Detail

Back to Revised Laws of Saint Lucia (2023)

2. Interpretation and construction

(1) In these Regulations,

“Act” means the Civil Aviation Act;

“aerial work” means the use of an aircraft for any purpose, other than commercial air transport, for which an aircraft is flown for hire or reward in respect to the business or purpose of the flight;

“aeroplane” means a power-driven heavier than air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“airman” means any person certificated to perform a service relating to an aircraft, maintenance or flight operation;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

“air operator certificate” means a certificate issued by the Authority or competent authority of another State authorizing the holder to conduct commercial air transport;

“approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1000 feet above the relevant specified decision height or minimum descent height;

“approved maintenance organisation” means an organization which holds a valid approved maintenance organization certificate;

“approved maintenance organisation certificate” means an approved maintenance organisation certificate issued pursuant to Chapter 6;

“aviation training organisation” an organisation which holds a valid aviation training organisation certificate;

“aviation training organisation certificate” means an aviation training organisation certificate issued pursuant to Chapter 3;

“appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

“authorised person” means any person authorised by the Minister either generally or in relation to a particular case or class of cases, and references to a person authorised by the Minister include reference to the holder for the time being of any office designated by the Minister;

“cargo” includes mail and animals;

“certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” means airspace respectively notified as such, in accordance with the appropriate International Civil Aviation Organisation definition;

“ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than 1/2 of the sky so visible;

“commercial air transport” means an undertaking whose business includes the carriage by air of passengers or cargo for remuneration, hire or reward that is not considered aerial work;

“competent authority” means in relation to Saint Lucia, the Minister, and in relation to any other State the authority responsible under the law of that State for promoting the safety of civil aviation;

“Contracting State” means any State, including Saint Lucia, which is party to the Chicago Convention;

“controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“co-pilot”, in relation to an aircraft, means a pilot who in performing his or her duties as such is subject to the direction of another pilot carried in the aircraft;

“crew member” means any person required to perform duties on an aircraft in flight;

“Director” means the Director of the Eastern Caribbean Civil Aviation Authority appointed pursuant to the Act;

“document” means a civil aviation document referred to in, or issued or validated under, these Regulations and includes, a licence, rating, authorisation, permit and certificate and a copy of the document;

“flight crew” in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot and flight engineer of the aircraft;

“flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

“foreign air operator” means a person whose air operator certificate is issued and controlled by a civil aviation authority in a State other than Saint Lucia;

“general aviation operation” means any aircraft flight operation other than for the purpose or business of commercial air transport or aerial work;

“land”, when used as a verb in relation to an aircraft, includes alighting on water;

“licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the State in which the licence is granted;

“logbook” in the case of an aircraft logbook, engine logbook or variable pitch propeller logbook, or personal flying logbook, includes a record kept either in a book, or by any other means approved by the Minister in the particular case;

“maximum total weight authorized” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favorable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

“military aircraft” means a naval, military or air force aircraft of any State and any aircraft in respect of which there is in force a certificate issued by the Minister that the aircraft is to be treated for the purposes of these Regulations as a military aircraft;

“night” means the time between half an hour after sunset until half an hour before sunrise, sunset and sunrise being determined at surface level;

“notified” means shown in any of the following publications for the time being in force and issued in Saint Lucia whether before or after the coming into operation of these Regulations that is to say, notices to airmen, aeronautical information publications, or such other official publications so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

“operator” means any person who is responsible for the aircraft for a particular flight;

“person” includes a body corporate or an unincorporated body;

“parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

“passenger” means a person other than a member of the crew;

“pilot” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

“pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“record” means anything in which information of any description is recorded;

“replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded.

(2) Additional definitions are contained in the Schedule.

(3) An aircraft shall be deemed to be in flight from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing; and the expressions “a flight,” “to fly” and “flight time” shall be construed accordingly.

(4) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.

(5) References in these Regulations to the operator of an aircraft are, for the purposes of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly.

(6) A power to issue directions under these Regulations shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of Saint Lucia and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of these Regulations.

(7) For the purpose of these Regulations, the term “instrument” means a document issued by the Government of Saint Lucia and includes any Regulations, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, authorizations, logbook record or other document.

(8) Any power conferred by these Regulations to issue, make, serve or grant any instrument shall be construed as including a power exercisable, in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.