I ASSENT Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 Subsidiary Legislation made under s. 33.
CIVIL AVIATION (AIR NAVIGATION) REGULATIONS
2009
(LN. 2009/008)
Commencement 29.1.2009
Amending
enactments
Relevant current
provisions
Commencement
date
Act. 2012-02 r. 2(1) 29.3.2012
LN. 2012/223 rr. 2(1), (4), 4A, 5(1), (4), 6(1), (2), 6A,
6B, 7(1A), 8(3), 13A, 14, 16, 17, 18,
18A, 19, 20(2), 20A, 30(1), (2), 40(5)(b),
45, 48(5), 51, 51A, 59A, 60, 61, 62, 63,
64, 65-68, 69,70, 72, 73, 74, 74A, 75, 77,
78A, 79,80(8), 81(1), (4), 82(1), (2)(a)(i),
(b)(i), (ii),(iii), (iv), (c),(d), (e), 89A,
91(1)(b), (3), 92, 98(1)(b), (c), 102(e),
103, 105(1), (2), (3), (4), 111(8)(c),
114(1), Sch.3 & 5
20.12.2012
2014/255 rr. 2, 16(5), 33, 34(2), 45, 50(11)(b), 52A,
88, 98A, 99, 100, 101, 105(1), (2), 106,
107, 110, 114(1A), Sch.5
18.12.2014
2015/164 r. 3(4) 1.11.2015
2015/191 rr. 2, 96, 97, 107(6), 114, 114A, Sch. 5 15.11.2015
Transposing:
Directive 2006/23/EC
EU Legislation/International Agreements involved:
Regulation (EC) No 1702/2003
Regulation (EC) No 2042/2003
Regulation (EC) No 730/2006
Regulation (EC) No 1033/2006
Regulation (EC) No 1794/2006
Regulation (EC) No 1265/2007
Regulation (EC) No 216/2008
Regulation (EC) No 216/2008
Regulation (EC) No 1108/2009
Regulation (EU) No 255/2010
Regulation (EU) No 996/2010
Regulation (EU) No 1035/2011
Regulation (EU) No 805/2011
Regulation (EU) No 965/2012
Regulation (EU) No 139/2014
Regulation (EU) No 376/2014
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 ARRANGEMENT OF REGULATIONS
Regulation
1. Title and commencement.
2. Interpretation.
2A. Public transport.
PART 1
Registration and Marking of Aircraft
3. Aircraft to be registered.
4. Nationality and registration marks.
4A. Operational directives.
PART 2
Airworthiness and Equipment of Aircraft
5. Certificate of airworthiness to be in force.
6. Validation of permits to fly or equivalent documents.
6A. Requirement for a certificate of release to service for EASA aircraft.
6B. Access and inspection for airworthiness purposes.
7. Equipment of aircraft.
8. Radio equipment of aircraft.
9. Access and inspection for airworthiness purposes.
PART 3
Aircraft Crew and Licensing
10. Composition of crew of aircraft.
11. Members of flight crew—requirement for licence.
12. Instruction in flying.
13. Glider pilot—minimum age.
13A. Training for landing on or taking off from water.
PART 4
Operation of Aircraft
14. Commercial air transport and public transport operations at night or
in Instrument Meteorological Conditions by aeroplanes with one
power unit.
15. Aerodrome operating minima - public transport aircraft.
16. Aerodrome operating minima — aerial work and private aircraft.
17. Pilots to remain at controls.
18. Pre-flight action by commander of aircraft.
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 18A. Commander to be satisfied that flight can be safely completed.
19. Passenger briefing by commander.
20. Operation of radio in aircraft.
20A. Flights over any foreign country.
21. Height keeping performance.
22. Area navigation and required navigation performance capabilities.
23. Use of airborne collision avoidance system.
24. Training in use of airborne collision avoidance system.
25. Towing of gliders.
26. Operation of self-sustaining gliders.
27. Towing, picking up and raising of persons and articles.
28. Dropping of articles and animals.
29. Dropping of persons and grant of parachuting permissions.
30. Carriage of weapons and of munitions of war.
31. Method of carriage of persons.
32. Endangering safety of an aircraft.
33. Deleted.
34. Drunkenness in aircraft.
35. Smoking in aircraft.
36. Authority of commander of aircraft.
37. Acting in a disruptive manner.
38. Stowaways.
39. Flying displays.
PART 5
Protection of Crew from Cosmic Radiation
40. Protection of air crew from cosmic radiation.
PART 6
Documents and Records
41. Documents to be carried.
42. Keeping and production of records of exposure to cosmic radiation.
43. Production of documents and records.
44. Production of air traffic service equipment documents and records.
45. Power to inspect and copy documents and records.
46. Revocation, suspension and variation of certificates, licences and
other documents.
47. Revocation, suspension and variation of permissions, etc. granted
under regulation 91 or regulation 93.
48. Offences in relation to documents and records.
PART 7
Movement of Aircraft
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 49. Power to prohibit or restrict flying.
50. Balloons, kites, airships, gliders and parascending parachutes.
51. Small unmanned aircraft.
51A. Small unmanned surveillance aircraft.
52. Regulation of rockets.
52A. SERA.
PART 8
Air Traffic Services
53. Requirement for an air traffic control approval.
54. Duty of person in charge to satisfy himself as to competence of
controllers.
55. Manual of air traffic services.
56. Provision of air traffic services.
57. Making of an air traffic direction in the interests of safety.
58. Making of a direction for airspace policy purposes.
59. Use of radio call signs at the Gibraltar Airport.
59A. Approval of instrument flight procedures.
PART 9
Licensing of Air Traffic Controllers
60. Prohibition of unlicensed air traffic controllers and student air traffic
controllers.
61. Omitted.
62. Omitted.
63. Omitted.
64. Period for which a student air traffic controller licence remains in
force.
65. Omitted.
66. Omitted.
67. Omitted.
68. Omitted.
69. Fatigue of air traffic controllers.
70. Acting under the influence of psychoactive substances or medicines.
71. Failing exams, assessments or tests.
72. Use and approval of simulators.
73. Approval of courses, persons and simulators.
74. Certification of training organisations and mutual recognition of
training certificates.
74A. Certified training organisations - production of records.
75. Omitted.
76. Approval of competence examiners and assessors.
77. Designation of certain functions on the Director and mutual
recognition of air traffic controller’s licences.
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 78. Acting as an air traffic controller and a student air traffic controller.
78A. Provisional suspension or variation of air traffic controller and
student air traffic controller licences, ratings, certificates and
endorsements.
79. Definitions relevant to this Part.
PART 10
Air Traffic Service Equipment
80. Air traffic service equipment.
81. Air traffic service equipment records.
PART 11
The Gibraltar Airport, Aeronautical Lights and Dangerous Lights
82. Requirement to use Gibraltar airport.
83. Use of the Gibraltar Airport.
84. Use of the Gibraltar Airport by aircraft of Contracting States and of
the Commonwealth.
85. Noise and vibration caused by aircraft at the Gibraltar Airport.
86. Aeronautical lights.
87. Lighting of en-route obstacles.
88. Lighting of wind turbine generators in BGTW.
89. Dangerous lights.
89A. Lights which dazzle or distract.
90. Aviation fuel at the Gibraltar Airport.
PART 12
General
91. Restriction on carriage for valuable consideration.
92. Filing and approval of tariffs.
93. Restriction on aerial photography, aerial survey and aerial work.
94. Flights over any foreign country.
95. Directions to operators of aircraft to make data available.
96. Revoked.
97. Revoked.
98. Power to prevent aircraft flying.
98A. Grounded aircraft not to fly.
99. Deleted
100. Deleted
101. Deleted
102. Right of access to the Gibraltar Airport and other places.
103. Obstruction of persons.
104. Directions.
105. Penalties.
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 106. Extent of the Regulations.
107. Application of the Regulations to the Crown and visiting forces, etc.
108. Exemption from Regulations.
109. Appeal to Supreme Court.
110. Dimensions of aerodrome traffic zone.
111. Exceptions from application of provisions of the Regulations for
certain classes of aircraft.
112. Approval of persons to furnish reports.
113. Certificates, authorisations, approvals and permissions.
114. Competent authority.
114A. Functions to be exercised by the Director for the purposes of the
Occurrence Reporting Regulation.
115. Saving.
SCHEDULE 1
Classification of aircraft
SCHEDULE 2
Radio communication and radio navigation equipment to be carried in
aircraft
SCHEDULE 3
Omitted.
SCHEDULE 4
Air traffic service equipment—records required and matters to which the
Director may have regard
PART A
Records to be kept in accordance with regulation 81(1)
PART B
Records required in accordance with regulation 81(4)(c)
PART C Matters to which the Director may have regard in granting an approval of apparatus under
regulation 81(5)
SCHEDULE 5
Penalties
PART A
Provisions referred to in regulation 105(5)
PART B
Provisions referred to in regulation 105(6)
PART C
Provisions referred to in regulation 105(7)
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 In exercise of the powers conferred on him by section 33 of the Civil Aviation Act 2009 and of all other enabling powers, the Minister has made
the following Regulations.
Title and commencement.
1. These Regulations may be cited as the Civil Aviation (Air Navigation)
Regulations 2009 and come into operation on the 29 January 2009.
Interpretation.
2.(1) In these Regulations
“2009 Order” means the United Kingdom’s Air Navigation Order 2009
as amended from time to time;
“Act” means the Civil Aviation Act 2009;
“aerial work” means any purpose other than commercial air transport or
public transport, for which an aircraft is flown if valuable
consideration is given or promised for the flight or the purpose of
the flight;
“aerial work aircraft” means an aircraft (other than a commercial air
transport aeroplane or a public transport aircraft) flying, or intended
by the operator to fly, for the purpose of aerial work;
“aerial work undertaking” means an undertaking whose business includes
the performance of aerial work;
“aerodrome” means a defined area (including any buildings, installations
and equipment) intended to be used either wholly or in part for the
arrival, departure and surface movement of aircraft;
“aerodrome control service” means an air traffic control service to
aerodrome traffic;
“aerodrome operating minima” in relation to the operation of an aircraft
at an aerodrome means the cloud ceiling and runway visual range
for take-off, and the decision height or minimum descent height,
runway visual range and visual reference for landing, which are the
minimum for the operation of that aircraft at that aerodrome;
“aerodrome traffic” means all traffic on the manoeuvring area of an
aerodrome and all aircraft flying in the vicinity of an aerodrome
and for this purpose an aircraft operating in the vicinity of an
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 aerodrome includes, but is not limited to, aircraft entering or leaving an aerodrome traffic circuit;
““aerodrome traffic circuit” means the path to be flown by aircraft
operating in the vicinity of an aerodrome under SERA.3225(b);
“aerodrome traffic zone” means, subject to regulation 110, an airspace of
defined dimensions established around an aerodrome for the
protection of aerodrome traffic;
“aeronautical beacon” means an aeronautical ground light which is
visible either continuously or intermittently to designate a particular
point on the surface of the earth;
“aeronautical ground light” means any light specially provided as an aid
to air navigation, other than a light displayed on an aircraft;
“aeronautical radio station” means a radio station on the surface, which
transmits or receives signals for the purpose of assisting aircraft;
“air control” means an aerodrome control service excluding that part of
the aerodrome control service provided by ground movement
control;
“air/ground communications service” means a service provided from an
aerodrome to give information to aerodrome traffic by means of
radio signals and ‘air/ground communications service unit’ shall be
construed accordingly;
“air traffic control service” means a service provided for the purpose of–
(a) preventing collisions between aircraft and, on the manoeuvring
area, between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
“air traffic control unit” means a unit of air traffic controllers established
by a person to provide an area control service, an aerodrome
control service or an approach control service;
“air traffic service equipment” means ground based equipment, including
an aeronautical radio station, used or intended to be used in
connection with the provision of a service to an aircraft in flight or
on the ground which equipment is not otherwise approved by or
under these Regulations but excluding
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 (a) any public electronic communications network; and
(b) any equipment in respect of which the Director has made a
direction that it shall be deemed not to be air traffic service
equipment for the purposes of regulations 80 and 81;
“air transport undertaking” means an undertaking whose business
includes the undertaking of flights for the purpose of the
commercial air transport or public transport;
“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;
“airfield” means that part of the Gibraltar Airport designed, equipped, set
apart or commonly used for affording facilities for the landing and
departure of aircraft;
“airfield operator” means the RAF Station Commander at RAF Gibraltar;
“alternate aerodrome” means an aerodrome to which an aircraft may
proceed when it becomes either impossible or inadvisable to
proceed to or to land at the aerodrome of intended landing;
“approach control service” means an air traffic control service for any
aircraft which is not receiving an aerodrome control service, which
is flying in, or in the vicinity of the aerodrome traffic zone of the
aerodrome in respect of which the service is being provided,
whether or not the aircraft is flying by visual reference to the
surface;
“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 1,000 feet above the relevant specified decision height or
minimum descent height;
“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;
“appropriate air traffic control unit” means in relation to an aircraft either
the air traffic control unit serving the area in which the aircraft is
for the time being or the air traffic control unit serving the area
which the aircraft intends to enter and with which unit the aircraft
is required to communicate prior to entering that area, as the
context requires;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “apron” means a defined area of an aerodrome which is intended to
accommodate aircraft for the purpose of loading or unloading
passengers, mail or cargo, refuelling, parking or maintenance;
“area control centre” means an air traffic control service for an aircraft
flying in a control area;
“area control service” means an air traffic control service for any aircraft
which is flying neither in nor in the vicinity of an aerodrome traffic
zone;
“area navigation equipment” means equipment carried on board an
aircraft which enables the aircraft to navigate on any desired flight
path within the coverage of appropriate ground based navigation
aids or within the limits of that on-board equipment or a
combination of the two;
“authorised person” means
(a) any police officer; and
(b) any person authorised by the Director (whether by name or by
class or description) either generally or in relation to a
particular case or class of cases;
“automated reservation system” means, in relation to an operator of an
aircraft, the central reservation system of the operator which holds
data relating to a flight booked by or on behalf of a passenger;
“Basic EASA Regulation” means Regulation (EC) No. 216/2008 of the
European Parliament and of the Council of 20 th
February 2008 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency, and repealing Council Directive
91/670/EEC, Council Regulation (EC) No. 1592/2002 and
Directive 2004/36/EC, as the same may be amended from time to
time;
“BGTW” means British Gibraltar Territorial Waters which is the area of
sea, the sea bed and subsoil within the seaward limits of the
territorial sea adjacent to Gibraltar under British sovereignty and
which, in accordance with the United Nations Convention on the
Law of the Sea 1982, currently extends to three nautical miles and
to the median line in the Bay of Gibraltar;
“CAA” means the Civil Aviation Authority of the United Kingdom;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “cabin crew” in relation to an aircraft means those persons on a flight for
the purpose of public transport carried for the purpose of
performing in the interests of the safety of passengers duties to be
assigned by the operator or the commander of the aircraft but who
shall not act as a member of the flight crew;
“captive balloon” means a balloon which when in flight is attached by a
restraining device to the surface;
“captive flight” means flight by an uncontrollable balloon during which it
is attached to the surface by a restraining device;
“cargo” includes mail and (for the avoidance of doubt) animals;
“certificate of airworthiness” includes in the case of a national certificate
of airworthiness any flight manual, performance schedule or other
document, whatever its title, incorporated by reference in that
certificate relating to the certificate of airworthiness;
“certificate of validation” means a certificate issued by the Director
rendering valid for the purposes of these Regulations a certificate
of airworthiness or a permit to fly issued in respect of an aircraft
wherever registered or a licence or approval granted under the law
of a country other than Gibraltar;
“certificate of validity” means a certificate issued for the purpose of
maintaining the validity of a permit to fly;
“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D
airspace” and “Class E airspace” mean airspace respectively
notified as such;
“class rating” in respect of aeroplanes has the meaning specified in
paragraph 1.215 of Section 1 of JAR-FCL 1;
“cloud ceiling” means the height above the ground or water of the base of
the lowest layer of cloud below 6,000 m (20,000 ft) covering more
than half the sky;
“commander” in relation to an aircraft means the member of the flight
crew designated as commander of that aircraft by the operator, or,
failing such a person, the person who is for the time being the pilot
in command of the aircraft;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “the Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the
British Nationality Act 1981 in the United Kingdom and all other
territories forming part of Her Majesty’s dominions or in which
Her Majesty has jurisdiction and ‘Commonwealth citizen’ shall be
construed accordingly;
“commercial air transport flight” means a flight which is required to be
operated in accordance with EU-OPS and an aircraft flies for the
purpose of commercial air transport if the flight is a commercial air
transport flight;
“competent authority” means, subject to regulation 114, in relation to
Gibraltar, the Director and in relation to any other country the
authority responsible under the law of that country for promoting
the safety of civil aviation;
“congested area” means any area which is substantially used for
residential, industrial, commercial or recreational purposes;
“Contracting State” means any State which is party to the Chicago
Convention;
“controllable balloon” means a balloon, not being a small balloon, which
is capable of free controlled flight;
“controlled airspace” means airspace which has been notified as Class A,
Class B, Class C, Class D or Class E airspace;
“control area” means controlled airspace which has been further notified
as a control area and which extends upwards from a notified
altitude or flight level;
“co-pilot” in relation to an aircraft means a pilot who in performing his
duties as such is subject to the direction of another pilot carried in
the aircraft;
“country” includes a territory;
“crew” means a member of the flight crew, a person carried on the flight
deck who is appointed by the operator of the aircraft to give or to
supervise the training, experience, practice and periodical tests
required in respect of the flight crew in accordance with the law of
the country in which the aircraft is registered or the State of the
operator or a member of the cabin crew;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “Danger Area” means airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or
exist at such times as may be notified;
“decision height” in relation to the operation of an aircraft at an
aerodrome means the height in a precision approach at which a
missed approach must be initiated if the required visual reference to
continue that approach has not been established;
“departure control system” means, in relation to an operator of an
aircraft, the system used by the operator to check passengers onto a
flight;
“designated required navigation performance airspace” means airspace
which has been notified, prescribed or otherwise designated by the
competent authority for the airspace as requiring specified
navigation performance capabilities to be met by aircraft flying
within it;
“Director” means the person appointed to the office of Director of Civil
Aviation pursuant to section 6 of the Act or any person appointed
to act as Director on a temporary basis pursuant to section 7 of the
Act;
“disidentification” means removing from reports submitted all personal
details pertaining to the reporter and technical details which might
lead to the identity of the reporter, or of third parties, being inferred
from the information;
“EASA” means the European Aviation Safety Agency;
“EASA aerodrome certificate” means a certificate issued under the
EASA Aerodromes Regulation;
“EASA Aerodromes Regulation” means Commission Regulation (EU)
No 139/2014 of 12 February 2014 laying down requirements and
administrative procedures related to aerodromes pursuant to
Regulation (EC) No 216/2008 of the European Parliament and of
the Council, as the same may be amended from time to time;
“EASA Air Traffic Controller Regulation” means Commission
Regulation (EU) No 805/2011 of 10 August 2011 laying down
detailed rules for air traffic controllers’ licences and certain
certificates pursuant to Regulation (EC) No 216/2008 of the
European Parliament and of the Council, as amended from time to
time;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “EASA aircraft” means an aircraft which is required by virtue of the
Basic EASA Regulation and any implementing rules adopted by
the European Commission in accordance with that Regulation to
hold an EASA certificate of airworthiness, an EASA restricted
certificate of airworthiness or an EASA permit to fly;
“EASA certificate of airworthiness” means a certificate of airworthiness
issued in respect of an EASA aircraft under and in accordance with
subpart P of Part 21;
“EASA certificated aerodrome” means an aerodrome for which an EASA
aerodrome certificate is in force;
“EASA Continuing Airworthiness Regulation” means Commission
Regulation (EC) No. 2042/2003 of 20 November 2003 on the
continuing airworthiness of aircraft and aeronautical products, parts
and appliances, and on the approval of organisations and personnel
involved in these tasks, as amended from time to time;
“EASA permit to fly” means a permit to fly issued in respect of an EASA
aircraft under and in accordance with subpart P of Part 21;
“EASA restricted certificate of airworthiness” means a restricted
certificate of airworthiness issued in respect of an EASA aircraft
under and in accordance with subpart H of Part 21;
“European Aviation Safety Agency” means the Agency established under
the Basic EASA Regulation;
“EU-OPS” means Annex III to the Technical Harmonisation Regulation;
“EU-OPS aeroplane” means an aeroplane operated by an EU-OPS
operator;
“EU-OPS air operator certificate” means an air operator certificate
granted under EU-OPS;
“EU-OPS operator” means an operator who holds an EU-OPS air
operator certificate;
“flight” and “to fly” have the meanings respectively assigned to them by
sub-regulation (2);
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2009-05
Subsidiary
2009/008 “flight check” means a check carried out by an aircraft in flight of the accuracy and reliability of signals transmitted by an aeronautical
radio station;
“flight crew” in relation to an aircraft means those members of the crew
of the aircraft who respectively undertake to act as pilot, flight
navigator, flight engineer and flight radiotelephony operator of the
aircraft;
“flight information service” means
(a) in the case of an aerodrome
(i) the giving of information by means of radio signals to
aircraft flying in or intending to fly within the aerodrome
traffic zone of that aerodrome; and
(ii) the grant or refusal of a permission under SERA.8015 or
under rule 13 in the Schedule to the Rules of the Air
2014; and
(b) in the case of an area control centre, the giving of information
by means of radio signals to aircraft;
and “aerodrome flight information service” shall be construed
