The Air Navigation (Isle of Man) Order 2015

• Citation: S.I. 2015/870
• Sections: 269

Section 1 Citation and commencement

This Order may be cited as the Air Navigation (Isle of Man) Order 2015 and comes into force on 1st May 2015.

Section 2 Revocation

The following Orders are revoked—

(a) the Air Navigation (Isle of Man) Order 2007 ;

(b) the Air Navigation (Isle of Man) (Amendment) Order 2008 .

Section 3 Aircraft to be registered

(1) Subject to paragraphs (2) and (3), an aircraft must not fly in or over the Isle of Man unless it is registered in—

(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 that makes provision for the flight over the Isle of Man of aircraft registered in that country.

(2) A glider may fly unregistered, and will be taken to be registered in the Isle of Man for the purposes of articles 32, 34 and 39 on a flight that—

(a) begins and ends in the Isle of Man without passing over any other country; and

(b) is not for the purpose of commercial air transport or aerial work.

(3) Paragraph (1) does not apply to a kite or captive balloon.

(4) If an aircraft flies in or over the Isle of Man in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Isle of Man an offence in respect of a contravention of a provision specified in Schedule 11 would have been committed, that same offence is to be taken to have been committed in respect of that aircraft.

Section 4 Department to register aircraft in the Isle of Man

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Section 5 Who may register aircraft in the Isle of Man

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Section 6 Application for registration

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Section 7 Changes to the register

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Section 8 Aircraft that are entered in the Register of Aircraft Mortgages

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Section 9 General provisions concerning registration

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Section 10 Nationality and registration marks

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Section 11 Prohibition of use for commercial air transport or aerial work

Except in the case of a transfer of functions under Article 83 of the Chicago Convention, an aircraft registered in the Isle of Man prior to the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 (SD 2022/0073) must not fly on a flight for the purpose of commercial air transport or aerial work.

Section 12 Offering commercial air transport flights

A person must not hold anyone out (whether the person who is being held out is the same person as the one who is holding out or is another person) as being one who may offer flights in an aircraft registered in the Isle of Man for the purpose of commercial air transport.

Section 13 Operational directives

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Section 14 Passenger and cargo manifest

(1) This article applies to an aircraft registered in the Isle of Man for which a certificate of airworthiness is in force and that is used for international air navigation.

(2) The commander of an aircraft to which this article applies must ensure that the following manifests are completed and carried on board-

(a) if passengers are carried, a passenger manifest containing the passengers’ names, and their places of embarkation and disembarkation; and

(b) if cargo is carried, a cargo manifest containing detailed declarations of the cargo.

(3) A copy of each of these documents, where prepared, must be left at the aerodrome of departure.

Section 15 Certificate of airworthiness to be in force

(1) Subject to paragraph (2), an aircraft must not fly unless –

(a) there is in force for the aircraft a certificate of airworthiness issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; and

(b) any conditions subject to which the certificate was issued or rendered valid are complied with.

(2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the Isle of Man without passing over any other country, of —

(a) a glider flying on a private flight or an aerial work flight that consists of the giving of instruction or testing in a club environment;

(b) a balloon flying on a private flight;

(c) a kite;

(d) an aircraft flying in accordance with the conditions set out in Schedule 1;

(e) an aircraft flying in accordance with a national permit to fly;

(f) an aircraft flying in accordance with a certificate of validation issued by the Department under article 21; or

(g) a single-seat deregulated aeroplane which is flying on a private flight.

(3) An aircraft registered in the Isle of Man with a certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the Department.

Section 16 Issue and renewal of certificates of airworthiness

(1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—

(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted in the aircraft), and of any equipment carried in the aircraft that it considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials and such other tests of the aircraft as it may require.

(2) If the Department has issued a certificate of airworthiness for an aircraft that, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that the other aircraft conforms to such prototype or modification.

(3) A certificate of airworthiness must —

(a) specify the category “Private”; and

(b) be issued subject to the condition that the aircraft may not be flown except for the purposes (which may not include commercial air transport or aerial work) specified in the certificate.

