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Act No. 3909 CHAPTER IV.—Air traffic rules

Section 8–14 · 7 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Section 8

SEC. 8. All aircraft whether licensed or unlicensed must display license or identification mark issued by the Department of Commerce and Communications. This applies to ail flights whether for hire or pleasure, test purposes, experimental purposes and whether the aircraft is licensed or unlicensed.

Flying rules.

Section 9

SEC. 9. Flying rules.—The following rules pertaining to air traffic shall be conformed to at all times by aircraft operating in the Philippine Islands: Right-side traffic.—Aircraft flying in established civil airways, when it is safe and practicable, shall keep to the right side of each airway. Giving-way order.—Aircraft shall give way to each other in the following order— Airplanes. Airships. Balloons, fixed or free. An airship not under control is classed as a free balloon. Aircraft required to give way shall keep a safe distance, having regard to the circumstances of the case. Three hundred feet will be considered a minimum safe distance. Giving-way duties.—If the circumstances permit, the craft which is required to give way shall avoid crossing ahead of the other. The other craft may maintain its course and speed, but no engine-driven craft may pursue its course if it would come within three hundred feet of another craft, three hundred feet being the minimum distance within which aircraft other than military aircraft of the United States engaged in military maneuvers and commercial aircraft engaged in local industrial operations may come within proximity of each other in flight. Crossing.—When two engine-driven aircraft are on crossing courses the aircraft which has the other on its right shall keep out of the way. Approaching.—When two engine-driven aircraft are approaching head-on, or approximately so, and there is risk of collision, each shall alter its course to the right, so that each may pass on the left side of the other. This rule does not apply to cases where aircraft will, if each keeps on its respective course, pass more than three hundred feet from each other. Overtaking.— (1) Definition. An overtaking aircraft is one approaching another directly from behind or within seventy degrees of that position, and no subsequent alteration of the bearing between the two shall make the overtaking aircraft a crossing aircraft within the meaning of these rules or relieve it of the duty of keeping clear of the overtaken craft until it is finally past and clear. (2) Presumption. In case of doubt as to whether it is forward or abaft such position, it should assume that it is an overtaking aircraft and keep out of the way. (3) Altering course. The overtaking aircraft shall keep out of the way of the overtaken aircraft by altering its own course to the right and not in the vertical plane. Height over congested and other areas.—Exclusive of taking off from or landing on an established landing field, airport, or on property designated for that purpose by the owner, and except as otherwise permitted by section seven, aircraft shall not be flown: Over the congested parts of cities, towns, or settlements, except at a height sufficient to permit of a reasonably safe emergency landing, which in no case shall be less than one thousand feet. Elsewhere at a height less than five hundred feet, except where indispensable to an industrial flying operation. Over certified high explosive danger areas except at a height sufficient to permit a reasonably safe emergency landing outside of the certified danger area, which in no case shall be less than one thousand feet. Height over assembly of persons.—No flight under one thousand feet in height shall be made over any open-air assembly of persons except with the consent of the Secretary of Commerce and Communications. Such consent will be granted only for limited operations. Acrobatic flying.—(1) Acrobatic flying means intentional maneuvers not necessary to air navigation. (2) No person shall acrobatically fly an aircraft— Over a congested area of any city, town or settlement. Over any open-air assembly of persons or below two hundred feet in height over any established civil airway, or within one thousand feet horizontally thereof. Any acrobatic maneuvers performed over any other place shall be concluded at a height greater than one thousand five hundred feet. No person shall acrobatically fly any airplane carrying passengers for hire. When performing acrobatic not prohibited by these regulations each person in the aircraft must be properly equipped with a parachute of a type and design which has been tested and approved by a competent agency of the United States Government or of the Government of the Philippine Islands. Dropping objects or things.—When an aircraft is in flight the pilot shall not drop or release, or permit any person to drop or release, any object or thing except by permission of the Secretary of Commerce and Communications or when necessary to the personal safety of the pilot, passengers, or crew. Seaplane on water.—Seaplanes on the water shall maneuver according to the laws and regulations of the United States governing the navigation of water craft, except as otherwise provided herein. Transporting explosives.—The transporting of explosives other than that necessary for signaling or for fuel for such aircraft while in flight or materials for industrial and agricultural spraying (dusting) is prohibited, except upon special authority obtained from the Secretary of Commerce and Communications. No person shall navigate aircraft while under the influence of, using, or having personal possession of intoxicating liquor, cocaine, or other habit-forming drugs. The towing of aircraft by another aircraft is prohibited except by special permission of the Secretary of Commerce and Communications. Parachute jumpers making exhibition, test, training, or demonstration jumps are required to wear an auxiliary parachute so arranged that it can be operated should the first parachute fail to function or become fouled. The regulations heretofore issued prohibiting the flights, except under certain conditions, over the Islands of Corregidor and other fortified areas will remain in full force notwithstanding these regulations.