accordingly;
“flight information service unit” means a person appointed by the
Director or by any other person maintaining an aerodrome to
provide a flight information service and “aerodrome flight
information service unit” shall be construed accordingly;
“flight level” means one of a series of levels of equal atmospheric
pressure, separated by notified intervals and each expressed as the
number of hundreds of feet which would be indicated at that level
on a pressure altimeter calibrated in accordance with the
International Standard Atmosphere and set to 1013.2 hectopascals;
“flight manual” means a document provided for an aircraft stating the
limitations within which the aircraft is considered airworthy as
defined by the appropriate airworthiness requirements, and
additional instructions and information necessary for the safe
operation of the aircraft;
“flight visibility” means the visibility forward from the flight cockpit of
an aircraft in flight;
Civil Aviation CIVIL AVIATION (AIR NAVIGATION) REGULATIONS 2009
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2009-05
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2009/008 “flying display” means any flying activity deliberately performed for the
purpose of providing an exhibition or entertainment at an
advertised event open to the public;
“flying machine” means an aeroplane, a powered lift tilt rotor aircraft, a
self-launching motor glider, a helicopter or a gyroplane;
“free balloon” means a balloon which when in flight is not attached by
any form of restraining device to the surface;
“free controlled flight” means flight during which a balloon is not
attached to the surface by any form of restraining device (other than
a tether not exceeding 5 metres in length which may be used as part
of the take-off procedure) and during which the height of the
balloon is controllable by means of a device attached to the balloon
and operated by the commander of the balloon or by remote
control;
“glider” means
(a) a non-power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which
remain fixed under given conditions of flight;
(b) a self-sustaining glider; and
(c) a self-propelled hang-glider;
“ground movement control” means that part of an aerodrome control
service provided to an aircraft while it is on the manoeuvring area
or apron of an aerodrome;
“holding” means, in respect of an aircraft approaching an aerodrome to
land, a manoeuvre in the air which keeps that aircraft within a
specified volume of airspace;
“ICAO” means the International Civil Aviation Organisation;
“ICAO licence” means a flight crew licence granted by a Contracting
State;
“instructor’s rating” means a flying instructor’s rating, an assistant flying
instructor’s rating, a flight instructor rating (aeroplane), a flight
instructor rating (helicopter), a type rating instructor rating (multi-
pilot aeroplane), a type rating instructor rating (helicopter), a class
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2009/008 rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor
rating (helicopter);
“instrument approach procedure” means a series of predetermined
manoeuvres by reference to flight instruments, with specified
protection from obstacles, from a specified point to a point from
which a landing can be completed and thereafter, if a landing is not
completed, to a position at which holding or other obstacle
clearance criteria apply;
“instrument Flight Rules” means Instrument Flight Rules prescribed by
Section 5 of SERA and Section 4 of the Schedule to the Rules of
the Air 2014;
“instrument Landing System” means a ground-based radio system
designed to transmit radio signals at very high frequency and ultra
high frequency that allow the pilot of an aircraft to accurately
determine the aircraft’s position relative to a defined approach path
whilst carrying out an approach to land;
“instrument Meteorological Conditions” means weather precluding flight
in compliance with the Visual Flight Rules;
“international headquarters” means an international headquarters
designated by Order in Council under section 1 of the United
Kingdom’s International Headquarters and Defence Organisations
Act 1964;
“international Safety Standards” means the safety standards contained in
the Chicago Convention as in force from time to time;
“international Standards” means the Standards and Recommended
Practices (SARPS) contained in the Annexes to the Chicago
Convention;
“JAA” means the Joint Aviation Authorities, an associated body of the
European Civil Aviation Conference;
“JAA Full Member State” means a State which is a full member of the
JAA;
“JAA licence” means a flight crew licence granted under JAR-FCL 1 or 2
by the competent authority of a JAA Full Member State in
accordance with a procedure which has been assessed as
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2009/008 satisfactory following an inspection by a licensing and a medical standardisation team of the JAA;
“JAR-FCL 1” means, unless otherwise specified, the Joint Aviation
Requirement of the JAA bearing that title including Amendment 5
adopted by the JAA on 1st March 2006;
“JAR-FCL 2” means the Joint Aviation Requirement of the JAA bearing
that title including Amendment 3 adopted by the JAA on 1st
September 2003;
“Kg” means kilogramme or kilogrammes as the context requires;
“Km” means kilometre or kilometres as the context requires;
“to land” in relation to aircraft includes alighting on the water;
“large rocket” means a rocket of which the total impulse of the motor or
combination of motors is more than 10,240 Newton-seconds;
“licence” in relation to a flight crew licence includes any certificate of
competency or certificate of validity or revalidation issued with the
licence or required to be held in connection with the licence by the
law of the country in which the licence is granted;
“lifejacket” includes any device designed to support a person individually
in or on the water;
“log book” in the case of an aircraft log book, engine log book or variable
pitch propeller log book, or personal flying log book, includes a
record kept either in a book, or by any other means approved by the
relevant competent authority in the particular case;
“maintenance” means in relation to an aircraft any one or combination of
overhaul, repair, inspection, replacement, modification or defect
rectification of an aircraft or component, with the exception of pre-
flight inspection;
“manoeuvring area” means that part of an aerodrome used for the take-
off, landing and taxiing of aircraft, excluding the apron;
“maximum approved passenger seating configuration” means the
maximum number of passengers which may be carried in the
aircraft under and in accordance with its certificate of
airworthiness, its flight manual and these Regulations;
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2009/008 “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;
“medium intensity steady red light” means a red light which complies
with the characteristics described for a medium intensity Type C
light as specified in Volume 1 (Aerodrome Design and Operations)
of Annex 14 (Fourth Edition July 2004) to the Chicago
Convention;
“microlight aeroplane” means an aeroplane designed to carry not more
than two persons which has
(a) a maximum total weight authorised not exceeding
(i) 300 kg for a single seat landplane;
(ii) 450 kg for a two seat landplane;
(iii) 330 kg for a single seat amphibian or floatplane; or
(iv) 495 kg for a two seat amphibian or floatplane; and
(b) a stalling speed at the maximum total weight authorised not
exceeding 35 knots calibrated airspeed;
“microwave Landing System” means a ground-based radio system
designed to transmit radio signals at super high frequency that
allow the pilot of an aircraft to accurately determine the aircraft’s
position within a defined volume of airspace whilst carrying out an
approach to land;
“military aircraft” means the naval, military or air force aircraft of any
country and
(a) any aircraft being constructed for the naval, military or air force
of any country under a contract entered into by the Secretary of
State; and
(b) any aircraft in respect of which there is in force a certificate
issued by the Secretary of State that the aircraft is to be treated
for the purposes of the 2009 Order as a military aircraft;
“military rocket” means
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2009/008 (a) any rocket being constructed for the naval, military or air force
of any country under a contract entered into by the Secretary of
State; and
(b) any rocket in respect of which there is in force a certificate
issued by the Secretary of State that the rocket is to be treated
for the purposes of the 2009 Order as a military rocket;
“the Minister” means the Minister with responsibility for Civil Aviation;
“minimum descent height” in relation to the operation of an aircraft at an
aerodrome means the height in a non-precision approach below
which descent may not be made without the required visual
reference;
“nautical mile” means the International Nautical Mile, that is to say, a
distance of 1,852 metres;
“night” means the time from half an hour after sunset until half an hour
before sunrise (both times inclusive), sunset and sunrise being
determined at surface level;
“non-precision approach” means an instrument approach using non-
visual aids for guidance in azimuth or elevation but which is not a
precision approach;
“notified” means in such manner as may be prescribed by the Minister
and different manners of notification may be prescribed for
different purposes;
“occurrence” means an operational interruption, defect, fault or other
irregular circumstance that has or may have influenced flight safety
and that has not resulted in an accident or serious incident as those
terms are defined in regulation 2 of the Civil Aviation
(Investigation of Air Accidents and Incidents) Regulations 2009;
“Occurrence Reporting Regulation” means Regulation (EU) No 376/2014
of the European Parliament and of the Council of 3rd April 2014 on
the reporting, analysis and follow-up of occurrences in civil
aviation, amending Regulation (EU) No 996/2010 of the European
Parliament and of the Council and repealing Directive 2003/42/EC
of the European Parliament and of the Council and Commission
Regulation (EC) No 132/2007 and (EC) No 1330/2007;
“offshore”, in relation to oil or gas installations, means within BGTW;
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2009/008 “offshore service” means an air traffic control service for any aircraft
flying to or from offshore oil and gas installations and for other
aircraft operating in the vicinity of these aircraft in airspace
specified for this purpose in the manual of air traffic services;
“operational position” means a position provided and equipped for the
purpose of providing a particular type of air traffic control service;
“operator” has the meaning assigned to it by sub-regulation (3);
“parascending parachute” means a parachute which is towed by cable in
such a manner as to cause it to ascend;
“Part 21” means the annex so entitled to Commission Regulation (EC)
No. 1702/2003 of 24 September 2003 laying down implementing
rules for the airworthiness and environmental certification of
aircraft and related products, parts and appliances, as well as for the
certification of design and production organisations, as amended
from time to time;
“Part 145” means Annex II so entitled to the EASA Continuing
Airworthiness Regulation;
“Part M” means Annex I so entitled to the EASA Continuing
Airworthiness Regulation;
“passenger” means a person other than a member of the crew;
“period of duty” means the period between the commencement and end
of a shift during which an air traffic controller performs, or could
be called upon to perform, any of the functions specified in respect
of a rating included in his licence;
“pilot in command” 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;
“pre-flight inspection” means the inspection carried out before flight to
ensure that the aircraft is fit for the intended flight;
“precision approach” means an instrument approach using precision
lateral and vertical guidance with minima as determined by the
category of operation;
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2009/008 “precision approach radar” means radar equipment designed to enable an air traffic controller to determine accurately an aircraft’s position
whilst it is carrying out an approach to land so that the air traffic
controller can provide instructions and guidance to the pilot to
enable him to manoeuvre the aircraft relative to a defined approach
path;
“private aircraft” means an aircraft which is not an aerial work aircraft, a
public transport aircraft or a commercial air transport aeroplane;
“private flight” means a flight which is neither for the purpose of aerial
work, public transport or commercial air transport flight;
“Public electronic communications network” has the same meaning as in
section 2(1) of the Communications Act 2006;
“public transport” has the meaning assigned to it by regulation 2A;
“public transport aircraft” means an aircraft flying, or intended by the
operator of the aircraft to fly, for the purpose of public transport;
“reduced vertical separation minimum airspace” means any airspace
between flight level 290 and flight level 410 inclusive which has
been notified by the Director as being airspace within which a
vertical separation minimum of 1000 feet or 300 meters must be
applied;
“record” means (in addition to a record in writing)
(a) a disc, tape, sound-track or other device in which sounds or
signals are embodied so as to be capable of being reproduced
from it (with or without the aid of some other instrument);
(b) a film, tape or other device in which visual images are
embodied so as to be capable of being reproduced from it (with
or without the aid of some other instrument);
(c) a photograph;
“released flight” means flight by an uncontrollable balloon during which
it is not attached to the surface by any form of restraining device;
“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
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2009/008 designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be
loaded;
“rocket” means a device which is propelled by ejecting expanding gasses
generated in its motor from self contained propellant and which is
not dependent on the intake of outside substances and includes any
part of the device intended to become separated during operation;
“runway visual range” in relation to a runway means the distance in the
direction of take off or landing over which the runway lights or
surface markings may be seen from the touchdown zone as
calculated by either human observation or instruments in
(a) the vicinity of the touchdown zone; or
(b) where this is not reasonably practicable, in the vicinity of the
midpoint of the runway,
and the distance, if any, communicated to the commander of an
aircraft by or on behalf of the person in charge of the
aerodrome as being the runway visual range shall be taken to
be the runway visual range for the time being;
“scheduled journey” means one of a series of journeys which are
undertaken between the same two places and which together
amount to a systematic service;
“seaplane” has the same meaning as in section 52 of the Act;
“sector” means part of the airspace controlled from an area control centre
or other place;
“self-launching motor glider” means an aircraft with the characteristics of
a non-power driven glider, which is fitted with one or more power
units and which is designed or intended to take off under its own
power;
“self-propelled hang-glider” means an aircraft comprising an aerofoil
wing and a mechanical propulsion device which
(a) is foot launched;
(b) has a stall speed or minimum steady flight speed in the landing
configuration not exceeding 35 knots calibrated airspeed;
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2009/008 and,
(c) has a maximum unladen mass, including full fuel, of 70kg;”;
“self-sustaining glider” means an aircraft with the characteristics of a
non-power-driven glider which is fitted with one or more power
units capable of sustaining the aircraft in flight but which is not
designed or intended to take off under its own power;
“SERA” means Annex 1 of the Standardised European Rules of the Air
Regulation;
“small unmanned aircraft” means any unmanned aircraft, other than a
balloon or kite, having a mass of not more than 20kg without its
fuel but including any articles or equipment installed in or attached
to the aircraft at the commencement of the flight;
“small balloon” means a balloon not exceeding 2 metres in any linear
dimension at any stage of its flight, including any basket or other
equipment attached to the balloon;
“small rocket” means a rocket of which the total impulse of the motor or
combination of motors does not exceed 10,240 Newton-seconds;
“special tasks service” means an air traffic control service
(a) for any aircraft flying for the purposes of research and
development of aircraft, aircraft equipment or aircraft systems
which is not flying in accordance with normal aviation
practice; and
(b) for other aircraft in the vicinity of any such aircraft;
“specified area” means any area of airspace that is notified by the
Director;
“Special VFR flight” means a VFR flight cleared by an air traffic control
unit to operate within a control zone in meteorological conditions
below visual Meteorological Conditions;
“State aircraft” means an aircraft carrying out military, customs, police,
search and rescue, firefighting, coastguard or similar activities or
services;
“State of the operator” means the State in which the operator of an
aircraft has his principal place of business or, if he has no such
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2009/008 place of business, his permanent residence, in circumstances where
(a) that aircraft is registered in a Contracting State;
(b) the operator is operating that aircraft under an agreement for its
lease, charter or interchange or any similar arrangement;
(c) the State in which that aircraft is registered has, by agreement
with the State in which the operator of the aircraft has his
principal place of business or, if he has no such place of
business, his permanent residence, agreed to transfer to it its
functions and duties as State of registry in respect of that
aircraft in relation to, in the case of regulation 5(1),
airworthiness, in the case of regulation 8(1), aircraft radio
equipment, in the case of regulation 11, flight crew licensing
or, in the case of regulation 20(1), radio licensing; and
(d) the agreement has been registered with the Council of the
International Civil Aviation Organisation or the existence and
scope of the agreement have been directly communicated to the
Director;
“Standardised European Rules of the Air Regulation” means Regulation
(EU) No 923/2012 of the European Parliament and of the Council
of 26 September 2012, as the same may be amended from time to
time;
“Standardised European Rules of the Air Regulation” means Regulation
(EU) No 923/2012 of the European Parliament and of the Council
of 26 September 2012, as the same may be amended from time to
time;
“Technical Harmonisation Regulation” means Council Regulation
(EEC)) No. 3922/91 of 16 December 1991 on the harmonisation of
technical requirements and administrative procedures in the field of
civil aviation, as amended from time to time;
“tethered flight” means flight by a controllable balloon throughout which
it is flown within limits imposed by a restraining device which
attaches the balloon to the surface;
“third-country aircraft” means any aircraft, other than a State aircraft,
which is not used or operated under the control of the competent
authority of a Member State;
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2009/008 “type rating” in respect of aeroplanes has the meaning specified in paragraph 1.220 and 2.220 of Section 1 of JAR-FCL 1;
“type rating” in respect of helicopters has the meaning specified in
paragraph 2.215 of Section 1 of JAR-FCL 2;
“uncontrollable balloon” means a balloon, not being a small balloon,
which is not capable of free controlled flight;
“valuable consideration” means any right, interest, profit or benefit,
forbearance, detriment, loss or responsibility accruing, given,
suffered or undertaken under an agreement, which is of more than a
nominal nature;
“visiting force” means any such body, contingent or detachment of the
forces of any country as is a visiting force for the purpose of the
provisions of the United Kingdom’s Visiting Forces Act 1952
(a) which apply to that country by virtue of paragraph (a) of
section 1(1) of that Act; or
(b) which from time to time apply to that country by virtue of
paragraph (b) of the said section 1(1) and of any Order in
Council made or hereafter to be made under the said section 1
designating that country for the purposes of all the provisions
of that Act following section 1(2) of that Act;
“visual Flight Rules” means Visual Flight Rules prescribed by Section 5
of SERA and Section 4 of the Rules of the Air 2014;
“visual Meteorological Conditions” means weather permitting flight in
accordance with the Visual Flight Rules.
(2) An aircraft shall be deemed to be in flight
(a) in the case of a piloted flying machine, 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;
(b) in the case of a pilotless flying machine, or a glider, from the
moment when it first moves for the purpose of taking off until
the moment when it next comes to rest after landing;
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2009/008 (c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it
next becomes attached thereto or comes to rest thereon;
(d) in the case of a free balloon, from the moment when the
balloon, including the canopy and basket, becomes separated
from the surface until the moment it next comes to rest thereon;
and
(e) in the case of a captive balloon, from the moment when the
balloon, including the canopy and basket, becomes separated
from the surface, apart from a restraining device attaching it to
the surface, until the moment when it next comes to rest
thereon;
and the expressions “a flight” and “to fly” shall be construed accordingly.
(3) Subject to sub-regulation (4), 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.
(4) For the purposes of the application of any provision in Part 2 of these
Regulations, when by virtue of any charter or other agreement for the hire or
loan of an aircraft a person other than the holder of a national air operator’s
certificate granted by the CAA or equivalent document issued by the
competent authority of the country in which the aircraft is registered which
applies standards which are substantially equivalent to those required for the
issue of a national air operator’s certificate or the holder of an EU-OPS air
operator certificate or an aerial work undertaking has the management of
that aircraft for a period not exceeding 14 days, sub-regulation (3) shall have
effect as if that agreement had not been entered into.
(5) References in these Regulations to
(a) a certificate of airworthiness include both a national certificate
of airworthiness and an EASA certificate of airworthiness
unless otherwise stated;
(b) an aircraft, aeroplane, powered lift tilt rotor aircraft, self-
launching motor glider, helicopter, gyroplane, airship, balloon
or kite include both EASA and non-EASA examples unless
otherwise stated.
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2009/008 (6) The expressions appearing in the ‘Classification of Aircraft’ in Schedule 1 shall have the same meanings thereby assigned to them.
(7) Other terms used in these Regulations which are also used in the Act
shall have the same meaning in these Regulations as they have in the Act.
Public transport.
2A.(1) For the purposes of these Regulations an aircraft in flight is flying on
a public transport flight if the conditions specified in sub-regulation 2 are
met.
(2) The conditions referred to in sub-regulation (1) are–
(a) the aircraft is not flying on a commercial air transport flight;
and
(b) that−
(i) valuable consideration is given or promised for the
carriage of passengers or cargo in the aircraft on that
flight; or
(ii) the flight is operated by the holder of a national air
operator’s certificate granted by the CAA or an EU-OPS
air operator certificate and any passengers or cargo are
carried gratuitously in the aircraft except for persons
specified in sub-regulation (3) or cargo specified in sub-
regulation (4).
(3) The persons referred to in sub-regulation (2)(b)(ii) are persons in the
employment of the operator (including, in the case of a body corporate, its
directors), or persons authorised by the Director either making any
inspection or witnessing any training, practice or test for the purposes of
these Regulations or EU-OPS.
(4) The cargo referred to in sub-regulation (2)(b)(ii) is cargo intended to
be used by any person specified in sub-regulation (3) or by the operator.