(4) The Department may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.

(5) The Department may issue a certificate of validation.

(6) Nothing in this Order obliges the Department to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or renewal of such a certificate if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of case.

(7) In this article, a certificate of validation means a certificate rendering valid for the purposes of this Order a certificate of airworthiness issued for an aircraft registered elsewhere than in the Isle of Man under the law of a country other than the Isle of Man.

Section 17 Certificate of airworthiness ceasing to be in force and issue of airworthiness directives

(1) Subject to paragraph (3), a certificate of airworthiness or a certificate of validation issued for an aircraft registered in the Isle of Man ceases to be in force if—

(a) the aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified or maintained;

(b) maintenance or an inspection of the aircraft or of equipment necessary for its airworthiness is required by a maintenance programme approved by the Department for the aircraft under article 22;

(c) maintenance of the aircraft or of equipment necessary for its airworthiness has been made mandatory by a directive issued by the Department;

(d) an inspection for the purpose of ascertaining whether the aircraft remains airworthy has been made mandatory by a directive issued by the Department; or

(e) any modification of the aircraft or of any equipment is necessary for its airworthiness has been made mandatory by a directive issued by the Department for the purpose of ensuring that the aircraft remains airworthy.

(2) A certificate of airworthiness or a certificate of validation that has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order relating to the overhaul, repair, replacement, modification, maintenance or inspection.

(3) A certificate of airworthiness that would not be in force by reason of paragraph (1) remains in force if the aircraft is flying in the circumstances specified in article 24(3) or 25.

(4) In this article, a certificate of validation has the same meaning as in article 16(7).

Section 18 Issue of national permits to fly

(1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a national permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(2) The Department must refuse to issue a national permit to fly for an aircraft registered in the Isle of Man if it appears to the Department that the aircraft is eligible for, and ought to fly under and in accordance with, a certificate of airworthiness.

(3) The Department may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

(4) Nothing in this Order requires the Department to accept an application for the issue, variation or renewal of a national permit to fly if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of cases.

Section 19 National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

(1) A national permit to fly ceases to be in force if—

(a) the Department has issued a directive that requires—

(i) an inspection to be carried out for the purpose of ascertaining whether the aircraft remains airworthy; or

(ii) modification or maintenance of the aircraft or any of its equipment necessary for its airworthiness for the purpose of ensuring that the aircraft remains airworthy; or

(b) completion of an inspection, modification or maintenance of the aircraft is required as a condition of the permit to fly.

(2) A national permit to fly that has ceased to be in force under paragraph (1) comes into force again as soon as—

(a) any such inspection, modification or maintenance has been satisfactorily completed; and

(b) in the case of an inspection, any consequential repair, replacement or modification has been satisfactorily carried out.

(3) A national permit to fly ceases to be in force—

(a) if any condition (other than a condition of the permit requiring an inspection, modification or maintenance) is not complied with;

(b) if the aircraft, engines or propellers, or such of its equipment as is necessary for its airworthiness are modified or repaired, unless the repair or modification has been approved by the Department or by a person approved by the Department for that purpose.

(4) A national permit to fly is not in force unless the permit includes a current certificate of validity issued by the Department or by a person approved by the Department for that purpose.

(5) In this article a certificate of validity means a certificate that certifies that a national permit to fly remains valid for the period specified in the certificate and a certificate of validity is current during that period.

Section 20 Limitations of national permits to fly

(1) Subject to paragraph (3), an aircraft flying in accordance with a national permit to fly must not fly for the purpose of—

(a) commercial air transport; or

(b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(2) A person may not be carried during flights for flying displays or demonstration flying (except for the minimum required flight crew), unless the prior permission of the Department has been obtained.

(3) An aircraft flying in accordance with a national permit to fly may fly for aerial work that consists of instruction or testing in a club environment if it does so with the permission of the Department.

