CHAPTER 444 - AVIATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Aviation (Insurance for Private Aircraft) Regulations
Aviation (Government Aerodromes) Regulations
Aviation (Obstructions, Lights and Smoke) Regulations
Aviation (Rules of the Air) Regulations
Aviation (Exemption of Gliders) Notice
Aviation (Aerodrome Fees) Regulations
Aviation (Parking of Motor Vehicle at Designated Airports) Regulations
Aviation (Air Navigation Facility and Service Charges) Regulations
Aviation (Emergency Powers) (Aircraft Navigation Control) Notice
Aviation (Aircraft Navigation Control) Notice
Aviation (Security Charges) Regulations
Aviation (Security) Regulations
[Section 4]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
4. Aircraft to which these Regulations apply
6. Application to State aircraft
8. Powers of Director in relation to maintenance, etc., of locally registered aircraft
PART II
REGISTRATION AND MARKS ON AIRCRAFT
10. Unregistered aircraft not to fly
11. Permission for unregistered aircraft to fly
13. Restrictions on and cancellation of registration
14. Registration void on change of ownership
15. Registration void if aircraft destroyed
16. Aircraft not to fly without appropriate marks
17. Marks on locally registered aircraft
PART III
CERTIFICATES OF AIRWORTHINESS
19. Meaning of "aircraft" in Part III
20. Certificate to be in force
21. Issue, renewal and validation of certificates
22. Classification of aircraft
23. Restrictions on use of classified aircraft
PART IV
INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT
25. Aircraft to which Part IV applies
26. Instruments and equipment: for all flights
27. Instruments and equipment: special circumstances
28. Instruments and equipment: public transport flying machines
29. Instruments and equipment: public transport gliders
30. Instruments and equipment: gliders: special circumstances
31. Instruments and equipment: free balloons
32. Instruments and equipment: captive balloons
33. Approval of instruments, equipment and installation
PART V
INSPECTION, OVERHAUL, REPAIR AND MODIFICATION OF AIRCRAFT
36. Aircraft to which Part V applies: inspection by authorised persons
38. Requirements for overhauls, repairs, replacements and approved modifications
39. Certification of overhauls, repairs, replacements and approved modifications
PART VI
WEIGHING OF AIRCRAFT
41. Aircraft to which Part VI applies
45. Alterations of weight schedules
PART VII
CERTIFICATES OF MAINTENANCE
46. Certification of public transport aircraft
47. Inspection of public transport aircraft for issue of certificate
49. Certificates in ink or indelible pencil
PART VIII
SAFETY PRECAUTIONS
50. Precautionary action to be taken by person in command
51. Exemption of training aircraft
52. Weight and performance requirements for public transport aircraft
53. Measurement of distances for assessing performance
PART IX
NAVIGATIONAL RESTRICTIONS, MANAGEMENT OF AIRCRAFT AND SAFETY PROVISIONS
59. Carriage of munitions of war forbidden
60. Carriage of dangerous goods
61. Restrictions on captive balloons, kites and moored airships
62. Imperiling safety of aircraft
67. Persons not to be carried in certain parts of aircraft
69. Control of aircraft by young persons
70. Special signals and other communications
PART X
OPERATIONAL TRAINING AND OPERATIONS MANUAL
71. Training of operating crew, Operations Manual and aerodrome meteorological minima
PART XI
OPERATING CREW
73. Operating crew to be carried
74. Duty time limitations for flight crews
PART XII
LOG BOOKS AND DOCUMENTS
80. Documents to be carried in aircraft
83. Powers of Director as to cancellation, etc., of documents
84. Forgery, etc., of documents
PART XIII
RADIOCOMMUNICATION AND TELECOMMUNICATIONS SERVICE
85. Aircraft to carry radio apparatus
86. Types of apparatus: modification: carriage of licensed operators
87. Operation of aircraft station
88. Laws relating to radiotelegraphy and radiotelephony
89A. Telecommunication Service Charges
PART XIV
PERSONNEL LICENSING REQUIREMENTS
93. Privileges of instrument rating
94. Qualifying conditions for towing rating
96. Qualifying flights for license extensions
103. Commercial pilot (soaring gliders)
104. Commercial pilot (trailing gliders)
105. Instrument rating requirements
106. Assistant instructor’s rating
108. Instructor’s rating (towed gliders)
109. Towing rating requirements
110. Age of applicant and period of license for flight navigator
111. Age of applicant and period of license for flight engineer
112. Age of applicant and period of license for cabin attendant’s license
113. Age of applicant and period of license for flight radiotelephony operator
113A. Age of applicant and period of license for Air Traffic Controller’s license
113B. Age of applicant and period of license for Aeronautical Station Operator’s license
PART XV
AERODROMES
117. Authorisation by Director
118. Charges at and accessibility of aerodromes
119. Use of Government and designated aerodromes
122. Prohibition of entry on aerodromes
PART XVI
INVESTIGATION OF ACCIDENTS
124. Interpretation of terms in Part XVI
125. Notification of accidents
126. Interference with aircraft
127. Appointment of inspectors
129. Powers of boards of inquiry
131. Reports of boards of inquiry
PART XVII
GENERAL AND SUPPLEMENTARY
135. Powers of authorised persons and police officers
136. Obstruction of authorised persons
[Regulations by the Minister]
Act 13 of 1994,
GN 246 of 1954,
GN 641 of 1954,
GN 151 of 1957,
GN 269 of 1957,
GN 130 of 1962,
GN 71 of 1963,
GN 387 of 1963,
GN 497 of 1964,
SI 153 of 1965,
SI 221 of 1968,
SI 345 of 1969,
SI 212 of 1973,
SI 33 of 1984,
SI 48 of 1985,
SI 113 of 1986,
SI 66 of 1987,
SI 174 of 1987,
SI 175 of 1987,
SI 98 of 1988,
SI 177 of 1989,
SI 87 of 1991,
SI 63 of 1991,
SI 7 of 1991,
SI 130 of 1994,
SI 163 of 1996,
SI 87 of 2003.
PART I
PRELIMINARY
These Regulations may be cited as the Air Navigation Regulations.
In these Regulations, unless the context otherwise requires—
“aerial work aircraft” means an aircraft of any class other than a public transport aircraft which is flown for remuneration payable to the operator of such aircraft in respect of the flight or in respect of the purpose for which the flight is carried out;
“aeroplane” means a flying machine supported in flight by fixed wings;
“airship” means an aircraft having gas lighter than air as a means of support, which has means of propulsion and means of directional control;
“approved” means approved by the Director;
“authorised person” means any member of the inspection staff appointed in terms of regulation 3 or any person acting under the instructions of the Director;
“balloon” means an aircraft having gas lighter than air as a means of support which has no means of propulsion;
“captive balloon” means any balloon moored to or towed from the ground or water;
“certificate of airworthiness” includes any flight manual or performance schedule relating to and required to be carried with the certificate under the law of the country in which the certificate is issued;
“certificate of maintenance” means a certificate of maintenance issued in terms of regulation 8 or Part VII;
“class”, in relation to flying machines, means either single-engine land, or single-engine sea, or multi-engine land, or multi-engine sea flying machines;
“contracting State” means any State which is a party to the Convention; "controlling authority", in relation to a Government aerodrome, means—
(a) the Director;
(b) the officer appointed to be the Commander of the Air Force under the provisions of section 165 of the Defence Act; or
(c) the officer in control of such aerodromes;
as the case may be;
“description”, in relation to aircraft, refers to—
(a) the purpose for which an aircraft is, or intended to be, flown; and
(b) any physical characteristics of an aircraft (including its weight and its engines, instruments, equipment and apparatus) which may be material for the purpose with respect to which the expression is used;
“designated aerodrome” means any public aerodrome operated by a Commercial enterprise registered by the Registrar of Companies in Zambia;
“Director” means the Director of Civil Aviation appointed in terms of regulation 3;
“flying machine” means an aircraft heavier than air and having means of mechanical propulsion;
“free balloon” means a balloon floating freely in the air;
“glider” means an aircraft heavier than air, not fixed to the ground and having no means of mechanical propulsion, but having means of directional control;
“goods” includes mails and animals;
“Government aerodrome” means—
(a) any aerodrome under the control of the Director;
(b) any aerodrome belonging to or under the control of the Defence Force;
“instrument flight rules” bears the meaning assigned to it in the Aviation (Rules of the Air) Regulations;
“kite” means a non-mechanically driven aircraft, heavier than air, moored to or towed from the ground or water;
“land” and "landing", in relation to aircraft, include alighting on water;
“license” includes any certificate of competency required to be held in connection with any license by the law of the country in which such license is granted;
“licensed aerodrome” means any aerodrome licensed in terms of these Regulations;
“military aircraft” includes any naval, military and air force aircraft, and any aircraft commanded by a person in naval, military or air force service detailed for the purpose of commanding such aircraft;
“nautical mile” means a distance of 6,080 feet;
“night” means the hours of darkness from 15 minutes after sunset until 15 minutes before sunrise or any other time when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 5,000 yards;
“notified” means shown in any notice to airmen, notice to aircraft owners and aircraft maintenance engineers, or any other circular or publication issued by the Director for the purposes of these Regulations;
“operating crew”, in relation to an aircraft, includes pilots, flight navigators, flight engineers, flight radio operators, and flight radiotelephony operators;
“passengers carried for hire or reward” includes persons carried in aircraft for the purpose of instruction in flying for which payment is made:
Provided that, for the purpose of determining whether a pilot is required to hold a license to fly aircraft carrying passengers or goods for hire or reward, a member of a recognised club, carried in an aircraft belonging to the club for the purpose of instruction or otherwise, shall not, if the pilot is also a member of the same club, be deemed to be a passenger carried for hire or reward, notwithstanding that payment is made in respect of such instruction;