PART 1
Registration and Marking of Aircraft
Aircraft to be registered.
3.(1) Subject to sub-regulation (2) an aircraft shall not fly in or over
Gibraltar unless it is registered in
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2009/008 (a) some part of the Commonwealth;
(b) a Contracting State; or
(c) some other country in relation to which there is in force an
agreement between Her Majesty’s Government in the United
Kingdom and the Government of that country which
(i) with the consent of the Government of Gibraltar, Her
Majesty’s Government has extended to apply to
Gibraltar;
and
(ii) makes provision for the flight in or over Gibraltar of
aircraft registered in that country.
(2) An aircraft or a glider may fly unregistered in or over Gibraltar only if
the Director has granted an approval for such a flight to take place.
(3) If an aircraft flies in or over Gibraltar in contravention of sub-
regulation (1) without an approval having been granted pursuant to sub-
regulation (2), the person responsible for that aircraft shall be guilty of an
offence under these Regulations; and
(4) An aircraft shall not be permitted to fly in or over Gibraltar and
approval under subregulation (2) shall not be granted by the Director if the
aircraft has been de-registered in accordance with the International Interests
in Aircraft Equipment (Cape Town Convention) Regulations 2015 and a
person who flies an aircraft in contravention of this subregulation commits
an offence.
Nationality and registration marks.
4.(1) An aircraft, other than an aircraft in respect of which an approval has
been granted pursuant to regulation 3(2), shall not fly in or over Gibraltar
unless it bears painted thereon or affixed thereto, in the manner required by
the law of the country in which it is registered, the nationality and
registration marks required by that law.
(2) An aircraft shall not bear any marks which purport to indicate
(a) that the aircraft is registered in a country in which it is not in
fact registered; or
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2009/008 (b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of
that country has sanctioned the bearing of such marks.
Operational directives.
4A.(1) The Director may direct an aircraft operator by means of an
operational directive that an operation is prohibited, or must be limited or is
subject to specified conditions, in the interests of safe operations.
(2) An operational directive must state–
(a) the reason for its issue;
(b) its applicability and duration; and
(c) the action required by the operator.
(3) An operational directive may be made in respect of one or more
operators or one or more classes of operator.
(4) An operational directive which applies to an EU-OPS operator in
relation to a commercial air transport flight must be made subject to and in
accordance with article 8 of the Technical Harmonisation Regulations.
(5) An operational directive ceases to have effect if–
(a) it is withdrawn by the Director; or
(b) it is revoked by the Director following a finding made in
accordance with article 8(1) of the Technical Harmonisation
Regulation that the directive is found not to be justified.
(6) The Director must revoke a direction if it is found not to be justified
under article 8(1) of the Technical Harmonisation Regulation.
PART 2
Airworthiness and Equipment of Aircraft
Certificate of airworthiness to be in force.
5.(1) Subject to sub-regulation (2) and (4), an aircraft shall not fly in or over
Gibraltar unless there is in force in respect thereof a certificate of
airworthiness duly issued or rendered valid under the law of the country in
which the aircraft is registered or the State of the operator, and any
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2009/008 conditions subject to which the certificate was issued or rendered valid are complied with.
(2) An aircraft may fly in or over Gibraltar without the certificate
mentioned in sub-regulation (1) only if the Director has granted an approval
for such a flight to take place.
(3) For the purposes of sub-regulation (1) a certificate of airworthiness
(a) includes an EASA restricted certificate of airworthiness issued
by the competent authority of a State which does not contain a
condition restricting the aircraft to flight within the airspace of
the issuing State; but
(b) does not include an EASA restricted certificate of
airworthiness issued by the competent authority of a State
which contains a condition restricting the aircraft to flight
within the airspace of the issuing State.
(4) The prohibition in sub-regulation (1) does not apply to flights by an
aircraft flying in accordance with an EASA permit to fly issued by the
competent authority of a Member State which permits the aircraft to fly
outside the airspace of the issuing State.
Validation of permits to fly or equivalent documents.
6.(1) The Director must issue in respect of any aircraft a certificate of
validation if he is satisfied that there is in respect of the aircraft a permit to
fly or equivalent document issued or validated by the competent authority of
the country in which the aircraft is registered which applies standards which
are substantially equivalent to those required for the issue of a permit to fly
by the CAA pursuant to Article 24 of the 2005 Order.
(2) An aircraft flying in accordance with a certificate of validation shall
not fly for the purpose of commercial air transport public transport or aerial
work, other than aerial work which consists of flights for the purpose of
flying displays, associated practice, test and positioning flights or the
exhibition or demonstration of the aircraft.
(3) The Director may issue a certificate of validation subject to such other
conditions relating to the airworthiness, operation or maintenance of the
aircraft as he thinks fit.
Requirement for a certificate of release to service for EASA aircraft.
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2009/008 6A. An EASA aircraft must not fly when a certificate of release to service is required by or under Part M or Part 145 unless such a certificate has been
issued in accordance with Part M or Part 145 and is in force.
Access and inspection for airworthiness purposes.
6B. The Director may cause such inspections, investigations, tests,
experiments and flight trials to be made as the Director deems necessary for
the purposes of regulations 5 to 6A of these Regulations, Part 21, Part 145
or Part M.
Equipment of aircraft.
7.(1) An aircraft shall not fly unless it is so equipped as to comply with the
law of the country in which it is registered, and to enable lights and
markings to be displayed, and signals to be made, in accordance with
International Standards.
(1A) Notwithstanding the following sub-regulations, the equipment
carried in compliance with this regulation shall, in the case of an EASA
aircraft, be installed in a manner approved by EASA.
(2) The equipment carried in compliance with this regulation shall be so
installed or stowed and kept stowed, and so maintained and adjusted, as to
be readily accessible and capable of being used by the person for whose use
it is intended.
(3) The position of equipment provided for emergency use shall be
indicated by clear markings in or on the aircraft.
(4) All equipment installed or carried in an aircraft, whether or not in
compliance with this regulation, shall be so installed or stowed and so
maintained and adjusted as not to be a source of danger in itself or to impair
the airworthiness of the aircraft or the proper functioning of any equipment
or services necessary for the safety of the aircraft.
Radio equipment of aircraft.
8.(1) An aircraft shall not fly unless it is so equipped with radio
communication and radio navigation equipment as to comply with the law
of the country in which the aircraft is registered or the State of the operator
and to enable communications to be made and the aircraft to be navigated,
in accordance with the provisions of these Regulations.
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2009/008 (2) Without prejudice to sub-regulation (1), the aircraft shall be equipped with radio communication and radio navigation equipment in accordance
with Schedule 2.
(3) An EU-OPS aeroplane is not required to be provided with the radio
communication and radio navigation equipment specified in Schedule 2 if it
is–
(a) flying on a commercial air transport flight; and
(b) provided with the radio communication and radio navigation
equipment which would be required under EU-OPS if it were
flying on a commercial air transport flight.
Access and inspection for airworthiness purposes.
9. The Director may cause such inspections, investigations, tests,
experiments and flight trials to be made as he deems necessary for the
purposes of this Part and any person authorised to do so in writing by the
Director may at any reasonable time inspect any part of, or material intended
to be incorporated in or used in the manufacture of any part of, an aircraft or
its equipment or any documents relating thereto and may for that purpose go
upon the Gibraltar Airport or enter any aircraft factory.
PART 3
Aircraft Crew and Licensing
Composition of crew of aircraft.
10. An aircraft shall not fly unless it carries a flight crew of the number and
description required by the law of the country in which it is registered.
Members of flight crew—requirement for licence.
11.(1) A person shall not act as a member of the flight crew required by or
under these Regulations to be carried in an aircraft unless he is the holder of
an appropriate licence granted or rendered valid under the law of the country
where the aircraft is registered or the State of the operator, and the Director
does not give a direction to the contrary.
(2) An appropriate licence for the purposes of this regulation means a
licence which entitles the holder to perform the functions which he
undertakes in relation to the aircraft concerned and the flight on which it is
engaged unless the Director issues a direction to the contrary.
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2009/008 (3) Notwithstanding anything in this regulation, the holder of a licence granted or rendered valid under the law of a Contracting State, being a
licence endorsed to the effect that the holder does not satisfy in full the
relevant minimum standards established under the Chicago Convention,
shall not act as a member of the flight crew of any aircraft in or over
Gibraltar except in accordance with permission granted by the Director.
Instruction in flying.
12.(1) A person shall not give any instruction in flying to which this
regulation applies unless
(a) he holds a JAA licence, entitling him to act as pilot in
command of the aircraft for the purpose and in the
circumstances under which the instruction is to be given; and
(b) his licence includes an instructor’s rating entitling the holder to
give the instruction.
(2) This regulation applies to instruction in flying given to any person
flying or about to fly a flying machine or glider for the purpose of becoming
qualified for
(a) the grant of a pilot’s licence; and
(b) the inclusion or variation of any rating or qualification in his
licence.
Glider pilot—minimum age.
13. A person under the age of 16 years shall not act as pilot in command of
a glider.
Training for landing on or taking off from water.
13A. A person may not act as pilot in command of an aircraft which takes
off from or lands on water unless the appropriate training has been
completed and recorded in the pilot’s personal flying log book.
PART 4
Operation of Aircraft
Commercial air transport and public transport operations at night or
in Instrument Meteorological Conditions by aeroplanes with one power
unit.
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2009/008 14. An aeroplane which is powered by one power unit only shall not fly for the purpose of commercial air transport or public transport at night or when
the cloud ceiling or visibility prevailing at the Gibraltar Airport on departure
or forecast for the estimated time of landing at the aerodrome at which it is
intended to land or at any alternate aerodrome are less than 1,000 feet and 1
nautical mile respectively.
Aerodrome operating minima — public transport aircraft.
15.(1) This regulation applies to public transport aircraft wherever
registered.
(2) An aircraft to which this regulation applies shall not fly in or over
Gibraltar unless the operator has made available to the flight crew,
aerodrome operating minima which comply with sub-regulation (3) in
respect of every aerodrome at which it is intended to land or take off and
every alternate aerodrome.
(3) The aerodrome operating minima provided in accordance with sub-
regulation (2) shall be no less restrictive than either
(a) minima calculated in accordance with the notified method for
calculating aerodrome operating minima; or
(b) minima which comply with the law of the country in which the
aircraft is registered,
whichever are the more restrictive.
(4) An aircraft to which this regulation applies shall not
(a) conduct a Category II, Category IIIA or Category IIIB approach
and landing; or
(b) take off when the relevant runway visual range is less than 150
metres,
otherwise than under and in accordance with the terms of an approval so to
do granted in accordance with the law of the country in which it is
registered.
(5) An aircraft to which this regulation applies shall not take off from or
land at the Gibraltar Airport in contravention of the specified aerodrome
operating minima.
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2009/008 (6) Without prejudice to sub-regulations (4) and (5), an aircraft to which this regulation applies, when making a descent to the Gibraltar Airport, shall
not descend from a height of 1,000 feet or more above the Gibraltar Airport
to a height of less than 1,000 feet above the Gibraltar Airport if the relevant
runway visual range at the Gibraltar Airport is at the time less than the
specified minimum for landing.
(7) Without prejudice to sub-regulations (4) and (5), an aircraft to which
this regulation applies, when making a descent to the Gibraltar Airport, shall
not
(a) continue an approach to landing at the Gibraltar Airport by
flying below the relevant specified decision height; or
(b) descend below the relevant specified minimum descent height,
unless in either case from such height the specified visual reference for
landing is established and is maintained.
(8) In this regulation
(a) “specified” means specified by the operator in the aerodrome
operating minima made available to the flight crew under sub-
regulation (2);
(b) “a Category II approach and landing” means a landing
following a precision approach using an Instrument Landing
System or Microwave Landing System with
(i) a decision height below 200 feet but not less than 100
feet; and
(ii) a runway visual range of not less than 300 metres;
(c) “a Category IIIA approach and landing” means a landing
following a precision approach using an Instrument Landing
System or Microwave Landing System with
(i) a decision height lower than 100 feet; and
(ii) a runway visual range of not less than 200 metres; and
(d) “a Category IIIB approach and landing” means a landing
following a precision approach using an Instrument Landing
System or Microwave Landing System with
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2009/008 (i) a decision height lower than 50 feet or no decision height; and
(ii) a runway visual range of less than 200 metres but not
less than 75 metres.
Aerodrome operating minima — aerial work and private aircraft.
16.(1) This regulation applies to aerial work aircraft and private aircraft.
(2) An aircraft to which this regulation applies shall not
(a) conduct a Category II, Category IIIA or Category IIIB approach
and landing; or
(b) take off when the relevant runway visual range is less than 150
metres,
otherwise than under and in accordance with the terms of an approval so to
do granted in accordance with the law of the country in which it is
registered.
(3) Without prejudice to sub-regulation (2), an aircraft to which this
regulation applies when making a descent at the Gibraltar Airport shall not
descend from a height of 1,000 feet or more above the Gibraltar Airport to a
height less than 1,000 feet above the Gibraltar Airport if the runway visual
range for the runway at the Gibraltar Airport is at the time less than the
specified minimum for landing.
(4) Without prejudice to sub-regulation (2), an aircraft to which this
regulation applies when making a descent to the runway at the Gibraltar
Airport shall not
(a) continue an approach to landing on the runway by flying below
the relevant specified decision height; or
(b) descend below the relevant specified minimum descent height,
unless in either case from such height the specified visual reference for
landing is established and is maintained.
(5) If, according to the information available, an aircraft would as regards
any flight be required by the Rules of the Air 2009 to be flown in
accordance with the Instrument Flight Rules at the aerodrome of intended
landing, the commander of the aircraft shall select prior to take-off an
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2009/008 alternate aerodrome unless no aerodrome suitable for that purpose is available.
(6) A flight to be conducted in accordance with the Instrument Flight
Rules to an aerodrome when no suitable alternate aerodrome is available
shall not be commenced unless
(a) a designated instrument approach procedure is available for the
aerodrome of intended landing; and
(b) available current meteorological information indicates that
visual meteorological conditions will exist at the aerodrome of
intended landing from two hours before to two hours after the
estimated time of arrival.
(7) A flight shall not be continued towards the aerodrome of intended
landing unless the latest available information indicates that conditions at
that aerodrome, or at least one alternate aerodrome, will, at the estimated
time of arrival, be at or above the specified aerodrome operating minima.
(8) In this regulation “specified” in relation to aerodrome operating
minima means such particulars of aerodrome operating minima as have been
notified in respect of the Gibraltar Airport or if the relevant minima have not
been notified such minima as are ascertainable by reference to the notified
method for calculating aerodrome operating minima.
(9) In this regulation Category II, Category IIIA and Category IIIB
approach and landing have the same meaning as in regulation 15.
(10) In this regulation “designated” in relation to an instrument approach
procedure means notified, prescribed or otherwise designated by the relevant
competent authority.
Pilots to remain at controls.
17.(1) The commander of a flying machine or glider other than an EU-OPS
aeroplane flying on a commercial air transport flight shall cause one pilot to
remain at the controls at all times while it is in flight over Gibraltar.
(2) If the flying machine or glider is required by or under these
Regulations to carry two pilots, the commander shall cause both pilots to
remain at the controls during take-off and landing.
(3) Each pilot at the controls shall be secured in his seat by either a safety
belt with or without one diagonal shoulder strap, or a safety harness except
that during take-off and landing a safety harness shall be worn if it is fitted.
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2009/008 (4) An operator shall not permit a helicopter rotor to be turned under
power for the purpose of making a flight unless there is a person at the
controls entitled in accordance with regulation 26 to act as pilot-in-
command of the helicopter.
Pre-flight action by commander of aircraft.
18. The commander of an aircraft except for the commander of an EU-OPS
aeroplane intending to commence a commercial air transport flight, shall
take all reasonable steps to satisfy himself before the aircraft takes off from
the Gibraltar Airport
(a) that the flight can safely be made, taking into account the latest
information available as to the route and aerodrome to be used,
the weather reports and forecasts available and any alternative
course of action which can be adopted in case the flight cannot
be completed as planned;
(b) that the equipment required by or under these Regulations to be
carried in the circumstances of the intended flight is carried and
is in a fit condition for use;
(c) that the aircraft is in every way fit for the intended flight;
(d) that the load carried by the aircraft is of such weight, and is so
distributed and secured, that it may safely be carried on the
intended flight;
(e) in the case of a flying machine or airship, that sufficient fuel,
oil and engine coolant (if required) are carried for the intended
flight, and that a safe margin has been allowed for
contingencies;
(f) in the case of a flying machine, that having regard to the
performance of the flying machine in the conditions to be
expected on the intended flight, and to any obstructions at the
places of departure and intended destination and on the
intended route, it is capable of safely taking off, reaching and
maintaining a safe height thereafter and making a safe landing
at the place of intended destination; and
(g) that any pre-flight check system established by the aircraft
manufacturer has been complied with by each member of the
crew of the aircraft;
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2009/008 (h) that any pre-flight check system established by the operator and set out in the operations manual or elsewhere has been
complied with by each member of the crew of the aircraft; and
(i) in the case of a balloon, that the balloon will be able to land
clear of any congested area.
Commander to be satisfied that flight can be safely completed.
18A. The commander of a flying machine must, before take-off, take all
reasonable steps so as to be satisfied that it is capable of safely taking off,
reaching and maintaining a safe height and making a safe landing at the
place of intended destination having regard to–
(a) the performance of the flying machine in the conditions to be
expected on the intended flight; and
(b) any obstructions at Gibraltar, at the intended destination and
along the intended route.
Passenger briefing by commander.
19. The commander of an aircraft other than the commander of an EU-OPS
aeroplane intending to undertake a commercial air transport flight shall take
all reasonable steps to ensure
(a) before the aircraft takes off on any flight from the Gibraltar
Airport, that all passengers are made familiar with the position
and method of use of emergency exits, safety belts (with
diagonal shoulder strap where required to be carried), safety
harnesses and (where required to be carried) oxygen
equipment, lifejackets and the floor path lighting system and all
other devices required by or under these Regulations and
intended for use by passengers individually in the case of an
emergency occurring to the aircraft; and
(b) that in an emergency during a flight to or from the Gibraltar
Airport, all passengers are instructed in the emergency action
which they should take.
Operation of radio in aircraft.
20.(1) A radio station in an aircraft shall not be operated, whether or not the
aircraft is in flight, except in accordance with the conditions of the licence
issued in respect of that station under the law of the country in which the
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2009/008 aircraft is registered or the State of the operator and by a person duly licensed or otherwise permitted to operate the radio station under that law.
(2) Subject to sub-regulation (3), whenever an aircraft is in flight in such
circumstances that it is required by or under these Regulations or by EU-
OPS to be equipped with radio communications apparatus, a continuous
radio watch shall be maintained by a member of the flight crew listening to
the signals transmitted upon the frequency notified, or designated by a
message received from an appropriate aeronautical radio station, for use by
that aircraft.
(3) The radio watch
(a) may be discontinued or continued on another frequency if a
message from an appropriate aeronautical radio station permits;
(b) may be kept by a device installed in the aircraft if
(i) the appropriate aeronautical radio station has been
informed to that effect and has raised no objection; and
(ii) that station is notified, or in the case of a station situated
in a country other than Gibraltar, otherwise designated as
transmitting a signal suitable for that purpose.
(4) Whenever an aircraft is in flight in such circumstances that it is
required by or under these Regulations or by EU-OPS to be equipped with
radio communication or radio navigation equipment a member of the flight
crew shall operate that equipment in such a manner as he may be instructed
by the appropriate air traffic control unit or as may be notified in relation to
any notified airspace in which the aircraft is flying.
(5) The radio station in an aircraft shall not be operated so as to cause
interference which impairs the efficiency of aeronautical
telecommunications or navigational services, and in particular emissions
shall not be made except as follows
(a) emissions of the class and frequency for the time being in use,
in accordance with general international aeronautical practice,
in the airspace in which the aircraft is flying;
(b) distress, urgency and safety messages and signals, in
accordance with general international aeronautical practice;
(c) messages and signals relating to the flight of the aircraft, in
accordance with general international aeronautical practice; and
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2009/008 (d) such public correspondence messages as may be permitted by
or under the aircraft radio station licence referred to in sub-
regulation (1).
Flights over any foreign country.
20A.(1) This regulation applies to the operator and the commander of any
aircraft whose principal place of business or permanent residence is in
Gibraltar.
(2) An operator or commander to whom this regulation applies whose
aircraft is being flown over any foreign country must not allow that aircraft
to be used for a purpose which is prejudicial to the security, public order or
public health of, or to the safety of air navigation in relation to, that country.