(4) A placard must be affixed to an aircraft flying in accordance with a national permit to fly in full view of the occupants that must be worded as follows—

(5) An aircraft flying in accordance with a national permit to fly may only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Department has been obtained.

(6) In paragraph (5) “day” means the time from half an hour before sunrise until half an hour after sunset, with sunset and sunrise being determined at surface level.

Section 21 Issue and validity of certificates of validation of permits to fly or equivalent documents

(1) In this article, a certificate of validation means a certificate authorising an aircraft registered elsewhere than in the Isle of Man to fly in or over the Isle of Man.

(2) The Department must issue a certificate of validation if it is satisfied that the aircraft has a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered and the authority applies standards that are substantially equivalent to those required for the issue of a permit to fly by the Department.

(3) An aircraft flying in accordance with a certificate of validation must not fly for the purpose of —

(a) commercial air transport; or

(b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(4) The Department may issue a certificate of validation subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

Section 22 Requirement for an approved maintenance programme

(1) An aircraft registered in the Isle of Man for which a certificate of airworthiness is in force must not fly unless the aircraft (including its engines), together with its equipment and radio station, is maintained in accordance with a maintenance programme approved by the Department for that aircraft.

(2) The design and application of the maintenance programme must observe Human Factors principles as specified in any guidance material published by the Department.

(3) The operator of an aircraft registered in the Isle of Man and which has a maximum total mass authorised in excess of 5,700 kg must ensure that the information resulting from the maintenance and operational experience with respect to its continuing airworthiness is transmitted to the organisation responsible for the type design of the aircraft.

Section 23 Technical log

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Section 24 Requirement for a certificate of release to service for aircraft

(1) This article applies to an aircraft registered in the Isle of Man that has a certificate of airworthiness.

(2) Subject to paragraph (3) and article 25, if an aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 17(1)(b) or (d), it must not be flown unless there is in force for it a certificate of release to service issued under and in accordance with this Order.

(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or

(b) for such a certificate to be issued while the aircraft is at that place,

it may fly to a place that satisfies each of the criteria in paragraph (5).

(4) If the aircraft flies in the circumstances referred to in paragraph (3), the commander of the aircraft must cause written information about the flight, and the reasons for making it, to be given to the Department within 10 days.

(5) A place satisfies the criteria in this paragraph if it is—

(a) the nearest place at which a certificate of release to service under this Order can be issued;

(b) a place to which the aircraft can, in the reasonable opinion of the commander, safely fly by a route for which it is properly equipped; and

(c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

(6) Subject to paragraph (8), equipment provided in compliance with Schedule 3 (except equipment specified in paragraph 4 of the Schedule) must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected.

(7) Subject to paragraph (8), radio communication and radio navigation equipment provided for use in an aircraft or in a survival craft carried in an aircraft, whether or not the equipment is provided in compliance with Schedule 4 or any other provision of this Order or any applied regulations, must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected.

(8) Equipment specified in paragraphs (6) and (7) may be installed or placed on board for use in an aircraft if there is in force for the equipment, at the time when it is installed or placed on board, a certificate of release to service issued under this Order.

Section 25 Circumstances where a certificate of release to service is not required

(1) A certificate of release to service is not required to be in force for a private aircraft to which article 24 applies that has a maximum total mass authorised of not more than 2730 kg if it flies in the circumstances specified in paragraph (2).

(2) Those circumstances are—

(a) the only repairs or replacements for which a certificate of release to service is not in force are of such a description as may be prescribed;

(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence granted or rendered valid under this Order who is the owner or operator of the aircraft;

(c) the person carrying out the repairs or replacements keeps in the aircraft log book kept for the aircraft under article 29 a record that identifies the repairs or replacements and signs and dates the entries; and

(d) any equipment or parts used in carrying out the repairs or replacements are of a type approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft.