“person in command”, in relation to an aircraft, means, if any person other than the pilot in charge is in command, such person, and in any other case, the pilot in charge;
“person in control”, in relation to an aerodrome, includes any person having a right to control the aerodrome and, in the case of a licensed aerodrome, the licensee thereof;
“personnel”, in relation to an aircraft, includes the operating crew and any other persons having any duties to perform in such aircraft;
“primary airframe structure” means those portions of an aircraft, exclusive of the engines, the failure of which would seriously endanger such aircraft or any persons therein;
“private aircraft” means any aircraft of any class other than a public transport or aerial work aircraft;
“privilege” means any right conferred by a license entitling the holder of such license to perform any function to which such license relates;
“prototype aircraft” means any aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which, in whole or in part, has not previously been investigated in connection with any such application;
“public transport aircraft” means an aircraft of any class—
(a) carrying passengers or goods for hire or reward; or
(b) comprised in a combination of aircraft where an aircraft is towing other aircraft, if any such aircraft, either towing or being towed, is carrying passengers or goods, but does not include any aircraft carrying passengers or goods if the carriage of such passengers or goods—
(i) is not for hire or reward and is not effected by an air transport undertaking; or
(ii) is effected by an air transport undertaking but the passengers are persons in control of or in the employment of such undertaking and the goods are goods belonging to such undertaking;
“qualified instructor” means a person holding a pilot’s license, which includes a rating to act in the capacity of instructor or assistant instructor;
“radio” is to be interpreted as a general term applied to the use of electromagnetic waves of frequencies between 10 kilocycles a second and 3,000,000 megacycles a second;
“radio apparatus” includes all apparatus, including any ancillary equipment, for sending or receiving by means of radio;
“rating” means an entry in a license specifying a privilege or limiting the effect of a privilege;
“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 operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them;
“second pilot” means a pilot duly licensed under the provisions of these Regulations and performing piloting duties under the direction of the pilot in charge of the aircraft;
“series aircraft” means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which is similar in every respect to the design of a prototype aircraft in respect of which a certificate of airworthiness has previously been issued;
“State aircraft” means military aircraft and aircraft used in Customs and police services;
“type”, in relation to aircraft or engines, means any design which in the opinion of the Director constitutes a type;
“visual flight rules” bears the meaning assigned to it in the Aviation (Rules of the Air) Regulations.
[Am by GN 641 of 1954, 151 and 269 of 1957; SI 153 of 1965, 221 of 1968, 87 of 1991.]
There shall be a Director of Civil Aviation and such other officers as members of the inspection staff as may be necessary for carrying out the provisions of these Regulations.
4. Aircraft to which these Regulations apply
These Regulations apply (unless the contrary intention appears) to or in relation to—
(a) all locally registered aircraft and personnel wherever they may be;
(b) all other aircraft when in or over Zambia and their personnel.
[Am by GN 387 of 1963.]
(1) Save as is provided in sub-regulation (2), any person who contravenes these Regulations or any provision thereof or who, in accordance with the provisions of sub-regulation (4), is deemed to have contravened these Regulations, shall be liable on conviction to a fine not exceeding six thousand penalty units or to imprisonment without the option of a fine for a period not exceeding six months, or to both.
(2) Any person who contravenes or fails to comply with, or who in accordance with the provisions of sub-regulation (4), is deemed to have contravened or failed to comply with any of the following provisions:
(a) sub-regulation (3) of regulation 10;
(b) sub-regulation (7) of regulation 115;
(c) sub-regulation (10) of regulation 90;
(d) paragraph (b) (iv) of sub-regulation (5) of regulation 90:
(e) regulation 80;
(f) regulation 81;
(g) regulation 82;
(h) sub-regulation (2) of regulation 83;
(i) paragraph (b) of sub-regulation (2) of regulation 118;
shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units or, in the case of a second or subsequent conviction for a like offence, to a fine not exceeding three hundred penalty units.
(3) If anybody corporate contravenes or fails to comply with any provision of these Regulations, any person who, at the time of the commission of the offence, was a director, general manager, secretary or other similar officer of such body corporate or was purporting to act in any such capacity, shall be deemed to be guilty of such contravention or default unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his office in that capacity and to all the circumstances.
(4) If an aircraft contravenes or fails to comply with any provision of these Regulations, the operator of the aircraft and the person in command (unless he is also the operator) thereof shall, without prejudice to the liability of any other person under that provision, be deemed to have contravened or failed to comply with such provision unless he proves that the contravention or default—
(a) was due to accident, stress of weather, or other unfavourable cause; or
(b) took place without his actual fault or privity.
[Am by Act 13 of 1994.]
6. Application to State aircraft
No State aircraft other than a locally registered aircraft shall fly over or, unless it is required to land in terms of regulation 12 of the Aviation (Rules of the Air) Regulations, shall land in Zambia unless—
(a) such flight or landing has been authorised by the Minister; and
(b) the aircraft is flown in accordance with the terms and conditions of such authorisation.
[Am by GN 269 of 1957, 387 of 1963.]
An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered.
8. Powers of Director in relation to maintenance, etc, of locally registered aircraft
Notwithstanding anything to the contrary in these Regulations, the Director may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations the maintenance of a locally registered aircraft which is maintained in accordance with the requirements of the law relating to airworthiness of any contracting State specified by the Minister and in such case—
(a) a certificate of maintenance (in such form as may be approved by the Director for the purpose) in respect of the aircraft issued by a person authorised in writing by the Director in that behalf and in accordance with that authority shall be a valid certificate of maintenance for the purposes of these Regulations; and
(b) an aircraft maintenance engineer’s license granted or rendered valid by the duly competent authority under the law of the contracting State specified as aforesaid shall, for the purposes of these Regulations, be a valid maintenance engineer’s license in accordance with the privileges endorsed on the license and subject to any conditions imposed by the Director.
[Am by SI 221 of 1968.]
The Minister may, by written authority, exempt from the provisions of these Regulations or any of them any government or aircraft or persons or classes of aircraft or persons, and such exemption may in any particular case be subject to any conditions or limitations which in the circumstances of that case may appear to him to be required.
[Am by GN 151 of 1957.]
PART II
REGISTRATION AND MARKS ON AIRCRAFT
10. Unregistered aircraft not to fly
(1) No aircraft shall fly within Zambia unless it is registered in—
(a) a contracting State; or
(b) a country with which a special convention relating to air navigation entered into by or on behalf of the Government is for the time being in force:
Provided that the Director may, in such special circumstances and subject to such conditions or limitations as he may think fit, temporarily exempt from the provisions of this sub-regulation any aircraft not registered in terms of paragraph (a) or (b).
(2) An aircraft registered in a country with which such a special convention as aforesaid is in force shall, in addition to complying with the provisions of these Regulations, also comply with the conditions of that convention.
(3) An aircraft exempted under the proviso to sub-regulation (1) shall carry, in addition to other documents which it is required by these Regulations to carry, a certificate, granted either by the Director or by the competent authority in the country in which the aircraft is registered, certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted.
(4) If any aircraft flies in contravention of sub-regulation (1) and in a manner or in circumstances such that, if the said aircraft had been a locally registered aircraft, an offence against these Regulations would have been committed, the like offence shall be deemed to have been committed in respect of the said aircraft.
[Am by GN 387 of 1963; SI 153 of 1965.]
11. Permission for unregistered aircraft to fly
(1) Notwithstanding anything in regulation 10 contained, an aircraft may fly within Zambia unregistered if and so long as it is flown for the purpose of or in connection with any experiment or test, or for any other purpose for which it appears to the satisfaction of the Director that the aircraft may be permitted to fly unregistered:
Provided that in any such case the aircraft shall be flown in accordance with the provisions of these Regulations, or as may be specified in a special permission in writing given by the Director.
(2) An aircraft flying in pursuance of the provisions of sub-regulation (1) shall be deemed to be registered in Zambia for the purposes of these Regulations.
[Am by GN 387 of 1963.]
(1) The registration of aircraft in Zambia shall be carried out by the Director.
(2) Application for registration of an aircraft shall be made to the Director and the applicant shall furnish the Director with such particulars relating to the aircraft and the ownership thereof as he may require in connection with the application and with such evidence as he may require in support thereof.