(3) A person does not contravene sub-regulation (2) if that person
neither knew nor suspected that the aircraft was being or was to be used for
a purpose referred to in that sub-regulation.
(4) An operator or commander to whom this regulation applies whose
aircraft is being flown over any foreign country must comply with any
directions given by the appropriate aeronautical authorities of that country
whenever–
(a) the flight has not been duly authorised; or
(b) there are reasonable grounds for the appropriate aeronautical
authorities to believe that the aircraft is being or will be used
for a purpose which is prejudicial to the security, public order
or public health of, or to the safety of air navigation in relation
to, that country.
(5) A direction under sub-regulation (4) need not be complied with if to
do so would endanger the lives of persons on board or the safety of the
aircraft.
(6) A person does not contravene sub-regulation (4) if that person
neither knew nor suspected that directions were being given by the
appropriate aeronautical authorities.
(7) The requirement in sub-regulation (4) is without prejudice to any
other requirements to comply with directions of an aeronautical authority.
(8) In this regulation “appropriate aeronautical authorities” includes any
person, whether a member of a country’s military or civil authorities,
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2009/008 authorised under the law of the foreign country to issue directions to aircraft flying over that country.
Height keeping performance.
21. Unless otherwise authorised by the air traffic control unit at the
Gibraltar Airport, an aircraft shall not fly in or over Gibraltar in reduced
vertical separation minimum airspace unless
(a) it is so equipped with height keeping systems as to comply with
the law of the country in which the aircraft is registered in so
far as that law requires it to be so equipped when flying in any
specified areas; and
(b) the said equipment is capable of being operated so as to enable
the aircraft to maintain the height keeping performance
prescribed in respect of the airspace in which the aircraft is
flying, and it is so operated.
Area navigation and required navigation performance capabilities.
22.(1) An aircraft shall not fly in designated required navigation
performance airspace in or over Gibraltar unless it is equipped with area
navigation equipment so as to comply with the law of the country in which
the aircraft is registered in so far as that law requires it to be so equipped
when flying within designated required navigation performance airspace.
(2) Subject to sub-regulation (3), the said navigation equipment shall be
capable of being operated so as to enable the aircraft to maintain the
navigation performance capability notified in respect of the airspace in
which the aircraft is flying, and shall be so operated.
(3) An aircraft need not comply with the requirements of sub-regulation
(2) where the flight has been authorised by the appropriate air traffic control
unit notwithstanding the lack of compliance and provided that the aircraft
complies with any instructions the air traffic control unit may give in the
particular case.
Use of airborne collision avoidance system.
23. On any flight on which an airborne collision avoidance system is
required by regulation 8 and Schedule 2 to be carried in an aeroplane, the
system shall be operated in accordance with any procedures with which it is
required to comply under the law of the country in which the aircraft is
registered.
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2009/008 Training in use of airborne collision avoidance system.
24.(1) In this regulation “an ACAS equipped flight” means a flight on
which an airborne collision avoidance system is required to be carried by
regulation 8 and Schedule 2.
(2) Before commencing an ACAS equipped flight in an aeroplane to
which this regulation applies the commander must reasonably satisfy
himself that every member of the flight crew has had the training specified
in sub-regulation (4).
(3) No person may act as a member of the flight crew on an ACAS
equipped flight in an aeroplane to which this regulation applies unless he
has had the training specified in sub-regulation (4).
(4) The training referred to in sub-regulations (2) and (3) is
(a) suitable training in the operation of the airborne collision
avoidance system in the aeroplane; and
(b) suitable training in the use of the procedures referred to in
regulation 23.
Towing of gliders.
25.(1) An aircraft in flight shall not tow a glider unless the flight manual for
the towing aircraft includes an express provision that it may be used for that
purpose.
(2) The length of the combination of towing aircraft, tow rope and glider
in flight shall not exceed 150 metres.
(3) The commander of an aircraft which is about to tow a glider shall
satisfy himself, before the towing aircraft takes off
(a) that the tow rope is in good condition and is of adequate
strength for the purpose, and that the combination of towing
aircraft and glider, having regard to its performance in the
conditions to be expected on the intended flight and to any
obstructions at the place of departure and on the intended route,
is capable of safely taking off, reaching and maintaining a safe
height at which to separate the combination and that thereafter
the towing aircraft can make a safe landing at the place of
intended destination;
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2009/008 (b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take
off safely; and
(c) that emergency signals have been agreed between the
commander of the towing aircraft and the commander of the
glider, to be used, respectively, by the commander of the
towing aircraft to indicate that the tow should immediately be
released by the glider, and by the commander of the glider to
indicate that the tow cannot be released.
(4) The glider shall be attached to the towing aircraft by means of the tow
rope before the aircraft takes off.
Operation of self-sustaining gliders.
26. A self-sustaining glider shall not take off under its own power.
Towing, picking up and raising of persons and articles.
27.(1) Subject to the provisions of this regulation, an aircraft in flight shall
not, by means external to the aircraft, tow any article, other than a glider, or
pick up or raise any person, animal or article, unless there is a certificate of
airworthiness issued or rendered valid in respect of that aircraft under the
law of the country in which the aircraft is registered and that certificate or
the flight manual for the aircraft includes an express provision that it may be
used for that purpose.
(2) An aircraft shall not launch or pick up tow ropes, banners or similar
articles other than at the Gibraltar Airport.
(3) An aircraft in flight shall not tow any article, other than a glider, at
night or when flight visibility is less than one nautical mile.
(4) The length of the combination of towing aircraft, tow rope, and article
in tow, shall not exceed 150 metres.
(5) A helicopter shall not fly at any height over a congested area in
Gibraltar at any time when any article, person or animal is suspended from
the helicopter.
(6) A passenger shall not be carried in a helicopter at any time when an
article, person or animal is suspended therefrom, other than a passenger who
has duties to perform in connection with the article, person or animal or a
passenger who has been picked up or raised by means external to the
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2009/008 helicopter or a passenger who it is intended shall be lowered to the surface by such means.
(7) Nothing in this regulation shall
(a) prohibit the towing in a reasonable manner by an aircraft in
flight of any radio aerial, any instrument which is being used
for experimental purposes, or any signal, apparatus or article
required or permitted by or under these Regulations to be
towed or displayed by an aircraft in flight;
(b) prohibit the picking up or raising of any person, animal or
article in an emergency or for the purpose of saving life; or
(c) be taken to permit the towing or picking up of a glider
otherwise than in accordance with regulation 25.
Dropping of articles and animals.
28.(1) Articles and animals (whether or not attached to a parachute) shall
not be dropped, or permitted to drop, from an aircraft in flight so as to
endanger persons or property.
(2) Subject to sub-regulation (3), articles and animals (whether or not
attached to a parachute) shall not be dropped, or permitted to drop, to the
surface from an aircraft flying over Gibraltar.
(3) Sub-regulation (2) shall not apply to the dropping of articles by, or
with the authority of, the commander of the aircraft in any of the following
circumstances
(a) the dropping of articles for the purpose of saving life;
(b) the jettisoning, in case of emergency, of fuel or other articles in
the aircraft;
(c) the dropping of ballast in the form of fine sand or water;
(d) the dropping of articles solely for the purpose of navigating the
aircraft in accordance with ordinary practice or with the
provisions of these Regulations;
(e) the dropping at the Gibraltar Airport of tow ropes, banners, or
similar articles towed by aircraft;
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2009/008 (f) the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil
pollution, or for training for the dropping of articles for any
such purposes, if the articles are dropped with the permission
of the Director; or
(g) the dropping of wind drift indicators for the purpose of
enabling parachute descents to be made if the wind drift
indicators are dropped with the permission of the Director.
(4) For the purposes of this regulation “dropping” includes projecting and
lowering.
(5) Nothing in this regulation shall prohibit the lowering of any article or
animal from a helicopter to the surface, if there is a certificate of
airworthiness issued or rendered valid in respect of the helicopter under the
law of the country in which it is registered and that certificate or the flight
manual for the helicopter includes an express provision that it may be used
for that purpose.
Dropping of persons and grant of parachuting permissions.
29.(1) A person shall not drop, be dropped or be permitted to drop to the
surface or jump from an aircraft flying over Gibraltar except under and in
accordance with the terms of a parachuting permission granted by the
Director under this regulation.
(2) For the purposes of this regulation “dropping” includes projecting and
lowering.
(3) Notwithstanding the grant of a parachuting permission, a person shall
not drop, be dropped or be permitted to drop from an aircraft in flight so as
to endanger persons or property.
(4) An aircraft shall not be used for the purpose of dropping persons
unless there is a certificate of airworthiness issued or rendered valid in
respect of that aircraft under the law of the country in which the aircraft is
registered and that certificate or the flight manual for the aircraft includes an
express provision that it may be used for that purpose and the aircraft is
operated in accordance with a written permission granted by the Director
under this regulation.
(5) Every applicant for and every holder of a parachuting permission shall
make available to the Director if requested to do so a parachuting manual
and shall make such amendments or additions to such manual as the
Director may require.
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2009/008 (6) The holder of a parachuting permission shall make the manual
available to every employee or person who is engaged in or may engage in
parachuting activities conducted by him.
(7) The manual shall contain all such information and instructions as may
be necessary to enable such employees or persons to perform their duties.
(8) Nothing in this regulation shall apply to the descent of persons by
parachute from an aircraft in an emergency.
(9) Nothing in this regulation shall prohibit the lowering of any person in
an emergency or for the purpose of saving life.
(10) Nothing in this regulation shall prohibit the lowering of any person
from a helicopter to the surface if there is a certificate of airworthiness
issued or rendered valid in respect of the helicopter under the law of the
country in which it is registered and that certificate or the flight manual for
the helicopter includes an express provision that it may be used for that
purpose.
Carriage of weapons and of munitions of war.
30.(1) Subject to sub-regulation (4), an aircraft other than an EU-OPS
aeroplane on a commercial air transport flight shall not carry any munition
of war unless
(a) such munition of war is carried with the permission of the
Director; and
(b) the commander of the aircraft is informed in writing by the
operator before the flight commences of the type, weight or
quantity and location of any such munition of war on board or
suspended beneath the aircraft and any conditions of the
permission of the Director.
(2) It shall be unlawful for an aircraft other than an EU-OPS aeroplane on
a commercial air transport flight to carry any sporting weapon or munition
of war in any compartment or apparatus to which passengers have access.
(3) It shall be unlawful for a person to carry or have in his possession or
take or cause to be taken on board an aircraft, to suspend or cause to be
suspended beneath an aircraft or to deliver or cause to be delivered for
carriage thereon any sporting weapon or munition of war unless
(a) the sporting weapon or munition of war
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2009/008 (i) is either part of the baggage of a passenger on the aircraft
or consigned as cargo to be carried thereby;
(ii) is carried in a part of the aircraft, or in any apparatus
attached to the aircraft inaccessible to passengers; and
(iii) in the case of a firearm, is unloaded;
(b) particulars of the sporting weapon or munition of war have
been furnished by that passenger or by the consignor to the
operator before the flight commences; and
(c) without prejudice to sub-regulation (1), the operator consents to
the carriage of such sporting weapon or munition of war by the
aircraft.
(4) Nothing in this regulation applies to any sporting weapon or munition
of war taken or carried on board an aircraft if the sporting weapon or
munition of war, as the case may be, may under the law of the country in
which the aircraft is registered be lawfully taken or carried on board for the
purpose of ensuring the safety of the aircraft or of persons on board.
(5) For the purposes of this regulation
(a) “munition of war” means
(i) any weapon or ammunition;
(ii) any article containing an explosive, noxious liquid or
gas; or
(iii) any other thing which is designed or made for use in
warfare or against persons, including parts, whether
components or accessories, for such weapon,
ammunition or article;
(b) “sporting weapon” means
(i) any weapon or ammunition;
(ii) any article containing an explosive, noxious liquid or
gas; or
(iii) any other thing, including parts, whether components or
accessories, for such weapon, ammunition or article,
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2009/008 which is not a munition of war.
Method of carriage of persons.
31.(1) A person shall not
(a) subject to sub-regulation (2), be in or on any part of an aircraft
in flight which is not a part designed for the accommodation of
persons and in particular a person shall not be on the wings or
undercarriage of an aircraft;
(b) be in or on any object, other than a glider or flying machine,
towed by or attached to an aircraft in flight.
(2) A person may have temporary access to
(a) any part of an aircraft for the purpose of taking action
necessary for the safety of the aircraft or of any person, animal
or goods therein; and
(b) any part of an aircraft in which cargo or stores are carried,
being a part which is designed to enable a person to have
access thereto while the aircraft is in flight.
Endangering safety of an aircraft.
32. A person shall not recklessly or negligently act in a manner likely to
endanger an aircraft, or any person therein.
33. Deleted
Drunkenness in aircraft.
34.(1) A person shall not enter any aircraft when drunk, or be drunk in any
aircraft.
(2) Deleted
Smoking in aircraft.
35.(1) Notices indicating when smoking is prohibited shall be exhibited in
every aircraft flying to or from the Gibraltar Airport so as to be visible from
each passenger seat therein.
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2009/008 (2) A person shall not, in or over Gibraltar, smoke in any compartment of an aircraft at a time when smoking is prohibited in that compartment by a
notice to that effect exhibited by or on behalf of the commander of the
aircraft.
Authority of commander of aircraft.
36. Every person in an aircraft shall obey all lawful commands which the
commander of that aircraft may give for the purpose of securing the safety
of the aircraft and of persons or property carried therein, or the safety,
efficiency or regularity of air navigation.
Acting in a disruptive manner.
37. No person shall while in an aircraft
(a) use any threatening, abusive or insulting words towards a
member of the crew of the aircraft;
(b) behave in a threatening, abusive, insulting or disorderly manner
towards a member of the crew of the aircraft; or
(c) intentionally interfere with the performance by a member of the
crew of the aircraft of his duties.
Stowaways.
38. A person shall not secrete himself for the purpose of being carried in an
aircraft without the consent of either the operator or the commander or of
any other person entitled to give consent to his being carried in the aircraft.
Flying displays.
39.(1) No person shall act as the organiser of a flying display (in this
regulation referred to as “the flying display director”) unless he has obtained
the permission of the Director under sub-regulation (5) for that flying
display.
(2) The commander of an aircraft who is
(a) intending to participate in a flying display shall take all
reasonable steps to satisfy himself before he participates that
(i) the flying display director has been granted an
appropriate permission under sub-regulation (5);
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2009/008 (ii) the flight can comply with any relevant conditions subject to which that permission may have been granted;
and
(iii) the pilot has been granted an appropriate pilot display
authorisation; or
(b) participating in a flying display for which a permission has
been granted shall comply with any conditions subject to which
that permission may have been granted.
(3) No person shall act as pilot of an aircraft participating in a flying
display unless he holds an appropriate pilot display authorisation and he
complies with any conditions subject to which the authorisation may have
been given.
(4) The flying display director shall not permit any person to act as pilot of
an aircraft which participates in a flying display unless such person holds an
appropriate pilot display authorisation.
(5) The Director
(a) shall grant a permission required by virtue of sub-regulation (1)
if he is satisfied that the applicant is a fit and competent person,
having regard in particular to his previous conduct and
experience, his organisation, staffing and other arrangements,
to safely organise the proposed flying display;
(b) may grant such a permission subject to such conditions, which
may include conditions in respect of military aircraft, as the
Director thinks fit.
(6) For the purposes of this regulation, and subject to sub-regulation (7),
an appropriate pilot display authorisation shall mean an authorisation which
is valid and appropriate to the intended flight and which has been granted by
the competent authority of a JAA Full Member State.
(7) A pilot display authorisation granted by the competent authority of a
JAA Full Member State shall not be an appropriate pilot display
authorisation for the purposes of this regulation if the Director has given a
direction to that effect.
(8) A direction may be issued under sub-regulation (7) either in respect of
a particular authorisation, a specified category of authorisations or generally.
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2009/008 (9) Sub-regulations (1), (2), (3) and (4) shall not apply to a flying display at which the only participating aircraft are balloons.
(10) The flying display director shall not permit any military aircraft to
participate in a flying display unless he complies with any conditions
specified in respect of military aircraft subject to which permission for the
flying display may have been granted.
(11) Nothing in this regulation shall apply to an aircraft race or contest or
to an aircraft taking part in such a race or contest or to the commander or
pilot whether or not such race or contest is held in association with a flying
display.
PART 5
Protection of Crew from Cosmic Radiation
Protection of air crew from cosmic radiation.
40.(1) A relevant undertaking shall take appropriate measures to
(a) assess the exposure to cosmic radiation when in flight of those
air crew who are liable to be subject to cosmic radiation in
excess of 1 milliSievert per year;
(b) take into account the assessed exposure when organising work
schedules with a view to reducing the doses of highly exposed
air crew; and
(c) inform the workers concerned of the health risks their work
involves.
(2) A relevant undertaking shall ensure that in relation to a pregnant air
crew member, the conditions of exposure to cosmic radiation when she is in
flight are such that the equivalent dose to the foetus will be as low as
reasonably achievable and is unlikely to exceed 1 milliSievert during the
remainder of the pregnancy.
(3) Nothing in sub-regulation (2) requires the undertaking concerned to
take any action in relation to an air crew member until she has notified the
undertaking in writing that she is pregnant.
(4) The definition in regulation 2 of “crew” does not apply for the
purposes of this regulation.
(5) In this regulation and in regulation 42
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2009/008 (a) “air crew” has the same meaning as in Article 42 of Council Directive 96/29/Euratom of 13 May 1996 laying down basic
safety standards for the protection of the health of workers and
the general public against the dangers arising from ionizing
radiation; and
(b) “undertaking” includes a natural or legal person and “relevant
undertaking” means an undertaking established in Gibraltar
which operates aircraft but does not include an EU-OPS
operator.
(6) In this regulation
(a) “highly exposed air crew” and “milliSievert” have the same
respective meanings as in Article 42 of Council Directive
96/29/Euratom; and
(b) “year” means any period of twelve months.
PART 6
Documents and Records
Documents to be carried.
41. An aircraft shall not fly unless it carries the documents which it is
required to carry under the law of the country in which it is registered.
Keeping and production of records of exposure to cosmic radiation.
42.(1) A relevant undertaking shall keep a record, for the period and in the
manner prescribed, of the exposure to cosmic radiation of air crew assessed
under regulation 40 and the names of the air crew concerned.
(2) A relevant undertaking shall, within a reasonable period after being
requested to do so by an authorised person, cause to be produced to that
person the record required to be kept under sub-regulation (1).
(3) A relevant undertaking shall, within a reasonable period after being
requested to do so by a person in respect of whom a record is required to be
kept under sub-regulation (1), supply a copy of that record to that person.
Production of documents and records.
43.(1) The commander of an aircraft shall, within a reasonable time after
being requested to do so by an authorised person, cause to be produced to
that person
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2009/008 (a) the certificates of registration and airworthiness in force in
respect of the aircraft;
(b) the licences of its flight crew; and
(c) such other documents as the aircraft is required by regulation
41 to carry when in flight.
(2) The holder of a licence granted or rendered valid under these
Regulations shall, within a reasonable time after being requested to do so by
an authorised person, cause to be produced to that person his licence,
including any certificate of validation.
Production of air traffic service equipment documents and records.
44. The holder of an approval under regulation 80 or 81 shall, within a
reasonable time after being requested to do so by an authorised person,
cause to be produced to that person any documents and records relating to
any air traffic service equipment used or intended to be used in connection
with the provision of a service to an aircraft.
Power to inspect and copy documents and records.
45. An authorised person shall have the power to inspect and copy any
certificate, licence, log book, document or record which he has the power
under these Regulations, under EU-OPS or the EASA Aerodromes
Regulation to require to be produced to him.
Revocation, suspension and variation of certificates, licences and other
documents.
46.(1) Subject to sub-regulation (5), the Director may, if he thinks fit,
provisionally suspend or vary any certificate, licence, approval, permission,
exemption, authorisation or other document issued, granted or having effect
under these Regulations, pending inquiry into, or consideration of, the case.
(2) The Director may, on sufficient ground being shown to his satisfaction
after due inquiry, revoke, suspend or vary any such certificate, licence,
approval, permission, exemption, authorisation or other document.
(3) The holder or any person having the possession or custody of any
certificate, licence, approval, permission, exemption or other document
which has been revoked, suspended or varied under these Regulations shall
surrender it to the Director within a reasonable time after being required to
do so by the Director.