Section 26 Contents of a certificate of release to service

(1) If an aircraft or a part of the aircraft or its equipment has been overhauled, repaired, replaced, modified or maintained, a certificate of release to service issued under this Order must—

(a) identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates;

(b) include detailed information about the work done;

(c) certify that the specified work has been completed with material of a type approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft;

(d) in the case of an overhaul, removal or replacement, certify that the specified work conforms with the continuing airworthiness instructions issued by the relevant type certificate holder; and

(e) certify that—

(i) the specified work has been completed in a manner approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft; or

(ii) in the case of a repair or modification that has been classified as minor by a person authorised to do so by the Department and approved by that person, it has been completed in accordance with the approval.

(2) A certificate of release to service issued under this Order in relation to an inspection required in accordance with article 17(1)(b) or (d) must certify that the aircraft or the part of it or its equipment that has been required to be inspected—

(a) has been inspected in accordance with the requirements; and

(b) that any consequential repair, replacement or modification has been satisfactorily carried out.

(3) In this article, a “minor repair or modification” means one that has no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics, noise, fuel venting, exhaust emission or other characteristics affecting the airworthiness of the aircraft, part or equipment.

Section 27 Who may issue a certificate of release to service

A certificate of release to service issued under this Order may be issued only by a person, whether an individual or an incorporated person, who is —

(a) the holder of an aircraft maintenance engineer’s licence —

(i) granted under this Order, being a licence that entitles the holder to issue the certificate; or

(ii) granted under the law of a country other than the Isle of Man and rendered valid under this Order, being a licence that entitles the holder to issue the certificate in accordance with the privileges endorsed on the licence;

(b) approved by the Department as being competent to issue the certification and who is acting in accordance with the approval;

(c) in a particular case, authorised by the Department to issue the certificate and who is acting in accordance with the approval;

(d) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot’s Licence (Aeroplanes) or a Flight Navigator’s Licence rendered valid under this Order;

(e) approved in accordance with Part 145 and who is acting in accordance with the approval; or

(f) listed in the maintenance organisation manual of a maintenance organisation approved under Part M Subpart F as a member of the certifying staff of the organisation and who is acting in accordance with the scope of the person’s approval as stated in the manual.

Section 28 Validation of maintenance engineers’ licences etc.

(1) The Department may, subject to any conditions as it thinks fit, issue a certificate of validation of—

(a) an aircraft maintenance engineer’s licence granted in accordance with the laws and procedures of a Contracting State;

(b) an approval given in accordance with Part 145 or Part M Subpart F; or

(c) an aircraft maintenance licence granted by a State that is in conformity with Annex 1 to the Chicago Convention .

(2) Subject to paragraph (3) the holder of a licence that is valid by virtue of paragraph (1) may be either an individual or an incorporated body.

(3) If the holder is an individual, the individual must not exercise the privileges of such a licence if he or she knows or suspects that his or her physical or mental condition renders the individual unfit to exercise such privileges.

Section 29 Aircraft, engine and propeller log books

(1) In addition to any other log book required to be kept by or under this Order, the following log books must be kept for an aircraft registered in the Isle of Man —

(a) an aircraft log book;

(b) a separate log book for each engine fitted in the aircraft; and

(c) a separate log book for each variable pitch propeller fitted to the aircraft.

(2) The log books must include the information specified in Schedule 5.

(3) With the exception of an entry of the type referred to in paragraph 3(d)(ii) or 4(d)(ii) of Schedule 5 each entry in the log book —

(a) must be made as soon as practicable, but in no event more than 30 days, after the occurrence to which it relates;

(b) must be made on each occasion that any overhaul, repair, replacement, modification, maintenance or inspection is undertaken on the engine or propeller.

(4) A document that is incorporated by reference in a log book is to be taken, for the purposes of this Order, to be part of the log book.

(5) The operator of an aircraft for which log books are required to be kept must keep them or cause them to be kept in accordance with this article.

(6) Subject to article 90 a log book must be preserved by the operator of the aircraft for at least two years after the aircraft, the engine or the variable pitch propeller has been destroyed or has been permanently withdrawn from use.

