm, the minimum fuel supply calculation includes an additional amount of fuel equal to that necessary to fly 10% of the total time for the flight from takeoff to destination.

(4) A PIC shall not commence a flight to an aerodrome where no suitable alternate aerodrome is available because the destination aerodrome is isolated, without enough reserve fuel for 2 additional hours flight at normal cruise consumption, at 1,500 feet above the aerodrome.

(5) The Authority may grant specific approval for commercial air transport operations to isolated aerodromes without regard to consumption requirement of paragraph (4).

Note: If the Authority requires that fuel, in addition to any other requirement herein, is necessary on a particular route or flight operation in the interest of safety, this additional fuel will be included in the minimum fuel supply for that route.

8.6.2.14 Minimum Fuel Supply for VFR Flights

(1) A person shall not commence a flight in an aeroplane under VFR unless, considering the wind and forecast weather conditions, there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—
1. (a) at least 30 minutes thereafter; and
1. (b) for international flights, for at least an additional 15% of the total flight time calculated for cruise flight.

(2) A person shall not commence a flight in a helicopter under VFR unless (considering the wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—
1. (a) for 20 minutes thereafter; or
1. (b) for international flights, for at least an additional 10% of the total flight time calculated.

8.6.2.15 Minimum Fuel Supply for IFR Flights

(1) A person shall not commence a flight under IFR unless there is enough fuel supply, considering weather reports and forecasts, to—
1. (a) fly to the first point of intended landing;
1. (b) fly from that aerodrome to the planned alternate aerodrome, if required; and
1. (c) fly thereafter for a period of:
  1. (i) in a propeller-driven aeroplane, for 45 minutes,
  1. (ii) in a rotorcraft, turbojet or turbofan aeroplane, for 30 minutes at holding speed at 450 m (1,500 ft) above the aerodrome, plus a reserve for contingencies specified by the operator and approved by the Authority.

(2) For IFR flights to isolated aerodromes, the 2-hour minimum reserve specified in 8.6.2.13 applies, except paragraph 8.6.2.13 (5) shall not apply to commercial air transport operations unless specifically approved by the Authority.

8.6.2.16 Flight Planning Document Distribution and retention: Commercial Air Transport

(1) A PIC shall complete and sign the following flight preparation documents prior to the departure for commercial operations:
1. (a) an operational flight plan (when required), including NOTAMs and weather pertinent to the flight planning decisions regarding minimum fuel supply, en route performance, and destination and alternate aerodromes;
1. (b) a load manifest, showing the distribution of the load, centre of gravity, takeoff and landing weights and compliance with maximum operating weight limitations, and performance analysis;
1. (c) an applicable technical log page, if mechanical irregularities were entered after a previous flight, maintenance or inspection functions were performed or a maintenance release was issued at the departure aerodrome.

(2) A person shall not takeoff an aircraft in commercial air transport unless all flight release documents, signed by the PIC, are retained and available at the point of departure.

(3) A PIC shall carry a copy of the documents specified in paragraph (1) on the aircraft to the destination aerodrome.

(4) The records under this section shall be retained for a period of 6 months.

Note: These documents are in addition to those specified in Subpart 8.2 for all aircraft operations.

Note: The Authority may approve a different retention location where all documents can be available for subsequent review.

8.6.2.17 Aircraft Loading, Mass and Balance

(1) A person shall not operate an aircraft unless all loads carried on the aircraft are properly distributed and safely secured.

(2) A person shall not operate an aircraft unless the calculations for the mass of the aircraft and centre of gravity location indicate that the flight can be conducted safely, taking into account the flight conditions expected. (See Note 1).

(3) All weights used for the calculations for the mass of the aircraft must be of the same calibration standard. (See Note 2).

(4) For commercial air transport operations, a PIC shall not commence a flight unless the PIC is satisfied that the loading and mass and balance calculations contained in the load manifest are accurate and comply with the aircraft limitations.

Note 1: When load masters, load planners or other qualified personnel are provided by the AOC holder in a commercial air transport operation, the PIC may delegate these responsibilities, but shall ascertain that proper loading procedures are followed.

Note 2: If fuel gauges are calibrated in pounds then the load manifest calculations shall be in pounds.

8.6.2.18 Maximum Allowable weights to be considered on all load manifests

A PIC shall ensure that the maximum allowable weight for a flight does not exceed the maximum allowable takeoff weight—
1. (a) for the specific runway and conditions existing at the takeoff time; and
1. (b) considering anticipated fuel and oil consumption that allows compliance with applicable en route performance, landing weight, and landing distance limitations for destination and alternate aerodromes.

8.6.2.19 Flight Release Required: Commercial Air Transport

(1) A person shall not commence a flight under a flight following system without specific authority from the person authorised by the AOC holder to exercise operational control over the flight.

(2) A person shall not commence a passenger-carrying flight in commercial air transport for which there is a published schedule, unless a qualified person authorised by the AOC holder to perform operational control functions has issued a flight release for that specific operation or series of operations.

8.6.2.20 Operational Flight Plan: Commercial Air Transport

(1) A person shall not commence a flight in excess of one hour, unless the operational flight plan has been signed by the PIC.

(2) A PIC shall sign the operational flight plan only when the PIC and the person authorised by the operator to exercise operational control have determined that the flight can be safely completed.

Note: The operational flight plan shall include the routing and fuel calculations, with respect to the meteorological and other factors expected, to complete the flight to the destination and all required alternates.

(3) A PIC signing the operational flight plan shall have access to the applicable flight planning information for fuel supply, alternate aerodromes, weather reports and forecasts and NOTAMs for the routing and aerodrome.

(4) A person shall not continue a flight from an intermediate aerodrome without a new operational flight plan if the aircraft has been on the ground more than 6 hours.

8.7 AIRCRAFT OPERATING AND PERFORMANCE LIMITATIONS

8.7.1 All Aircraft

8.7.1.1 Applicability

This Section prescribes the operating and performance limitations for all civil aircraft.

8.7.1.2 General

A person shall not operate an aircraft in a manner that—
1. (a) exceeds its designed performance limitations for any operation, as established by the State of Registry; or
1. (b) exceeds operating limitations contained in the aircraft's flight manual, or its equivalent.

8.7.1.3 Aircraft Performance Calculations

(1) An operator of an aircraft shall ensure that the performance data contained in the AFM, RFM, or other authorised source is used to determine compliance with the appropriate requirements of Subpart 8.7.

(2) When applying performance data, a person performing calculations shall account for the aircraft configuration, environmental conditions, and the operation of any system or systems which may have an adverse effect on performance.

8.7.1.4 General weight and Obstruction Clearance Limitations

(1) A person shall not takeoff an aircraft without ensuring that the maximum allowable weight for a flight does not exceed the maximum allowable takeoff or landing weight, or any applicable en route performance or landing distance limitations considering the—
1. (a) condition of the takeoff and landing areas to be used;
1. (b) gradient of runway to be used (landplanes only);
1. (c) pressure altitude;
1. (d) ambient temperature;
1. (e) current and forecast winds; and
1. (f) any known conditions (e.g., atmospheric and aircraft configuration) which may adversely affect performance.

(2) A person shall not takeoff an aircraft at a weight that, assuming normal engine operation, cannot safely clear all obstacles during all phases of flight, including all points along the intended en route path or any planned diversions.

8.7.2 Aircraft Used in Commercial Air Transport

8.7.2.1 Applicability

This Section prescribes aircraft performance and operating limitations for aircraft used in commercial air transport operations, except those aircraft holding a special authority or waiver by the Authority which exempt them from specific operating and performance limitations.

8.7.2.2 General

(1) A person operating an aircraft engaged in commercial air transport shall comply with the provisions of Section 8.7.2.

(2) The Authority may authorise deviations from the requirements of Section 8.7.2 if special circumstances make a literal observance of a requirement unnecessary for safety.

(3) Where full compliance with the requirements of Section 8.7.2 cannot be shown due to specific design characteristics (e.g., seaplanes, airships, or supersonic aircraft), the operator shall apply approved performance standards that ensure a level of safety not less restrictive than those of relevant requirements of this Section.

(4) A Single-engine turbine airplane shall only be operated in conditions of weather and light, and over such routes and diversions that permit a safe forced landing to be executed in the event of engine failure.

(5) A person shall not operate a multiengine airplane used for revenue passenger carrying operations that is unable to comply with any of the performance limitations of subsections 8.7.2.4 through 8.7.2.8 unless that aircraft is continually operated—
1. (a) in daylight;
1. (b) in VFR ; and
1. (c) at a weight that will allow it to climb, with the critical engine inoperative, at least 50 feet a minute when operating at the MEAs of the intended route or any planned diversion, or at 5,000 feet MSL, whichever is higher.

(6) A multiengine airplane that is unable to comply with paragraph (5)(c) is, for the purpose of this Section, considered to be a single engine aircraft and shall comply with the requirements of paragraph (4).

(7) A helicopter intended to be flown over water shall be fitted with a permanent or rapidly deployable means of flotation so as to ensure a safe ditching of the helicopter when:
1. (a) flying over water at a distance from land corresponding to more than 10 minutes at normal cruise speed in the case of performance Class 1 or 2 helicopters; or
1. (b) flying over water beyond autorotational or safe forced landing distance from land in the case of performance Class 3 helicopters.

Note. All helicopters on flights over water in accordance with 8.7.2.2 (7) shall be certificated for ditching. Sea state shall be an integral part of the ditching information.

8.7.2.3 Aircraft Performance Calculations

(1) A person shall not takeoff an aircraft used in commercial air transport without ensuring that the applicable operating and performance limitations required for this Section can be accurately computed based on the AFM, RFM, or other data source approved by the Authority.

(2) A person calculating performance and operating limitations for aircraft used in commercial air transport shall ensure that performance data used to determine compliance with this Section can, during any phase of flight, accurately account for—
1. (a) any reasonably expected adverse operating conditions that may affect aircraft performance;
1. (b) one engine failure for aircraft having two engines, if applicable; and
1. (c) 2 engine failures for aircraft having 3 or more engines, if applicable.

(3) A person performing the calculations for the performance and limitation requirements of subsections 8.7.2.4 to 8.7.2.8 shall, for all engines operating and for inoperative engines, accurately account for—
1. (a) in all phases of flight—
  1. (i) the effect of fuel and oil consumption on aircraft weight,
  1. (ii) the effect of fuel consumption on fuel reserves resulting from changes in flight paths, winds, and aircraft configuration,
  1. (iii) the effect of fuel jettisoning on aircraft weight and fuel reserves, if applicable and approved,
  1. (iv) the effect of any ice protection system, if applicable and weather conditions require its use,
  1. (v) ambient temperatures and winds along intended route and any planned diversion,
  1. (vi) flight paths and minimum altitudes required to remain clear of obstacles;
1. (b) during takeoff and landing—
  1. (i) the condition of the takeoff runway or area to be used, including any contaminates (e.g., water, slush, snow, ice),
  1. (ii) the gradient of runway to be used,
  1. (iii) the runway length including clearways and stopways, if applicable,
  1. (iv) pressure altitudes at takeoff and landing sites,
  1. (v) current ambient temperatures and winds at takeoff,
  1. (vi) forecast ambient temperatures and winds at each destination and planned alternate landing site,
  1. (vii) the ground handling characteristics (e.g., braking action) of the type of aircraft, and
  1. (viii) landing aids and terrain that may affect the takeoff path, landing path, and landing roll.

Note: Where conditions are different from those on which the performance is based, compliance may be determined by interpolation or by computing the effects of changes in the specific variables, if the results of the interpolation or computations are substantially as accurate as the results of direct tests.

Note: To allow for wind effect, takeoff data based on still air may be corrected by taking into account not more than 50 per cent of any reported headwind component and not less than 150 per cent of any reported tailwind component, and landing data based on.

8.7.2.4 Takeoff Limitations

(1) Aeroplanes. A person shall not takeoff an aeroplane used in commercial air transport unless the following requirements are met when determining the maximum permitted take-off mass:
1. (a) the takeoff run shall not be greater than the length of the runway;
1. (b) for turbine engine powered aeroplanes—
  1. (i) the takeoff distance shall not exceed the length of the runway plus the length of any clearway, except that the length of any clearway included in the calculation shall not be greater than 1/2 the length of the runway, and
  1. (ii) the accelerate-stop distance shall not exceed the length of the runway, plus the length of any stopway, at any time during takeoff until reaching V1;
1. (c) for reciprocating engine powered aeroplanes the accelerate-stop distance shall not exceed the length of the runway at any time during takeoff until reaching V1;
1. (d) if the critical engine fails at any time after the aeroplane reaches V1, to continue the takeoff flight path and clear all obstacles either—
  1. (i) by a height of at least 9.1 m (35 ft) vertically for turbine engine powered aeroplanes or 15.2 m (50 ft) for reciprocating engine powered aeroplanes, and
  1. (ii) by at least 60 m (200 ft) horizontally within the aerodrome boundaries and by at least 90 meters (300 feet) horizontally after passing the boundaries, without banking more than 15 degrees at any point on the takeoff flight path.

(2) Helicopters. A person shall not takeoff a helicopter used in commercial air transport that, in the event of a critical engine failure, cannot—
1. (a) for Class 1 helicopters—
  1. (i) at or before the takeoff decision point, discontinue the takeoff and stop within the rejected takeoff area, or
  1. (ii) after the takeoff decision point, continue the takeoff and then climb, clearing all obstacles along the flight path, until a suitable landing site is found;
1. (b) for Class 2 helicopters—
  1. (i) before reaching a defined point after take-off, safely execute a forced landing within the rejected takeoff area, or
  1. (ii) at any point after reaching a defined point after take-off, continue the takeoff and then climb, clearing all obstacles along the flight path, until a suitable landing site is found;
1. (c) Performance Class 3 helicopters shall only be operated in conditions of weather and light, and over such routes and diversions therefrom, that permit a safe forced landing to be executed in the event of engine failure.