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2009/008 (4) The breach of any condition subject to which any certificate, licence,
approval, permission, exemption or other document has been granted or
issued or which has effect under these Regulations shall, in the absence of
provision to the contrary in the document, render the document invalid
during the continuance of the breach.
(5) The provisions of regulation 47 shall have effect, in place of the
provisions of this regulation, in relation to permits to which that regulation
applies.
Revocation, suspension and variation of permissions, etc. granted under
regulation 91 or regulation 93.
47.(1) Subject to the provisions of this regulation, the appropriate authority
may revoke, suspend or vary any permit to which this regulation applies.
(2) Save as provided by sub-regulation (3), the appropriate authority may
exercise its powers under sub-regulation (1) only after notifying the permit-
holder of its intention to do so and after due consideration of the case.
(3) If, by reason of the urgency of the matter, it appears to the appropriate
authority to be necessary for it to do so, it may provisionally suspend or vary
a permit to which this regulation applies without complying with the
requirements of sub-regulation (2); but it shall in any such case comply with
those requirements as soon thereafter as is reasonably practicable and shall
then, in the light of its due consideration of the case, either
(a) revoke the provisional suspension or variation of the permit; or
(b) substitute therefor a definitive revocation, suspension or
variation, which, if a definitive suspension, may be for the
same or a different period as the provisional suspension (if any)
or, if a definitive variation, may be in the same or different
terms as the provisional variation (if any).
(4) The powers vested in the appropriate authority by sub-regulation (1) or
sub-regulation (3) may be exercised by it whenever, in its judgment and
whether or not by reason of anything done or omitted to be done by the
permit-holder or otherwise connected with the permit-holder, it is necessary
or expedient that the permit-holder should not enjoy, or should no longer
enjoy, the rights conferred on him by a permit to which this regulation
applies or should enjoy them subject to such limitations or qualifications as
the appropriate authority may determine.
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2009/008 (5) In particular, and without prejudice to the generality of the foregoing, the appropriate authority may exercise its said powers if it appears to it that
(a) the person to whom the permit was granted has committed a
breach of any condition to which it is subject;
(b) any agreement between Her Majesty’s Government in the
United Kingdom and the Government of any other country,
which, with the consent of the Government of Gibraltar, Her
Majesty’s Government has extended to apply to Gibraltar and
in pursuance of which or in reliance on which the permit was
granted is no longer in force or that that other Government has
committed a breach thereof;
(c) the person to whom the permit was granted, or a Government
of another country which is a party to an agreement referred to
in paragraph (b), or the aeronautical authorities of the country
concerned, have acted in a manner which is inconsistent with
or prejudicial to the operation in good faith, and according to
its object and purpose, of any such agreement as aforesaid; or
(d) the person to whom the permit was granted, having been
granted it as a person designated by the Government of a
country other than Gibraltar for the purposes of an agreement
referred to in paragraph (b), is no longer so designated or that
that person has so conducted himself, or that such
circumstances have arisen in relation to him, as to make it
necessary or expedient to disregard or qualify the consequences
of his being so designated.
(6) The permit-holder or any person having the possession or custody of
any permit which has been revoked, suspended or varied under this
regulation shall surrender it to the appropriate authority within a reasonable
time of being required by him to do so.
(7) The breach of any condition subject to which any permit to which this
regulation applies has been granted shall render the permit invalid during the
continuance of the breach.
(8) The permits to which this regulation applies are permissions granted
by the appropriate authority under regulation 91 or regulation 93 and any
approvals or authorisations of, or consents to, any matter which the
appropriate authority has granted, or is deemed to have granted, in
pursuance of a permission which it has so granted.
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2009/008 (9) References in this regulation to the “permit-holder” are references to the person to whom any permit to which this regulation applies has been
granted or is deemed to have been granted.
(10) In this regulation “the appropriate authority” means
(a) in relation to regulation 91(1)(b), any person whose consent is
required pursuant to an international agreement; and
(b) in relation to regulation 91(1)(c) and regulation 93, the
Director.
(11) The appropriate authority referred to in sub-regulation (10)(a) may, in
any particular case, or class of cases, delegate to the Director the exercise of
the powers conferred on it under this regulation in respect of permissions
granted by it under regulation 91(1)(b) and any approvals or authorisations
of, or consents to, any matter which the appropriate authority has granted, or
is deemed to have granted, in pursuance of a permission which he has so
granted.
Offences in relation to documents and records.
48.(1) A person shall not with intent to deceive
(a) use any certificate, licence, approval, permission, exemption or
other document issued or required by or under these
Regulations or by or under Part 21, Part 145 or Part M or by or
under EU-OPS which has been forged, altered, revoked or
suspended, or to which he is not entitled;
(b) lend any certificate, licence, approval, permission, exemption
or any other document issued or having effect or required by or
under these Regulations or by or under Part 21, Part 145 or Part
M or by or under EU-OPS to, or allow it to be used by, any
other person; or
(c) make any false representation for the purpose of procuring for
himself or any other person the grant, issue, renewal or
variation of any such certificate, licence, approval, permission
or exemption or other document;
and in this sub-regulation a reference to a certificate, licence, approval,
permission, exemption or other document includes a copy or purported
copy.
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2009/008 (2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under these Regulations or by or
under Part 21, Part 145 or Part M or by or under EU-OPS to be maintained
or any entry made therein, or knowingly make, or procure or assist in the
making of, any false entry in or material omission from any such log book or
record or destroy any such log book or record during the period for which it
is required under these Regulations or by or under Part 21, Part 145 or Part
M or by or under EU-OPS to be preserved.
(3) All entries made in writing in any log book or record referred to in sub-
regulation (2) shall be made in ink or indelible pencil.
(4) A person shall not knowingly make in a load sheet any entry which is
incorrect in any material particular, or any material omission from such a
load sheet.
(5) A person shall not purport to issue any certificate for the purposes of
these Regulations or by or under Part 21, Part 145 or Part M or by or under
EU-OPS unless he is authorised to do so under any applicable European
Union legislation.
(6) A person shall not issue any such certificate as aforesaid unless he has
satisfied himself that all statements in the certificate are correct.
PART 7
Movement of Aircraft
Power to prohibit or restrict flying.
49.(1) Where the Minister deems it necessary in the public interest to
restrict or prohibit flying by reason of
(a) the intended gathering or movement of a large number of
persons;
(b) the intended holding of an aircraft race or contest or of a flying
display; or
(c) national defence or any other reason affecting the public
interest,
the Minister may issue directions prohibiting, restricting or imposing
conditions on flights by aircraft in any airspace over Gibraltar.
(2) Directions issued under this regulation may apply either generally or in
relation to any class of aircraft.
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2009/008 (3) It shall be an offence to contravene or permit the contravention of or
fail to comply with any directions issued hereunder.
(4) If the commander of an aircraft becomes aware that the aircraft is
flying in contravention of any directions which have been issued for any of
the reasons referred to in sub-regulation (1)(c) he shall, unless otherwise
instructed under sub-regulation (5), cause the aircraft to leave the area to
which the directions relate by flying to the least possible extent over such
area and the aircraft shall not begin to descend while over such an area.
(5) The commander of an aircraft flying either within an area for which
directions have been issued for any of the reasons referred to in sub-
regulation (1)(c) or within airspace notified as a Danger Area shall forthwith
comply with instructions given by radio by the appropriate air traffic control
unit or by, or on behalf of, the person responsible for safety within the
relevant airspace.
(6) The Minister shall issue a direction pursuant to sub-regulation (1)(c)
by reason of national defence in every case that the Governor certifies that
the national defence so requires, but shall not do so otherwise.
Balloons, kites, airships, gliders and parascending parachutes.
50.(1) The provisions of this regulation shall apply only to or in relation to
aircraft within Gibraltar.
(2) A balloon in captive or tethered flight shall not be flown within 60
metres of any vessel, vehicle or structure except with the permission of the
person in charge of any such vessel, vehicle or structure.
(3) Without the permission of the Director
(a) a glider or parascending parachute shall not be launched by
winch and cable or by ground tow to a height of more than 60
metres above ground level;
(b) a balloon in captive flight shall not be flown within the
aerodrome traffic zone of the Gibraltar Airport during the
notified operating hours of the Gibraltar Airport;
(c) a balloon in captive or tethered flight shall not be flown at a
height measured to the top of the balloon of more than 60
metres above ground level;
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2009/008 (d) a kite shall not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of the
Gibraltar Airport during the notified operating hours of the
Gibraltar Airport;
(e) a kite shall not be flown at a height of more than 60 metres
above ground level; and
(f) a parascending parachute shall not be launched by winch and
cable or by ground tow within the aerodrome traffic zone of the
Gibraltar Airport during the notified operating hours of the
Gibraltar Airport.
(4) An uncontrollable balloon in captive or released flight shall not be
flown in airspace notified for the purposes of this sub-regulation without the
permission of the Director.
(5) A controllable balloon shall not be flown in free controlled flight
(a) within airspace notified for the purposes of this sub-regulation;
or
(b) within the aerodrome traffic zone of the Gibraltar Airport
during the notified operating hours of the Gibraltar Airport,
except during the day and in visual meteorological conditions.
(6) A controllable balloon shall not be flown in tethered flight
(a) within airspace notified for the purposes of this sub-regulation;
or
(b) within the aerodrome traffic zone of the Gibraltar Airport,
except with the permission of the air traffic control unit at the Gibraltar
Airport.
(7) A balloon when in captive flight shall be securely moored and shall not
be left unattended unless it is fitted with a device which ensures its
automatic deflation if it breaks free of its moorings.
(8) An airship shall not be moored in any place in Gibraltar except with
the permission of the Director.
(9) An airship when moored in the open shall be securely moored and
shall not be left unattended.
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2009/008 (10) A person shall not cause or permit
(a) a group of small balloons exceeding 1,000 in number to be
simultaneously released at a single site wholly or partly within
the aerodrome traffic zone of the Gibraltar Airport during the
notified operating hours of the Gibraltar Airport unless that
person has given to the Director not less than 28 days previous
notice in writing of the release;
(b) a group of small balloons exceeding 2,000 but not exceeding
10,000 in number to be simultaneously released at a single
site
(i) within airspace notified for the purposes of this sub-
regulation; or
(ii) within the aerodrome traffic zone of the Gibraltar Airport
during the notified operating hours,
without the permission of the Director;
(c) a group of small balloons greater than 10,000 in number to be
simultaneously released at a single site except with the
permission of the Director.
(11) For the purposes of this regulation
(a) in sub-regulation (5) “day” means the time from half an hour
before sunrise until half an hour after sunset (both times
exclusive), sunset and sunrise being determined at surface
level;
(b) the “notified operating hours” means the hours referred to in
regulation 83.
(c) “simultaneously released at a single site” means the release of a
specified number of balloons during a period not exceeding 15
minutes from within an area not exceeding 1 km square.
Small unmanned aircraft.
51.(1) A person must not cause or permit any article or animal (whether or
not attached to a parachute) to be dropped from a small unmanned aircraft
so as to endanger persons or property.
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2009/008 (2) The person in charge of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.
(3) The person in charge of a small unmanned aircraft must maintain
direct, unaided visual contact with the aircraft sufficient to monitor its flight
path in relation to other aircraft, persons, vehicles, vessels and structures for
the purpose of avoiding collision.
(4) The person in charge of a small unmanned aircraft which has a mass
of more than 7kg excluding its fuel but including any articles or equipment
installed in or attached to the aircraft at the commencement of its flight,
must not fly the aircraft–
(a) in Class A, C, D or E airspace unless the permission of the
appropriate air traffic control unit has been obtained;
(b) within the aerodrome traffic zone of Gibraltar airport during
the notified hours of watch of the air traffic control unit at
Gibraltar airport unless the permission of that unit has been
obtained;
(c) at a height of more than 400 feet above the surface of the
ground above which that aircraft is flying, unless it is flying in
airspace described in (a) or (b) and in accordance with the
requirements for that airspace.
(5) The person in charge of a small unmanned aircraft must not fly the
aircraft for the purposes of aerial work except in accordance with a
permission granted by the Director.
Small unmanned surveillance aircraft.
51A.(1) The person in charge of a small unmanned surveillance aircraft
must not fly the aircraft in any of the circumstances described in sub-
regulation (2) except in accordance with a permission granted by the
Director.
(2) The circumstances referred to in sub-regulation (1) are–
(a) over or within 150 metres of any congested area;
(b) over or within 150 metres of any organised open- air assembly
of more than 1,000 persons;
(c) within 50 metres of any vessel, vehicle or structure which is
not under the control of the person in charge of the aircraft; or
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2009/008 (d) subject to sub-regulations (3) and (4), within 50 metres of any
person.
(3) Subject to sub-regulation (4), during take-off or landing, a small
unmanned surveillance aircraft must not be flown within 30 metres of any
person.
(4) Sub-regulations (2)(d) and (3) do not apply to the person in charge of
the small unmanned surveillance aircraft or a person under the control of the
person in charge of the aircraft.
(5) In this regulation a small unmanned surveillance aircraft means a
small unmanned aircraft which is equipped to undertake any form of
surveillance or data acquisition.
Regulation of rockets.
52.(1) Subject to sub-regulation (2), this regulation applies to
(a) small rockets of which the total impulse of the motor or
combination of motors exceeds 160 Newton-seconds; and
(b) large rockets.
(2) This regulation shall not apply to
(a) an activity to which the United Kingdom’s Outer Space Act
1986, as extended to apply to Gibraltar by the Outer Space Act
1986 (Gibraltar) Order 1996, applies; or
(b) a military rocket.
(3) No person shall launch a small rocket to which this regulation applies
unless the condition in sub-regulation (4), and any of the conditions in sub-
regulation (5) which are applicable, are satisfied.
(4) The condition first mentioned in sub-regulation (3) is that he has
reasonably satisfied himself that
(a) the flight can be safely made; and
(b) the airspace within which the flight will take place is, and will
throughout the flight, remain clear of any obstructions
including any aircraft in flight.
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2009/008 (5) The conditions mentioned secondly in sub-regulation (3) are that
(a) for a flight within controlled airspace, he has obtained the
permission of the air traffic control unit at the Gibraltar Airport
for aircraft flying in that airspace;
(b) for a flight within the aerodrome traffic zone of the Gibraltar
Airport during the hours referred to in regulation 83, he has
obtained the permission of the air traffic control unit at the
Gibraltar Airport; or
(c) for a flight for aerial work purposes the flight is carried out
under and in accordance with a permission granted by the
Director.
(6) No person shall launch a large rocket unless he does so under and in
accordance with a permission granted by the Director.
SERA.
52A.(1) Subject to sub-regulations (2) and (3), it is an offence to
contravene, to permit the contravention of, or to fail to comply with–
(a) the provisions of SERA specified in Section 4 of Part A of
Schedule 5; and
(b) the provisions of SERA specified in Section 4 of Part B of
Schedule 5.
(2) It is lawful for the specified provisions of SERA referred to in sub-
regulation (1) to be departed from to the extent necessary for–
(a) avoiding immediate danger;
(b) complying with the law of any country other than Gibraltar
within which the aircraft then is; or
(c) complying with MAA01: Military Aviation Authority
Regulation Policy and FLY 2000 Series Regulatory Articles
issued by the Secretary of State.
(3) It is lawful for the specified provisions of SERA referred to in sub-
regulation (1) to be departed from by an aircraft of which the commander is
acting as such in the course of the commander’s duty as a member of any of
Her Majesty’s naval, military or air forces.
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2009/008 (4) If any departure from the specified provisions of SERA is made for the purpose of avoiding immediate danger, the commander of the aircraft must
cause written detailed information about the departure, and of the
circumstances giving rise to it, to be given within 10 days of the departure to
the competent authority of the country in whose territory the departure was
made or if the departure was made over the high seas, to the Director.
(5) If it is proved that an act or omission of any person which would
otherwise have been a contravention by that person of a provision of SERA
was due to any cause not avoidable by the exercise of reasonable care by
that person, the act or omission shall be deemed not to be a contravention by
that person of that provision.
PART 8
Air Traffic Services
Requirement for an air traffic control approval.
53.(1) No person shall provide an air traffic control service other than
under, and in accordance with, the terms of an air traffic control approval
granted to him by the Director in accordance with applicable rules.
(2) The Director shall grant an air traffic control approval if he is satisfied
that the applicant is competent, having regard to his organisation, staffing,
equipment, maintenance and other arrangements, to provide a service which
is safe for use by aircraft.
Duty of person in charge to satisfy himself as to competence of
controllers.
54. The holder of an approval under regulation 53 shall not permit any
person to act as an air traffic controller or a student air traffic controller in
the provision of the service under the approval unless
(a) such person holds an appropriate licence; and
(b) the holder has satisfied himself that such person is competent
to perform his duties.
Manual of air traffic services.
55. A person shall not provide an air traffic control service at any place
unless
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2009/008 (a) the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in
respect of that place;
(b) the manual is produced to the Director within a reasonable time
after a request for its production is made by the Director; and
(c) such amendments or additions have been made to the manual
as the Director may from time to time require.
Provision of air traffic services.
56.(1) The airfield operator shall
(a) inform the Director in advance of the periods during and times
at which any of the aid equipment referred to in sub-regulation
(2) is to be in operation for the purpose of providing such aid as
is specified by the airfield operator; and
(b) during any period and at such times as are notified, cause an
approach control service to be provided.
(2) The equipment referred to in sub-regulation (1) is equipment for
providing aid
(a) for holding;
(b) for let-down; or
(c) for an approach to landing by radio or radar.
Making of an air traffic direction in the interests of safety.
57.(1) The airfield operator shall ensure that there shall be provided such an
air traffic control service, flight information service or means of two way
radio communication as it considers appropriate to ensure safety at the
Gibraltar Airport in compliance with applicable international standards; and
the Director may, for these purposes, issue directions to the airfield operator
with the approval of the Governor obtained by the Minister.
(2) The Director may specify in a direction made under this regulation the
periods during which, the times at which, the manner in which and the
airspace within which such service or such means shall be provided.
(3) The airfield operator shall cause such a service or means to be
provided in accordance with the direction.
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2009/008 (4) A provisional air traffic direction
(a) may, if he thinks fit, be made by the Director in accordance
with sub-regulation (1) pending inquiry into or consideration of
the case;
(b) shall have effect as though it were an air traffic direction made
in accordance with sub-regulation (1).
Making of a direction for airspace policy purposes.
58.(1) After consultation with the Governor, the Minister may direct, in
accordance with sub-regulations (2) and (3), any person in charge of the
provision of air traffic services in respect of Gibraltar.
(2) A direction under sub-regulation (1) may be made
(a) in the interests of ensuring the efficient use of airspace; or
(b) to require that air traffic services are provided to a standard
considered appropriate by the Minister, after consultation with
the Director, for the airspace classification.
(3) The Minister may specify in a direction under sub-regulation (1) the air
traffic services and the standard to which they are to be provided and the
periods during which, the times at which, the manner in which, and the
airspace within which such services shall be provided.
(4) The person who has been directed shall cause such a service to be
provided in accordance with the direction.
Use of radio call signs at the Gibraltar Airport.
59. No person shall cause or permit any call sign to be used for a purpose
other than a purpose for which that call sign has been notified.
Approval of instrument flight procedures.
59A.(1) An instrument flight procedure within Gibraltar must not be
notified unless that procedure has been designed or approved by the
Director.
(2) The Director must not notify or approve an instrument flight
procedure unless the Director is satisfied that the procedure is safe for use
by aircraft.
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2009/008 (3) Subject to sub-regulation (5), the Director may approve an
instrument flight procedure where an application for approval of the
procedure has been made.
(4) An applicant for approval of an instrument flight procedure must
supply such evidence and reports as the Director may require.
(5) The Director is not obliged to accept an application for the approval
of an instrument flight procedure where that application is not supported by
a report submitted by a person approved under sub-regulation (6).
(6) The Director must grant an approval to submit reports supporting an
application for approval of an instrument flight procedure if the Director is
satisfied that–
(a) the CAA has approved the applicant as a person competent to
design an instrument flight procedure that is safe for use by
aircraft; or
(b) the applicant is competent having regard to the applicant’s
organisation, staffing, equipment, knowledge, experience,
competence, skill and other arrangements to design an
instrument flight procedure that is safe for use by aircraft.
(7) The applicant for an approval under sub-regulation (6) must supply
such evidence and undergo such examinations and tests and undertake such
courses of training as the Director may require.
(8) For the purposes of this regulation, the Director may subject to such
conditions as the Director thinks fit–
(a) approve any course of training;
(b) authorise a person to conduct such examinations or tests as the
Director may specify; and
(c) approve a person to provide any course of training.