Section 30 Aircraft mass schedule

(1) This article applies to a flying machine or a glider for which a certificate of airworthiness issued by the Department or rendered valid under this Order is in force.

(2) An aircraft to which this article applies must be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Department may require.

(3) When the aircraft is weighed its operator must prepare a mass schedule showing —

(a) either the basic mass, or such other mass as may be approved by the Department for that aircraft; and

(b) either the position of the centre of gravity at its basic mass or such other position of the centre of gravity as may be approved by the Department for that aircraft.

(4) Subject to article 90, the mass schedule must be preserved by the operator of the aircraft for at least six months after the next occasion on which the aircraft is weighed for the purposes of this article.

(5) In this article “basic mass” means the empty mass of the aircraft established in accordance with the type certification basis of the aircraft.

Section 31 Access and inspection for airworthiness purposes

(1) The Department may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part.

(2) A person authorised to do so by the Department may at any reasonable time inspect a part of, or material intended to be incorporated in or used in the manufacture of any part of an aircraft or its equipment or a document relating to the aircraft and may for that purpose go onto an aerodrome or enter an aircraft factory.

Section 32 Equipment of aircraft

(1) An aircraft must not be flown unless it is so equipped as to comply with the law of the country in which it is registered and as to enable lights and markings to be displayed and signals to be made all in accordance with this Order and any applied regulations.

(2) Subject to paragraph (7), an aircraft registered in the Isle of Man must (in addition to any other equipment required by this Order or any applied regulations) carry the equipment specified in paragraph 5 of Schedule 3 in the circumstances described in the second column of the Table in paragraph 4 of that Schedule.

(3) The equipment carried must—

(a) comply with the provisions of Schedule 3;

(b) except for the equipment specified in paragraph 3 of that Schedule, be of a type approved by the Department either generally or in relation to a class of aircraft or in relation to that aircraft; and

(c) be installed in a manner approved by the Department.

(4) In any particular case the Department may direct that an aircraft registered in the Isle of Man must carry such additional or special equipment or supplies as the Department may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of persons carried in the aircraft.

(5) This paragraph applies to navigational equipment capable of establishing the aircraft’s position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting on it.

(6) Navigational equipment to which paragraph (5) applies that is carried in an aircraft registered in the Isle of Man (whether or not in compliance with this Order or any regulations made under this Order) must—

(a) be of a type approved by the Department, either generally or in relation to a class of aircraft or in relation to that aircraft; and

(b) be installed in a manner approved by the Department.

(7) This article does not apply in relation to radio communication and radio navigation equipment except such equipment specified in Schedule 3.

Section 32A Survival equipment

(1) The pilot in command of an aircraft that is registered in the Isle of Man must be satisfied on reasonable grounds before take-off that the aircraft carries such additional equipment as the pilot in command reasonably considers necessary to facilitate the survival of the persons carried in the aircraft.

(2) In complying with paragraph (1) the pilot in command must have regard to the circumstances of the intended flight, including, in particular, the likelihood of ditching and the availability of search and rescue facilities.

Section 33 Carriage and use of equipment

(1) The equipment carried in compliance with article 32 must be installed or stowed and kept stowed, maintained and adjusted, so as to be readily accessible and capable of being used by the person for whose use it is intended.

(2) The position of equipment provided for emergency use must be indicated by clear markings in or on the aircraft.

(3) All equipment installed or carried in an aircraft, whether or not in compliance with article 32, must be installed or stowed and maintained and adjusted so 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.

Section 34 Radio communication and radio navigation equipment of aircraft

(1) An aircraft must not be flown unless it is equipped with radio communication and radio navigation equipment that —

(a) complies with the law of the country in which the aircraft is registered or the State of the operator; and

(b) enables communications to be made and the aircraft to be navigated, in accordance with —

(i) the provisions of this Order;

(ii) any applied regulations.