(3) The register of locally registered aircraft shall show, in respect of each aircraft registered,
the person appearing to the Director to be owner for the time being of such aircraft, hereinafter referred to as "registered owner" (which expression shall be deemed to include the personal representative or in the case of a body corporate, the successor of that person) and such further particulars as the Director may fix.
(4) After completion of the registration, the Director shall issue a certificate of registration.
[Am by GN 387 of 1963.]
13. Restrictions on and cancellation of registration
(1) An aircraft shall not be registered in Zambia—
(a) if it appears to the Director that such aircraft is already registered in any other country; or
(b) unless it appears to the Director that such aircraft is owned wholly by persons qualified to be owners of an aircraft registered in Zambia.
(2) The following persons shall be qualified to be owners of a locally registered aircraft—
(a) citizens of Zambia or persons bona fide resident in Zambia or such other persons as the Director may approve; and
(b) bodies corporate—
(i) established under and subject to the law of Zambia; or
(ii) established under and subject to the laws of such other country as the Minister may approve.
(3) If the usual station of an aircraft and its ordinary area of operation are not situated in Zambia and the owner of the aircraft is neither resident nor has his principal place of business in Zambia, the Director may decline to accept an application for registration of the aircraft in Zambia, or, as the case may be, to permit the aircraft to remain registered in Zambia if in his opinion the aircraft could more suitably be registered in some other country.
(4) The Director may decline to accept an application for registration of an aircraft in Zambia if in the circumstances it appears to him to be inexpedient in the public interest that the aircraft should be so registered.
(5) The registration of any locally registered aircraft may be cancelled at any time by the Director as from a date to be specified by him on his being satisfied that the ownership of the aircraft is not as shown on the register, or that such registration is not in conformity with the provisions of sub-regulation (1), or that the aircraft could more suitably be registered in some other country, or that it is inexpedient in the public interest that the aircraft should remain registered in Zambia, and thereupon the certificate of such registration shall become void as from the specified date.
[Am by GN 387 of 1963; SI 153 of 1965.]
14. Registration void on change of ownership
(1) If there is any change in the ownership of any locally registered aircraft—
(a) the registered owner shall forthwith notify the Director in writing of the change and the date thereof; and
(b) the registration and the certificate thereof shall become void as from the date of the change.
(2) For the purposes of this regulation, there shall be deemed to be a change in the ownership of an aircraft if—
(a) any registered owner ceases to be an owner; or
(b) any person other than a registered owner becomes owner; or
(c) the aircraft ceases to be owned wholly in conformity with the provisions of sub-regulation (2) of regulation 13.
15. Registration void if aircraft destroyed
If any locally registered aircraft is destroyed or permanently withdrawn from use, the registered owner shall forthwith notify the Director in writing accordingly and the registration and the certificate thereof shall become void as from the date of the notification.
16. Aircraft not to fly without appropriate marks
No aircraft shall fly 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 the law of that country, and no aircraft shall bear any mark purporting to indicate that it is registered in a country in which it is not registered.
17. Marks on locally registered aircraft
(1) Locally registered aircraft shall bear in the manner prescribed in this regulation the nationality and registration marks described in this regulation.
(2) The nationality mark of the aircraft shall be the figure and capital letter "9J" and the registration mark shall be a group of three capital letters in Roman character assigned by the Director on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.
(3) The nationality and registration marks—
(a) shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the manner provided in the First Schedule;
(b) shall be inscribed, together with the full name and address of the registered owner of the aircraft, on a fireproof metal plate affixed in a prominent position to the fuselage or car or basket and near the main entrance to the aircraft; and
(c) shall always be kept clean and visible.
[Am by SI 153 of 1965.]
An aircraft other than a State aircraft shall not bear any mark or sign appropriated for use on a State aircraft.
PART III
CERTIFICATES OF AIRWORTHINESS
19. Meaning of "aircraft" in Part III
In this Part, unless the context otherwise requires—
“aircraft” includes the engines, components, accessories, instruments, equipment and apparatus, and their installations.
20. Certificate to be in force
(1) Subject to the provisions of sub-regulation (2), no aircraft shall fly or attempt to fly unless—
(a) 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; and
(b) any conditions on which the certificate was issued or rendered valid are duly complied with.
(2) Sub-regulation (1) shall not apply—
(a) in the case of—
(i) a balloon not carrying passengers for hire or reward; or
(ii) a kite; which is to be flown within Zambia; or
(b) in the case of any locally registered aircraft which is to be flown for the purpose of or in connection with any experiment or test or for any other purpose for which it appears to the satisfaction of the Director that the aircraft may be permitted to fly without a certificate of airworthiness being in force in respect thereof:
Provided that in any such case the aircraft shall be flown in accordance with the conditions specified in a special permission in writing given by the Director or in accordance with the following conditions—
(i) an application for the issue or renewal of a certificate of airworthiness in respect of the aircraft or of a validation of such a certificate or an application for the approval of modifications under regulation 37 shall be made prior to the flight;
(ii) the aircraft shall be a series aircraft;
(iii) the flight shall be carried out only for the purpose of either qualifying for the issue or renewal of a certificate of airworthiness or a validation of such a certificate or obtaining the approval of modifications or for the purpose of testing radio apparatus installed in such aircraft;
(iv) the flight shall take place wholly within 10 nautical miles of the place of departure which shall be a licensed aerodrome, a Government aerodrome or an aerodrome used in connection with an aircraft factory;
(v) the aircraft shall not fly over any town or populous area, over any assembly of persons in the open air, or over any aerodrome where at the time conditions are such as to make the flying of the aircraft dangerous;
(vi) the flight shall not be forbidden by the Director.
(3) Paragraphs (iv) and (v) of the proviso to sub-regulation (2) shall not apply to any locally registered aircraft which is flown for the purpose mentioned in paragraph (b) of sub-regulation (2) if such flight is being made for the purpose of testing the radio apparatus installed in the aircraft, and the aircraft may be flown to and within the vicinity of the radio testing station suitable for the carrying out of the said tests which is nearest to the place of departure.
[Am by GN 387 of 1963.]
21. Issue, renewal and validation of certificates
(1) A certificate of airworthiness in respect of an aircraft may be issued by the Director if he is satisfied that the aircraft complies with the requirements approved by him in respect of—
(a) design;
(b) construction, including workmanship and materials;
(c) instruments and equipment;
(d) weighing; and
(e) flying trials and other tests;
and if the aircraft, when fitted with an engine or engines, is fitted with an engine or engines of which an approval in writing has been given by him or under his authority or by the duly competent authority in the country of manufacture of such engine or engines:
Provided that the Director may delegate the power of granting the aforesaid approval to any person or body of persons that he may nominate to do so.
(2) When the Director has issued a certificate of airworthiness in respect of a prototype or prototype (modified) aircraft, he may dispense with all or any of the tests aforesaid in the case of a series aircraft conforming with such prototype or prototype (modified) aircraft.
(3) The following provisions shall have effect with respect to a certificate of airworthiness:
(a) such particulars relating to the aircraft in respect of which the certificate is issued as may be determined by the Director shall be specified in the certificate or in a flight manual which may be issued by the Director or by the duly competent authority in the country of manufacture of the aircraft;
(b) the certificate shall be issued on such conditions as the Director may think fit, which shall be specified in the certificate or such flight manual;
(c) the particulars specified in the certificate or such flight manual may from time to time be varied by the Director on sufficient grounds being shown to his satisfaction;
(d) the conditions specified in the certificate or such flight manual may from time to time be varied by the Director if he is satisfied that they may be properly relaxed or that reasonable doubt exists as to whether they afford a sufficient margin of safety;
(e) a flight manual issued as provided by paragraph (a) shall be deemed to form part of the certificate with which it is issued and shall be carried with that certificate.
(4) A certificate of airworthiness issued by the Director shall, subject to the provisions of sub-regulation (7) and of regulation 83, remain in force for such period as may be shown therein but may be renewed as provided in sub-r66egulation (6).
(5) If a certificate of airworthiness has been duly issued under the laws of any other country in respect of any locally registered aircraft, the Director may issue a validation conferring on that certificate, subject to such conditions and for such period as he may think fit, the same validity as if it had been issued under the provisions of these Regulations or may, if he thinks fit, issue a new certificate of airworthiness in respect of the aircraft under the said provisions.
(6) The Director may from time to time renew a certificate of airworthiness issued or rendered valid or a validation issued in accordance with the provisions of these Regulations on being furnished with such evidence as he may require with respect to the condition of the aircraft to which the certificate or validation relates, and if such validation has been issued he may, if he thinks fit and on being furnished with such evidence, issue a new certificate of airworthiness in respect of the aircraft under the same provisions instead of renewing the validation.
(7) As a condition of the renewal or continuing validity of a certificate of airworthiness or a validation of such a certificate issued under these Regulations, the Director may require that such work as appears to him to be necessary for ensuring the safety of the aircraft shall be carried out within a given period.
[Am by SI 153 of 1965.]