(3) Only performance Class 1 helicopters shall be permitted to operate from elevated heliports in congested areas.

8.7.2.5 En Route Limitations: All Engines Operating

A person shall not take off a reciprocating engine powered aeroplane used in commercial air transport at a weight that does not allow a rate of climb of at least 6.9 Vso, (that is, the number of feet per minute obtained by multiplying the aircraft's minimum steady flight speed by 6.9) with all engines operating, at an altitude of at least 300 m (1,000 ft) above all terrain and obstructions within 10 miles of each side of the intended track.

8.7.2.6 En Route Limitations: One engine Inoperative

(1) Aeroplane. A person shall not take off an aeroplane used in commercial air transport having two engines unless that aeroplane can, in the event of a power failure at the most critical point en route, continue the flight to a suitable aerodrome where a landing can be made while allowing—
1. (a) for reciprocating engine powered aeroplanes—
  1. (i) at least a rate of climb of 0.079 - (0.106/number of engines installed) Vso2 (when Vso is expressed in knots) at an altitude of 300 m (1,000 ft) above all terrain and obstructions within 9.3 km (5 sm), on each side of the intended track, and
  1. (ii) a positive slope at an altitude of at least 450 m (1,500 ft) above the aerodrome where the aeroplane is assumed to land;
1. (b) for turbine engine powered transport category aeroplanes—
  1. (i) a positive slope at an altitude of at least 300 m (1,000 ft) above all terrain and obstructions within 9.3 km (5 sm), on each side of the intended track,
  1. (ii) a net flight path from cruising altitude to the intended landing aerodrome that allows at least 600 m (2,000 ft) clearance above all terrain and obstructions within 9.3 km (5 sm), on each side of the intended track, and
  1. (iii) a positive slope at an altitude of at least 450 m (1,500 ft) above the aerodrome where the aeroplane is assumed to land.

Note: The climb rate specified in paragraph (a)(1)(i) may be amended to 0.026 Vso2 for large transport category aircraft issued a type certificate prior to 1953.

Note: The 9.3 km (5 sm) clearance margin stated in paragraph (a) shall be increased to 18.5 km (10 sm) if navigational accuracy does not meet the 95% containment level.

(2) Helicopter. A person shall not takeoff a helicopter used in commercial air transport having two engines unless that helicopter can, in the event of the critical engine failing and any point in the en route phase, continue the flight to the destination or alternate landing site without flying below the minimum flight altitude at any point and clearing all obstacles in the approach path by a safe margin.

8.7.2.7 En Route Limitations: Two Engines Inoperative

(1) Aeroplane. A person shall not takeoff an aeroplane used in commercial air transport having three or more engines at such a weight where there is no suitable landing aerodrome within 90 minutes at any point along the intended route (with all engines operating at cruising power), unless that aircraft can, in the event of simultaneous power failure of 2 critical engines at the most critical point along that route, continue to a suitable landing aerodrome while allowing—
1. (a) for turbine engine powered aeroplanes—
  1. (i) a net flight path (considering the ambient temperatures anticipated along the track) clearing vertically by at least 2,000 feet all terrain and obstructions within 5 statute miles (4.34 nautical miles) on each side of the intended track,
  1. (ii) a positive slope at 1,500 feet above the aerodrome of intended landing, and
  1. (iii) enough fuel to continue to the aerodrome of intended landing, to arrive at an altitude of at least 1,500 feet directly over the aerodrome, and thereafter to fly for 15 minutes at cruise power;

Note: The consumption of fuel and oil after the engine failure is the same as the consumption that is allowed for in the net flight path data in the AFM.

(b) for reciprocating engine powered aeroplanes—
1. (i) A rate of climb at 0.013 Vso2 feet per minute (that is, the number of feet per minute is obtained by multiplying the number of knots squared by 0.013) at an altitude of 1,000 feet above the highest ground or obstruction within 10 miles on each side of the intended track, or at an altitude of 5,000 feet, which ever is higher, and
1. (ii) enough fuel to continue to the aerodrome of intended landing and to arrive at an altitude of at least 300 m (1,000 ft) directly over that aerodrome.

Note: When the 2 engines of the reciprocating aeroplane are predicted to fail at an altitude above the prescribed minimum altitude, compliance with the prescribed rate of climb need not be shown during the descent from the cruising altitude to the prescribed minimum altitude, if those requirements can be met once the prescribed minimum altitude is reached, and assuming descent to be along a net flight path and the rate of descent to be 0.013 Vso2 greater than the rate in the approved performance data.

Note: If fuel jettisoning is authorised (or planned), the aeroplane's weight at the point where the two engines fail is considered to be not less than that which would include enough fuel to proceed to an aerodrome and to arrive at an altitude of at least 300 m (1,000 ft) directly over that aerodrome.

(2) Helicopters. A person shall not takeoff a Class 1 or Class 2 helicopter used in commercial air transport having 3 or more engines unless that helicopter can, in the event of 2 critical engines failing simultaneously at any point in the en route phase, continue the flight to a suitable landing site.

8.7.2.8 Landing Limitations

(1) Aeroplane. A person shall not take off an aeroplane used in commercial operations unless its weight on arrival at either the intended destination aerodrome or any planned alternate aerodrome would allow a full stop landing from a point 50 feet above the intersection of the obstruction clearance plane and the runway, and within—
1. (a) for turbine engine powered aeroplanes, 60 per cent of the effective length of each runway;
1. (b) for reciprocating engine powered aeroplanes, 70 per cent of the effective length of each runway.

(2) For the purpose of determining the allowable landing weight at the destination aerodrome, each person determining the landing limit shall ensure that—
1. (a) the aeroplane is landed on the most favourable runway and in the most favourable direction, in still air; or
1. (b) the aeroplane is landed on the most suitable runway considering the probable wind velocity and direction, runway conditions, the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain.

Note: If the runway at the landing destination is reported or forecast to be wet or slippery, the landing distance available shall be at least 115 percent of the required landing distance unless, based on a showing of actual operating landing techniques on wet or slippery runways, a shorter landing distance (but not less than that required by paragraph (a)) has been approved for a specific type and model aeroplane and this information is included in the AFM.

(3) A turbine powered transport category aeroplane that would be prohibited from taking off because it could not meet the requirements of paragraph (1) (a), may take off if an alternate aerodrome is specified that meets all the requirements of paragraph (1).

(4) Helicopters. No person may take off a helicopter used in commercial air transport unless, with all engines operating on arrival at the intended destination landing site or any planned alternate landing, it can clear all obstacles on the approach path and can land and stop within the landing distance available.

(5) Helicopters. A person shall not take off a helicopter used in commercial air transport unless, in the event of any engine becoming inoperative in the approach and landing phase on arrival at the intended destination landing site or any planned alternate landing, can—
1. (a) for Class 1 helicopters—
  1. (i) before the landing decision point, clear all obstacles on the approach path and be able to land and stop within the landing distance available or to perform a balked landing and clear all obstacles in the flight path by an adequate margin, or
  1. (ii) after the landing decision point, land and stop within the landing distance available;
1. (b) for Class 2 and Class 3 helicopters before reaching a defined point before landing, safely execute a forced landing within the landing distance available.

8.8 FLIGHT RULES

8.8.1 All Operations

8.8.1.1 Operation of Aircraft on the Ground

(1) A person shall not taxi an aircraft on the movement area of an aerodrome unless the person at the controls—
1. (a) has been authorised by the owner, the lessee, or a designated agent;
1. (b) is fully competent to taxi the aircraft;
1. (c) is qualified to use the radio if radio communications are required; and
1. (d) has received instructions from a competent person in respect of aerodrome layout, and where appropriate, information on routes, signs, marking, lights, ATC signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aircraft movement at the aerodrome.

(2) A person shall not cause a helicopter rotor to be turned under power unless there is a qualified pilot at the controls.

8.8.1.2 Takeoff Conditions

Before commencing takeoff, a PIC shall ensure that—
1. (a) according to the available information, the weather at the aerodrome and the condition of the runway intended to be used will allow for a safe takeoff and departure; and
1. (b) the RVR or visibility in the takeoff direction of the aircraft is equal to or better than the applicable minimum.

8.8.1.3 Flight Into Known or Expected Icing

(1) A person shall not takeoff an aircraft or continue to operate an aircraft en route when icing conditions are expected or encountered, without ensuring that the aircraft is certified for icing operations and has sufficient operational de-icing or anti-icing equipment.

(2) A person shall not takeoff an aircraft when frost, ice or snow is adhering to the wings, control surfaces, propellers, engine inlets or other critical surfaces of the aircraft which might adversely affect the performance or controllability of the aircraft.

(3) For commercial air transport operations, a person shall not takeoff an aircraft if conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, unless the procedures approved for the AOC holder by the Authority are followed to ensure ground de-icing and anti-icing is accomplished.

8.8.1.4 Altimeter Settings

A person operating an aircraft shall maintain the cruising altitude or flight level by reference to an altimeter set—
1. (a) below transition level to—
  1. (i) the current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft,
  1. (ii) the current reported altimeter setting of a nearby station, if there is not a station along the route, or
  1. (iii) in the case of an aircraft not equipped with a radio, the elevation of the departure aerodrome or an appropriate altimeter setting available before departure; or
1. (b) above transition altitude to 1013.2 hPa.

Implementing Standard: See IS 8.8.1.4 to determine the lowest usable flight level.

8.8.1.5 Minimum Safe Altitudes: General

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
1. (a) Anywhere. an altitude allowing, if a power unit fails, continuation of flight or an emergency landing without undue hazard to persons or property on the surface;
1. (b) Over congested areas. over any congested area of a city, town, or settlement, or over any open-air assembly of persons, an altitude of 300m (1,000 feet) above the highest obstacle within a horizontal radius of 600m (2,000 feet) of the aircraft;
1. (c) Over other than congested areas. an altitude of 150m (500 feet) above the surface, except over open water or sparsely populated areas where the aircraft may not be operated closer than 150m (500 feet) to any person, vessel, vehicle, or structure;
1. (d) Helicopters. pilots of helicopters are not subject to the proximity restrictions provided they are operate in a manner that is not hazardous to persons and property on the surface. The PIC of a helicopter shall comply with any routes or altitudes for the area that are prescribed for helicopters by the Authority.

8.8.1.6 Minimum Safe Vfr Altitudes: Commercial Air Transport Operations

(1) A person shall not operate an aeroplane in commercial air transport during the day, under VFR, at an altitude less than 1,000 feet above the surface or within 1,000 feet of any mountain, hill, or other obstruction to flight.

(2) A person shall not operate an aircraft in commercial air transport at night, under VFR.

8.8.1.7 Instrument Approach Operating Minima

A person shall not operate to or from an aerodrome using operating minima lower than those which may be established for that aerodrome by the State in which it is located, unless that State specifically approves that operation.

8.8.1.8 Category II And III Operations: General Operating Rules

(1) A person shall not operate a civil aircraft in a Category II or III operation unless—
1. (a) the PIC and Co-Pilot of the aircraft hold the appropriate authorisations and ratings prescribed in 2.2.1.6;
1. (b) each flight crew member has adequate knowledge of, and familiarity with, the aircraft and the procedures to be used; and
1. (c) the instrument panel in front of the pilot who is controlling the aircraft has appropriate instrumentation for the type of flight control guidance system that is being used.

(2) Unless otherwise authorised by the Authority, a person shall not operate a civil aircraft in a Category II or Category III operation unless each ground component required for that operation and the related airborne equipment is installed and operating.

(3) When the approach procedure being used provides for and requires the use of a DH, the authorised DH is the highest of the following:
1. (a) the DH prescribed by the approach procedure;
1. (b) the DH prescribed for the PIC;
1. (c) the DH for which the aircraft is equipped.

(4) Unless otherwise authorised by the Authority, a pilot operating an aircraft in a Category II or Category III approach that provides and requires use of a DH shall not continue the approach below the authorised decision height unless the following conditions are met:
1. (a) the aircraft is in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres, and where that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;
1. (b) at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:
  1. (i) the approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable,
  1. (ii) the threshold,
  1. (iii) the threshold markings,
  1. (iv) the threshold lights,
  1. (v) the touchdown zone or touchdown zone markings,
  1. (vi) the touchdown zone lights.

(5) Unless otherwise authorised by the Authority, a pilot operating an aircraft shall immediately execute an appropriate missed approach whenever, prior to touchdown, the requirements of paragraph (4) of this section are not met.

(6) A person operating an aircraft using a Category III approach without DH shall not land that aircraft except in accordance with the provisions of the letter of authorisation issued by the Authority.

(7) Paragraphs (1) through (6) of this section shall not apply to operations conducted by AOC holders issued a certificate under Part 9.

(8) A person shall not operate a civil aircraft in a Category II or Category III operation conducted by an AOC holder unless the operation is conducted in accordance with that AOC holder's operations specifications.

8.8.1.9 Category II And Category III Manual

(1) Except as provided in paragraph (3) of this section, a person shall not operate a civil aircraft in a Category II or a Category III operation unless—
1. (a) there is available in the aircraft a current and approved Category II or Category III manual, as appropriate, for that aircraft;
1. (b) the operation is conducted in accordance with the procedures, instructions, and limitations in the appropriate manual; and
1. (c) the instruments and equipment listed in the manual that are required for a particular Category II or Category III operation have been inspected and maintained in accordance with the maintenance program contained in the manual.

(2) An operator shall keep a current copy of each approved manual at its principal base of operations and must make each manual available for inspection upon request by the Authority.

(3) Paragraphs (1) and (2) shall not apply to operations conducted by an AOC holder issued a certificate under Part 9.