PART 9
Licensing of Air Traffic Controllers
Prohibition of unlicensed air traffic controllers and student air traffic
controllers.
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2009/008 60.(1) A person to whom Article 2(a) or (b) of the EASA Air Traffic Controller Regulation applies must not provide air traffic control services
unless authorised to do so in accordance with either a student air traffic
controller licence or an air traffic controller licence specified in sub-
regulation (3) which they hold.
(2) A person to whom Article 2(a) or (b) of the EASA Air Traffic
Controller Regulation applies must not hold himself or herself out, whether
by use of a radio call sign or in any other way, as a person who may provide
air traffic control services unless authorised to do so in accordance with
either a student air traffic controller licence or an air traffic controller
licence specified in sub-regulation (3) which they hold.
(3) A student air traffic controller licence or air traffic controller licence
referred to in sub-regulations (1) and (2) is a licence issued under the EASA
Air Traffic Controller Regulation by the Director or the CAA or a licence
issued under the EASA Air Traffic Controller Regulation by a member State
other than the United Kingdom which has been recognised by the Director
in accordance with regulation 77.
61. Omitted.
62. Omitted.
63. Omitted.
Period for which a student air traffic controller licence remains in
force.
64. Unless suspended or revoked, a student air traffic controller licence
remains if force for the period specified in the licence which shall not
exceed two years.
65. Omitted.
66. Omitted.
67. Omitted.
68. Omitted.
Fatigue of air traffic controllers.
69. A person must not exercise the privileges of a student air traffic
controller licence or an air traffic controller licence if he knows or suspects
that he is suffering from or, having regard to the circumstances of the period
of duty to be undertaken, is likely to suffer from, such fatigue as may
endanger the safety of any aircraft to which an air traffic control service may
be provided.
Acting under the influence of psychoactive substances or medicines.
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2009/008 70. A person must not exercise the privileges of a student air traffic
controller licence or an air traffic controller licence whilst under the
influence of any psychoactive substance or medicines which might render
them unable to exercise the privileges of their licence safely and properly.
Failing exams, assessments or tests.
71. A person who, on the last occasion when he was examined, assessed or
tested for the purposes of this Part, failed that examination, assessment or
test shall not be entitled to act in the capacity for which that examination,
assessment or test would have qualified him had he passed it.
Use and approval of simulators.
72.(1) No part of any examination, assessment or test undertaken for the
purpose of the EASA Air Traffic Controller Regulation may be undertaken
in a simulator unless that simulator has been approved by the Director.
(2) The Director may approve a simulator for the purposes of sub-
regulation (1) if he is satisfied that it is fit for its intended purpose.
Approval of courses, persons and simulators.
73. Without prejudice to application of the EASA Air Traffic Controller
Regulation or any other provision of these Regulations, the Director may,
for the purposes of this Part
(a) approve any course of training or instruction;
(b) approve any unit training plan or unit competence scheme;
(c) authorise a person to conduct such examinations, assessments
or tests as it may specify;
(d) approve a competence examiner or a competence assessor; and
(e) approve a simulator.
Certification of training organisations and mutual recognition of
training certificates.
74. A person must not provide training necessary for a person to obtain from
the Director a student air traffic controller licence or an air traffic controller
licence or any associated rating or endorsement or to maintain any of them
unless–
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2009/008 (a) they hold training organisation certification issued or
recognised by the Director in accordance with the EASA Air
Traffic Controller Regulation; and
(b) the training has been approved by the Director in accordance
with Article 22(2)(d) of the EASA Air Traffic Controller
Regulation.
Certified training organisations - production of records.
74A. A certified training organisation must, within a reasonable time of
being requested to do so by the Director, produce to him any record or
document (whether or not in electronic form) which the Director may
require for the purpose of determining whether the certified training
organisation fulfils the requirements set out in Chapter IV of the EASA Air
Traffic Controller Regulation.
75. Omitted.
Approval of competence examiners and assessors.
76.(1) A person may not act as a competence examiner or competence
assessor for unit and continuation training unless he has been approved by
the Director.
(2) The approval referred to in sub-regulation (1) is valid for three years
and is renewable.
Recognition of air traffic controllers licences issued by another Member
State.
77.(1) The Director must recognise on behalf of Gibraltar, air traffic
controller and student air traffic controller licences and their associated
ratings, rating endorsements and language endorsements as well as
associated medical certificates issued by a Member State in accordance with
the EASA Air Traffic Controller Regulation.
(2) An application for such recognition must be made in writing to the
Director.
(3) The Director must issue a certificate of recognition to the applicant
upon being satisfied in accordance with sub-regulation (1).
Acting as an air traffic controller and a student air traffic controller.
78. For the purposes of this Part and Schedule 3
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2009/008 (a) “acting as an air traffic controller” means either
(i) giving an air traffic control service; or
(ii) the supervision of a student air traffic controller,
or both; and
(b) “acting as a student air traffic controller” means giving an air
traffic control service under the supervision of an air traffic
controller.
Provisional suspension or variation of air traffic controller and student
air traffic controller licences, ratings, certificates and endorsements.
78A.(1) The Director may, subject to and in accordance with article 14(1) of
the Basic EASA Regulation, provisionally suspend or vary any air traffic
controller licence, rating, certificate or endorsement which he has issued to a
person, pending inquiry into or consideration of the case.
(2) A provisional suspension or variation under sub-regulation (1)
ceases to have effect where–
(a) it is withdrawn by the Director; or
(b) it is revoked by the Director following a finding, in
accordance with article 14(3) of the Basic EASA
Regulation, that it is not justified.
(3) The Director must revoke a provisional suspension or variation if it
is found not to be justified under article 14(3) of the Basic EASA
Regulation.
Definitions relevant to this Part.
79. Terms used in this Part shall be construed consistently with equivalent
terms used in the EASA Air Traffic Controller Regulation.
PART 10
Air Traffic Service Equipment
Air traffic service equipment.
80.(1) A person shall not cause or permit any air traffic service equipment
to be established or used in Gibraltar otherwise than under and in
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2009/008 accordance with an approval granted by the Director to the person in charge of the equipment.
(2) An approval shall be granted under sub-regulation (1) upon the
Director being satisfied
(a) as to the intended purpose of the equipment;
(b) that the equipment is fit for its intended purpose; and
(c) that the person is competent to operate the equipment.
(3) The person in charge of the aeronautical radio station at the Gibraltar
Airport shall cause to be notified in relation to that aeronautical radio station
the type and availability of operation of any service which is available for
use by any aircraft.
(4) An approval granted under sub-regulation (1) may, in addition to any
other conditions which may be imposed, include a condition requiring the
person in charge of the equipment to use a person approved by the Director
under sub-regulation (5) for the provision of particular services in
connection with the equipment and in particular, but without limitation, may
include a condition requiring that the equipment be flight checked by such
an approved person.
(5) The Director may approve a person to provide particular services in
connection with approved equipment.
(6) For the purpose of sub-regulations (1) and (5) an approval may be
granted in respect of one or more than one person or generally.
(7) The provisions of this regulation shall not apply to any air traffic
service equipment in respect of which the Director has made a direction that
it shall be deemed not to be air traffic service equipment for the purposes of
this regulation.
(8) This regulation does not apply to air traffic service equipment or to
aeronautical radio stations established or used by a member of MoD
personnel.
Air traffic service equipment records.
81.(1) The person in charge of any air traffic service equipment and any
associated apparatus required under sub-regulation (2) or (3) shall keep in
respect of such equipment or apparatus records in accordance with Part A of
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2009/008 Schedule 4, and shall preserve such records for a period of one year or such longer period as the Director may in a particular case direct.
(2) The person in charge of an aeronautical radio station which is used for
the provision of an air traffic control service by an air traffic control unit
shall provide recording apparatus in accordance with sub-regulation (4).
(3) The Director may direct the person in charge of any other air traffic
service equipment to provide recording apparatus in accordance with sub-
regulation (4).
(4) The person in charge of the air traffic service equipment in respect of
which recording apparatus is required to be provided under sub-regulation
(2) or (3) shall, subject to sub-regulation (7)
(a) ensure that when operated the apparatus is capable of recording
and replaying the terms or content of any message or signal
transmitted or received by or through that equipment; or in the
case of an aeronautical radio station the apparatus is capable of
recording and replaying the terms or content of any voice radio
message or signal transmitted to an aircraft either alone or in
common with other aircraft or received from an aircraft by the
air traffic control unit;
(b) ensure that the apparatus is in operation at all times when the
equipment is being used in connection with the provision of a
service provided for the purpose of facilitating the navigation
of aircraft;
(c) ensure that each record made by the apparatus complies with
Part B of Schedule 4;
(d) not cause or permit that apparatus to be used unless it is
approved by the Director; and
(e) comply with the terms of such an approval.
(5) The Director may, in considering whether or not to grant an approval,
without limitation, have regard to the matters specified in Part C of
Schedule 4.
(6) An approval may be granted
(a) in addition to any other conditions which may be imposed,
subject to conditions relating to the matters to which the
Director may have had regard to under sub-regulation (5);
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2009/008 (b) in respect of one or more than one person or generally.
(7) If any apparatus provided in compliance with sub-regulation (2) or (3)
ceases to be capable of recording the matters required by this regulation to
be included in the records, the person required to provide that apparatus
shall ensure that, so far as practicable, a record is kept which complies with
Part B of Schedule 4 and on which the particulars specified therein are
recorded together with, in the case of apparatus provided in compliance with
sub-regulation (2), a summary of voice communications exchanged between
the aeronautical radio station and any aircraft.
(8) If any apparatus provided in compliance with sub-regulation (2) or (3)
becomes unserviceable, the person in charge of the air traffic service
equipment shall ensure that the apparatus is rendered serviceable again as
soon as reasonably practicable.
(9) The person in charge of any air traffic service equipment shall preserve
any record made in compliance with sub-regulation (4) or (7) for a period of
30 days from the date on which the terms or content of the message or signal
were recorded or for such longer period as the Director may in a particular
case direct.
(10) Subject to sub-regulation (11), a person required by this regulation to
preserve any record by reason of his being the person in charge of the air
traffic service equipment shall, if he ceases to be such a person, continue to
preserve the record as if he had not ceased to be such a person, and in the
event of his death the duty to preserve the record shall fall upon his personal
representative.
(11) If another person becomes the person in charge of the air traffic
service equipment the previous person in charge or his personal
representative shall deliver the record to that other person on demand, and it
shall be the duty of that other person to deal with any such record delivered
to him as if he were the previous person in charge.
(12) The person in charge of any air traffic service equipment shall, within
a reasonable time after being requested to do so by an authorised person,
produce any record required to be preserved under this regulation to that
authorised person.
(13) The provisions of this regulation shall not apply to any air traffic
service equipment in respect of which the Director has made a direction that
it shall be deemed not to be air traffic service equipment for the purposes of
this regulation.
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2009/008 (14) This regulation does not apply to air traffic service equipment, associated apparatus or to aeronautical radio stations established or used by
a member of MoD personnel.
PART 11
The Gibraltar Airport, Aeronautical Lights and Dangerous Lights
Requirement to use Gibraltar airport.
82.(1) An aircraft to which this sub-regulation applies shall not take off or
land at a place in Gibraltar other than at the Gibraltar Airport other than with
the permission of the Director.
(2) Sub-regulation (1) applies to
(a) any aeroplane of which the maximum total weight authorised
exceeds 2,730 kg flying on a flight
(i) for the purpose of the commercial air transport of
passengers or the public transport of passengers;
(ii) for the purpose of instruction in flying given to any
person for the purpose of becoming qualified for the
grant of a pilot’s licence or the inclusion of an aircraft
rating, a night rating or a night qualification in a licence;
or
(iii) for the purpose of carrying out flying tests in respect of
the grant of a pilot’s licence or the inclusion of an
aircraft rating or a night rating in a licence;
(b) any aeroplane of which the maximum total weight authorised
does not exceed 2,730 kg flying on a flight
(i) which is a scheduled journey for the purpose of the the
commercial air transport of passengers or public
transport of passengers;
(ii) for the purpose of the the commercial air transport of
passengers or public transport of passengers beginning
and ending at the same aerodrome;
(iii) Omitted.
(iv) for the purpose of the the commercial air transport of
passengers or public transport of passengers at night;
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2009/008 (c) any helicopter or gyroplane flying on a flight which is a
scheduled journey for the purpose of the public transport of
passengers;
(d) any glider (other than a glider being flown under arrangements
made by a flying club and carrying no person other than a
member of the club) flying on a flight for the purpose of the
public transport of passengers or for the purpose of instruction
in flying;
(e) in any helicopter or gyroplane of which the maximum total
weight authorised is more than 3175kg flying on a flight for the
purpose of–
(i) for the purpose of instruction in flying given to any
person for the purpose of becoming qualified for the
grant of a pilot’s licence or the inclusion of an aircraft
rating, a night rating or a night qualification in a licence,
or
(ii) for the purpose of a flying test for the grant of a pilot’s
licence or the inclusion of an aircraft rating, a night
rating or a night qualification in a licence.
(3) The person in charge of any area in Gibraltar intended to be used for
the take off or landing of helicopters at night other than such a place as is
specified in sub-regulation (1) shall cause to be in operation, whenever a
helicopter flying for the purpose of the public transport of passengers is
taking off or landing at that area by night, such lighting as will enable the
pilot of the helicopter
(a) in the case of landing, to identify the landing area in flight, to
determine the landing direction and to make a safe approach
and landing; and
(b) in the case of taking off, to make a safe take-off.
(4) A helicopter flying for the purpose of the public transport of
passengers at night shall not take off or land at a place to which sub-
regulation (3) applies unless there is in operation such lighting.
Use of the Gibraltar Airport.
83. The Minister, in accordance with arrangements agreed with the airfield
operator, shall cause to be notified subject to such conditions as the Minister
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2009/008 thinks fit, the times at which the Gibraltar Airport shall be available for the take-off and landing of civil aircraft.
Use of the Gibraltar Airport by aircraft of Contracting States and of
the Commonwealth.
84. The Minister shall cause the Gibraltar Airport and all of its air
navigation facilities to be available for use by aircraft registered in any
Contracting State or in any part of the Commonwealth on equal terms and
conditions.
Noise and vibration caused by aircraft at the Gibraltar Airport.
85.(1) The Minister may prescribe the conditions under which noise and
vibration may be caused by aircraft (including military aircraft) at the
Gibraltar Airport; and such conditions may include conditions in relation to
noise and vibration caused in the manufacture, repair or maintenance of
aircraft at the Gibraltar Airport.
(2) Section 41(2) of the Act shall apply whenever the Minister has
prescribed conditions in accordance with sub-regulation (1).
(3) The Minister shall not, under this regulation, prescribe conditions in
accordance with sub-regulation (1) in relation to military aircraft except with
the prior approval of the Governor.
Aeronautical lights.
86.(1) Except with the permission of the Director and in accordance with
any conditions subject to which the permission may be granted, a person
shall not establish, maintain or alter the character of
(a) an aeronautical beacon within Gibraltar; or
(b) any aeronautical ground light (other than an aeronautical
beacon) at the Gibraltar Airport, or which forms part of the
lighting system for use by aircraft taking off from or landing at
the Gibraltar Airport.
(2) In the case of an aeronautical beacon which is or may be visible from
the waters within an area of a lighthouse, the Director shall not give his
permission for the purpose of this regulation except with the consent of the
Minister with responsibility for the port.
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2009/008 (3) A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the
Director.
Lighting of en-route obstacles.
87.(1) For the purposes of this regulation, an “en-route obstacle” means any
building, structure or erection which is 150 metres or more above ground
level, but it does not include a building, structure or erection which is in the
vicinity of the Gibraltar Airport.
(2) The person in charge of an en-route obstacle shall ensure that it is
fitted with medium intensity steady red lights positioned as close as possible
to the top of the obstacle and at intermediate levels spaced so far as
practicable equally between the top lights and ground level with an interval
not exceeding 52 metres.
(3) Subject to sub-regulation (4), the person in charge of an en-route
obstacle shall ensure that, by night, the lights required to be fitted by this
regulation shall be displayed.
(4) In the event of the failure of any light which is required by this
regulation to be displayed by night the person in charge shall repair or
replace the light as soon as is reasonably practicable.
(5) At each level on the obstacle where lights are required to be fitted,
sufficient lights shall be fitted and arranged so as to show when displayed in
all directions.
(6) In any particular case the Director may direct that an en-route obstacle
shall be fitted with and shall display such additional lights in such positions
and at such times as he may specify.
(7) This regulation shall not apply to any en-route obstacle in respect of
which the Director has granted a permission for the purposes of this
regulation to the person in charge.
(8) A permission may be granted for the purposes of this regulation in
respect of a particular case or class of cases or generally.
Lighting of wind turbine generators in BGTW.
88.(1) This regulation shall apply to any wind turbine generator which is
situated in BGTW and the height of which is 60 metres or more above the
level of the sea at the highest astronomical tide.
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2009/008 (2) Subject to sub-regulation (3) the person in charge of a wind turbine generator to which this regulation applies shall ensure that it is fitted with at
least one medium intensity steady red light positioned as close as reasonably
practicable to the top of the fixed structure.
(3) Where four or more wind turbine generators to which this regulation
applies are located together in the same group, with the permission of the
Director only those on the periphery of the group need be fitted with a light
in accordance with sub-regulation (2).
(4) The light or lights required by sub-regulation (2) shall, subject to sub-
regulation (5), be so fitted as to show when displayed in all directions
without interruption.
(5) When displayed
(a) the angle of the plane of the beam of peak intensity emitted by
the light shall be elevated to between 3 and 4 degrees above the
horizontal plane;
(b) not more than 45% or less than 20% of the minimum peak
intensity specified for a light of this type shall be visible at the
horizontal plane;
(c) not more than 10% of the minimum peak intensity specified for
a light of this type shall be visible at a depression of 1.5
degrees or more below the horizontal plane.
(6) The person in charge of a wind turbine generator to which this
regulation applies shall
(a) subject to sub-paragraph (b) ensure that, by night, any light
required to be fitted by this regulation shall be displayed;
(b) in the event of the failure of the light which is required by this
regulation to be displayed by night, repair or replace the light as
soon as is reasonably practicable.
(7) When visibility in all directions from every wind turbine generator to
which this regulation applies in a group is more than 5 km the light intensity
for any light required by this regulation to be fitted to any generator in the
group and displayed may be reduced to not less than 10% of the minimum
peak intensity specified for a light of this type.
(8) In any particular case the Director may direct that a wind turbine
generator to which this regulation applies shall be fitted with and shall
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2009/008 display such additional lights in such positions and at such times as he may specify.
(9) This regulation shall not apply to any wind turbine generator in respect
of which the Director has granted a permission for the purposes of this
regulation to the person in charge.
(10) A permission may be granted for the purposes of this regulation in
respect of a particular case or class of cases or generally.
(11) In this regulation
(a) “wind turbine generator” is a generating station which is
wholly or mainly driven by wind;
(b) the height of a wind turbine generator is the height of the fixed
structure or if greater the maximum vertical extent of any blade
attached to that structure; and
(c) a wind turbine generator is in the same group as another wind
turbine generator if the same person is in charge of both and
(i) it is within 2 km of that other wind turbine generator; or
(ii) it is within 2 km of a wind turbine generator which is in
the same group as that other wind turbine generator.
Dangerous lights.
89.(1) A person shall not exhibit in Gibraltar any light which
(a) by reason of its glare is liable to endanger aircraft taking off
from or landing at the Gibraltar Airport; or
(b) by reason of its liability to be mistaken for an aeronautical
ground light is liable to endanger aircraft.
(2) If any light which appears to the Minister, after consultation with the
Director, to be such a light as aforesaid is exhibited the Minister may cause
a notice to be served upon the person who is the occupier of the place where
the light is exhibited or has charge of the light, directing that person, within
a reasonable time to be specified in the notice, to take such steps as may be
specified in the notice for extinguishing or screening the light and for
preventing for the future the exhibition of any other light which may
similarly endanger aircraft.
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2009/008 (3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.
Lights which dazzle or distract.
89A.(1) A person must not in Gibraltar direct or shine any light (including a
laser), which has, or is calculated to have, the effect of dazzling or
distracting–
(a) the pilot of any aircraft in flight,
(b) persons within any installation situated on Gibraltar Airport; or
(c) the driver of any vehicle that is being used on Gibraltar Airport.
(2) Sub-regulation (1) shall not apply to a person who is acting in the
course of his duty within Gibraltar Airport.
Aviation fuel at the Gibraltar Airport.