22. Classification of aircraft
(1) Any aircraft in respect of which a certificate of airworthiness has been issued or validated under the provisions of these Regulations shall be classified as belonging to one or more of the following categories and to one or more of the following subdivisions—
(a) Normal Category—
subdivision (a), public transport for passengers;
subdivision (b), public transport for mails;
subdivision (c), public transport for goods;
subdivision (d), private;
subdivision (e), aerial work;
subdivision (h), demonstration;
subdivision (i), crew familiarisation.
(b) Semi-aerobatic Category—
subdivisions (a) to (e) and (h) and (i) as in the Normal Category.
(c) Aerobatic Category—
subdivisions (a) to (e) and (h) and (i) as in the Normal Category.
(d) Special Category—
subdivision (f), racing or record;
subdivision (g), research or experimental;
subdivisions (h) and (i) as in the Normal Category.
(2) (a) If it is desired to have any aircraft classified in subdivision (e), (f), (g), (h) or (i), the particular purposes for which it is proposed to use such aircraft should be quoted on the form of application for the issue or validation of a certificate of airworthiness.
(b) An application for the re-classification of an aircraft should be made in writing and forwarded to the Director. The aircraft may be re-classified if it conforms to the requirements applicable to the proposed classification.
23. Restrictions on use of classified aircraft
(1) Any locally registered aircraft being flown in accordance with a certificate of airworthiness or a validation of such a certificate issued under these Regulations may be used only in such manner and for such purposes as may be specified in that certificate of airworthiness or validation in accordance with the category and subdivisions thereof in which the aircraft is classified.
(2) The conditions specified in sub-regulation (1) shall apply in the case of an aircraft registered in any foreign country when being flown in Zambia in accordance with a certificate of airworthiness or validation issued by the country of registration.
[Am by GN 387 of 1963; SI 153 of 1965.]
If an application has been made for a certificate of airworthiness in respect of an aircraft, any person authorised in writing by the Director shall at all times during working hours while the aircraft is under construction have the right of access to any place in any establishment to which access is necessary for the purpose of inspecting the manufacture or assembly of any part of the aircraft or any drawings of any part of the aircraft.
PART IV
INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT
25. Aircraft to which Part IV applies
The provisions of this Part shall apply to locally registered aircraft when flying or about to fly.
26. Instruments and equipment: for all flights
According to the class and description of the aircraft and the circumstances of the flight, there shall be carried in the aircraft and maintained in a fit condition for immediate use the following instruments and equipment, and the devices to be used and the precautionary measures to be taken for the purpose of securing the safety of the aircraft shall be as prescribed hereunder:
In flying machines for all flights—
(a) the instruments, equipment and devices required by the Director, or by the duly competent authority in the country of manufacture, for the issue of a certificate of airworthiness in respect of the particular aircraft;
(b) maps or charts to cover the whole route of the proposed flight and any route to which the pilot in charge of the flying machine may reasonably expect to be diverted. Information to which the pilot in charge may need to refer in flight in order to comply with the rules;
(c) first-aid kit, except in the case of private flying machines;
(d) spare electrical fuses for all electrical circuits, the fuses of which can be replaced in flight, consisting of 10 per centum of the number of each rating, or three of each rating, whichever is the greater;
(e) in flying machines designed to manoeuvre on the water, the equipment for making the sound signals specified in regulation 24 of the Aviation (Rules of the Air) Regulations.
[Am by GN 269 of 1957.]
27. Instruments and equipment: special circumstances
The items specified in this regulation and in regulation 28, in so far as they may not be included in the requirements specified in regulation 26, shall also be carried by flying machines in the cases indicated in this regulation or in regulation 28, whichever may be applicable.
(1) In flying machines for flights by night—
(a) the equipment for displaying the lights described in regulation 73 and, if the flying machine is designed to manoeuvre on the water, regulation 74 of the Aviation (Rules of the Air) Regulations;
(b) in flying machines not equipped with radio-communication apparatus, equipment for making the visual signal specified in sub-regulation (2) of regulation 47 of the Aviation (Rules of the Air) Regulations;
(c) adequate electrical illumination, supplied from the main source of supply in the flying machine, for the instruments and equipment (including maps) the carriage of which is prescribed and the illumination of which is necessary to enable use to be made of them during flight;
(d) turn-and-slip indicator, or a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.
(2) ...
[Revoked by SI 212 of 1973.]
(3) ...
[Revoked by SI 212 of 1973.]
(4) In flying machines for flights made under Instrument Flight Rules—
(a) turn-and-slip indicator;
(b) gyroscopic bank and pitch indicator;
(c) gyroscopic direction indicator;
(d) two sensitive altimeters adjustable for changes in barometric pressure, one of which may be the altimeter required for the issue of a certificate of airworthiness;
(e) timepiece with a centre seconds hand;
(f) means of indicating that the power supply to the gyroscopic instruments is working satisfactorily;
(g) rate of climb and descent indicator;
(h) in flying machines of which the maximum total weight authorised exceeds 12,500 lb., a means of indicating the outside air temperature;
(i) in flying machines of which the maximum total weight authorised exceeds 12,500 lb., two air speed indicators;
(j) approach chart for each aerodrome specified in the flight plan.
(k) an alternative supply for the static pressure line or lines;
(5) In flying machines for flights involving aerobatic manoeuvres- safety harness for every seat in use.
[Am by GN 269 of 1957; SI 212 of 1973.]
28. Instruments and equipment: public transport flying machines
In public transport flying machines—
(1) For all flights—
(a) safety harness for every seat in use by a member of the crew;
(b) safety belt or safety harness for every passenger’s seat and means of indicating to the passengers when they should be fastened;
(c) sensitive altimeter adjustable for changes in barometric pressure, unless the altimeter required for the issue of the certificate of airworthiness meets this condition;
(d) timepiece with a centre seconds hand;
(e) turn-and-slip indicator, or a gyroscopic bank and pitch indicator and a gyroscopic direction indicator;
(f) such other instruments, equipment and supplies as the Director may, at his discretion, require to be carried on flights across notified areas where search and rescue would be especially difficult, or in the particular circumstances of the case.
(2) For flights by night or under Instrument Flight Rules by public transport flying machines the maximum total weight authorised of which exceeds 2,500 lb.—
the equipment specified in paragraph (4) of regulation 27.
(3) For all flights which involve manoeuvres on the water—
(a) lifejacket, or equivalent, equipped with a waterproof torch and whistle for each person on board and stowed in a position easily accessible from the person’s seat;
(b) notices displayed in each passenger compartment stating where the lifejackets are situated and instructing passengers how to use them in the event of their being required;
(c) additional flotation equipment, of not less than 20 per centum of the capacity of the equipment required under sub-paragraph (a), provided in a stowage accessible from outside the flying machine;
(d) equipment of marine type for making, from the surface of the water, the pyrotechnical signal of distress specified in regulation 79 of the Aviation (Rules of the Air) Regulations;
(e) equipment for mooring or for anchoring appropriate to the maximum total weight authorised for the flying machine.
(4) For flights which involve manoeuvres on the water by flying machines the maximum total weight authorised of which exceeds 5,000 lb.—
(a) sea anchor (drogue);
(b) apparatus necessary to facilitate manoeuvring the aircraft under its own engine power on the water appropriate to its weight, size and handling characteristics, and, if such apparatus is not controlled by the pilot, a communication system enabling him to instruct the operator thereof.
(5) For flights over water beyond gliding distance from any coast or shore—
(a) the equipment and notices specified in sub-paragraphs (a) and (b) respectively of paragraph (3);
(b) equipment necessary for making the pyrotechnical signal of distress and the green light urgency signals specified in regulations 79 and 80 of the Aviation (Rules of the Air) Regulations.
(6) For flights by aeroplanes over water, the following equipment if required under sub-regulations (2) and (3) of regulation 55:
(a) suitably equipped dinghies of an approved type sufficient to accommodate all occupants of the aeroplane. Each dinghy shall carry the following equipment—
(i) means for maintaining buoyancy;
(ii) a drogue to reduce drift;
(iii) life lines and means of attaching one raft to another;
(iv) paddles or other means of propulsion;
(v) equipment to protect the occupants from the elements;
(vi) a waterproof torch;
(vii) marine type pyrotechnical distress signals;
(viii) means of making sea water drinkable;
(ix) sufficient food and water to sustain the occupants of the dinghy for a period as notified;
(x) first-aid equipment;
(b) the items mentioned in sub-paragraphs (i) to (v) and (vii) of sub-paragraph (a) shall be of a type approved for operation in the type of dinghy in which they are installed;
(c) routine maintenance and inspection of dinghies and dinghy equipment shall be carried out to ensure that they are maintained in a serviceable condition;
(d) the method of stowage of dinghies required by sub-paragraph (a) and the method of launching shall be such as to ensure the most expeditious and efficient use of them in the event of a forced landing of the aeroplane;
(e) the equipment specified in sub-paragraphs (vi) to (x) of sub-paragraph (a) shall be contained in a pack and one such pack shall be stowed with each dinghy so that it is immediately available when the dinghy is launched;
(f) for every four or proportion of four dinghies, one dinghy radio transmitter shall be carried in the aeroplane in the position in which it would be most readily available for use in an emergency. The radio transmitter shall be of an approved type and the method of stowage in the aeroplane and subsequent operation in the dinghy shall be approved;
(g) in the case of flights over water by flying machines other than aeroplanes, such items of equipment shall be carried as the director may require.