Implementing Standard: See IS 8.8.1.9 for specific Category II manual requirements.

8.8.1.10 Authorisation For Deviation From Certain Category II Operations

The Authority may authorise deviations from the requirements of 8.8.1.8 and 8.8.1.9 for the operation of small aircraft in Category II operations if the Authority finds that the proposed operation can be safely conducted.

Note: Such authorisation does not permit operation of the aircraft carrying persons or property for compensation or hire.

8.8.1.11 Diversion Decision

(1) Except as provided in paragraph (2), the PIC shall land the aircraft at the nearest suitable aerodrome at which a safe landing can be made whenever an engine of an aircraft fails or is shut down to prevent possible damage.

(2) If not more than one engine of an aeroplane having three or more engines fails, or its rotation is stopped, the PIC may proceed to an aerodrome if he or she decides that proceeding to that aerodrome is as safe as landing at the nearest suitable aerodrome after considering the—
1. (a) nature of the malfunction and the possible mechanical difficulties that may occur if the flight is continued;
1. (b) altitude, weight, and usable fuel at the time of engine stoppage;
1. (c) weather conditions en route and at possible landing points;
1. (d) air traffic congestion;
1. (e) kind of terrain; and
1. (f) familiarity with the aerodrome to be used.

8.8.1.12 Operating Near Other Aircraft

(1) A person shall not operate an aircraft so close to another aircraft as to create a collision hazard.

(2) A person shall not operate an aircraft in formation flight except by arrangement with the PIC of each aircraft in the formation.

(3) A person shall not operate an aircraft, carrying passengers for hire, in formation flight.

8.8.1.13 Right-of-way Rules: Except Water Operations

(1) General.
1. (a) a pilot shall maintain vigilance so as to see and avoid other aircraft;
1. (b) when a rule of this subsection gives another aircraft the right-ofway, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.

(2) In distress. An aircraft in distress has the right-of-way over all other air traffic.

(3) Converging.
1. (a) when aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other's right has the right-of-way;
1. (b) if the converging aircraft are of different categories—
  1. (i) a balloon has the right-of-way over any other category of aircraft,
  1. (ii) a glider has the right-of-way over an airship, aeroplane, or rotorcraft, and
  1. (iii) an airship has the right-of-way over an aeroplane or rotorcraft.

(4) Towing or refuelling. An aircraft towing or refuelling any other aircraft shall have the right-of- way over all other engine-driven aircraft, except aircraft in distress.

(5) Approaching head-on. When 2 or more aircraft are approaching each other head-on, or nearly so, the pilot of each aircraft shall alter course to the right.

(6) Overtaking. An aircraft that is being overtaken shall have the rightof- way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.

(7) Landing. An aircraft, while on final approach to land or while landing, shall have the right-of-way over other aircraft in flight or operating on the surface.

Note: The PIC may not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach.

(8) More than one landing aircraft. When 2 or more aircraft are approaching an aerodrome for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way.

Note: The PIC will not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.

8.8.1.14 Right-of-way Rules: Water Operations

(1) General. A person operating an aircraft on the water shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way by any rule of this subsection.

(2) Crossing. When an aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-ofway.

(3) Approaching head-on. When an 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) Overtaking. An aircraft or vessel that is being overtaken shall have the right-of-way, and the one overtaking shall alter course to keep well clear.

(5) Special circumstances. When an aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, the aircraft or the vessel shall proceed with care having regard to the existing circumstances, including the limitations of the respective craft.

8.8.1.15 Use Of Aircraft Lights

(1) If an aircraft has red rotating beacon lights installed, the pilot shall switch the lights on prior to starting engines and shall display them at all times when the engines are running.

(2) A person shall not operate an aircraft between the period from sunset to sunrise unless—
1. (a) it has lighted navigation lights; and
1. (b) if anticollision lights are installed, those lights are lighted.

Note: A pilot is permitted to switch off or reduce the intensity of any flashing lights if they do or are likely to adversely affect the satisfactory performance of duties or to subject an outside observer to harmful dazzle.

(3) A person shall not park or move an aircraft at night in, or in a dangerous proximity to, a movement area of an aerodrome, unless the aircraft—
1. (a) is clearly illuminated;
1. (b) has lighted navigation lights; or
1. (c) is in an area that is marked by obstruction lights.

(4) A person shall not anchor an aircraft unless that aircraft—
1. (a) has lighted anchor lights; or
1. (b) is in an area where anchor lights are not required on vessels.

8.8.1.16 Simulated Instrument Flight

(1) A person shall not operate an aircraft in simulated instrument flight unless—
1. (a) that aircraft has fully functioning dual controls;
1. (b) the other control seat is occupied by a safety pilot who holds at least a private pilot licence with category and class ratings appropriate to the aircraft being flown; and
1. (c) the safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot.

(2) A person shall not engage in simulated instrument flight conditions during commercial air transport operations.

8.8.1.17 Inflight Simulation of Abnormal Situations

A person shall not simulate an abnormal or emergency situation during commercial air transport operations.

8.8.1.18 Dropping, Spraying, Towing

Except under conditions prescribed by the Authority, a pilot shall not take the following actions—
1. (a) dropping, dusting or spraying from an aircraft;
1. (b) towing of aircraft or other objects; or
1. (c) allowing parachute descents.

8.8.1.19 Aerobatic Flight

(1) A person shall not operate an aircraft in aerobatic flight—
1. (a) over any city, town or settlement;
1. (b) over an open air assembly of persons;
1. (c) within the lateral boundaries of the surface areas of Class B, C, D or E airspace designated for an aerodrome;
1. (d) below an altitude of 1,500 feet above the surface; or
1. (e) when the flight visibility is less than 3 statute miles.

(2) A person shall not operate an aircraft 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 calendar months.

8.8.1.20 Flight Test Areas

A person shall not flight-test an aircraft except over open water, or sparsely populated areas having light traffic.

8.8.1.21 Prohibited Areas And Restricted Areas

A person shall not operate an aircraft in prohibited areas, or in restricted areas, the particulars of which have been duly published, except in accordance with the conditions of the restrictions or by permission of the State over whose territory the areas are established.

8.8.1.22 Operations in MNPS or RVSM Airspace

(1) A person shall not operate a civil aircraft of Saint Lucia registry in the North Atlantic airspace designated as MNPS airspace or in airspace designated as RVSM without a written authorisation issued by the Authority.

(2) A person shall not operate an aircraft in MNPS or RVSM airspace, except in accordance with the conditions of the procedures and restrictions required for this airspace.

Note – See 7.1.2.7 for requirements regarding navigation equipment for operations in MNPS airspace.

8.8.1.23 Operations on or in the Vicinity of an Uncontrolled Aerodrome

(1) When approaching to land at an aerodrome without an operating control tower, a pilot of—
1. (a) an aeroplane shall make all turns of that aeroplane to the left; or to the right, if appropriately indicated by the authorities having jurisdiction over that aerodrome;
1. (b) a helicopter shall avoid the flow of aeroplanes.

(2) When departing an aerodrome without an operating control tower, a pilot of an aircraft shall comply with any traffic patterns established by the authorities having jurisdiction over that aerodrome.

(3) A pilot of an aircraft shall land and takeoff into the wind unless safety, the runway configurations, or traffic considerations determine that a different direction is preferable.

Implementing Standard: See IS 8.8.1.23 for the appropriate displays of light signals or visual markings.

8.8.1.24 Aerodrome Traffic Pattern Altitudes: Turbojet, Turbofan, or Large Aircraft

(1) When arriving at an aerodrome, the PIC of a turbojet, turbofan, or large aircraft shall enter the traffic pattern at least 1,500 feet AGL until further descent is required for landing.

(2) When departing, the PIC of a turbojet, turbofan, or large aircraft shall climb to 1,500 AGL as rapidly as practicable.

8.8.1.25 Compliance With Visual And Electronic Glide Slopes

(1) The PIC of an aeroplane approaching to land on a runway served by a visual approach slope indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing.

(2) The PIC of a turbojet, turbofan, or large aeroplane approaching to land on a runway served by an ILS shall fly that aeroplane at or above the glide slope from the point of interception to the middle marker.

8.8.1.26 Restriction Or Suspension Of Operations: Commercial Air Transport

If a PIC or an AOC holder knows of conditions, including aerodrome and runway conditions, that are a hazard to safe operations, the PIC or the AOC holder shall restrict or suspend all commercial air transport operations to such aerodromes and runways as necessary until those conditions are corrected.

8.8.1.27 Continuation Of Flight When Destination Aerodrome Is Temporarily Restricted: Commercial Air Transport

A PIC shall not allow a flight to continue toward any aerodrome of intended landing where commercial air transport operations have been restricted or suspended, unless—
1. (a) in the opinion of the PIC, the conditions that are a hazard to safe operations may reasonably be expected to be corrected by the estimated time of arrival; or
1. (b) there is no safer procedure.

8.8.1.28 Interception

When intercepted by a military or government aircraft, a PIC shall comply with the international standards when interpreting and responding to visual signals as specified in the implementing standards.

Implementing Standard: See IS 8.8.2.11 for signals applicable to interception.

8.8.2 Control of Air Traffic

8.8.2.1 ATC Clearances

(1) A PIC shall obtain 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 through the submission of a flight plan to an ATC facility.

(3) Whenever an aircraft has requested a clearance involving priority, a PIC shall submit a report explaining the necessity for such priority, if requested by the appropriate ATC facility.

(4) A person operating an aircraft on a controlled aerodrome shall not taxi on the manoeuvring area or any runway without clearance from the aerodrome control tower.

8.8.2.2 Adherence to ATC Clearances

(1) When an ATC clearance has been obtained, no PIC may deviate from the clearance, except in an emergency, unless he or she obtains an amended clearance.

Note: A flight plan may cover only part of a flight, as necessary, to describe that portion of the flight or those manoeuvres which are subject to air traffic control. A clearance may cover only part of a current flight plan, as indicated in a clearance limit or by reference to specific manoeuvres such as taxiing, landing or taking off.

Note: Paragraph 8.8.2.2(1) does not prohibit a pilot from cancelling an IFR clearance when operating in VMC conditions or cancelling a controlled flight clearance when operating in airspace that does not require controlled flight.

(2) When operating in airspace requiring controlled flight, no PIC may operate contrary to ATC instructions, except in an emergency.

(3) A PIC who deviates from an ATC clearance or instructions in an emergency, shall notify ATC of that deviation as soon as possible.

8.8.2.3 Communications

A person operating an aircraft on a controlled flight shall maintain a continuous listening watch on the appropriate radio frequency of, and establish 2-way communication as required with, the appropriate ATC facility.

Note: More specific procedures may be prescribed by the appropriate ATC authority in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.

Note: Automatic signalling devices may be used to satisfy the requirement to maintain a continuous listening watch, if authorised by the Authority.

8.8.2.4 Route To Be Flown

(1) Unless otherwise authorised or directed by the appropriate ATC facility, the PIC of a controlled flight shall, in so far as practicable—
1. (a) when on an established ATC route, operate along the defined centre line of that route; or
1. (b) when on any other route, operate directly between the navigation facilities and/or points defining that route.

(2) A PIC of a controlled flight operating along an ATC route defined by reference to VORs 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.

Note: These requirements do not prohibit manoeuvring the aircraft to pass well clear of other air traffic or the manoeuvring of the aircraft in VFR conditions to clear the intended flight path both before and during climb or descent.

8.8.2.5 Inadvertent Changes

A PIC shall take the following action in the event that a controlled flight inadvertently deviates from its current flight plan:
1. (a) Deviation from track. If the aircraft is off track, the PIC shall adjust the heading of the aircraft to regain track as soon as practicable;
1. (b) Variation in true airspeed. A PIC shall inform the appropriate ATC facility 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 5 per cent of the true airspeed;
1. (c) Change in time estimate. A PIC shall notify the appropriate ATC facility and give a revised estimated time as soon as possible if the time estimate for a reporting point, flight information region boundary, or destination aerodrome, whichever comes first, is found to be in excess of three minutes from that notified to ATC, or such other period of time as is prescribed by the appropriate ATC authority or on the basis of air navigation regional agreements.

8.8.2.6 ATC Clearance: Intended Changes

Any requests for flight plan changes shall include the following information:
1. (a) Change of cruising level. Aircraft identification, requested new cruising level and cruising speed at this level, and revised time estimates, when applicable, at subsequent flight information region boundaries;
1. (b) Change of route—
  1. (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,
  1. (ii) Destination change. Aircraft identification; flight rules; 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(s); any other pertinent information.

8.8.2.7 Position Reports

(1) A pilot of a controlled flight shall report to the appropriate ATC facility, as soon as possible, the time and level of passing each designated compulsory reporting point, together with any other required information, unless exempted from this requirement by the appropriate ATC authority.

(2) A pilot of a controlled flight shall make position reports in relation to additional points or intervals when requested by the appropriate ATC facility.

8.8.2.8 Operations on or in the Vicinity of a Controlled Aerodrome

(1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless 2-way communications are maintained between that aircraft and the control tower.

(2) A PIC shall, on arrival, establish communications required by paragraph (1) prior to 4 nautical miles from the aerodrome when operating from the surface up to and including 2,500 feet.

(3) A PIC shall, on departure, establish communications with the control tower prior to taxi.

(4) Takeoff, landing, taxi clearance. A person shall not, at any aerodrome with an operating control tower, operate an aircraft on a runway or taxiway or takeoff or land an aircraft, unless an appropriate clearance has been received by ATC.

Note: A clearance to “taxi to” the takeoff runway is not a clearance to cross or taxi on to that runway. It does authorise the PIC to cross other runways during the taxi to the assigned runway. A clearance to “taxi to” any other point on the aerodrome is a clearance to cross all runways that intersect the taxi route to the assigned point.