90.(1) Subject to sub-regulation (2), a person who has the management of
any aviation fuel installation at the Gibraltar Airport shall not cause or
permit any fuel to be delivered to that installation or from it to an aircraft
unless
(a) when the aviation fuel is delivered into the installation he is
satisfied that
(i) the installation is capable of storing and dispensing the
fuel so as not to render it unfit for use in aircraft;
(ii) the installation is marked in a manner appropriate to the
grade of fuel stored or, if different grades are stored in
different parts, each part is so marked; and
(iii) in the case of delivery into the installation or part thereof
from a vehicle or vessel, the fuel has been sampled and is
of a grade appropriate to that installation or that part of
the installation as the case may be and is fit for use in
aircraft;
and
(b) when any aviation fuel is dispensed from the installation he is
satisfied as the result of sampling that the fuel is fit for use in
aircraft.
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2009/008 (2) Sub-regulation (1) shall not apply in respect of fuel which has been
removed from an aircraft and is intended for use in another aircraft operated
by the same operator as the aircraft from which it has been removed.
(3) A person to whom sub-regulation (1) applies shall keep a written
record in respect of each installation of which he has the management,
which record shall include
(a) particulars of the grade and quantity of aviation fuel delivered
and the date of delivery;
(b) particulars of all samples taken of the aviation fuel and of the
results of tests of those samples; and
(c) particulars of the maintenance and cleaning of the installation,
and he shall preserve the written record for a period of 12 months or such
longer period as the Director may in a particular case direct and shall, within
a reasonable time after being requested to do so by an authorised person,
produce such record to that person.
(4) A person shall not cause or permit any aviation fuel to be dispensed for
use in an aircraft if he knows or has reason to believe that the aviation fuel is
not fit for use in aircraft.
(5) If it appears to the Director or an authorised person that any aviation
fuel is intended or likely to be delivered in contravention of any provision of
this regulation, the Director or that authorised person may direct the person
having the management of the installation not to permit aviation fuel to be
dispensed from that installation until the direction has been revoked by the
Director or by an authorised person.
(6) In this regulation
(a) “aviation fuel” means fuel intended for use in aircraft; and
(b) “aviation fuel installation” means any apparatus or container,
including a vehicle, designed, manufactured or adapted for the
storage of aviation fuel or for the delivery of such fuel to an
aircraft.
PART 12
General
Restriction on carriage for valuable consideration.
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2009/008 91.(1) An aircraft shall not take on board or discharge any passengers or
cargo in Gibraltar where valuable consideration is given or promised in
respect of the carriage of such persons or cargo unless
(a) it is exercising traffic rights permitted by virtue of Regulation
(EC) No. 1008/2008 of the European Parliament and of the
Council of 24 September 2008 on common rules for the
operation of air services in the Community, any Regulation or
other European Union instrument that replaces, amends or
builds on that Regulation, or that deals with traffic rights;
(b) where there is in place an agreement between Her Majesty’s
Government in the United Kingdom and the government of any
other country, which, with the consent of the Government of
Gibraltar, Her Majesty’s Government has extended to apply to
Gibraltar, in accordance with the permission granted pursuant
to that agreement; or
(c) in every other case, it does so with the permission of the
Director to the operator or charterer of the aircraft and in
accordance with any conditions to which such permission is
subject.
(2) Without prejudice to regulation 47 or to sub-regulation (1), any breach
by a person to whom a permission has been granted under this regulation of
any condition to which that permission was subject shall constitute a
contravention of this regulation.
(3) The Director may exercise the relevant permission granting powers
set out in and in accordance with any international agreement referred to in
sub-regulation (1)(b) where those powers are delegated to the Director by
the relevant authority designated under that agreement.
Filing and approval of tariffs.
92.(1) Where a bilateral agreement under regulation 91(1)(b) contains a
tariff provision, and this is reflected in a permission granted under an
agreement to which that sub-regulation applies, the Minister may, in any
cases or class of cases, where the power so to do is delegated to the Minister
by the relevant authority for the purposes of that agreement exercise the
power to approve or disapprove the tariff which the operator or charterer of
the aircraft concerned proposes to apply on flights to which the permission
relates, and where the power to approve or disapprove tariffs is so delegated,
the Minister shall, in exercising that power, comply with any general
guidelines or specific directions which may from time to time be conveyed
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2009/008 to him by the Secretary of State pursuant to the terms of any applicable international agreement.
(2) For the purposes of this regulation, “tariff provision” means a
condition as to any of the following matters
(a) the price to be charged for the carriage of passengers, baggage
or cargo on flights to which a permission granted under
regulation 91(1)(b) relates;
(b) any additional goods, services or other benefits to be provided
in connection with such carriage;
(c) the price, if any, to be charged for any such additional goods,
services or benefits; and
(d) the commission, or rates of commission, to be paid in relation
to the carriage of passengers, baggage or cargo,
and includes any condition as to the applicability of any such price, the
provision of any such goods, services or benefits or the payment of any such
commission or of commission at any such rate.
Restriction on aerial photography, aerial survey and aerial work.
93.(1) An aircraft shall not fly over Gibraltar for the purpose of aerial
photography or aerial survey (whether or not valuable consideration is given
or promised in respect of the flight or the purpose of the flight) or for the
purpose of any other form of aerial work except with the permission of the
Director granted under this regulation to the operator or the charterer of the
aircraft and in accordance with any conditions to which such permission
may be subject.
(2) Without prejudice to regulation 47 or to sub-regulation (1), any breach
by a person to whom a permission has been granted under this regulation of
any condition to which that permission was subject shall constitute a
contravention of this regulation.
Flights over any foreign country.
94.(1) The commander and, where his principal place of business or
permanent residence is in Gibraltar, the operator of an aircraft which is
being flown over any foreign country, shall not allow that aircraft to be used
for a purpose which is prejudicial to the security, public order or public
health of, or to the safety of air navigation in relation to, that country.
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2009/008 (2) A person does not contravene sub-regulation (1) if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred
to in sub-regulation (1).
(3) The commander and, where his principal place of business or
permanent residence is in Gibraltar, the operator of an aircraft which is
being flown over any foreign country shall comply with any directions given
by the appropriate aeronautical authorities of that country whenever
(a) the flight has not been duly authorised; or
(b) there are reasonable grounds for the appropriate aeronautical
authorities to believe that the aircraft is being or will be used
for a purpose which is prejudicial to the security, public order
or public health of, or to the safety of air navigation in relation
to, that country,
unless the lives of persons on board or the safety of the aircraft would
thereby be endangered.
(4) A person does not contravene sub-regulation (3) if he neither knew nor
suspected that directions were being given by the appropriate aeronautical
authorities.
(5) The requirement in sub-regulation (3) is without prejudice to any other
requirement to comply with directions of an aeronautical authority.
(6) In this regulation “appropriate aeronautical authorities” includes any
person, whether a member of a country’s military or civil authorities,
authorised under the law of the foreign country to issue directions to aircraft
flying over that country.
Directions to operators of aircraft to make data available.
95.(1) The Director may give a direction to any person who is an operator
of an aircraft referred to in sub-regulation (2) requiring the operator to take
the action referred to in sub-regulation (3).
(2) The aircraft referred to in sub-regulation (1) is any aircraft which
(alone or in combination with one or more other aircraft operated by the
operator) is flown for the carriage of passengers from Gibraltar (directly or
via another country) to a country which is outside the European Economic
Area and is specified in the direction.
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2009/008 (3) The action referred to in sub-regulation (1) is the making available electronically of data in respect of all passengers and crew on the aircraft or
expected to be on the aircraft.
(4) A direction may be given in respect of
(a) all aircraft;
(b) any aircraft; or
(c) any class of aircraft,
of which (at the time when the direction is given or at any subsequent time)
the person is the operator and which is or are specified in the direction.
(5) A direction shall specify
(a) the competent authorities of the country to whom the data are
to be made available electronically; and
(b) the types of data to which the direction relates.
(6) A direction shall only have effect in relation to data which are
collected and contained in the operator's automated reservation system or
departure control system.
96 & 97. Revoked.
Power to prevent aircraft flying.
98.(1) If it appears to the Director or an authorised person that any aircraft
is intended or likely to be flown
(a) in such circumstances that any provision of regulations 3, 4, 5,
10, 11, 30, 34(2) would be contravened in relation to the flight;
(b) in such circumstances that the flight would be in contravention
of any provision of these Regulations or of EU-OPS and be a
cause of danger to any person or property whether or not in the
aircraft; or
(c) while in a condition unfit for the flight, whether or not the
flight would otherwise be in contravention of any provision of
these Regulations or of EU-OPS,
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2009/008 the Director or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the
particular flight or any other flight of such description as may be specified in
the direction, until the direction has been revoked by the Director or by an
authorised person, and the Director or that authorised person may take such
steps as are necessary to detain the aircraft.
(2) For the purposes of sub-regulation (1) the Director or any authorised
person may enter upon and inspect any aircraft.
Grounded aircraft not to fly.
98A. An aircraft which has been grounded in accordance with paragraph
ARO.RAMP.140 of Part-ARO of Annex II to Commission Regulation
965/2012 and which has not subsequently been permitted to fly must not be
flown.
Power to prevent third-country aircraft taking off.
99. Where it appears to an authorised person that a third-country aircraft
(a) has a safety deficiency and does not comply with international
safety standards;
(b) would obviously be hazardous to flight safety; and
(c) is intended or is likely to be flown without completion by the
operator of the appropriate corrective action,
that authorised person shall give to the person appearing to be in command
of the aircraft a direction in writing that he shall not permit the aircraft to
take off until further notice and take such steps as may be necessary to
detain that aircraft.
Notifying competent authority of the detention of a third-country
aircraft.
100. An authorised person shall immediately inform the competent
authority of the State of the operator of the detention and, where necessary,
of the State in which the aircraft is registered.
Validity of certificate of airworthiness.
101. Where
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2009/008 (a) an aircraft has been prohibited from taking off pursuant to regulation 99;
(b) the safety deficiency affects the validity of the certificate of
airworthiness of the aircraft; and
(c) the Director has granted the operator of the aircraft an
exemption from the requirement that the aircraft have a valid
certificate of airworthiness,
an authorised person shall not revoke a direction issued pursuant to
regulation 99 unless he is satisfied that the operator has obtained permission
for the flight from all States over which it is intended to fly the aircraft.
Right of access to the Gibraltar Airport and other places.
102. The Director and any authorised person shall have the right of access
at all reasonable times
(a) to the Gibraltar Airport for the purpose of inspecting the
aerodrome;
(b) to the Gibraltar Airport for the purpose of inspecting any
aircraft at the Gibraltar Airport or any document which it or he
has power to demand under these Regulations, or for the
purpose of detaining any aircraft under the provisions of these
Regulations;
(c) to any place where an aircraft has landed, for the purpose of
inspecting the aircraft or any document which it or he has
power to demand under these Regulations and for the purpose
of detaining the aircraft under the provisions of these
Regulations;
(d) to any building or place from which an air traffic control
service is being provided or where any air traffic service
equipment requiring approval under regulation 80 is situated
for the purpose of inspecting
(i) any equipment used or intended to be used in connection
with the provision of a service to an aircraft in flight or
on the ground; or
(ii) any document or record which it or he has power to
demand under these Regulations; and
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2009/008 (e) Omitted.
Obstruction of persons.
103. A person shall not intentionally obstruct or impede any person acting
in the exercise of his powers or the performance of his duties under these
Regulations or an implementing rule adopted by the European Commission
in accordance with the Basic EASA Regulation.
Directions.
104.(1) Where any provision of these Regulations gives to a person the
power to direct, the person to whom such a power is given shall also have
the power to revoke or vary any such direction.
(2) Any person who without reasonable excuse fails to comply with any
direction given to him under any provision of these Regulations shall be
deemed for the purposes of these Regulations to have contravened that
provision.
Penalties.
105.(1) If any provision of these Regulations, SERA or EU-OPS is
contravened in relation to an aircraft, the operator of that aircraft and the
commander and, in the case of a contravention of regulation 91, the
charterer of that aircraft, shall (without prejudice to the liability of any other
person for that contravention) be deemed for the purposes of the following
provisions of this regulation to have contravened that provision unless he
proves that the contravention occurred without his consent or connivance
and that he exercised all due diligence to prevent the contravention.
(2) If it is proved that an act or omission of any person which would
otherwise have been a contravention by that person of a provision of these
Regulations the EASA Air Traffic Controller Regulation, EU-OPS or SERA
was due to any cause not avoidable by the exercise of reasonable care by
that person the act or omission shall be deemed not to be a contravention by
that person of that provision.
(3) Where a person is charged with contravening a provision of these
Regulations by reason of his having been a member of the flight crew of an
aircraft on a flight for the purpose of commercial air transport, public
transport or aerial work, the flight shall be treated (without prejudice to the
liability of any other person under these Regulations) as not having been for
that purpose if he proves that he neither knew nor suspected that the flight
was for that purpose.
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2009/008 (4) If any person contravenes any provision of these Regulations not being a provision referred to in sub-regulation (5), (6) or (7) or contravenes any
provision of EU-OPS specified in Part ZA of Schedule 5, he shall be guilty
of an offence and liable on summary conviction to a fine not exceeding level
3 on the standard scale but nothing in this sub-regulation applies to any
obligation imposed on the Director.
(5) If any person contravenes any provision specified in Part A of
Schedule 5 he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(6) If any person contravenes any provision specified in Part B of the said
Schedule he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding level 5 on the standard scale and on conviction on
indictment to a fine or imprisonment for a term not exceeding two years or
both.
(7) If any person contravenes any provision specified in Part C of the said
Schedule he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding level 5 on the standard scale and on conviction on
indictment to a fine or imprisonment for a term not exceeding five years or
both.
Extent of the Regulations.
106. The provisions of these Regulations shall apply to all aircraft within
Gibraltar and in or over BGTW.
Application of Regulations to the Crown and visiting forces, etc.
107.(1) Subject to the provisions of this regulation, these Regulations shall
apply to or in relation to aircraft belonging to or exclusively employed in the
service of Her Majesty as they apply to or in relation to other aircraft.
(2) For the purposes of such application, the authority for the time being
responsible on behalf of Her Majesty for the management of the aircraft
shall be deemed to be the operator of the aircraft and, in the case of an
aircraft belonging to Her Majesty, to be the owner of the interest of Her
Majesty in the aircraft.
(3) Nothing in this regulation shall render liable to any penalty any
authority responsible on behalf of Her Majesty for the management of any
aircraft.
(4) Save as otherwise expressly provided, the naval, military and air force
authorities and members of any visiting force and any international
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2009/008 headquarters and the members and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of these
Regulations to the same extent as if that force or headquarters formed part of
the forces of Her Majesty raised in Gibraltar and for the time being serving
there.
(5) Save as otherwise provided by sub-regulation (6), regulation 39(5),
regulation 85 and the Rules of the Air 2009, nothing in these Regulations
shall apply to or in relation to any military aircraft or installations.
(6) Where a military aircraft is flown by a civilian pilot and is not
commanded by a person who is acting in the course of his duty as a member
of any of Her Majesty’s naval, military or air forces or as a member of a
visiting force or international headquarters, the following provisions of these
Regulations shall apply on the occasion of that flight, that is to say,
regulations 32, 33, 34 and 49 and in addition the Rules of the Air 2014 (so
far as applicable) shall apply unless the aircraft is flown in compliance with
MAA01: Military Aviation Authority Regulatory Policy (Issue 4, published
on 17 December 2014 and updated on 1 April 2015) and Regulatory Articles
2000 Series Flying Regulations (as published on 11 November 2014 and
updated on 21 April 2015) published by the Military Aviation Authority on
behalf of the Secretary of State, both as amended from time to time.
Exemption from Regulations.
108. The Director may exempt from any of the provisions of these
Regulations (other than regulations 47, 91, 92 or 93) any aircraft or persons
or classes of aircraft or persons, either absolutely or subject to such
conditions as it thinks fit.
Appeal to the Supreme Court.
109.(1) Subject to sub-regulation (2) an appeal shall lie to the Supreme
Court from any decision of the Director that a person is not a fit person to
hold a licence to act as
(a) an air traffic controller; or
(c) a student air traffic controller,
and if the court is satisfied that on the evidence submitted to the Director he
was wrong in so deciding, the court may reverse the Director’s decision and
the Director shall give effect to the court’s decision.
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2009/008 (2) An appeal shall not lie from a decision of the Director that a person is not qualified to have a licence rendered valid by reason of a deficiency in his
knowledge, experience, competence, skill, physical or mental fitness.
(3) The Director shall be a respondent to any appeal under this regulation.
(4) For the purposes of any provision relating to the time within which an
appeal may be brought, the Director’s decision shall be deemed to have been
taken on the date on which the Director furnished a statement of his reasons
for the decision to the applicant for the licence, or as the case may be, the
holder or former holder of the validated licence.
Dimensions of aerodrome traffic zone.
110. The dimensions of the aerodrome traffic zone for Gibraltar Airport
shall be those notified by the Government in the Gazette.
Exceptions from application of provisions of the Regulations for certain
classes of aircraft.
111. The provisions of these Regulations, other than regulations 2(1) and
(2), 33, 49(1), 50, 51, 51A, 98(1)(b) and (c), shall not apply to or in relation
to
(a) any small balloon;
(b) any kite weighing not more than 2 kg;
(c) any small unmanned aircraft; or
(d) any parachute including a parascending parachute.
Approval of persons to furnish reports.
112. In relation to any of his functions under any of the provisions of these
Regulations, the Director may approve a person as qualified to furnish
reports to him and may accept such reports.
Certificates, authorisations, approvals and permissions.
113. Wherever in these Regulations there is provision for the issue or grant
of a certificate, authorisation, approval or permission by the Director, unless
otherwise provided, such a certificate, authorisation, approval or
permission
(a) shall be in writing;
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2009/008 (b) may be issued or granted subject to such conditions as the
Director thinks fit; and
(c) may be issued or granted, subject to regulation 46, for such
periods as the Director thinks fit.
Competent authority.
114.(1) The Director is the national supervisory authority and the competent
authority for Gibraltar for the purposes of Article 4 and Article 27 of the
EASA Air Traffic Controller Regulation.
(1A) The Director is the competent authority for Gibraltar for the purpose
of the Standardised European Rules of the Air Regulation, the EASA
Aerodromes Regulation and Subpart RAMP of Part-ARO of Annex II to
Commission Regulation (EU) No 965/2012 and for the purposes of the
Occurrence Reporting Regulation.
(2) The Minister shall be the competent authority under Article 15 of
Council Directive 96/29/Euratom of 13th May 1996 for the purposes of
Article 42 of the Directive.
Functions to be exercised by the Director for the purposes of the
Occurrence Reporting Regulation.
114A.(1) The functions specified by articles 4(3), 5(2), 7(3), 8(2), 9, 13(6),
13(7), 13(8), 13(10), 13(11) 15(1), 15(2) and 16(3) of the Occurrence
Reporting Regulation are to be exercised by the Director.
(2) Where the Minister exercises the right to apply articles 3(2), 5(6) and
5(7) of the Occurrence Reporting Regulation in Gibraltar, such functions are
to be exercised by the Director.
Saving.
115.(1) Subject to regulation 84, nothing in these Regulations shall confer
any right to land in any place as against the owner of the land or other
persons interested therein.
(2) Nothing in these Regulations shall oblige the Director to accept an
application from the holder of any current certificate, licence, approval,
permission, exemption or other document, being an application for the
renewal of that document, or for the granting of another document in
continuation of or in substitution for the current document, if the application
is made more than 60 days before the current document is due to expire.
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2009/008 SCHEDULE 1
Regulation 2(6)
CLASSIFICATION OF AIRCRAFT
Classification of aircraft
Column 1 Column 2 Column 3 Column 4
Free balloon
Non-power
driven
Captive
Balloon
Lighter
than air
aircraft
Power-driven Airship
Glider
Non-power-
driven
Aircraft Kite
Aeroplane (Landplane)
Heavier
than air
aircraft
Aeroplane (Seaplane)
Power-driven
(flying
machines)
Aeroplane (Amphibian)
Aeroplane (Self-launching
motor glider)
Powered lift (Tilt rotor)
Helicopter
Rotorcraft
Gyroplane
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2009/008 SCHEDULE 2
Regulation 8(2)
RADIO COMMUNICATION AND RADIO NAVIGATION
EQUIPMENT TO BE CARRIED IN AIRCRAFT
1. Subject to paragraph 3, every aircraft shall be provided, when flying in
the circumstances specified in the first column of the Table in paragraph 2
of this Schedule, with the scales of equipment respectively indicated in the
second column of that Table; provided that, if the aircraft is flying in a
combination of such circumstances the scales of equipment shall not on that
account be required to be duplicated.