(7) For flights by night—
(a) landing lights consisting of two single-filament or one dual-filament lamp with separately energised filaments;
(b) cabin lights in all passengers’ compartments;
(c) one electric torch for each member of the aircraft personnel on duty: Provided that, if a flying machine is authorised by the certificate of airworthiness to carry more than 19 persons, it shall be equipped with two electric torches and with an emergency lighting system of approved type, design and construction, which will provide illumination in the passenger compartments in the event of failure of the lights specified in sub-paragraph (b);
(d) means of observing the existence and build-up of ice on the aircraft if the aircraft has a maximum total weight authorised which exceeds 12,500 lb.
(8) For flights in the course of which a height of 10,000 feet or more above sea level is likely to be reached—
(a) an adequate supply of oxygen together with suitable apparatus for the use thereof—
(i) by the crew, when the aircraft will be operated at heights above 10,000 feet above sea level for periods in excess of 30 minutes;
(ii) by the crew and passengers, when the aircraft will be operated at heights above 13,000 feet above sea level for any period of time, in which case the supply and apparatus shall be under the control of a member of the operating crew;
(b) an adequate emergency portable supply of oxygen for the relief of individual passengers;
(c) when a supply other than an emergency supply of oxygen must be carried, means of indicating to the passengers in each passenger compartment at appropriate times when oxygen should be used, and method of use;
(d) notwithstanding anything in this regulation contained, where the air space in the control compartment and passenger compartments, if any, is kept at a pressure greater than that of the international standard atmosphere at 10,000 feet, then such oxygen only as would be necessary for the operating crew of the aircraft as an emergency measure in the event of pressure failure need be provided.
(9) For flights on which a licensed flight navigator is required to be on board—
(a) chart table;
(b) such navigational instruments as are necessary for the particular flight;
(c) adequate facilities for the taking of astronomical observations, including observations for checking the magnetic compass.
(10) For flights when the weather reports available at the time of departure indicate the probability that conditions pre-disposing to ice formation will be encountered—
(a) means of preventing the formation of or means of removing such ice on the wings, tail surfaces and control surfaces as would seriously alter the aero-dynamic characteristics of the aircraft or interfere with the proper functioning of its flying controls;
(b) means of preventing the formation of or means of removing such ice on the propellers as would seriously alter their aero-dynamic characteristics, and, in the case of a variable-pitch propeller, would interfere with its pitch-changing mechanism;
(c) means of protecting any fixed aerial to ensure that ice accretion will not interfere with the electrical insulation;
(d) if a non-retractable direction-finding loop is fitted, means of preventing ice accretion thereon;
(e) such safeguards, whether by heating or otherwise, as are necessary to ensure that all instruments and equipment required for use during the flight of the aircraft will continue to function under icing conditions;
(f) means of preventing the formation of or means of removing ice on such portion of the pilot’s windscreen as is necessary to provide an adequate view.
(11) For flights on which passengers are carried—
The pilot in charge of the flying machine, or other member of the crew to whom the responsibility has been delegated by the operator of the flying machine, shall—
(a) before the commencement of a flight, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened and that the passengers have been made aware of their method of operation;
(b) before each landing of the flying machine, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened;
(c) when conditions of turbulent air prevail and if he considers such a precaution necessary, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened;
(d) in the case of flights by landplanes over water beyond 30 minutes’ flying distance from the nearest shore, show the passengers by practical demonstration before the take-off or before reaching 30 minutes’ flying distance from the nearest shore, the position of the lifejackets, or equivalents, and the method of their operation;
(e) in the case of flights by flying boats over water, show the passengers by practical demonstration before the take-off the position of the lifejackets, or equivalents, and the method of their operation.
[Am by GN 151 of 1957, 269 of 1957.]
{mprestriction ids="2,3,5"}
29. Instruments and equipment: public transport gliders
In public transport and aerial work gliders—
The instruments, equipment and devices required for the issue of a certificate of airworthiness in respect of the particular glider. Such additional instruments and equipment as the Director may, at his discretion, require to be carried in any particular case.
30. Instruments and equipment: gliders: special circumstances
The items specified in this regulation shall, in so far as they may not be included in the requirements specified in regulation 29, also be carried by gliders in the cases respectively indicated.
(1) In all gliders for flights by night—
(a) equipment for displaying the lights described in regulation 76 of the Aviation (Rules of the Air) Regulations;
(b) adequate electrical illumination, supplied from the main source of supply in the glider, for the instruments and equipment (including maps) required to be carried and the illumination of which is necessary to enable use to be made of them during flight.
(2) In all gliders for flights involving aerobatic manoeuvres-safety harness for every seat in use.
[Am by GN 269 of 1957.]
31. Instruments and equipment: free balloons
In free balloons—
(1) For all flights—
(a) equipment necessary for making the pyrotechnical signal of distress specified in regulation 79 of the Aviation (Rules of the Air) Regulations;
(b) such other instruments and equipment as the Director may, at his discretion, require to be carried in any particular case.
(2) In addition for flights by night-equipment for displaying the light described in regulation 77 of the Aviation (Rules of the Air) Regulations.
[Am by GN 269 of 1957.]
32. Instruments and equipment: captive balloons
In captive balloons—
For all flights—
(a) such instruments and equipment as the Director may, at his discretion, require to be carried in any particular case;
(b) equipment for displaying the lights and markings described in regulation 78 of the Aviation (Rules of the Air) Regulations.
[Am by GN 269 of 1957.]
33. Approval of instruments, equipment and installation
All the instruments and equipment referred to in paragraphs (a) and (d) of regulation 26 or in regulations 27 to 32 (both inclusive) shall be of such type, construction and design, and shall be fitted and installed in such manner as may be approved by the Director.
The navigational instruments referred to in sub-paragraph (b) of paragraph (9) of regulation 28;
the apparatus referred to in sub-paragraph (b) of paragraph (4) of regulation 28;
timepieces;
chart tables;
first-aid kits;
sea anchors (drogues);
torches;
whistles;
sound signals;
equipment for mooring or for anchoring;
mooring lights.
[Am by SI 212 of 1973.]
In the case of aircraft carrying passengers for hire and reward, first-aid kits shall contain equipment suitable for rendering first-aid in any accident that may occur and sufficient for the purpose having regard to the number of persons in the aircraft and shall include the following items:
materials-bandages, splints, antiseptic gauze, adhesive plaster, lint, cotton wool, safety pins;
instruments-tourniquet or haemostatic bandage, scissors, forceps;
drugs-water-miscible antiseptic, analgesic, narcotic (if morphine, or any other drug to which the Dangerous Drugs Act applies, is carried, the quantity shall not amount to more than one-quarter grain per person and shall be in the form of ampoule syringes), stimulant, remedy for burns.
[Revoked by SI 212 of 1973.]
PART V
INSPECTION, OVERHAUL, REPAIR AND MODIFICATION OF AIRCRAFT
36. Aircraft to which Part V applies: inspection by authorised persons
(1) The provisions of this Part shall apply to locally registered aircraft in respect of which certificates of airworthiness issued or rendered valid under these Regulations are or have been in force.
(2) Any such aircraft may be inspected by any person or firm authorised in writing by the Director for that purpose. In addition any person or firm so authorised as aforesaid may in any particular case give any special instructions with regard to the inspection, overhaul, repair, replacement of parts and modification of any such aircraft (including all its equipment and the installation thereof) which appear to him to be required for the purpose of securing the safety of the aircraft.
(3) The Director may at any time inspect the premises and equipment of any person or firm authorised to inspect aircraft or give instructions in terms of sub-regulation (2).
(1) The owner or operator of an aircraft shall not carry out any modifications (including changes of equipment or its installation) which, in the opinion of a person authorised as aforesaid, affect the safety of the aircraft without first obtaining the approval of the Director, who must be furnished with copies of such design, data, calculations, reports on tests and drawings as may be required:
Provided that, if a modification to a type of aircraft has already been approved under this regulation or by the duly competent authority in the country of manufacture, it shall not be necessary save as is provided in regulation 39 to obtain approval for the same modification when incorporated in another aircraft of the same type. The Director may require that, if any modification of an aircraft is carried out, a new certificate of airworthiness in respect of that aircraft is obtained.
(2) An aircraft in respect of which any requirements or special instructions mentioned in sub-regulation (2) of regulation 36 have not been complied with or in respect of which an approval in terms of sub-regulation (1) or a new certificate of airworthiness required under sub-regulation (1) has not been obtained shall not, pending compliance with such requirements or special instructions or pending the obtaining of such approval or new certificate of airworthiness, as the case may be, fly or attempt to fly except in so far as it may be permitted to fly by the Director or except in so far as it might fly if no certificate of airworthiness was in force in respect thereof.