(2) Without prejudice to paragraph (1) but subject to paragraph (5), an aircraft must be equipped with radio communication and radio navigation equipment in accordance with Schedule 4.

(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man carries such additional or special radio communication or radio navigation equipment as the Department may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

(4) Subject to article 35 and to any prescribed exceptions, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the Isle of Man must always be maintained in serviceable condition.

(5) All radio communication and radio navigation equipment installed in an aircraft registered in the Isle of Man or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any applied regulations must—

(a) be of a type approved by the Department in relation to the purpose for which it is to be used; and

(b) except in the case of a glider that is permitted by article 3(2) to fly unregistered, be installed in a manner approved by the Department.

(6) Neither the radio communication and radio navigation equipment referred to in paragraph (5) nor the manner in which it is installed may be modified except with the approval of the Department.

Section 35 Minimum equipment requirements

(1) This article applies to an aircraft registered in the Isle of Man.

(2) The Department may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment that must by or under this Order be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

(3) An aircraft must not commence a private flight if any of the equipment that must by or under this Order be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless the aircraft does so under and in accordance with the terms of a permission granted under paragraph (2) to the operator.

Section 36 Required flight crew of aircraft

An aircraft must 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.

Section 37 Flight crew required by aircraft registered in the Isle of Man

(1) This article applies to an aircraft registered in the Isle of Man flying on any flight.

(2) An aircraft to which this article applies must carry a flight crew adequate in number and description to ensure the safety of the aircraft.

(3) An aircraft—

(a) that has a flight manual, must carry a flight crew of at least the number and description specified in that flight manual;

(b) that does not now have a flight manual but has done in the past, must carry a flight crew of at least the number and description specified in that flight manual.

(4) An aircraft that is required by article 34 to be equipped with radio communication equipment must carry a flight radiotelephony operator as a member of the flight crew.

Section 38 Power to direct additional crew to be carried

The Department may, in the interests of safety, direct the operator of any aircraft registered in the Isle of Man that all or any aircraft operated by him or her, when flying in circumstances specified in the direction, must carry, in addition to the crew required to be carried by this Part, such additional persons as members of the flight crew or the cabin crew as it may specify in the direction.

Section 39 Requirement for appropriate licence to act as member of flight crew of aircraft registered in Isle of Man

(1) Subject to the exceptions set out in Part 2 of Schedule 6, a person must not act as a member of the flight crew of an aircraft registered in the Isle of Man without holding an appropriate licence rendered valid under this Order.

(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

Section 40 Requirement for appropriate licence to act as member of flight crew of aircraft registered elsewhere than in the Isle of Man

A person must not act as a member of the flight crew that must by or under this Order be carried in an aircraft registered in a country other than the Isle of Man unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Department does not give a direction to the contrary.

Section 41 Permission required where licence does not meet relevant minimum standards

(1) This article applies to a licence endorsed to the effect that its holder does not satisfy in full the relevant minimum standards established under the Chicago Convention.

(2) The holder of such a licence that has been rendered valid under this Order must not act as a member of the flight crew of an aircraft registered in the Isle of Man in or over the territory of a Contracting State, except in accordance with a permission granted by the competent authority of that State.

(3) The holder of a licence that has been granted or rendered valid under the law of a Contracting State must not act as a member of the flight crew of an aircraft in or over the Isle of Man except in accordance with a permission granted by the Department, whether or not the licence is rendered valid under this Order.

Section 42 Validation of licences

(1) The Department may, subject to such conditions as it thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a flight crew licence of a category specified in Part 1 of Schedule 6 granted under the law of any country.

(2) The applicant must furnish such evidence and undergo or produce current certification in respect of such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Department may require for the purpose of a validation under this article.

(3) Subject to article 144, a certificate of validation under this article—

(a) remains in force, if a period is indicated in it, for that period and may be re-validated by the Department from time to time upon such terms and subject to the satisfaction of such requirements as it thinks fit; or

(b) if no period is indicated in the certificate, remain in force for the lifetime of the holder.