Take-off and landing rules: Method.

Section 10

SEC. 10. Take-off and landing rules: Method.—Take-offs and landings shall be made upwind when practicable. The take-off shall not be commenced until there is no risk of collision with landing aircraft. Aircraft when taking off or landing shall observe the traffic lanes indicated by the field rules or signals. No take-off or landing shall be made from or on a public street or highway without the prior consent of the local governing authority and the approval of the Secretary of Commerce and Communications. Course.—If practicable, when within one thousand feet horizontally of the leeward side of the landing field the airplane shall maintain a direct course toward the landing zone. Right over ground planes.—A landing plane has the right of way over planes moving on the ground or taking off, but this shall not excuse the pilots of either or both such aircraft from the exercise of due care and diligence. Giving way.—When landing and maneuvering in preparation to land, the airplane at the greater height shall be responsible for avoiding the airplane at the lower height and shall, as regards landing, observe the rules governing overtaking aircraft. Distress landing.—An aircraft in distress shall be given free way in attempting to land.

Lights: Angular limits.

Section 11

SEC. 11. Lights: Angular limits.—The angular limits laid down in these rules will be determined as when the aircraft is in normal flying position. Airplane lights.—Between sunset and sunrise airplanes in flight must show the following lights— On the right side, a green light so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is one hundred and ten degrees when measured to the right from dead ahead, and visible at a distance of at least two miles. On the left side, a red light so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is one hundred and ten degrees when measured to the left from dead ahead, and visible at a distance of at least two miles. At the rear and as far aft as possible, a white light shining rearward, visible in a dihedral angle of one hundred and forty degrees bisected by a vertical plane through the line of flight and visible at least three miles. Licensed aircraft, when engaged in carrying passengers for hire any time between sunset and sunrise, shall be equipped with electric landing lights and parachute type of flares, or approved equivalent, in addition to the navigation lights required. Airship lights.—Between sunset and sunrise airships shall carry and display the same lights that are prescribed for airplanes, excepting the side lights which shall be doubled horizontally in a fore-and-aft position and the rear light shall be doubled vertically. Lights in a pair shall be at least seven feet apart. Balloon lights.—A free balloon, between sunset and sunrise, shall display one white light not less than twenty feet below the car, visible for at least two miles. A fixed balloon, or airship, shall carry three lights—red, white, and green—in a vertical line, one over the other, visible at least two miles. The top red light shall be not less than twenty feet below the car, and the lights shall be not less than seven nor more than ten feet apart. Lights when stationary.—(1) Between sunset and sunrise all aircraft which are on the surface of the water and not under control, or which are moored or anchored in navigation lanes, shall show a white light visible for at least two miles in all directions. (2) Balloon and airship mooring cables between sunset and sunrise shall show groups of three red lights at intervals of at least every ten feet, measured from the basket, the first light in the first group to be approximately twenty feet from the lower red balloon light. The object to which the balloon is moored on the ground shall have a similar group of lights to mark its position.

Day marks of masts, etc.

Section 12

SEC. 12. Day marks of masts, etc.—By day, balloon and airship mooring cables shall be marked with conical streamers not less than twenty inches in diameter and seven feet long colored with solid color of chrome yellow. The object to which the balloon or airship is moored on the ground shall have the same kind of streamers, which must be in the same position as the lights specified herein.

Signals: Distress.

Section 13

SEC. 13. Signals: Distress.—The following signals, separately or together, shall where practicable, be used in case of distress: The international signal, S.O.S. by radio. The international code flag signal of distress, RC. A square flag having either above or below it a ball or anything resembling a ball. Signal when compelled to land.—When an aircraft is forced to land at night at a lighted airport it shall signal its forced landing by making a series of short flashes with its navigation lights if practicable to do so. Fog signals.—In fog, mist, or heavy weather, an aircraft on the water in navigation lanes, when its engines are not running, shall signal its presence by a sound device emitting a signal for about five seconds in two-minute intervals.

Deviation from air traffic rules.

Section 14

SEC. 14. Deviation from air traffic rules.—The air traffic rules may be deviated from when special circumstances, render a departure necessary to avoid immediate danger or when such departure is required because of stress of weather conditions, or other unavoidable causes: Provided, however, That aircraft carrying passengers for hire shall not deviate from the air traffic rules pertaining to minimum altitudes of flight because of stress of weather conditions.

Back to Act No. 3909 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).