(e) Communications failure. If the radio fails or two-way communication is lost, a PIC may continue a VFR flight operation and land if—
1. (1) the weather conditions are at or above basic VFR minimums; and
1. (2) clearance to land is received by light signals.

Note: During IFR operations, the 2-way communications failure procedures will apply.

8.8.2.9 Unlawful Interference

A PIC shall, when and if possible, notify the appropriate ATC facility when an aircraft is being subjected to unlawful interference, including—
1. (a) any significant circumstances associated with the unlawful interference; and
1. (b) any deviation from the current flight plan necessitated by the circumstances.

8.8.2.10 Time Checks

(1) A PIC shall use Co-ordinated Universal Time (UTC), expressed in hours and minutes of the 24-hour day beginning at midnight, in flight operations.

(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.

8.8.2.11 Universal Signals

(1) Upon observing or receiving any of the designated universal aviation signals, a person operating an aircraft shall take such action as may be required by the interpretation of the signal.

(2) Universal signals shall have only the meanings designated.

(3) A person using universal signals in the movement of aircraft shall only use them for the purpose indicated.

(4) A person shall not use signals likely to cause confusion with universal aviation signals.

Implementing Standard: See IS 8.8.2.11 for a list of universal aviation signals.

8.8.3 VFR Flight Rules

8.8.3.1 Visual Meteorological Conditions

A person shall not operate an aircraft under VFR when the flight visibility is less than, or at a distance from the clouds that is less than that prescribed, or the corresponding altitude and class of airspace in the following table:

8.8.3.2 VFR Weather Minimums For Takeoff And Landing

(1) A person shall not enter the traffic pattern, land or takeoff an aircraft under VFR from an aerodrome located in Class B, Class C, Class D or Class airspace unless the—
1. (a) reported ceiling is at least 1,000 feet; and
1. (b) reported ground visibility is at least 3 statute miles, if reported.

(2) If the ground visibility is not reported, the pilot shall maintain 3 statute miles flight visibility.

(3) Class G Airspace. A person shall not enter the traffic pattern, land or takeoff an aircraft under VFR from an aerodrome located in Class G airspace below 1,200 AGL unless—
1. (a) For aeroplanes. the visibility is at least 1 statute mile and the aeroplane can be operated clear of clouds within one-half mile of the runway; or
1. (b) For helicopters. the helicopter can be operated clear of clouds at a speed that allows the pilot adequate opportunity to see any air traffic or obstruction in time to avoid a collision.

Note: The only exception to the required weather minimums of this subsection is during a Special VFR operation.

8.8.3.3 Special VFR Operations

(1) A person shall not conduct a Special VFR flight operation to enter the traffic pattern, land or takeoff an aircraft under Special VFR from an aerodrome located in Class B, Class C, Class D or Class E airspace unless—
1. (a) authorised by an ATC clearance;
1. (b) the aircraft remains clear of clouds; and
1. (c) the flight visibility is at least one statute mile.

(2) A person shall not conduct a Special VFR flight operation in an aircraft between sunset and sunrise unless the—
1. (a) the PIC and co-pilot are current and qualified for IFR operations; and
1. (b) the aircraft is qualified to be operated for IFR flight.

8.8.3.4 VFR Cruising Altitudes

A person operating an aircraft in level cruising flight under VFR at altitudes above 900 m (3,000 ft) from the ground or water, shall maintain:
1. (a) for magnetic courses from zero degrees to 179 degrees, any odd thousand MSL altitude or flight level plus 500 feet (such as 3,500, 5,500 or FL 215);
1. (b) for magnetic courses from 180 degrees to 359 degrees, any even thousand MSL altitude or flight level plus 500 feet (such as 4,500, 6,500 or FL 225).

Paragraph (a) does not apply when otherwise authorised by ATC, when operating in a holding pattern, or during manoeuvring in turns.

8.8.3.5 ATC Clearances For VFR Flights

A pilot of a VFR flight shall obtain and comply with ATC clearances and maintain a listening watch before and during operations—
1. (a) within Classes B, C and D airspace;
1. (b) as part of aerodrome traffic at controlled aerodromes; and
1. (c) under Special VFR.

8.8.3.6 VFR Flights Requiring ATC Authorisation

Unless authorised by the appropriate ATC authority, a pilot shall not operate in VFR fligh t—
1. (a) above FL 200; or
1. (b) at transonic and supersonic speeds.

Note: ATC authorisation for VFR flights may not be granted in areas where a vertical separation minimum of only 300m (1,000 ft) applied above FL 290.

8.8.3.7 Weather Deterioration Below VMC

A pilot of a VFR flight operated as a controlled flight shall, when he or she finds that it is not practical or possible to maintain flight in VMC in accordance with the ATC flight plan—
1. (a) request an amended clearance enabling the aircraft to continue in VMC to its destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required;
1. (b) if no clearance can be obtained, continue to operate in VMC and notify the appropriate ATC facility of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome;
1. (c) operating within a control zone, request authorisation to operate as a special VFR flight; or
1. (d) request clearance to operate in IFR, if currently rated for IFR operations.

8.8.3.8 Changing From VFR To IFR

A pilot operating in VFR who wishes to change to IFR shall—
1. (a) if a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan; or
1. (b) submit a flight plan to the appropriate ATC facility and obtain a clearance prior to proceeding IFR when in controlled airspace.

8.8.3.9 2-way Radio Communication Failure In VFR

If radio failure occurs in VFR while under ATC control, or if VFR conditions are encountered after the failure, a pilot shall—
1. (a) continue the flight under VFR;
1. (b) land at the nearest suitable aerodrome; and
1. (c) report arrival to ATC by the most expeditious means possible.

8.8.4 IFR Flight Rules

8.8.4.1 IFR In Controlled Airspace

A person shall not operate an aircraft in controlled airspace under IFR unless the person has—
1. (a) filed an IFR flight plan; and
1. (b) received an appropriate ATC clearance.

8.8.4.2 IFR Flights Outside Controlled Airspace

(1) A PIC of an IFR flight operating outside controlled airspace but within or into areas, or along routes, designated by the appropriate ATC authority, shall maintain a listening watch on the appropriate radio frequency and establish 2-way communication, as necessary, with the ATC facility providing flight information service.

(2) A PIC of an IFR flight operating outside controlled airspace for which the appropriate ATC authority requires a flight plan, shall maintain a listening watch on the appropriate radio frequency and establish 2-way communication, as necessary, with the ATC facility providing flight information service and shall report position as specified for controlled flights.

8.8.4.3 IFR Takeoff Minimums For Commercial Air Transport

Unless otherwise authorised by the Authority, a pilot operating an aircraft in commercial air transport operations shall not accept a clearance to take off from a civil aerodrome under IFR unless weather conditions are at or above—
1. (a) for aircraft, other than helicopters, having 2 engines or less—one statute mile visibility;
1. (b) for aircraft having more than 2 engines—1/2 statute mile visibility;
1. (c) for helicopters—1/2 statute mile visibility.

8.8.4.4 Minimum Altitudes For IFR Operations

(1) Operation of aircraft at minimum altitudes. Except when necessary for takeoff or landing, a person shall not operate an aircraft under IFR below—
1. (a) the applicable minimum altitudes prescribed by the authorities having jurisdiction over the airspace being overflown; or
1. (b) if no applicable minimum altitude is prescribed by the authorities—
  1. (i) over high terrain or in mountainous areas, at a level which is at least 600m (2,000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft, and
  1. (ii) elsewhere than as specified in paragraph (a), at a level which is at least 300m (I,000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;
1. (c) if an MEA and a MOCA are prescribed for a particular route or route segment, a person may operate an aircraft below the MEA down to, but not below, the MOCA, when within 22 nautical miles of the VOR concerned.

(2) Climb for obstacle clearance.
1. (a) if unable to communicate with ATC, each pilot shall climb to a higher minimum IFR altitude immediately after passing the point beyond which that minimum altitude applies;
1. (b) if ground obstructions intervene, each pilot shall climb to a point beyond which that higher minimum altitude applies, at or above the applicable MCA.

8.8.4.5 Minimum Altitudes For Use Of An Autopilot

(1) For en route operations, a person shall not use an autopilot at an altitude above the terrain that is less than 500 feet.

Note: If the maximum altitude loss specified in the AFM for a malfunction under cruise conditions when multiplied by 2 is more than 500 feet, then it becomes the controlling minimum altitude for use of the autopilot.

(2) For instrument approach operations, a person shall not use an autopilot at an altitude above the terrain that is less than 50 feet below the MDA or DH.

Note: If the maximum altitude loss specified in the AFM for a malfunction under approach conditions when multiplied by 2 is more than 50 feet, then it becomes the controlling minimum altitude for use of the autopilot.

(3) For Category III approaches, the Authority shall approve the use of a flight control guidance system with automatic capability to touchdown.

8.8.4.6 IFR Cruising Altitude Or Flight Level In Controlled Airspace

A person operating an aircraft under IFR in level cruising flight in controlled airspace shall maintain the altitude or flight level assigned that aircraft by ATC.

Note: The requirements for VFR cruising altitudes are in 8.8.3.4.

8.8.4.7 IFR Cruising Altitude Or Flight Level In Uncontrolled Airspace

(1) A person operating an aircraft in level cruising flight under IMC at altitudes above 900 m (3,000 ft) from the ground or water, shall maintain—
1. (a) for magnetic courses from zero degrees to 179 degrees, any odd thousand MSL altitude or flight level, such as 5,000, 7,000, or FL 210; and
1. (b) for magnetic courses from 180 degrees to 359 degrees, any even thousand MSL altitude or flight level, such as 4,000, 6,000 or FL 220.

(2) A person may deviate from the cruising altitudes specified in paragraph (a) only when—
1. (a) authorised by ATC;
1. (b) operating in a holding pattern; or
1. (c) manoeuvring in turns.

8.8.4.8 IFR Radio Communications

A PIC of an aircraft operated under IFR in controlled airspace shall have a continuous watch maintained on the appropriate frequency and shall report by radio as soon as possible—
1. (a) the time and altitude of passing each designated reporting point, or the reporting points specified by ATC, except that while the aircraft is under radar control, only the passing of those reporting points specifically requested by ATC need be reported;
1. (b) any unforecast weather conditions encountered; and
1. (c) any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications.

8.8.4.9 Operation Under IFR In Controlled Airspace: Malfunction Reports

(1) A PIC of an aircraft operated in controlled airspace under IFR shall report as soon as practical to ATC any malfunctions of navigational, approach or communication equipment occurring in flight.

(2) In each report specified in paragraph (a), the PIC shall include the—
1. (a) aircraft identification;
1. (b) equipment affected;
1. (c) degree to which the capability of the pilot to operate under IFR in the ATC system is impaired; and
1. (d) nature and extent of assistance desired from ATC.

8.8.4.10 Continuation Of IFR Flight Toward A Destination

A pilot shall not continue an IFR flight toward an aerodrome or heliport of intended landing, unless the latest available meteorological information indicates that the conditions at that aerodrome, or at least one destination alternate aerodrome will, at the expected time of arrival, be at or above the specified instrument approach minima.

8.8.4.11 Instrument Approach Procedures And IFR Landing Minimums

A person shall not make an instrument approach at an airport except in accordance with IFR weather minimums and instrument approach procedures set forth in the AOC holder's operations specifications.

8.8.4.12 Commencing An Instrument Approach: Commercial Air Transport

(1) In commercial air transport operations, a pilot shall not continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure, at any aerodrome unless—
1. (a) a source approved by the Authority issues a weather report for that aerodrome; and
1. (b) the latest weather report for that aerodrome reports the visibility to be equal to or more than the visibility minimums prescribed for that procedure.

(2) If a pilot begins the final approach segment of an instrument approach procedure and subsequently receives a weather report indicating below minimum conditions, the pilot may continue the approach to DH or MDA.

Note: For the purpose of this subsection, the final approach segment begins at the final approach fix or facility prescribed in the instrument approach procedure. When a final approach fix is not prescribed for a procedure that includes a procedure turn, the final approach segment begins at the point where the procedure turn is completed and the aircraft is established inbound toward the aerodrome on the final approach course within the distance prescribed in the procedure.

8.8.4.13 Instrument Approaches To Civil Aerodromes

(1) A person operating a civil aircraft shall use a standard instrument approach procedure prescribed by the authorities having jurisdiction over the aerodrome, unless otherwise authorised by the Authority.

(2) Authorised DH or MDA. For the purpose of this section, when the approach procedure being used provides for and requires the use of a DH or MDA, the authorised DH or MDA is the highest of the following:
1. (a) the DH or MDA prescribed by the approach procedure;
1. (b) the DH or MDA prescribed for the PIC;
1. (c) the DH or MDA for which the aircraft is equipped.

8.8.4.14 Operation Below DH or MDA

Where a DH or MDA is applicable, a pilot shall not operate a civil aircraft at any aerodrome or heliport below the authorised MDA, or continue an approach below the authorised DH unless—
1. (a) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres;
1. (b) for commercial air transport operations, a descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;
1. (c) the flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and
1. (d) at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot—
  1. (i) the approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable,
  1. (ii) the threshold,
  1. (iii) the threshold markings,
  1. (iv) threshold lights,
  1. (v) the runway end identifier lights,
  1. (vi) the visual approach slope indicator,
  1. (vii) the touchdown zone or touchdown zone markings,
  1. (viii) the touchdown zone lights,
  1. (ix) the runway or runway markings, or
  1. (x) the runway lights.

Note: These visual references do not apply to Category II and III operations. The required visual references under Category II and III operations are provided in the AOC holder's operations specifications or a special authorisation prescribed by the Authority.

8.8.4.15 Landing During Instrument Meteorological Conditions

A pilot operating a civil aircraft shall not land that aircraft when the flight visibility is less than the visibility prescribed in the standard instrument approach procedure being used.