(4) The Department may by a certificate of validation under this article render valid a rating or qualification in a licence, subject to such conditions as it thinks fit, upon being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating or qualification relates, and such rating or qualification is to be taken to form part of the licence.

Section 43 Requirement for a medical certificate

(1) This article applies to a licence rendered valid under article 42, other than a United Kingdom National Private Pilot’s Licence (Aeroplanes) or a Flight Radiotelephony Operator’s Licence.

(2) The holder of a licence to which this article applies is not entitled to perform any of the functions to which the licence relates unless the licence includes a valid medical certificate.

(3) A medical certificate forms part of the licence.

Section 44 Licence holder not to act a member of flight crew when unfit

A person must not act as a member of the flight crew of an aircraft registered in the Isle of Man if the person knows or suspects that his or her physical or mental condition renders him or her temporarily or permanently unfit to perform such functions or to act in such capacity.

Section 45 Instruction in flying

(1) This article applies to instruction in flying given to a 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; or

(b) the inclusion or variation of a rating or qualification in a pilot’s licence.

(2) A person must not give any instruction in flying to which this article applies unless—

(a) he or she holds a licence, which is granted or otherwise valid by virtue of this Order, entitling the person to act as the pilot in command of the aircraft for the purpose in paragraph (1) and in the circumstances under which the instruction is to be given; and

(b) the licence includes an instructor’s rating entitling the holder to give the instruction.

Section 46 Pre-flight action by commander of aircraft

(1) This article applies to the commander of any aircraft.

(2) A commander must, before taking off on a private flight, an aerial work flight or a commercial air transport flight, take all reasonable steps so as to be satisfied of the matters specified in paragraph (3).

(3) Those matters are that —

(a) 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 that can be adopted in case the flight cannot be completed as planned;

(b) either —

(i) the equipment that must by or under this Order be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or

(ii) the flight may commence under and in accordance with the terms of a permission granted to the operator under article 35(2);

(c) the aircraft is in every way fit for the intended flight;

(d) the load carried by the aircraft is of such mass, 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 —

(i) sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies; and

(ii) in the case of a commercial air transport flight, the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

(f) in the case of an airship or balloon, sufficient ballast is carried for the intended flight;

(g) 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

(h) in the case of a balloon, the balloon will be able to land clear of any congested area.

Section 47 Commander to be satisfied that flight can be safely completed

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 the places of departure and intended destination and on the intended route.

Section 48 Passenger briefing by commander

(1) The commander of an aircraft registered in the Isle of Man must take all reasonable steps to ensure that before take-off on a flight, all passengers are made familiar with the position and method of use of—

(a) emergency exits;

(b) safety belts (with diagonal shoulder strap where required to be carried);

(c) safety harnesses (if required to be carried);

(d) oxygen equipment, lifejackets and the floor path lighting system (where required to be carried); and

(e) all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft.

(2) The commander of an aircraft registered in the Isle of Man must also take all reasonable steps to ensure that in an emergency during a flight, all passengers are instructed in the emergency action that they should take.

Section 49 Commander to ensure demonstration of lifejackets

(1) This article applies to a flight for the transport of passengers by an aircraft registered in the Isle of Man.

(2) Subject to paragraph (5), in the case of a flight in an aircraft that is not a seaplane and on which it is intended to reach a point more than 30 minutes flying time from the nearest land, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(3) Subject to paragraph (5) and if the circumstances described in paragraph (4) apply, in the case of an aircraft that is not a seaplane, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(4) The circumstances referred to in paragraph (3) are that—

(a) it is intended to proceed beyond gliding distance from land; or

(b) in the event of an emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aircraft would be forced to land onto water.

(5) If the requirement to give a demonstration required by paragraph (2) or (3) arises only because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination.

(6) In the case of an aircraft that is a seaplane, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(7) In this article, flying time is calculated by reference to the speed specified in the relevant certificate of airworthiness or flight manual as the speed for compliance with regulations governing flights over water while flying in still air.