38. Requirements for overhauls, inspections, repairs, replacements and approved modifications
The following requirements shall apply to inspections, overhauls, repairs, replacements, and to approved modifications carried out to an aircraft:
(1) The work shall be carried out in accordance with the relevant technical publications or approved maintenance schedules and in all essential respects shall comply with the approved design in conformity with which the aircraft was constructed, including such modifications as have been approved for embodiment therein or, alternatively, shall be undertaken in accordance with a repair scheme approved in writing by the Director or by the duly competent authority in the country of manufacture of the aircraft. Records of work carried out shall be maintained in a manner acceptable to the Director.
(2) All materials used shall be as approved for the design in conformity with which the aircraft was constructed, or as otherwise approved, and shall have been obtained from sources acceptable to, and stored in a manner and in conditions approved by the Director.
(3) All work shall be inspected, to the extent necessary in the circumstances of the case, in accordance with the requirements of the Director.
(4) A certificate in accordance with the terms of regulation 39 shall be given and, if the Director so requires, the certificate of airworthiness of the aircraft shall be forwarded forthwith to the Director in order that it may be amended.
(5) No unlicensed person shall do work of any nature to an aircraft unless he has first obtained the consent in writing of the Director, nor shall any person permit or direct any unlicensed person to do such work unless the consent as aforesaid has been obtained.
(6) Any welding process applied to the primary airframe structure shall be applied only by a person approved for the purpose by the Director:
Provided that in emergency if it is not reasonably practicable to comply with the requirements mentioned in this regulation, a temporary repair of the part or parts affected may be made for the sole purpose of enabling the aircraft to proceed to the nearest place at which a repair complying with the above requirements can be carried out, and if the person in command of the aircraft is satisfied that, having regard to the circumstances and exigencies of the case, such repair is adequate for the purpose, the aircraft may then proceed to fly to such place without having such temporary repair certified in accordance with the foregoing requirements.
[Am by SI 212 of 1973.]
39. Certification of inspections, overhauls, repairs, replacements and approved modifications
The following provisions shall apply to or in relation to every certificate required under regulations 37 and 38—
(1) The certificate shall be appended to the particulars of the inspection overhaul, repair, replacement or modification to which it relates and shall be in the form prescribed in the Fourth Schedule.
(2) The certificate shall be signed by an aircraft maintenance engineer qualified under the terms and conditions of his license to certify the inspection overhaul, repair, replacement or modification to which the certificate relates, or by the authorised representative of a firm or company approved for the purpose of giving such certificates or by some other approved person.
(3) The certificate shall, if relating to the aircraft exclusive of the engines, be written in the aircraft log book; if relating to the engines, be written in the appropriate engine log book; and if relating to a variable-pitch propeller, be written in the appropriate propeller log book:
Provided that—
(i) if the details of any inspections, overhaul, repair, replacement or modification are so voluminous as to render it inconvenient to enter them in the space provided in the log book,
such details shall be entered in a separate maintenance record which shall be numbered for identification purposes, certified in like manner to that required for the relevant entry in the log book and retained in safe custody in order that it may be produced on such occasions as it may be required for inspection. The number of such record and particulars of the place where it may be inspected shall be inserted in the log book together with a brief description of the inspection overhaul, repair, replacement or modification to which the record relates;
(ii) if the appropriate log book is not at the place where the inspection overhaul, repair, replacement or modification is carried out, the certificate may be given separately from the log book, in which case it shall be pasted in the log book in terms of paragraph (3) of regulation 79.
[Am by GN 641 of 1954; SI 212 of 1973.]
(1) Notwithstanding the provisions of paragraphs (4) and (5) of regulation 38 and paragraph (2) of regulation 39, the owner or owners of an aircraft classified in its certificate of airworthiness solely in subdivision (d) "private" may perform such work on the aircraft as may be necessary to maintain it in an airworthy condition, provided that the work does not involve any dismantling of any component of the primary airframe structure; or of the engine other than that which is essential to carry out those maintenance and inspection operations normally necessary to ensure satisfactory engine functioning. After the performance of any work under this regulation, an appropriate entry in the relevant log book shall be made, accompanied by a certificate in terms of paragraph (1) of regulation 39 signed by the owner or, if the aircraft is owned jointly by a number of persons, by one of that number.
(2) If the owner or owners of an aircraft classified in the manner described in sub-regulation (1) require to carry out on the aircraft work of a nature other than that described in sub-regulation (1), permission to do shall first be obtained from the Director who may, in granting permission, impose special requirements in respect of the work with which the applicant shall comply.
(3) For the purposes of this regulation—
“dismantling” means taking apart or altering the position of;
“inspection” means visual examination;
“maintenance” means work necessary to ensure the continuation of a degree of serviceability which, substantially, already exists.
PART VI
WEIGHING OF AIRCRAFT
41. Aircraft to which Part VI applies
(1) The provisions of this Part shall apply to locally registered aircraft in respect of which certificates of airworthiness are or have been in force.
(2) Any such aircraft may be inspected by a person authorised in writing by the Director for the purpose.
An aircraft shall, under arrangements to be made by the operator thereof, be weighted at such times as the Director may require and to his satisfaction.
An aircraft shall carry, exhibited in a prominent position inside it, a weight schedule giving the following information—
(1) The nationality and registration marks of the aircraft;
(2) The weight of the aircraft empty, which shall include—
(a) the weight of the liquid in the system if the aircraft is fitted with liquid cooled engines; and
(b) the weight of all accessories, instruments, equipment and apparatus (including radio apparatus) and other parts which in the opinion of the Director should be regarded as fixed and irremovable;
(3) A list of the accessories, instruments, equipment, and apparatus (including radio apparatus) and other parts which in the opinion of the Director should be regarded as fixed and irremovable, which have been included in the weight of the aircraft empty;
(4) A list of the accessories, instruments, equipment and apparatus and other parts (excluding radio apparatus and radio parts) which in the opinion of the Director should be regarded as not fixed but removable, together with details of their respective weights;
(5) A list of the radio apparatus and radio parts which in the opinion of the Director should be regarded as removable, together with details of their respective weights.
44. Alterations of weight schedules Weights to be affixed
The aircraft shall also bear clearly painted upon the outside in a prominent position—
(a) its weight empty, that is to say, the weight referred to in paragraph (2) of regulation 43; and
(b) the maximum total weight authorised for the aircraft as shown for the time being in its certificate of airworthiness.
45. Alterations of weight schedules
(1) Whenever any alteration affecting the particulars or weights entered in the weight schedule is made, the weight schedule carried in the aircraft in accordance with regulation 43 shall be amended or replaced by a revised schedule.
(2) Whenever the aircraft is weighed in accordance with regulation 42, the fixed accessories, instruments, equipment, apparatus and parts shall be checked against the particulars entered in the weight schedule referred to in regulation 43.
PART VII
CERTIFICATES OF MAINTENANCE
[Am by GN 641 of 1954.]
46. Certification of public transport aircraft
(1) Subject to the provisions of this Part, no locally registered public transport or aerial work aircraft shall fly or attempt to fly unless it has been maintained in accordance with maintenance schedules approved in writing by the Director (in this Part called "the maintenance schedules") in respect of that aircraft and a certificate has been issued and is in force under this regulation, certifying that the aircraft has been so maintained or has been issued under regulation 8:
Provided that nothing in this regulation contained shall be deemed to require the landing of an aircraft which is actually in flight.
(2) The operator shall incorporate in the maintenance schedules any amendments which may from time to time be required by the Director.
(3) The certificate of maintenance shall come into force immediately after it has been issued and shall cease to be in force—
(a) on the expiry of its period of validity, being a period of time from its issue which shall be specified in the maintenance schedules relating to the aircraft; or
(b) as soon as the aircraft has flown for the number of hours which shall be specified for this purpose in the maintenance schedules relating to it;
whichever is the sooner.
(4) The operator of the aircraft shall record on the certificate of maintenance relating to the aircraft the period of its validity.
(5) As soon as a certificate of maintenance in respect of the aircraft is issued, the operator of the aircraft shall provide a technical log (in this Part called a "record of flying hours") for the purpose of recording the number of hours during which the aircraft has flown since the issue of such certificate of maintenance. The technical log shall be carried in the aircraft on all flights.
(6) On the termination of every flight, the person in command of the aircraft shall enter in the record of flying hours the duration of the flight in hours and minutes and shall sign and date such entry.
(7) The entry referred to in sub-regulation (6) shall be preserved by the operator for two years after the expiry of the certificate of maintenance.
(8) As soon as a certificate of maintenance in respect of the aircraft is issued, the operator of the aircraft shall provide a technical log (in this Part called a "record of defects") for the purpose of recording defects in the aircraft occurring during the period of validity of such certificate of maintenance and the rectification of such defects. The technical log shall be carried in the aircraft on all flights.
(9) On the termination of every flight, the person in command of the aircraft shall enter in the record of defects—
(a) particulars of any defects in the aircraft, including its engines, components, accessories, instruments, equipment, apparatus and their installations, observed by him during the flight or reported to him; or
(b) if no such defect has been observed by him during the flight, or reported to him, a statement to that effect; and shall sign and date such entry.