8.8.4.16 Execution Of A Missed Approach Procedure

A pilot operating a civil aircraft shall immediately execute an appropriate missed approach procedure when either of the following conditions exist:
1. (a) whenever the required visual reference criteria is not met in the following situations:
  1. (i) when the aircraft is being operated below MDA, or
  1. (ii) upon arrival at the missed approach point, including a DH where a DH is specified and its use is required, and at any time after that until touchdown;
1. (b) whenever an identifiable part of the aerodrome is not distinctly visible to the pilot during a circling manoeuvre at or above MDA, unless the inability to see an identifiable part of the aerodrome results only from a normal bank of the aircraft during the circling approach.

8.8.4.17 Change From IFR Flight To VFR Flight

(1) A pilot electing to change from IFR flight to VFR flight shall notify the appropriate ATC facility specifically that the IFR flight is cancelled and then communicate the changes to be made to his or her current flight plan.

(2) When a pilot operating under IFR encounters VMC, he or she shall not cancel the IFR flight unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted VMC.

8.8.4.18 2-Way Radio Communications Failure In IFR

If 2-way radio communication failure occurs in IFR conditions, or if continued flight in VFR is judged not feasible, a pilot shall continue the flight according to the following:
1. (a) route—
  1. (i) by the route assigned in the last ATC clearance received,
  1. (ii) if being radar vectored, by the direct route from the point of radio failure to the fix, route, or airway specified in the vector clearance,
  1. (iii) in the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance, or
  1. (iv) in the absence of an assigned route or a route that ATC has advised may be expected in a further clearance, by the route filed in the flight plan;
1. (b) altitude. At the highest of the following altitudes or flight levels for the route segment being flown—
  1. (i) the altitude or flight level assigned in the last ATC clearance received,
  1. (ii) the minimum altitude (converted, if appropriate, to minimum flight level for IFR operations), or
  1. (iii) the altitude or flight level ATC advised may be expected in a further clearance;
1. (c) leave clearance limit:
  1. (i) when the clearance limit is at a fix from which an approach begins, commence descent or descent and approach—
    1. 1. as close as possible to the expect-further-clearance time if one has been received, or
    1. 2. if one has not been received, as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route,
  1. (ii) if the clearance limit is not a fix from which an approach begins—
    1. 1. leave the clearance limit at the expect-further-clearance time if one has been received, or if none has been received, upon arrival over the clearance limit,
    1. 2. proceed to a fix from which an approach begins, and
    1. 3. commence descent or descent and approach as close as possible to the ETA as calculated from the filed or amended with ATC estimated time en route.

8.9 PASSENGERS AND PASSENGER HANDLING

8.9.1 All Passenger Carrying Operations

8.9.1.1 Unacceptable Conduct

(1) A person on board an aircraft shall not interfere with a crew member in the performance of his or her duties.

(2) A passenger shall fasten his or her seat belt and keep it fastened while the seat belt sign is lighted.

(3) A person on board an aircraft shall not recklessly or negligently act or omit to act in such a manner as to endanger the aircraft or persons and property therein.

(4) A person shall not secrete himself or herself or secrete any cargo on board an aircraft.

(5) A person shall not smoke on an aircraft while the no-smoking sign is lighted.

(6) A person shall not smoke in any aircraft lavatory.

(7) A person shall not tamper with, disable or destroy any smoke detector installed in any aircraft lavatory.

8.9.1.2 Refuelling With Passengers On Board

(1) A PIC shall not allow an aircraft to be refuelled when passengers are embarking, on board or disembarking unless—
1. (a) the aircraft is manned by qualified personnel ready to initiate and direct an evacuation; and
1. (b) 2-way communication is maintained between the qualified personnel in the aircraft and the ground crew supervising the refuelling;
1. (c) the aircraft illuminated 'NO SMOKING' signs should be on together with sufficient interior lighting to enable emergency exits to be identified. Such lighting should remain on until fuelling operations have been completed;
1. (d) the 'Fasten Seat Belts' signs should be switched off and passengers should be briefed to unfasten their seat belts.

(2) Helicopters. Unless specifically authorised by the Authority, a person shall not allow a helicopter to be refuelled when—
1. (a) passengers are embarking, on board, or disembarking; or
1. (b) the rotors are turning.

8.9.1.3 PASSENGER SEATS, SAFETY BELTS, AND SHOULDER HARNESSES

(1) A PIC shall ensure that a person on onboard an aircraft occupies an approved seat or berth with their own individual safety belt and shoulder harness (if installed) properly secured about them during takeoff and landing.

(2) A passenger shall have his or her seatbelt securely fastened at any other time the PIC determines it is necessary for safety.

(3) A safety belt provided for the occupant of a seat shall not be used during takeoff and landing by more than one person.

Note: When Cabin Crew are required in a commercial air transport operation, the PIC may delegate this responsibility, but shall ascertain that the proper briefing has been conducted prior to takeoff.

8.9.1.4 Passenger Briefing

(1) A PIC shall ensure that crew members and passengers are made familiar, by means of an oral briefing or by other means, with the location and use of the following items, if appropriate—
1. (a) seat belts;
1. (b) emergency exits;
1. (c) life jackets;
1. (d) oxygen dispensing equipment; and
1. (e) other emergency equipment provided for individual use, including passenger emergency briefing cards.

(2) A PIC shall ensure that all persons on board are aware of the locations and general manner of use of the principal emergency equipment carried for collective use.

Note: For commercial air transport operations, the briefing shall contain all subjects approved by the Authority for the specific operations conducted as included in the pertinent Operations Manual.

8.9.1.5 Inflight Emergency Instruction

A PIC shall, in an emergency in flight, ensure that all persons on board the aircraft are instructed in such emergency action as may be appropriate to the circumstances.

Note: When Cabin Crew are required in a commercial air transport operation, the PIC may delegate this responsibility, but shall ascertain that the proper briefing has been conducted.

8.9.1.6 Passenger Oxygen: Minimum Supply And Use

(1) A PIC shall ensure that breathing oxygen and masks are available to all passengers in sufficient quantities for all flights at such altitudes where a lack of oxygen might harmfully effect passengers.

(2) A PIC shall ensure that the minimum supply of oxygen prescribed by the Authority is on board the aircraft.

Note: The requirements for oxygen storage and dispensing apparatus are prescribed in Part 7.

(3) A PIC shall require all passengers to use oxygen continuously at cabin pressure altitudes above 15,000 feet.

8.9.1.7 Alcohol Or Drugs

A person shall not permit the boarding or serving of any person who appears to be intoxicated or who demonstrates, by manner or physical indications, that that person is under the influence of drugs (except a medical patient under proper care).

8.9.2 Commercial Air Transport Passenger Carrying Operations

8.9.2.1 Passenger Compliance With Instructions

A passenger on a commercial air transport flight shall comply with instructions given by a crew member in compliance with this section.

8.9.2.2 Denial Of Transportation

An AOC holder may refuse to transport a passenger who—
1. (a) refuses to comply with the instructions regarding exit seating restrictions prescribed by the Authority; or
1. (b) has a handicap that can be physically accommodated only by an exit row seat.

8.9.2.3 Carriage of Persons Without Compliance With These Passenger carrying Requirements

(1) The passenger-carrying requirements of paragraph (2) shall not apply when carrying—
1. (a) a crew member not required for the flight;
1. (b) a representative of the Authority on official duty;
1. (c) a person necessary to the safety or security of cargo or animals; or
1. (d) any person authorised by the AOC holder's Operation Manual procedures, as approved by the Authority.

(2) A person shall not be carried on an aircraft without compliance with the passenger carrying requirements unless—
1. (a) there is an approved seat with an approved seat belt for that person;
1. (b) that seat is located so that the occupant is not in any position to interfere with the flight crew members performing their duties;
1. (c) there is unobstructed access from their seat to the flight deck or a regular or emergency exit;
1. (d) there is a means for notifying that person when smoking is prohibited and when seat belts shall be fastened; and
1. (e) that person has been orally briefed by a crew member on the use of emergency equipment and exits.

8.9.2.4 Cabin Crew At Duty Stations

(1) Cabin Crew shall, during taxi, take-off and landing and whenever the PIC so directs, remain at their duty stations with their safety belts and shoulder harness fastened except to perform duties related to the safety of the aircraft and its occupants.

(2) Cabin Crew shall, during takeoff or landing, be located as near as practicable to required floor level exits and shall be uniformly distributed throughout the aircraft to provide the most effective egress of passengers in event of an emergency evacuation.

(3) When passengers are on board a parked aircraft, Cabin Crew (or another person qualified in emergency evacuation procedures for the aircraft) shall be placed in the following manner:
1. (a) if only one qualified person is required, that person shall be located in accordance with the AOC holder's Operations Manual procedures;
1. (b) if more than one qualified person is required, those persons shall be spaced throughout the cabin to provide the most effective assistance for the evacuation in case of an emergency.

8.9.2.5 Evacuation Capability

A PIC, SCA and any other person assigned by the AOC holder shall ensure that, when passengers are on board the aircraft prior to movement on the surface, at least one floor-level exit provides for egress of passengers through normal or emergency means.

8.9.2.6 Arming Of Automatic Emergency Exits

A person shall not cause an aircraft carrying passengers to be moved on the surface, takeoff or land unless each automatically deployable emergency evacuation assisting means installed on the aircraft is ready for evacuation.

8.9.2.7 Accessibility Of Emergency Exits And Equipment

A person shall not allow carry-on baggage or other items to block access to the emergency exits when the aircraft is moving on the surface, during takeoff or landing, or while passengers remain on board.

8.9.2.8 Stops Where Passengers Remain On Board

(1) At stops where passengers remain on board the aircraft, the PIC, the SCA, or both shall ensure that—
1. (a) all engines are shut down;
1. (b) at least one floor level exit remains open to provide for the deplaning of passengers; and
1. (c) there is at least one person immediately available who is qualified in the emergency evacuation of the aircraft and who has been identified to the passengers on board as responsible for passenger safety.

(2) If refuelling with passengers on board, the PIC or a designated company representative shall ensure that the AOC holder's Operations Manual procedures are followed.

8.9.2.9 Carriage Of Persons With Reduced Mobility

A person shall not allow a person of reduced mobility to occupy seats where their presence could—
1. (a) impede the crew in their duties;
1. (b) obstruct access to emergency equipment; or
1. (c) impede the emergency evacuation of the aircraft.

8.9.2.10 Exit Row Seating

A PIC or SCA shall not allow a passenger to sit in an emergency exit row if the PIC or SCA determine that it is likely that the passenger would be unable to understand and perform the functions necessary to open an exit and to exit rapidly.

Implement Standard: See IS 8.9.2.10 for additional requirements pertaining to exit row seating.

8.9.2.11 Prohibition Against Carriage Of Weapons

A person shall not, while on board an aircraft being operated in commercial air transport, carry on or about their person a deadly or dangerous weapon, either concealed or unconcealed.

Note: This section does not apply to officials or employees of the State who are authorised to carry weapons or crew members and other persons authorized by the AOC holder to carry arms.

8.9.2.12 Oxygen For Medical Use By Passengers

An AOC holder may allow a passenger to carry and operate equipment for the storage, generation or dispensing of medical oxygen only as prescribed by the Authority.

See IS: 8.9.2.12 for specific requirements pertaining to the carriage of oxygen for medical use by passengers

8.9.2.13 Carry-on Baggage

(1) A person shall not allow the boarding of carry-on baggage unless such baggage can be adequately and securely stowed in accordance with the AOC holder's Operations Manual procedures.

(2) A person shall not allow aircraft passenger entry doors to be closed in preparation for taxi or pushback unless at least one required crew member has verified that each article of baggage has been properly stowed in overhead racks with approved restraining devices or doors, or in approved locations aft of the bulkhead.

(3) A person shall not allow carry-on baggage to be stowed in a location that would cause that location to be loaded beyond its maximum placard weight limitation.

Note: The stowage locations shall be capable of restraining the articles in crash impacts severe enough to induce the ultimate inertia forces specified in the emergency landing conditions under which the aircraft was typecertified.

8.9.2.14 Carriage Of Cargo In Passenger Compartments

A person shall not allow the carriage of cargo in the passenger compartment of an aircraft except as prescribed by the Authority.

Implementing Standard: See IS 8.9.2.14 for specific requirements pertaining to carriage of cargo in passenger compartments.

8.9.2.15 Passenger Information Signs

A PIC shall turn on required passenger information signs during any movement on the surface, for each takeoff and each landing, and when otherwise considered to be necessary.

8.9.2.16 Required Passenger Briefings

(1) A person shall not commence a takeoff of an aircraft unless the passengers are briefed prior to takeoff in accordance with the AOC holder's Operation Manual procedures on—
1. (a) smoking limitations and prohibitions;
1. (b) emergency exit location and use;
1. (c) use of safety belts;
1. (d) emergency floatation means location and use;
1. (e) placement of seat backs;
1. (f) if flight is above 12,000 feet MSL, the normal and emergency use of oxygen; and
1. (g) the passenger briefing card.

(2) Immediately before or immediately after turning the seat belt sign off, the PIC or SCA shall ensure that all passengers are briefed to keep their seat belts fastened while seated, even when the seat belt sign is off.

(3) A PIC and SCA shall, before the takeoff of an aircraft, ensure that all persons of reduced mobility are personally briefed on—
1. (a) the route to the most appropriate exit; and
1. (b) the time to begin moving to the exit in event of an emergency.

8.9.2.17 Passenger Briefing: Extended Overwater Operations

A person shall not commence extended overwater operations unless all passengers have been orally briefed on the location and operations of life preservers, liferafts and other flotation means, including a demonstration of the method of donning and inflating a life preserver.