2. Table
Aircraft and Circumstances of
Flight
Scale of Equipment Required
A B C D E F G H J
(1) All aircraft (other than
gliders) within Gibraltar
(a) when flying under Instrument
Flight Rules within controlled
airspace
A E2 F
(b) when flying within controlled
airspace
A
(c) when making an approach to
landing at the Gibraltar Airport
if it were to be notified for the
purpose of this sub-paragraph
G
(1A) All aircraft (except gliders
and balloons) within Gibraltar
when flying for the purpose of
public transport
E2
(2) All aircraft within Gibraltar
(a) when flying at or above flight
level 195
A
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2009/008 Aircraft and Circumstances of Flight
Scale of Equipment Required
A B C D E F G H J
(b) when flying within airspace
notified for the purposes of this
sub-paragraph
A
(2A) All gliders flying at or
above flight level 195 except
when flying within airspace
notified as a Temporary
Reserved Area-Gliders
E2
(3) All aircraft (other than
gliders) within Gibraltar
(a) when flying at or above flight
level 245
E2 F
(b) when flying within airspace
notified for the purposes of this
sub-paragraph
E2
(c) when flying at or above flight
level 100
E2
(4) When flying under
Instrument Flight Rules within
airspace notified for the purposes
of this paragraph
(a) all aeroplanes having a
maximum take-off weight
authorised not exceeding 5,700
kg and a maximum cruising true
airspeed capability not exceeding
250 knots
E2
(b) all rotorcraft
E2
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2009/008 Aircraft and Circumstances of Flight
Scale of Equipment Required
A B C D E F G H J
(c) all aeroplanes having either a
maximum take-off weight
authorised of more than 5,700 kg
or a maximum cruising true
airspeed capability of more than
250 knots
E3
(4A) All aircraft required to
carry Scale E2 or E3
EE
(5) All aeroplanes wherever
registered when flying in
Gibraltar, powered by one or
more turbine jets or turbine
propeller engines and either
having a maximum take-off
weight exceeding 15,000 kg or
with a maximum approved
passenger seating configuration
of more than 30
J
(6) All aeroplanes powered by
one or more turbine jets or
turbine propeller engines and
either having a maximum take-
off weight exceeding 5,700 kg or
a maximum approved passenger
seating configuration of more
than 19; and flying in Gibraltar
J
3.(1) In the case of sub-paragraphs (1), (1A), (2), (2A), (3), and (4) of
paragraph 2, the specified equipment need not be carried if the appropriate
air traffic control unit otherwise permits in relation to the particular flight
and the aircraft complies with any instructions which the air traffic control
unit may give in the particular case.
(2) An aircraft which is not a public transport aircraft and which is flying
in Class D or Class E airspace shall not be required to be provided with
distance measuring equipment in accordance with paragraph (b) of Scale F
when flying in the circumstances specified in sub-paragraph (1)(a) of
paragraph 2.
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2009/008 4. The scales of radio communication and radio navigation equipment indicated in the foregoing Table shall be as follows
Scale A.
Radio communication equipment capable of maintaining direct two-way
communication with the appropriate aeronautical radio units on the intended
route using the frequencies notified or otherwise designated by the
competent authority for that purpose.
Scale E1.
Secondary surveillance radar equipment which includes a pressure altitude
reporting transponder capable of operating in Mode A and Mode C and is
capable of being operated in accordance with such instructions as may be
given to the aircraft by the air traffic control unit.
Scale E2.
Secondary surveillance radar equipment which includes a pressure altitude
reporting transponder capable of operating in Mode A and Mode C and has
the capability and functionality prescribed for Mode S Elementary
Surveillance and is capable of being operated in accordance with such
instructions as may be given to the aircraft by the air traffic control unit.
Scale E3.
Secondary surveillance radar equipment which includes a pressure altitude
reporting transponder capable of operating in Mode A and Mode C and has
the capability and functionality prescribed for Mode S Enhanced
Surveillance and is capable of being operated in accordance with such
instructions as may be given to the aircraft by the air traffic control unit.
Scale EE.
The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of
Volume IV (Third Edition July 2002) of Annex 10 to the Chicago
Convention, comply with the requirements for antenna diversity set out in
that paragraph.
Scale F.
Radio communication and radio navigation equipment capable of enabling
the aircraft to be navigated along the intended route including
(a) automatic direction finding equipment;
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2009/008 (b) distance measuring equipment; and
(c) VHF omni-range equipment.
Scale G.
Radio navigation equipment capable of enabling the aircraft to make an
approach to landing using the Instrument Landing System.
Scale J.
An airborne collision avoidance system.
5. In this Schedule
(1) “Airborne collision avoidance system” means an aeroplane system
which conforms to requirements prescribed for the purpose; is
based on secondary surveillance radar transponder signals; operates
independently of ground based equipment and which is designed to
provide advice and appropriate avoidance manoeuvres to the pilot
in relation to other aeroplanes which are equipped with secondary
surveillance radar and are in undue proximity;
(2) “Automatic direction finding equipment” means radio navigation
equipment which automatically indicates the bearing of any radio
station transmitting the signals received by such equipment;
(3) “Distance measuring equipment” means radio equipment capable
of providing a continuous indication of the aircraft’s distance from
the appropriate aeronautical radio stations;
(4) “Mode A” means replying to an interrogation from secondary
surveillance radar units on the surface to elicit transponder replies
for identity and surveillance with identity provided in the form of a
4 digit identity code;
(5) “Mode C” means replying to an interrogation from secondary
surveillance radar units on the surface to elicit transponder replies
for automatic pressure-altitude transmission and surveillance;
(6) “Secondary surveillance radar equipment” means such type of radio
equipment as may be notified as being capable of
(a) replying to an interrogation from secondary surveillance radar
units on the surface; and
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2009/008 (b) being operated in accordance with such instructions as may be
given to the aircraft by the appropriate air traffic control unit;
(7) “VHF omni-range equipment” means radio navigation equipment
capable of giving visual indications of bearings of the aircraft by
means of signals received from very high frequency omni-
directional radio ranges.
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2009/008 SCHEDULE 3
Omitted.
SCHEDULE 4
Regulation 81
AIR TRAFFIC SERVICE EQUIPMENT—RECORDS REQUIRED
AND MATTERS TO WHICH THE DEPARTMENT MAY HAVE
REGARD
PART A
Records to be kept in accordance with regulation 81(1)
(1) A record of any functional tests, flight checks and particulars of any
maintenance, repair, overhaul, replacement or modification.
(2) Subject to paragraph (3), the record shall be kept in a legible or a non-
legible form so long as the record is capable of being reproduced by the
person required to keep the record in a legible form and it shall be so
reproduced by that person if requested by an authorised person.
(3) In any particular case the Department may direct that the record is kept
or be capable of being reproduced in such a form as it may specify.
PART B
Records required in accordance with regulation 81(4)(c)
Each record made by the apparatus provided in compliance with regulation
81(2) or (3) shall be adequately identified and in particular shall include
(a) the identification of the aeronautical radio station;
(b) the date or dates on which the record was made;
(c) a means of determining the time at which each message or
signal was transmitted or received;
(d) the identity of the aircraft to or from which and the radio
frequency on which the message or signal was transmitted or
received; and
(e) the time at which the record started and finished.
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2009/008 PART C Matters to which the Department may have regard in granting an
approval of apparatus in accordance with regulation 81(5)
(1) The purpose for which the apparatus is to be used.
(2) The manner in which the apparatus has been specified and produced in
relation to the purpose for which it is to be used.
(3) The adequacy, in relation to the purpose for which the apparatus is to
be used, of the operating parameters of the apparatus (if any).
(4) The manner in which the apparatus has been or will be operated,
installed, modified, maintained, repaired and overhauled.
(5) The manner in which the apparatus has been or will be inspected.
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2009/008 SCHEDULE 5
Regulation 105
PENALTIES
PART ZA Section 1
Provisions referred to in regulation 105(4)
Provision of EU- Subject matter
OPS
1.037 Accident prevention and flight safety
programme
1.110 Use of portable electronic devices
1.125 Documents to be carried
1.130 Manuals to be carried
1.135(a) Additional information and forms to
be carried
1.140 Information to be retained on the
ground
1.150 Production of documentation and
records
1.155 Preservation of documentation
1.65(b) & (c) Leasing requirements
1.205 Competence of operations personnel
1.220 Authorisation of aerodromes by
operator
1.230 Use of instrument departure and
approach procedures
1.295 Selection of aerodromes
1.300 Submission of ATS flight plan
1.335 Smoking on board
1.340 Meteorological conditions
1.345(b) Commander not to take off unless
external surfaces are clear
1.350 Fuel and oil supply
1.355 Take-off conditions
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2009/008 1.360 Commander to be satisfied as to take off minima
1.385 Use of supplemental oxygen
1.400 Approach and landing conditions
1.405(a), (d) & (e) Commencement and continuation of
approach
1.415 Requirement for journey log
1.420(b), (c) & (d) Occurrence reporting
1.440 Low visibility operations – general
operating rules
1.445 Low visibility operations – aerodrome
considerations
1.455 Low visibility operations –training and
qualifications
1.460 Low visibility operations – minimum
operating equipment
1.465 VFR operating minima
1.615 Mass values for crew
1.620 Mass values for passengers and
baggage
1.985 Training records for flight crew
1.1035 Training records for cabin crew
1.1105 Maximum daily flight duty period
1.1110 Rest requirements
1.1135 Flight duty, duty and rest periods
Section 2
Provision of the EASA
Aerodromes Regulation
Subject Matter
ADR.OR.B.035b Failure to return certificate after
revocation or surrender
ADR.OR. B.060(a) Failure to notify competent
authority about intention to transfer
the operation of the aerodrome
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2009/008 ADR.OR.D.035 Failure to establish an adequate system of record keeping or to keep
records”
PART A
Provisions referred to in regulation 105(5)
Section 1
Regulation Subject Matter
3 Aircraft flying unregistered.
4 Aircraft flying with false or incorrect markings.
4A Compliance with operational directives.
6A Requirement for a certificate of release to service for EASA
aircraft.
7 Flight without required equipment.
8 Flight without required radio communication or radio
navigation equipment.
10 Crew requirement.
12 Instruction in flying without appropriate licence and rating.
14 Prohibition on commercial air transport and public transport at
night etc.
15 Aerodrome operating minima - aerial work and private aircraft.
16 Aerodrome operating minima – non-public transport aircraft.
17 Requirement for pilot to remain at controls.
18 Pre-flight action by commander of aircraft.
18A Commander to be satisfied that flight can be safely completed.
19 Requirement for passenger briefing.
20 Requirement for radio station in aircraft to be licensed and for
operation of the same.
21 Requirement for height keeping performance equipment.
22 Requirement for area navigation equipment etc.
23 Requirement for an airborne collision avoidance system.
25 Towing of gliders.
27 Towing, picking up and raising of persons and articles by
aircraft.
28 Dropping of articles and animals from aircraft.
29 Dropping of persons and requirement for parachuting
permission.
31 Carriage of persons in or on any part of an aircraft not
designed for that purpose.
35 Prohibition of smoking in aircraft.
36 Requirement to obey lawful commands of aircraft commander.
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2009/008 37 (a) and (b)
Acting in a disruptive manner.
38 Prohibition of stowaways.
39 Flying displays.
49 Flight in contravention of restriction of flying regulations.
50 Flight by balloons etc.
51 Small unmanned aircraft.
51A Small unmanned surveillance aircraft.
52 Launching of rockets.
52A(1)(a) Requirement to comply with provisions of SERA
54 Requirement as to competence of air traffic controllers.
56 Provision of air traffic services.
57 Requirement to comply with an air traffic direction.
58 Requirement to comply with an airspace policy direction.
59 Use of radio call signs at the Gibraltar Airport.
60 Requirement for licensing of air traffic controllers.
80 Use of air traffic service equipment.
81 Requirement to keep air traffic service equipment records.
82 Requirement for use of licensed the Gibraltar Airport.
86 Use of aeronautical lights.
87 Requirement to light en-route obstacles.
88 Requirement to light offshore wind turbine generators.
89(1) Prohibition of dangerous lights.
89(2) Failure to extinguish or screen dangerous lights.
90(1) and
(3)
Management of aviation fuel at the Gibraltar Airport.
95 Operator's obligation to make data available.
103 Obstruction of persons performing duties under the
Regulations.
Section 2
Provision of EU-OPS Subject matter
1.030 Operator to establish and operate in
accordance with minimum equipment list
1.070 Carriage of sporting weapons and
ammunition
1.075 Carriage of persons in part of aeroplane not
designed for that purpose
1.085(f) 7, 8, 10 & 12 Responsibilities of commander
1.160 Preservation, production and use of flight
recorder recordings
1.240 Operator’s responsibilities in relation to
routes and areas of operations
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2009/008 1.241 Operation in airspace with reduced vertical separation minima
1.243 Operation in areas with specific navigation
performance requirements
1.245 Operation at distance from nearest
aerodrome of two engine aeroplane without
ETOPS approval
1.246 Requirement for ETOPS approval
1.285 Requirement for passenger briefing
1.290(b) Flight preparation by commander
1.310(a) 1 & 2 Flight crew to remain at station
1.320 Crew and passengers to be recorded
1.398 Use of airborne collision avoidance system
1.430 Aerodrome operating minima
1.470 Performance requirements
1.605 Requirements for loading, mass and balance
and centre of gravity
1.625 Mass and balance documentation
1.630(a) Instruments and equipment required for
flight
1.845(a) Communication and navigation equipment
required for flight
1.875 Aeroplane maintenance requirements
1.940 Composition of flight crew
1.943 Crew resource management training
1.945 Conversion training and checking
1.950 Differences and familiarisation training
1.960 Commanders holding a Commercial Pilot
Licence – operator’s obligations
1.990 Number and composition of flight crew
1.1040 Operations manual requirements
1.1100 Flight and duty limitations
1.1195 Requirements for acceptance of dangerous
goods
1.1200(a) Inspection for damage leakage or
contamination
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2009/008 1.1205(a) Removal of contamination 1.1205(b) Steps to be taken in the event of
contamination
1.1210 Loading restrictions
1.1215 Provision of information
1.1220 Training requirements
1.1225 Reporting of dangerous goods incidents and
accidents
Section 3
Provision of the EASA Aerodromes
Regulation
Subject Matter
ADR.OR.B.005 Operating an aerodrome without an
EASA certificate
ADR.OR.B.025(a)(1) Failure to perform and document all
required actions, inspections, tests,
safety assessments or exercises
ADR.OR.B.030 Failure to comply with the scope
and privileges of the terms of
approval as attached to the
aerodrome certificate
ADR.OR.B.040(c) Failure to obtain prior approval for a
change, failure to operate under the
conditions prescribed during such
changes
ADR.OR.B.050(b) Failure to initiate a change process
or to implement the necessary
changes following amendment of
the certificate specifications
ADR.OR.C.005 Aerodrome operator responsibilities
for the safe operation and
maintenance of the aerodrome
ADR.OR.C.015 Failure to grant access
ADR.OR.C.020 Obligation of aerodrome operator
and apron management provider to
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2009/008 identify root cause of notified non- compliance with Regulation
216/2008, define a corrective action
plan and demonstrate corrective
action implementation
ADR.OR.C.025 Failure to implement safety
measures
ADR.OR.E.005 Failure to establish and maintain an
aerodrome manual
ADR.OPS.B.055 Failure to ensure that organisations
involved in storing and dispensing
of fuel to aircraft have required
precautions
ADR.OPS.B.090 Permitting use of aerodromes by
aircraft with a higher code letter
than the aerodrome design
characteristics specified in the terms
of the approval certificate without
prior approval
Section 4
Provision of SERA Subject Matter
SERA.2005 Flight to be in accordance with the Rules of
the Air
SERA.2010(a) Pilots in command to be responsible for the
operation of the aircraft
SERA.3105 Aircraft not to be flown below minimum
heights
SERA.3110 Aircraft to be flown at cruising levels
SERA.3135 Aircraft not to be flown in formation flights
except under pre-arrangements made
between the pilots in command
SERA.3140 Unmanned free balloons to be operated so
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2009/008 as to minimise hazards
SERA.3145 Aircraft not to be flown in prohibited and
restricted areas
SERA.3201 Pilots in command to be responsible for
taking action to avoid collisions
SERA.3205 Aircraft not to be flown in such proximity
as to cause a collision hazard
SERA.3210 (excluding para
(d)(4)(i) and (ii))
Aircraft to comply with rules as to right of
way
SERA.3215 Aircraft flying at night to display lights
SERA.3220 Aircraft not to be flown in simulated
instrument flight unless fully functioning
dual controls installed and a safety pilot
carried on board
SERA.3225 Aircraft operating on or in the vicinity of an
aerodrome to observe other aerodrome
traffic and conform to the pattern of traffic
at the aerodrome
SERA.3230 Aircraft conducting water operations to
comply with rules for avoiding collisions
SERA.3301 Aircraft to comply with signals
SERA.4001 A flight plan to be submitted before
specified categories of flight
SERA.4020 An arrival report to be made to the
appropriate air traffic services unit after
landing
SERA.5005 (excluding para
(g))
Visual Flight Rules
SERA.5010. Additional conditions to be observed by
aircraft when flying under special Visual
Flight Rules in control zones
SERA.5015 Instrument Flight Rules – Rules to be
complied with by aircraft when flying under
Instrument Flight Rules
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2009/008 SERA.5020 Instrument Flight Rules – Rules to be complied with by aircraft when flying under
Instrument Flight Rules within controlled
airspace
SERA.5025 Instrument Flight Rules - Rules to be
complied with by aircraft when flying under
Instrument Flight Rules outside controlled
airspace
SERA.6005 Requirements for communications and SSR
transponder;
PART B
Provisions referred to in regulation 105(6)
Section 1
Regulation Subject Matter
5 Flight without a certificate of airworthiness.
11 Requirement to hold an appropriate flight crew licence.
20A(2) Flights over any foreign country.
20A(4) Flights over any foreign country – compliance with
directions.
30 Prohibition of carriage of weapons and munitions of war.
33 Endangering safety of persons or property.
34 Prohibition of drunkenness.
37(c) Intentional interference.
40 Protection of air crew from cosmic radiation.
42 Keeping and production of records of exposure to cosmic
radiation.
48 (except
(3))
Use of false or unauthorised documents and records.
“52A(1)(b) Requirement to comply with provisions of SERA
53 Provision of air traffic control service without approval.
60 Prohibition of unlicensed air traffic controllers and student
air traffic controllers.
69 Fatigue of air traffic controllers.
70 Acting under the influence of psychoactive substances or
medicines.
90(4) Use of aviation fuel which is unfit for use in aircraft.
91 Restriction of carriage for valuable consideration.
93 Restriction of flights for aerial photography, aerial survey
and aerial work.
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2009/008 94 Restriction of flights for aerial photography, aerial survey and aerial work.
98 Flight in contravention of direction not to fly.
98A Grounded aircraft not to fly
99 Flight by a third-country aircraft in contravention of a
direction not to fly.
Section 2
Provision of EU-OPS Subject matter
1.065 Prohibition of carriage of weapons or
munitions of war
1.085(d) 4 & 5 Crew member’s obligation not to fly in a
dangerous state of fatigue
1.390(a) 1 to 4 Protection of crew from cosmic radiation
1.1090 paragraphs 1 to 3 Operator’s obligation, for flight and duty time
limitations and rest scheme
1.1090 paragraph 4.1 Crew member not to operate when fatigued or
unfit
1.1145 Operator to comply with Technical
Instructions
1.1155(a) Operator to hold approval to transport
dangerous goods
1.1165 Operator not to carry dangerous goods
forbidden for transport by air
Section 3
Provision of EASA Air
Traffic Controller
Regulation Subject matter
Article 13(1) Language endorsements
Article 17(1) Reduced medical fitness
Section 4
Provision of SERA Subject Matter
SERA.2020 Problematic Use of Psychoactive Substances
SERA.3101 Negligent or Reckless Operation of Aircraft
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2009/008 SERA 11015(b) Interception
PART C
Provisions referred to in regulation 105(7)
Section 1
Regulation Subject Matter
32 Endangering safety of aircraft.
89A Lights which dazzle or distract.
Section 2
Provision in EASA Aerodromes
Regulation
Subject Matter
ADR.OR.C.030 Failure to report any accident,
serious incident or occurrence or to
report in the form and manner
required or within the required time
limit.
Section 5
Provision of Occurrence Reporting
Regulation
Subject Matter
4
Requirement to report occurrences