(10) After rectifying any such defect in the aircraft, the appropriately licensed aircraft maintenance engineer or other approved person effecting such rectification shall enter in the record of defects particulars of such rectification and shall sign and date such entry.
(11) The operator shall either preserve each entry in the record of defects for a period of two years after the expiry of the period of validity of such certificate of maintenance, or shall, in terms of paragraph (3) of regulation 79, cause a copy of the entry to be made in the aircraft log book, engine log book or propeller log book, whichever is appropriate, kept in respect of the aircraft.
(12) If no copy of an entry is made in the appropriate log book, the operator shall, as soon as is reasonably practicable, and in any case within six months of the expiry of the period of validity of such certificate of maintenance, cause particulars sufficient to identify the entry to be written in such log book.
(13) A certificate of maintenance may be issued for the purposes of this regulation only by—
(a) the holder of a license granted under these Regulations as an aircraft maintenance engineer, being a license of appropriate category in accordance with regulation 115; or
(b) the holder of a license as such an engineer granted under the law of a country other than Zambia and rendered valid under these Regulations, in accordance with the privileges endorsed on the license; or
(c) a person whom the Director has authorised to issue a certificate of maintenance in a particular case, and in accordance with that authority:
Provided that, upon approving a maintenance schedule, the Director may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in his direction, may be issued only by the holder of such license as is so specified.
(14) The rectification of any defect in terms of sub-regulation (10) shall be certified by an aircraft maintenance engineer holding an appropriately rated license in Category A, C, X or A(R) in respect of the relevant type of aircraft, engine, instrument, accessory or radio which has been granted or rendered valid under these Regulations, or by a person authorised in writing by the Director for that purpose.
(15) In such cases as the Director may approve, a certificate of maintenance in respect of a locally registered aircraft may be issued by the holder of a license as an aircraft maintenance engineer which has been granted or rendered valid by the duly competent authority in any country specified by the Director, and a defect may likewise be rectified.
[S 46 am by SI 221 of 1968, 345 of 1969, 212 of 1973.]
47. Inspection of public transport aircraft for issue of certificate
The following provisions shall apply to the maintenance and inspection of any public transport aircraft carried out in connection with the issue of a certificate of maintenance:
(a) prior to the issue of a certificate of maintenance, the operator of the aircraft shall furnish such information as may be necessary to enable the aircraft maintenance engineers who are to sign the certificate to be satisfied that up to the date of issue of such certificate all maintenance and inspection required to be carried out in accordance with the maintenance schedules for the aircraft has been so carried out;
(b) the aircraft (including the instruments and equipment prescribed in Part IV but excluding its engines and engine installations and all instruments relating thereto) shall, subject to the provisions of paragraph (d), be certified in the form and manner shown in the Fourth Schedule by the holder of an aircraft maintenance engineer’s license in Category A in respect of such aircraft;
(c) in the case of a flying machine or an airship, the engines and engine installations and the instruments prescribed in Part IV relating thereto shall, subject to the provisions of paragraph (d), be certified in the form and manner shown in the Fourth Schedule by the holder of an aircraft maintenance engineer’s license in Category C in respect of such engines;
(d) the aircraft and engines may be certified by the same aircraft maintenance engineer if he is the holder of an aircraft maintenance engineer’s license both in Category A and Category C in respect of such aircraft and engines:
Provided that the magnetic compasses may be adjusted and compensated by the holder of an airline transport pilot’s license, a senior commercial pilot’s license or a flight navigator’s license, who shall certify to that effect on the deviation cards. In such case the next subsequent certificate of maintenance issued may be altered by inserting after the word "equipment" the words "other than magnetic compasses". Such alteration to a certificate of maintenance shall be initialed by the aircraft maintenance engineer who issues the certificate.
The certificate of maintenance issued in accordance with the provisions of sub-regulation (1) of regulation 46 shall, according to the class of the aircraft concerned, be in one of the forms prescribed in the Fourth Schedule, or in such other form as may be approved as suitable for the purpose.
49. Certificates in ink or indelible pencil
Every certificate of maintenance shall be prepared in ink or indelible pencil.
PART VIII
SAFETY PRECAUTIONS
50. Precautionary action to be taken by person in command
(1) The provisions of this regulation shall apply to locally registered aircraft.
(2) No aircraft shall fly or attempt to fly unless the person in command of the aircraft satisfies himself—
(a) that the aircraft is equipped with the appropriate instruments and equipment required in terms of Part IV and, in the case of an aircraft required to be equipped with radio apparatus, that the aircraft is so equipped, and that the aircraft and its instruments, equipment and radio apparatus are fit in every way for the proposed flight;
(b) that provision as may be necessary in the circumstances of the proposed flight has been made for the use of any of the devices prescribed in Part IV and for the taking of any similarly prescribed precautionary measures in the aircraft for the purpose of promoting the safety thereof;
(c) that the load carried is of such weight, and so distributed and secured, that it may safely be carried on the proposed flight;
(d) that the view of the pilot is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by reason of any discoloration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft;
(e) in the case of a flying machine or airship, that sufficient fuel and oil and cooling fluid (when required) are carried therein for the proposed flight, including a safe margin for contingencies, and that the output of electricity which will be available is sufficient to ensure the effective operation of all the electrical equipment installed in the aircraft which it is intended or which it may be necessary to bring into operation during the flight;
(f) in the case of a flying machine or glider, that the wings and control surfaces are free from ice and hoar frost;
(g) 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 proposed flight, it is capable of clearing by a safe margin the edge of the aerodrome of departure, of reaching and maintaining a safe height thereafter along the route of the proposed flight and of making a safe landing at the aerodrome of destination; and
(h) in the case of an airship or balloon—
(i) that sufficient ballast is carried for the proposed flight; and
(ii) that the conditions laid down in the certificate of airworthiness have been complied with.
(3) No aircraft shall fly or manoeuvre on land or water unless the pilot of the aircraft has taken all such steps as are practicable to secure that the windows, windscreens or side-screens of the aircraft through which he obtains his view forward or sideways are maintained in such a condition as not to obscure his view.
51. Exemption of training aircraft
The requirements specified in regulation 52 shall apply to locally registered public transport and locally registered aerial work aeroplanes other than public transport aeroplanes which are being used solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aeroplane.
52. Weight and performance requirements for public transport aircraft
Subject to the provisions of regulation 51, a public transport or aerial work aeroplane shall not fly or attempt to fly unless—
(1) the weight of such aeroplane immediately before the commencement of the proposed flight is such that one of the following conditions is complied with:
(a) the wing loading of the aeroplane does not exceed 20 lb. per square foot; or
(b) the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or
(c) the aeroplane, with any one of its engines inoperative and the remaining engines developing maximum continuous power, has a positive rate of climb at an altitude of 5,000 feet above sea level in conditions of standard atmosphere;
(2) the person in command of the aeroplane has satisfied himself that the distance estimated to be required for the take-off under the meteorological conditions prevailing at that time does not exceed the length of the landing strip to be used or the extent of the landing area measured in the direction in which the take-off will be made and that the aeroplane will be able to clear by a safe margin all obstructions in the flight path which the aeroplane will follow immediately after take-off;
(3) having regard to the best information available to him at the time of the start of the proposed flight of the meteorological conditions likely to prevail at the aerodrome of destination when the aeroplane arrives there, the person in command of the aeroplane has satisfied himself that the aeroplane will be able, when landing, to clear by a safe margin all obstructions in the vicinity of the aerodrome of destination and that the distance estimated to be required for the landing, under those conditions, does not exceed 70 per centum of the length of the appropriate landing strip or the extent of the landing area measured in the direction in which the landing is expected to be made;
Provided that, when a visual approach and landing is expected to be made, such estimated distance may be increased to 80 per centum of the length of the landing strip or the extent of the landing area;
(4) the person in command of the aeroplane is satisfied, in the event of the engine or any one of the engines becoming inoperative at any stage of the proposed flight subsequent to the take-off and initial climb, that—
(a) in the case of an aeroplane unable to comply with the provisions of sub-paragraph (c) of paragraph (1), the aeroplane could, having regard to the nature of the route of the proposed flight and to the meteorological conditions forecast as likely to prevail along the route, be flown at such heights as would enable the person in command to have sufficient time to select a safe landing place and make a landing thereat;
(b) in the case of an aeroplane unable to comply with any of the provisions of sub-paragraph (a) or (b) of paragraph (1), the weight of the aeroplane does not exceed the weight at which, having regard to the meteorological conditions to be expected on the route of the proposed flight, the aeroplane would be capable of maintaining a safe height until a landing could be made by a safe margin at an aerodrome either along the route (including the aerodrome of departure) or along a divergence from that route planned in advance to provide for such a contingency.