8.9.2.18 Passenger Seat Belts

(1) A passenger occupying a seat or berth shall fasten his or her safety belt and keep it fastened while the “Fasten Seat Belt” sign is lighted or, in aircraft not equipped with such a sign, whenever instructed by the PIC.

(2) A passenger safety belt shall not be used by more than one occupant during takeoff and landing.

(3) At each unoccupied seat, the safety belt and shoulder harness, if installed, shall be secured so as not to interfere with the other crew members in the performance of their duties or with the rapid egress of occupants in an emergency.

Note 1: A person who has not reached his or her second birthday may be held by an adult who is occupying a seat or berth only when secured by a supplementary loop belt or other restraint device.

Note 2: A berth, such as a multiple lounge or divan seat, may be occupied by 2 persons provided it is equipped with an approved safety belt for each person and is used during en route flight only.

8.9.2.19 Passenger Seat Backs

A PIC or SCA shall not allow the takeoff or landing of an aircraft unless each passenger seat back is in the upright position.

Note: Exceptions may only be made in accordance with procedures in the AOC holder's Operations Manual provided the seat back does not obstruct any passenger's access to the aisle or to any emergency exit.

8.9.2.20 Stowage Of Food, Beverage And Passenger Service

A PIC or SCA shall not allow the movement of an aircraft on the surface, takeoff or land—
1. (a) when any food, beverage or tableware furnished by the AOC holder is located at any passenger seat; and
1. (b) unless each food and beverage tray and seat back tray table is in the stowed position.

8.9.2.21 Securing of Items of Mass in Passenger Compartment

(1) A person shall not allow the takeoff or landing of an aircraft unless each item of mass in the passenger cabin is properly secured to prevent it from becoming a hazard during taxi, takeoff and landing and during turbulent weather conditions.

(2) A person shall not allow an aircraft to move on the surface, takeoff or land unless each passenger serving cart is secured in its stowed position.

8.9.2.22 Prohibition Against Smoking in an Aircraft

A person shall not, while on board an aircraft being operated in commercial air transport, be allowed to smoke cigarettes, cigars or pipes.

8.10 Crew Member and Flight Operations Officer Qualifications: Commercial Air Transport

8.10.1.1 Age 60 Restriction

(1) A person shall not serve nor shall an AOC holder use a person as a required pilot flight crew member on an aircraft engaged in international commercial air transport operations if that person has attained his or her 60th birthday unless in accordance with IS: 8.10.1.1

(2) A check airman who has attained his or her 60th birthday may in accordance with IS: 8.10.1.1 continue to be a check airman. A check airman who does not hold an appropriate medical certificate may continue his or her check airman functions, but shall not serve as or occupy the position of a required pilot flight crew member on an aircraft engaged in international commercial air transport operations.

Implementing Standard: See IS: 8.10.1.1 for guidance material

8.10.1.2 PIC License Requirements: Turbojet, Turbofan, or Large Aircraft

A pilot shall not act as PIC of a turbojet, turbofan, or large aircraft in commercial air transportation operations unless he or she holds an ATP licence and a type rating for that aircraft.

8.10.1.3 PIC Licence Requirements: Non Turbojet Or Turbofan Small Aircraft

A pilot shall not act as PIC of a non-turbojet or turbofan small aircraft in commercial air transport during—
1. (a) IFR operations unless he or she holds a commercial pilot licence with appropriate category, class and type ratings for the aircraft operated, and an instrument rating and meets the experience requirements for the operation; or
1. (b) day VFR operations unless he or she holds a commercial pilot licence with appropriate category, class and type ratings for the aircraft operated.

8.10.1.4 PIC Aeronautical Experience: Small Aircraft

A pilot shall not act as PIC of a small aircraft in commercial air transport during—
1. (a) IFR operations unless he or she meets the minimum aeronautical experience requirements necessary to qualify for the ATP licence; or
1. (b) VFR operations unless he or she has logged a minimum of 500 hours of time as a pilot, including at least 100 hours of crosscountry flight time including 25 hours of which were at night.

8.10.1.5 Co-pilot Licence Requirements

A pilot shall not act as Co-pilot of an aircraft in commercial air transport operations unless he or she—
1. (a) holds a commercial pilot licence with appropriate category, class and type ratings for the aircraft operated; and
1. (b) holds an instrument rating.

8.10.1.6 FE Licence Requirements

A person shall not act as the flight engineer of an aircraft unless he or she holds a flight engineer licence with the appropriate class rating.

8.10.1.7 One Pilot Qualified To Perform FE Functions

An AOC holder shall ensure that, on all flights requiring a flight engineer, there is assigned at least one other flight crew member qualified to perform the FE duties in the event the FE becomes incapacitated.

8.10.1.8 Persons Qualified To Flight Release

A person shall not act as a flight operations officer in releasing a scheduled passenger-carrying commercial air transport operation unless the person is currently qualified with the AOC holder for the operation and type of aircraft used.

8.10.1.9 Company Procedures Indoctrination

A person shall not serve nor may any AOC holder use a person as a crew member or flight operations officer/flight dispatcher unless that person has completed the company procedures indoctrination curriculum approved by the Authority, which shall include a complete review of operations manual procedures pertinent to the crew member or flight operation officer's duties.

Implementing Standard: See IS 8.10.1.9 for knowledge area and programme hour requirements.

8.10.1.10 Initial Dangerous Goods Training

A person shall not serve nor shall an AOC holder use a person as a crew member or flight operations officer unless he or she has completed the appropriate initial dangerous goods curriculum approved by the Authority.

Implementing Standard: See IS 8.10.1.10 for specific course curriculum requirements.

8.10.1.11 Initial Security Training

A person shall not serve nor may any AOC holder use a person as a crew member unless he or she has completed the initial security curriculum approved by the Authority.

8.10.1.12 Initial Crew Resource Management

A person shall not serve nor shall an AOC holder use a person as a flight operations officer or crew member unless the person has completed the initial CRM curriculum approved by the Authority.

Implementing Standard: IS 8.10.1.12 for course curriculum topics.

8.10.1.13 Initial Emergency Equipment Drills

A person shall not serve nor shall an AOC holder use a person as a crew member unless that person has completed the appropriate initial emergency equipment curriculum and drills for the crew member position approved by the Authority for the emergency equipment available on the aircraft to be operated.

Implementing Standard: See IS 8.10.1.13 for course curriculum requirements.

8.10.1.14 Initial Aircraft Ground Training

(1) A person shall not serve nor may an AOC holder use a person as a crew member or flight operations officer unless he or she has completed the initial ground training approved by the Authority for the aircraft type.

(2) Initial aircraft ground training for flight crew members shall include the pertinent portions of the operations manuals relating to aircraftspecific performance, mass and balance, operational policies, systems, limitations, normal, abnormal and emergency procedures on the aircraft type to be used.

Implementation Standard: See IS 8.10.1.14(2) for specific course curriculum requirements for flight crew members.

Note: The AOC holder may have separate initial aircraft ground training curricula of varying lengths and subject emphasis which recognise the experience levels of flight crew members approved by the Authority.

(3) For Cabin Crew, initial aircraft ground training shall include the pertinent portions of the operations manuals relating to aircraft-specific configuration, equipment, normal and emergency procedures for the aircraft types within the fleet.

Implementation Standard: See IS 8.10.1.14(3) for specific course curriculum requirements for Cabin Crew.

(4) For flight operations officers, aircraft initial ground training shall include the pertinent portions of the operations manuals relating to aircraft-specific flight preparation procedures, performance, mass and balance, systems, limitations for the aircraft types within the fleet.

Implementation Standard: See IS 8.10.1.14(d) for specific course curriculum requirements for flight operations officers.

8.10.1.15 Initial Aircraft Flight Training

(1) A person shall not serve nor shall an AOC holder use a person as a flight crew member unless he or she has completed the initial flight training approved by the Authority for the aircraft type.

(2) All initial flight training shall focus on the manoeuvring and safe operation of the aircraft in accordance with AOC holder's normal, abnormal and emergency procedures.

(3) An AOC holder may have separate initial flight training curricula which recognise the experience levels of flight crew members approved by the Authority.

Implementing Standard: See IS 8.10.1.15 for specific flight curriculum.

8.10.1.16 Initial Specialised Operations Training

(1) A person shall not serve nor shall an AOC holder use a person as a flight crew member unless he or she has completed the appropriate initial specialised operations training curriculum approved by the Authority.

(2) Specialised operations for which initial training curricula shall be developed shall include—
1. (a) low minimums operations, including low visibility takeoffs and Category II and III operations;
1. (b) extended range operations;
1. (c) specialised navigation; and
1. (d) PIC right seat qualification.

Implementing Standard: See IS 8.10.1.16 for specific initial specialised operations training curriculum.

8.10.1.17 Aircraft Differences

A person shall not serve nor shall an AOC holder use a person as a flight operations officer or crew member on an aircraft of a type for which a differences curriculum is included in the AOC holder's approved training program, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft.

Implementing Standard: See IS 8.10.1.17 for aircraft differences training pertaining to flight operations officers.

8.10.1.18 Use Of Simulators

An aircraft simulator and any other training device that is used for flight crew member qualification shall—
1. (a) be specifically approved by the Authority for—
  1. (i) the AOC holder,
  1. (ii) the type aircraft, including type variations, for which the training or check is being conducted,
  1. (iii) the particular manoeuvre, procedure, or crew member function involved;
1. (b) maintain the performance, functional, and other characteristics that are required for approval;
1. (c) be modified to conform with any modification to the aircraft being simulated that results in changes to performance, functional, or other characteristics required for approval;
1. (d) be given a daily functional pre-flight check before use; and
1. (e) have a daily discrepancy log kept by the appropriate instructor or check airman at the end of each training or check flight.

8.10.1.19 Introduction of New Equipment or Procedures

A person shall not serve nor shall an AOC holder use a person as a flight crew member when that service would require expertise in the use of new equipment or procedures for which a curriculum is included in the AOC holder's approved training program, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft.

8.10.1.20 Aircraft And Instrument Proficiency Checks

(1) A person shall not serve nor shall an AOC holder use a person as a pilot flight crew member unless, since the beginning of the 12^th calendar month before that service, that person has passed the proficiency check prescribed by Authority in the make, and model aircraft on which their services are required. The validity of the proficiency check shall be 12 calendar months in addition to the remainder of the month of issue.

(2) A person shall not serve nor shall an AOC holder use a person as a pilot in IFR operations unless, since the beginning of the 6th calendar month before that service, that pilot has passed the instrument proficiency check prescribed by the Authority. Any two such checks which are similar and which occur within 4 consecutive months shall alone not satisfy this requirement. The validity of the instrument proficiency check shall be 6 calendar months in addition to the remainder of the month of issue.

(3) A pilot may complete the requirements of paragraphs (a) and (b) simultaneously in a specific aircraft type.

Implementing Standard: See IS 8.10.1.20 for specific operation and procedures pertaining to the proficiency checks.

8.10.1.21 Re-establishing Recency of Experience: Pilot

(1) In addition to meeting all applicable training and checking requirements, a required pilot flight crew member who, in the preceding 90 days has not made at least three takeoffs and landings in the type aircraft in which that person is to serve, shall, under the supervision of a check airman, re-establish recency of experience as follows:
1. (a) make at least 3 takeoffs and landings in the type aircraft in which that person is to serve or in a qualified simulator;
1. (b) make at least one takeoff with a simulated failure of the most critical powerplant, one landing from the minimum ILS authorized for the AOC holder, and one landing to a full stop.

(2) When using a simulator to accomplish any of the takeoff and landing training requirements necessary to re-establish recency of experience, a required flight crew member position shall be occupied by an appropriately qualified person and the simulator shall be operated as if in a normal in-flight environment without use of the repositioning features of the simulator.

(3) A check airman who observes the takeoffs and landings of a pilot flight crew member shall certify that the person being observed is proficient and qualified to perform flight duty in operations and may require any additional manoeuvres that are determined necessary to make this certifying statement.

8.10.1.22 Pairing of Low Experience Crew Members

(1) If a co-pilot has fewer than 100 hours of flight time in the type aircraft being flown in commercial air transport, and the PIC is not an appropriately qualified check pilot, the PIC shall make all takeoffs and landings in situations designated as critical by the Authority.

(2) A PIC or a co-pilot shall not conduct any operations for a type aircraft in commercial air transport unless the pilot has at least 75 hours of line operating flight time, either as PIC or co-pilot.

(3) The Authority may, upon application by the AOC holder, authorize deviations from paragraph (1) by an appropriate amendment to the operations specifications in any of the circumstances identified in IS 8.10.1.22.

Implementing Standard: See IS 8.10.1.22 for those situations designated as critical by the Authority and for circumstances authorising a deviation from paragraph (b).

8.10.1.23 Flight Engineer Proficiency Checks

A person shall not serve nor shall an AOC holder use a person as a flight engineer on an aeroplane unless within the preceding 6 calendar months he or she has had a proficiency check in accordance with the requirements prescribed by the Authority.

Implementing Standard: See IS 8.10.1.21 for specific procedures used in FE proficiency checks.

8.10.1.24 Competence Checks: Cabin Crew

A person shall not serve nor shall an AOC holder use a person as a Cabin Crew unless, since the beginning of the 12th calendar month before that service, that person has passed the competency check prescribed by the Authority performing the emergency duties appropriate to that person's assignment.

Implementing Standard: See IS 8.10.1.24 for specific procedures used in Cabin Crew competence checks.

8.10.1.25 Competence Checks: Flight Operations Officers

A person shall not serve nor shall an AOC holder use a person as a flight operations officer unless, since the beginning of the 12th calendar month before that service, that person has passed the competency check, prescribed by the Authority, performing the flight preparation and subsequent duties appropriate to that person's assignment.

Implementing Standard: See IS 8.10.1.25 for specific procedures used in flight operation officer competence checks.

8.10.1.26 Supervised Line Flying: Pilots

Unless otherwise determined by the Authority:
1. (a) a pilot initially qualifying as a PIC shall complete a minimum of 10 flights performing the duties of a PIC under the supervision of a check airman;
1. (b) a PIC transitioning to a new aircraft type shall complete a minimum of 5 flights performing the duties of a PIC under the supervision of a check airman;
1. (c) a pilot qualifying for duties other than PIC shall complete a minimum of 5 flights performing those duties under the supervision of a check airman;
1. (d) during the time that a qualifying PIC is acquiring operating experience, a check pilot who is also serving as the PIC shall occupy a pilot station;
1. (e) in the case of a transitioning PIC, the check pilot serving as PIC may occupy the observer's seat if the transitioning pilot has made at least 2 takeoffs and landings in the type of aircraft used, and has satisfactorily demonstrated to the check pilot that he or she is qualified to perform the duties of a PIC for that type of aircraft.

8.10.1.27 Supervised Line Flying: Flight Engineers

A person qualifying as a flight engineer for an aircraft type shall perform those functions for a minimum of five flights under the supervision of a check airman or a qualified flight engineer.

8.10.1.28 Supervised Line Experience: Cabin Crew

A person qualifying as a Cabin Crew shall perform those functions for a minimum of two flights under the supervision of a senior Cabin Crew.

Note: While qualifying, this person may not be a required crew member.

8.10.1.29 Line Observations: Flight Operations Officers

A person shall not serve nor shall an AOC holder use a person as a flight operations officer unless, since the beginning of the 12th calendar month before that service, that person has observed, on the flight deck, the conduct of 2 complete flights over routes representative of those for which that person is assigned duties.

8.10.1.30 Route And Area Checks: Pilot Qualification

(1) A person shall not serve nor shall an AOC holder use a person as a pilot unless, within the preceding 12 calendar months, that person has passed a route check in which he or she satisfactorily performed their assigned duties in one of the types of aircraft they are to fly.

(2) A person shall not perform any PIC duties over a designated special operational area that requires a special navigation system or procedures or in ETOPS operations unless his or her competency with the system and procedures has been demonstrated to the AOC holder within the past 12 calendar months.

(3) A PIC shall demonstrate special operational competency by navigation over the route or area as PIC under the supervision of a check airman and, on a continuing basis, by flights performing PIC duties.

(4) The validity of the route and area checks shall be 12 calendar months in addition to the remainder of the month of issue.

8.10.1.31 PIC Low Minimums Authorisation

(1) Until a PIC has 15 flights performing PIC duties in the aircraft type (which included 5 approaches to landing using Category I or II procedures), he or she shall not plan for or initiate an instrument approach when the ceiling is less than 300 feet and the visibility less than one mile.

(2) Until a PIC has 20 flights performing PIC duties in the aircraft type (which included 5 approach and landing using Category III procedures), he or she shall not plan for or initiate an approach when the ceiling is less than 100 feet or the visibility is less than 1200 RVR.

8.10.1.32 Designated Special Aerodromes And Heliports: PIC Qualification

(1) A person shall not serve nor shall an AOC holder use a person as PIC for operations at designated special aerodromes and heliports unless within the preceding 12 calendar months—
1. (a) the PIC has been qualified by the AOC holder through a pictorial means acceptable to the Authority for that aerodrome; or
1. (b) the PIC or the assigned co-pilot has made a takeoff and landing at that aerodrome while serving as a flight crew member for the AOC holder.

(2) Designated special aerodrome and heliport limitations are not applicable if the operation will occur—
1. (a) during daylight hours;
1. (b) when the visibility is at least 3 miles; and
1. (c) when the ceiling at that aerodrome is at least 1000 feet above the lowest initial approach altitude prescribed for an instrument approach procedure.

8.10.1.33 Recurrent Training: Flight Crew Members

(1) A person shall not serve nor shall an AOC holder use a person as a flight crew member unless within the preceding 12 calendar months that person has completed the recurrent ground and flight training curricula approved by the Authority.

(2) The recurrent ground training shall include training on—
1. (a) aircraft systems and limitations and normal, abnormal and emergency procedures;
1. (b) emergency equipment and drills;
1. (c) crew resource management;
1. (d) recognition or transportation of dangerous goods; and
1. (e) security training.

(3) The recurrent flight training curriculum shall include—
1. (a) manoeuvring and safe operation of the aircraft in accordance with AOC holder's normal, abnormal and emergency procedures;
1. (b) manoeuvres and procedures necessary for avoidance of in-flight hazards; and
1. (c) for authorised pilots, at least one low visibility takeoff to the lowest applicable minimum LVTO and 2 approaches to the lowest approved minimums for the AOC holder, one of which is to be a missed approach.

Implementing Standard: See IS 8.10.1.33 for detailed recurrent training requirements.

Note: Satisfactory completion of a proficiency check with the AOC holder for the type aircraft and operation to be conducted may be used in lieu of recurrent flight training.

8.10.1.34 Recurrent Training: Cabin Crew

(1) A person shall not serve nor shall an AOC holder use a person as a Cabin Crew unless within the preceding 12 calendar months that person has completed the recurrent ground curricula approved by the Authority.

(2) The recurrent ground training shall include training on—
1. (a) aircraft-specific configuration, equipment and procedures;
1. (b) emergency and first aid equipment and drills;
1. (c) crew resource management;
1. (d) recognition or transportation of dangerous goods; and
1. (e) security training.

Implementing Standard: See IS 8.10.1.34 for specific emergency program training requirements for Cabin Crew.

8.10.1.35 Recurrent Training: Flight Operations Officers

(1) A person shall not serve nor shall an AOC holder use a person as a flight operations officer unless that person has completed the recurrent ground curricula approved by the Authority.

(2) The recurrent ground training shall include training within the preceding 12 calendar months on—
1. (a) aircraft-specific flight preparation;
1. (b) crew resource management.

(3) The recurrent ground training shall include training within the preceding 24 calendar months on recognition or transportation of dangerous goods.

Implementing Standard: See IS 8.10.1.35 for specific program training requirements for flight operations officers.

8.10.1.36 Check Airman Training

A person shall not serve nor shall an AOC holder use a person as a check airman unless he or she has completed the curricula approved by the Authority for those functions for which they are to serve.

Implementing Standard: See IS 8.10.1.36 for specific training program requirements for check airmen.

8.10.1.37 Flight Instructor Training

A person shall not serve nor shall an AOC holder use a person as an instructor unless he or she has completed the curricula approved by the Authority for those functions for which they are to serve.

Implementing Standard: See IS 8.10.1.37 for specific training program requirements for instructor.

8.10.1.38 Flight Instructor Qualifications

An AOC holder shall not use a person nor shall a person serve as a flight instructor in an established training program unless, with respect to the aircraft type involved, that person—
1. (a) holds the airman licences and rating required to serve as a PIC, a flight engineer, or a flight navigator, as applicable;
1. (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC, flight engineer, or flight navigator, as applicable;
1. (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC, flight engineer, or flight navigator, as applicable;
1. (d) has satisfactorily completed the applicable initial or transitional training requirements and the Authority-observed in-flight competency check; and
1. (e) holds at least a Class III medical certificate unless serving as a required crew member, in which case holds a Class I or a Class II medical certificate as appropriate.

8.10.1.39 Check Airman Pilot Qualifications

An AOC holder shall not use a person, nor shall an person serve as a check airman in an established training program unless, with respect to the aircraft type involved, that person—
1. (a) holds the airman licences and ratings required to serve as a PIC, a flight engineer, or a flight navigator, as applicable;
1. (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC, flight engineer, or flight navigator, as applicable;
1. (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC, flight engineer, or flight navigator, as applicable;
1. (d) has satisfactorily completed the applicable initial or transitional training requirements and the Authority-observed in-flight competency check;
1. (e) holds at least a Class III medical certificate unless serving as a required crew member, in which case holds a Class I or Class II medical certificate as appropriate; and
1. (f) has been approved by the Authority for the check airman duties involved.

8.10.1.40 Check Airman Designation

A person shall not serve nor shall an AOC holder use a person as a check airman for any flight check unless that person has been designated by name, approved and observed by the Authority within the preceding 12 calendar months.

8.10.1.41 Check Airman Limitations

(1) A person shall not serve nor shall an AOC holder use a person as a check airman for any check—
1. (a) in an aircraft as a required pilot flight crew member, unless that person holds the required airman licences and ratings and has completed for the AOC holder all applicable training, qualification and currency requirements of this Part applicable to the crew position and the flight operations being checked;
1. (b) in an aircraft as an observer check airman, unless that person holds the airman licences and ratings and has completed all applicable training, qualification and line observation requirements of this Part applicable to the position and the flight operations being checked; or
1. (c) in a simulator unless that person has completed or observed with the AOC holder all training, qualification and line observation requirements of this Part applicable to the position and flight operations being checked.

8.10.1.42 Substitution Of Simulator Experience

(1) An AOC holder shall not use a simulator for training or checking unless that simulator has been specifically approved for the AOC holder in writing by the Authority.

(2) An AOC holder shall not use a simulator for any purpose other than that specified in the Authority's approval.

8.10.1.43 Line Qualification: Check Airman And Instructor

A person shall not serve nor shall an AOC holder use a person as a check airman or simulator instructor unless, since the beginning of the 12^th calendar month before that service, that person has—
1. (a) flown at least 5 flights as a required crew member for the type of aircraft involved; or
1. (b) observed, on the flight deck, the conduct of 2 complete flights in the aircraft type to which the person is assigned.

8.10.1.44 Termination of a Proficiency, Competence or Line Check

If it is necessary to terminate a check as a result of flight crew proficiency, the AOC holder shall not use the crew member or flight operations officer in commercial air transport operations until the completion of a satisfactory recheck.

8.10.1.45 Recording of Crew Member Qualifications

(1) An AOC holder shall record in its records maintained for each crew member and flight operations officer, the completion of each of the qualifications required by this Part.

(2) A pilot may complete the curricula required by this Part concurrently or intermixed with other required curricula, but completion of each of these curricula shall be recorded separately.

8.10.1.46 Monitoring of Training and Checking Activities

(1) To enable adequate supervision of its training and checking activities, the AOC holder shall forward to the Authority at least 7 days prior to the scheduled activity the dates, report times and report location of all—
1. (a) training for which a curriculum is approved in the AOC holder's training program; and
1. (b) proficiency, competence and line checks.

(2) Failure to provide the information required by paragraph (1) may invalidate the training or check and the Authority may require that it be repeated for observation purposes.

8.10.1.47 Eligibility Period

(1) All crew members who are required to take a proficiency check, a test or competency check, or recurrent training to maintain qualification for commercial air transport operations may complete those requirements at any time during the eligibility period.

(2) The eligibility period is defined as the final 3 calendar months of the validity of the previous check. If of any of the checks and or training required in paragraph (1) are completed during the eligibility period, they shall be considered as if completed in the month-due, for the purpose of calculating the next due date.

8.10.1.48 Reductions In Requirements

(1) The Authority may authorise reductions in, or waive, certain portions of the training requirements of this subpart, taking into account the previous experience of the crew members.

(2) An AOC holder's request for reduction or waiver shall be made in writing and outline the basis under which the request is made.

(3) If the request was for a specific crew member, the correspondence from the Authority authorising the reduction and the basis for it shall be filed in the record the AOC holder maintains for that crew member.

(4) A person who progresses successfully through flight training, is recommended by their instructor or a check airman, and successfully completes the appropriate flight check for a check airman, or is permitted by the Authority, to complete a course in less than programmed time, need not complete the programmed hours of flight training for the particular aircraft.

Note: Whenever the Authority finds that 20 per cent of the flight checks given at a particular training base during the previous 6 months are unsuccessful, this method of approval will not be used by the AOC holder at that base until the Authority finds that the effectiveness of the flight training there has improved.

8.11 REST PERIODS, DUTY, AND FLIGHT TIME: COMMERCIAL AIR TRANSPORT

8.11.1.1 Applicability

This scheme shall apply in relation to any duty carried out at the behest of the AOC holder by both flight crew and cabin crew. AOC holders are given the option of omitting paragraph(s) where this symbol “‡” is annotated.

8.11.1.2 Purpose

The purpose of the scheme is to interpret the requirements of the relevant sections of the Civil Aviation Regulations as they apply to the regulation of flight times and the avoidance of fatigue in aircrew.

8.11.1.3 Responsibilities

(1) An AOC holder shall publish rosters in advance so that operating crews can plan adequate pre-flight rest.

(2) All crew members shall be given at least 7 days notice of days off.

(3) Before the start of the roster year, the start and finish dates of each roster period, plus the expected publication date, shall be issued to crew members.

(4) Responsibility for the proper control of flight and duty time does not rest wholly with the AOC holder. All crew members shall have a responsibility to make optimum use of the opportunities and facilities for rest provided.

(5) All crew members shall be responsible for planning and using their rest periods properly in order to minimize incurring fatigue.

(6) A crew member shall not act as operating crew if he or she knows, or suspects that his or her physical or mental condition renders him or her unfit to operate and he or she shall not fly if he or she knows that he or she is, or are likely to be, in breach of this scheme.

8.11.1.4 Definitions

Definitions in the flight duty scheme shall have the meanings defined in IS: 8.11.1.4.

8.11.1.5 Flight Duty Period

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.5.

8.11.1.6 Flight Duty Period Tables

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.6.

8.11.1.7 Limits on Two Flight Crew Long Range Operations

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.7.

8.11.1.8 Extension Of Flying Duty Period By In-flight Relief

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.8.

8.11.1.9 Calculation Of Delay Reporting Times In A Single FDP

Delayed reporting times in a single flight duty period prior to leaving a place of rest shall be calculated as prescribed in IS: 8.11.1.9.

8.11.1.10 Aircraft Commander's Discretion To Extend A FDP

An aircraft commander's discretion to extend a flight duty period shall be as prescribed in IS: 8.11.1.10.

8.11.1.11 Split Duty Extensions

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.11.

8.11.1.12 Reporting Exercise Of Discretion To An Extension Of A FDP

(1) Whenever a commander extends an FDP it shall be reported to (Specify reporting point, i.e. Operations Manager ) on a Discretion Report Form, in the format of (Specify Company form).

(2) If the extension under subsection (1) is greater than 2 hours, then the company shall submit the commander's written report, together with the AOC holder's comments, to the Authority, within 14 days of the aircraft's return to base.

8.11.1.13 Late Finishes/Early Starts

No AOC holder shall schedule a crew member except as prescribed in IS: 8.11.1.13.

8.11.1.14 Standby Duty

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.14.

8.11.1.15 Mixed Duties

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.15.

8.11.1.16 Deadheading

Travelling time shall be interpreted as prescribed in IS: 8.11.1.16.

8.11.1.17 Travelling Time

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.1.17

8.11.1.18 Rest Periods

An AOC holder shall not schedule rest periods except as prescribed in IS: 8.11.1.18.

8.11.1.19 Aircraft Commander's Discretion To Reduce A Rest Period

An aircraft commander's discretion to reduce a rest period shall be as prescribed in IS: 8.11.1.19.

8.11.1.20 Reporting Exercise Of Discretion To Reduce A Rest Period

Whenever a commander reduces a rest period, it shall be reported as prescribed in IS 8.11.1.20.

8.11.1.21 Days Off

An AOC holder shall not schedule a crew member except as prescribed in IS: 8.11.21.

8.11.1.22 Absolute Limit on Flying Hours

Absolute limit on flying hours shall be as prescribed in IS: 8.11.1.22.

8.11.1.23 Cumulative Duty Hours

Crew members cumulative duty hours shall be as prescribed in IS: 8.11.1.23.

8.11.1.24 Calculation of Cumulative Duty Hours

Calculation of cumulative duty hours shall be as prescribed in IS: 8.11.1.24.

8.11.1.25 Records to be Maintained

Records for flight and duty time and rest periods of all flying staff shall be as prescribed in IS: 8.11.1.25.

8.12 FLIGHT RELEASE: COMMERCIAL AIR TRANSPORT

8.12.1.1 Applicability

This Subpart is applicable to an AOC holder and the person designated by the AOC holder to issue a flight release.

8.12.1.2 Qualified Persons Required For Operational Control Functions

(1) A qualified person shall be designated by the AOC holder to exercise the functions and responsibilities for operational control of each flight in commercial air transport.

(2) For passenger-carrying flights conducted on a published schedule, a licensed and qualified flight operations officer or an equivalently qualified person shall be on-duty at an operations base to perform the operational control functions.

(3) For all other flights, the qualified person exercising operational control responsibilities shall be available for consultation prior to, during and immediately following the flight operation.

(4) For all flights, a PIC shall share in the responsibility for operational control of the aircraft and shall have the situational authority to make decisions regarding operational control issues in-flight.

(5) Where a decision of the PIC differs from that recommended, the person making the recommendation shall make a record of the associated facts.

8.12.1.3 Functions Associated With Operational Control

The person exercising responsibility for operational control for an AOC holder shall—
1. (a) authorise the specific flight operation;
1. (b) ensure that an airworthy aircraft properly equipped for the flight is available;
1. (c) ensure that qualified personnel and adequate facilities are available to support and conduct the flight;
1. (d) ensure that proper flight planning and preparation is made;
1. (e) ensure that flight locating and flight following procedures are followed; and
1. (f) for scheduled, passenger-carrying flights, ensure the monitoring of the progress of the flight and the provision of information that may be necessary to safety.

8.12.1.4 Operational Control Duties

(1) For passenger-carrying flights conducted on a published schedule, the qualified person performing the duties of a flight operations officer shall—
1. (a) assist the PIC in flight preparation and provide the relevant information required;
1. (b) assist the PIC in preparing the operational and ATC flight plans;
1. (c) sign the dispatch copy of the flight release;
1. (d) furnish the PIC while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight; and
1. (e) in the event of an emergency, initiate the applicable procedures contained in the AOC holder's operations manual.

(2) A qualified person performing the operational control duties shall avoid taking any action that would conflict with the procedures established by—
1. (a) air traffic control;
1. (b) the meteorological service;
1. (c) the communications service; or
1. (d) AOC holder.

8.12.1.5 Contents of a Flight Release

The flight release shall contain at least the following information concerning each flight:
1. (a) company or organisation name;
1. (b) make, model, and registration number of the aircraft being used;
1. (c) flight or trip number, and date of flight;
1. (d) name of each flight crew member, Cabin Crew, and PIC;
1. (e) departure aerodrome, destination aerodromes, alternate aerodromes, and route;
1. (f) minimum fuel supply (in gallons or pounds);
1. (g) a statement of the type of operation (e.g., IFR, VFR);
1. (h) the latest available weather reports, and forecasts for the destination aerodrome and alternate aerodromes;
1. (i) any additional available weather information that the PIC considers necessary.

8.12.1.6 Flight Release: Aircraft Requirements

(1) A person shall not issue a flight release for a commercial air transport operation unless the aircraft is airworthy and properly equipped for the intended flight operation.

(2) A person shall not issue a flight release for a commercial air transport operation using an aircraft with inoperative instruments and equipment installed, except as specified in the Minimum Equipment List approved for the AOC holder for that type aircraft.

8.12.1.7 Flight Release: Facilities And Notams

(1) A person shall not release an aircraft over any route or route segment unless there are adequate communications and navigational facilities in satisfactory operating condition as necessary to conduct the flight safely.

(2) The flight operations officer shall ensure that the PIC is provided all available current reports or information on aerodrome conditions and irregularities of navigation facilities that may effect the safety of the flight.

Note: For their review of the operational flight plan, the PIC will be provided with all available NOTAMs with respect to the routing, facilities and aerodromes.

8.12.1.8 Flight Release: Weather Reports And Forecasts

(1) A person shall not release a flight unless he or she is thoroughly familiar with reported and forecast weather conditions on the route to be flown.

(2) A person shall not release a flight unless he or she has communicated all information and reservations they may have regarding weather reports and forecasts to the PIC.

8.12.1.9 Flight Release In Icing Conditions

(1) A person shall not release an aircraft, when in their opinion or that of the PIC, the icing conditions that may be expected or are met, exceed that for which the aircraft is certified and has sufficient operational de-icing or anti-icing equipment.

(2) A person shall not release an aircraft any time if the conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, unless there is the available to the PIC at the aerodrome of departure adequate facilities and equipment to accomplish the procedures approved for the AOC holder by the Authority for ground de-icing and anti-icing.

8.12.1.10 Flight Release under VFR or IFR

A person shall not release a flight under VFR or IFR unless the weather reports and forecasts indicate that the flight can reasonably be expected to be completed as specified in the release.

8.12.1.11 Flight Release: Minimum Fuel Supply

A person shall not issue a flight release for a commercial air transport operation unless the fuel supply specified in the release is equivalent to or greater than the minimum flight planning requirements of this Part, including anticipated contingencies.

8.12.1.12 Flight Release: Aircraft Loading And Performance

A person shall not issue a flight release unless he or she is familiar with the anticipated loading of the aircraft and is reasonably certain that the proposed operation will not exceed the—
1. (a) centre of gravity limits;
1. (b) aircraft operating limitations; and
1. (c) minimum performance requirements.

8.12.1.13 Flight Release: Amendment or Re-Release En Route

(1) A person who amends a flight release while the flight is en route shall record that amendment.

(2) A person shall not amend the original flight release to change the destination or alternate aerodrome while the aircraft is en route unless the flight preparation requirements for routing, aerodrome selection and minimum fuel supply are met at the time of amendment or re-release.

(3) A person shall not allow a flight to continue to an aerodrome to which it has been released if the weather reports and forecasts indicate changes which would render that aerodrome unsuitable for the original flight release.

8.12.1.14 Flight Release With Airborne Weather Radar Equipment

A person shall not release a large aeroplane carrying passengers when current weather reports indicate that thunderstorms, or other potentially hazardous weather conditions that can be detected with airborne weather radar, may reasonably be expected along the route to be flown, unless the airborne weather radar equipment is in satisfactory operating condition.

PART 9
AIR OPERATOR CERTIFICATION AND ADMINISTRATION

CONTENTS

9.1	AIR OPERATOR CERTIFICATE
9.1.1.1	Applicability
9.1.1.2	Definitions
9.1.1.3	Acronyms
9.1.1.4	Compliance with an Air Operator Certificate
9.1.1.5	Application for an Air Operator Certificate
9.1.1.6	Issuance or Denial of Air Operator Certificate
9.1.1.7	Contents of Air Operator Certificate
9.1.1.8	Duration of an Air Operator Certificate
9.1.1.9	Amendment of an Air Operator Certificate
9.1.1.10	Access for Inspection
9.1.1.11	Conducting Tests and Inspections
9.2	AIR OPERATOR CERTIFICATION AND CONTINUED VALIDITY
9.2.1.1	Applicability
9.2.2	Administration
9.2.2.1	Base of Operations
9.2.2.2	Management Personnel Required for Commercial Air Transport Operations
9.2.2.3	Quality System
9.2.2.4	Submission and Revision of Policy and Procedure Manuals
9.2.2.5	Retention and Maintenance of Personnel Records
9.2.2.6	Flight Deck Voice and Flight Data Recorder Records
9.2.2.7	(RESERVED)
9.2.2.8	AOC Holder's Aircraft Technical Log
9.2.2.9	Company Procedures Indoctrination
9.2.3	Aircraft
9.2.3.1	Authorised Aircraft
9.2.3.2	Dry Leasing of Foreign Registered Aircraft
9.2.3.3	Aircraft Interchange
9.2.3.4	Wet-Leasing
9.2.3.5	Emergency Evacuation Demonstration
9.2.3.6	Demonstration Flights
9.2.4	Facilities and Operations Schedules
9.2.4.1	Facilities
9.2.4.2	Operations Schedules
9.3	AOC FLIGHT OPERATIONS MANAGEMENT
9.3.1.1	Applicability
9.3.1.2	Operations Manual
9.3.1.3	Training Programme
9.3.1.4	Aircraft Operating Manual
9.3.1.5	AOC Holder's Aircraft Technical Log – Journey Records Section
9.3.1.6	Designation of PIC for Commercial Air Transport
9.3.1.7	Required Cabin Crews
9.3.1.8	Carriage of Special Situation Passengers
9.3.1.9	Crew Member Checking and Standardisation Programme
9.3.1.10	Training to Proficiency: Pilots
9.3.1.11	Cockpit Check Procedure
9.3.1.12	Minimum Equipment List and Configuration Deviation List
9.3.1.13	Performance Planning Manual
9.3.1.14	Performance Data Control System
9.3.1.15	Aircraft Loading and Handling Manual
9.3.1.16	Mass and Balance Data Control System
9.3.1.17	Cabin Crew Manual
9.3.1.18	Passenger Briefing Cards
9.3.1.19	Aeronautical Data Control System
9.3.1.20	Route Guide
9.3.1.21	Weather Reporting Sources
9.3.1.22	De-icing and Anti-icing Programme
9.3.1.23	Flight Supervision and Monitoring System
9.3.1.24	Flight Following System
9.3.1.25	Communications Facilities
9.3.1.26	Routes and Areas of Operation
9.3.1.27	Navigational Accuracy
9.4	AOC MAINTENANCE REQUIREMENTS
9.4.1.1	Applicability
9.4.1.2	Maintenance Responsibility
9.4.1.3	Approval and Acceptance of AOC Maintenance Systems and Programmes
9.4.1.4	Maintenance Control Manual
9.4.1.5	Maintenance Management
9.4.1.6	Quality System
9.4.1.7	Aircraft Technical Log Entries: AOC Holders
9.4.1.8	Maintenance Records
9.4.1.9	AOC Holder's Aircraft Technical Log – Maintenance Record Section
9.4.1.10	Release to Service or Maintenance Section Records of the Technical Log
9.4.1.11	Modification and Repairs
9.4.1.12	Aircraft Maintenance Programme
9.4.1.13	RESERVED
9.4.1.14	Authority to Perform and Approve Maintenance, Preventive Maintenance and Modifications
9.4.1.15	RESERVED
9.4.1.16	Rest and Duty Limitations for Persons Performing Maintenance Functions on AOC Holder Aircraft
9.5	AOC SECURITY MANAGEMENT
9.5.1.1	Applicability
9.5.1.2	Security Requirements
9.5.1.3	Security Training Programmes
9.5.1.4	Reporting Acts of Unlawful Interference
9.5.1.5	Aircraft Search Procedure Checklist
9.5.1.6	Flight Crew Compartment Security
9.6	AOC DANGEROUS GOODS MANAGEMENT
9.6.1.1	Applicability
9.6.1.2	Approval to Transport Dangerous Goods
9.6.1.3	Scope
9.6.1.4	Limitations on The Transport of Dangerous Goods
9.6.1.5	Classification
9.6.1.6	Packing
9.6.1.7	Labelling and Marking
9.6.1.8	Dangerous Goods Transport Document
9.6.1.9	Acceptance of Dangerous Goods
9.6.1.10	Inspection for Damage, Leakage or Contamination
9.6.1.11	Removal of Contamination
9.6.1.12	Loading Restrictions
9.6.1.13	Provision of Information
9.6.1.14	Training programmes
9.6.1.15	Dangerous Goods Incident and Accident Reports