53. Measurement of distances for assessing performance
The distances and lengths mentioned in paragraphs (2) and (3) of regulation 52 shall be computed as follows—
(a) the take-off distance shall be measured along the ground (or water) in the direction of take-off from the point at which the aeroplane is to start its run for that purpose to the point above which the aeroplane after taking-off would attain a height of 50 feet above the ground (or water) and be flying at a safe speed;
(b) the landing distance shall be measured along the ground (or water) in the direction of landing from the point above which the aeroplane, when descending in preparation for landing, would be at a height of 50 feet above the ground (or water) and flying at a safe speed, to the point at which, on completion of its landing, it would first come to rest, or, in the case of a seaplane, first be under full control on the water;
(c) the length of the landing strip for take-off shall be that part of the surface of the aerodrome of departure which is available for the purpose and is free from obstructions, measured in the direction in which the take-off is to be made from the point at which the aeroplane is to commence its run for that purpose to the limit of the available aerodrome surface; and
(d) the length of the landing strip for landing shall be that part of the surface of the aerodrome of destination which is available for the purpose and is free from obstructions, measured in the direction in which the landing is expected to be made.
(1) A locally registered public transport aircraft shall not fly or attempt to fly unless—
(a) the operator of the aircraft has obtained the approval of the Director to written loading instructions in respect of the aircraft;
(b) the loading thereof for the proposed flight has been carried out in accordance with the said instructions and such conditions as may be prescribed; and
(c) the person superintending the loading of the aircraft for the proposed flight has made out, signed, and dated a load sheet in duplicate containing the particulars specified in sub-regulation (2), and the said load sheet has been submitted to and examined by the person in command of the aircraft in order to assist him to ascertain, for the purpose of paragraph (c) of sub-regulation (2) of regulation 50, whether the load carried by the aircraft is of such weight and so distributed and secured that it may safely be carried on the proposed flight:
Provided that the requirements of this paragraph shall not apply in respect of a flight to be made by a public transport aeroplane—
(i) solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aeroplane; or
(ii) as a local pleasure flight of short duration commencing from and finishing at one and the same aerodrome with no intermediate landing.
(2) Every load sheet required in accordance with the provisions of paragraph (c) of sub-regulation (1) shall contain—
(a) particulars of the nationality and registration marks of the aeroplane;
(b) sufficient data to enable the particular flight to be readily identified;
(c) particulars of the several weights (e.g. weight empty, removable equipment, fuel and oil, passengers, goods, etc.) from which the total weight of the aeroplane as loaded has been computed; and
(d) a certificate by the person superintending the loading of the aeroplane that the load has been distributed in accordance with the written loading instructions submitted to the Director and approved by him in respect of the aeroplane.
(3) Except as provided in sub-regulation (4), the weight of the crew and passengers of an aeroplane entered in the load sheet shall be computed from the actual weight of each person as ascertained by individual weighings.
(4) In respect of an aeroplane having a total seating capacity of 12 persons or more, the person superintending the loading of the aeroplane may, if so instructed by the person in command of the aeroplane, compute the weight of the crew and passengers to be entered in the load sheet in accordance with the following table of average weights instead of from the actual weight of each person as ascertained by individual weighings:
For adult males, including crew
165 lb
For adult females, including crew
143 lb
For children of either sex two years of age, or more, but less than 12 years
85 lb
For infants under two years of age
17 lb (5) The person in command of an aeroplane shall, however, have regard to any undue preponderance among the persons to be carried of persons appearing to be above the average weights as set out in the above table and shall, if he considers it necessary, require the actual weights of such persons to be ascertained by individual weighings.
(6) Whenever the weights of persons entered in a load sheet are average weights computed in accordance with the table set out in sub-regulation (4), the load sheet shall be endorsed to show that the said method of computation has been used.
(1) Subject to the provisions of sub-regulation (2), a public transport aeroplane shall not carry out or attempt to carry out a flight over water in the course of which the aeroplane may at any time be more than 30 minutes’ flying distance in still air from the nearest shore calculated at the most economical cruising speed of the aeroplane at sea level, according to the best information available, unless the person in command has satisfied himself—
(a) that the weight and performance of the aeroplane is such that the condition specified in sub-paragraph (c) of paragraph (1) of regulation 52 can be complied with; and
(b) that the quantity of fuel carried by the aeroplane is sufficient to ensure that, in the event of failure of one of its engines during the period of the flight over water, the aeroplane could safely reach the nearest landing ground.
(2) Subject to the provisions of sub-regulation (3), a public transport aeroplane in respect of which the requirements specified in sub-regulation (1) cannot be complied with may nevertheless carry out or attempt to carry out a flight over water in the circumstances mentioned in sub-regulation (1) provided that the equipment specified in sub-paragraph (a) of paragraph (6) of regulation 28 is carried in the aeroplane.
(3) A public transport aeroplane shall not carry out or attempt to carry out a flight over water in the course of which the aeroplane may at any time be more than 90 minutes’ flying distance in still air from the nearest shore calculated at the most economical cruising speed of the aeroplane at sea level, according to the best information available, unless—
(a) the person in command has satisfied himself that the requirements specified in sub-regulation (1) are complied with; and
(b) the equipment (i.e. dinghies, etc.) specified in sub-paragraph (a) of paragraph (6) of regulation 28 is carried in the aeroplane.
(1) If aircraft about to fly consist of one or more flying machines with a glider or gliders in tow, they shall not fly or attempt to fly unless the person in command of the flying machine, or, if there is more than one flying machine, the person in command of one of them who is to be in charge of the tow, has satisfied himself that—
(a) the types of the flying machine or flying machines and the glider or gliders are such as to form a combination which is in accordance with the authorisations as to towing operations included in the terms of the certificates of airworthiness or any validation of such a certificate in force in respect of such aircraft;
(b) the tow rope or ropes to be used are in good condition and of adequate strength for the purpose of the towing operation; and
(c) the weights of the flying machine or flying machines and the glider or gliders considered in combination are such as to satisfy on the proposed flight the requirements of paragraph (g) of sub-regulation (2) of regulation 50 and, where applicable, of regulation 52.
(2) In the case of a public transport aircraft, which for the purpose of this sub-regulation shall be deemed to include an aircraft belonging to or being flown under arrangements made by a flying club and carrying a member of the club whether for the purpose of instruction or otherwise, the person in command thereof, if other than the operator of the aircraft, shall, immediately on the termination of any flight in which the aircraft has been engaged, furnish to the operator of the aircraft or to the representative of such operator particulars of any defects in the aircraft including its engines, components, accessories, instruments, equipment and apparatus and their installations, observed by him during the flight.
(3) No aircraft which is a flying machine or glider shall carry out any trick flying or exhibition flying while carrying passengers for hire or reward unless the person in command of the flying machine or glider has satisfied himself before commencing the flight that every passenger (whether carried for hire or reward or not) and the pilot (or pilots, if more than one) are properly secured by the safety harness or other similar devices carried in accordance with Part IV and maintained in a fit condition for immediate use in the flying machine or glider.
PART IX
NAVIGATIONAL RESTRICTIONS, MANAGEMENT OF AIRCRAFT AND SAFETY PROVISIONS
(1) The Director may, by notice to airmen—
(a) specify within Zambia control zones, control areas, airways, flight information centres and regions, corridors and flight advisory routes;
(b) restrict, prohibit and control the flying of aircraft in any such control zone, control area, airway, flight information region, corridor or flight advisory route or in such other area of Zambia as he may specify in such notice.
(2) No aircraft shall fly in contravention of the provisions of any notice to airmen made in terms of paragraph (b) of sub-regulation (1).
[Am by GN 387 of 1963.]
(1) If it is brought to the notice of the Director—
(a) that a large number of persons are likely to gather in any area in Zambia for the purpose of witnessing some event of public interest; or
(b) that any area in Zambia is to be used for purposes relating to national defence which render expedient the temporary restriction of the flying of aircraft within or in the neighbourhood of such area; the Director may, by a notice to airmen, impose such temporary restriction on the flying of aircraft within or in the neighbourhood of any such area as he may consider expedient in the interest of public safety, and no aircraft shall fly in contravention of any such notice.
(2) No aircraft race, contest, exhibition of flying or air rally shall be held unless the Director has first given permission in writing for the event to take place. In giving permission, the Director may impose such conditions as he may consider expedient in the interest of public safety and the safety of those persons taking part. The Director may also, by a notice to airmen, impose such temporary restrictions on the flying of aircraft as may be required with respect to an area affected by such race, contest, exhibition or rally, and no aircraft shall fly in contravention of such notice.
(3) Any notice to airmen made in pursuance of this regulation shall specify the area or areas to which the restrictions extend and the time or times during which the restrictions are to be in force, and, in the case of restrictions applying only to aircraft of, or other than, any particular class or description, the class or description of aircraft to which the restrictions apply, or do not apply, as the case may be.
[Am by GN 151 of 1957, 387 of 1963.]
59. Carriage of munitions of war forbidden
No aircraft shall carry munitions of war or implements of war.
60. Carriage of dangerous goods
(1) No person shall carry in—
(a) any aircraft in or over Zambia; or
(b) any locally registered aircraft when flying outside Zambia;
any dangerous goods except with the permission in writing of the Director and subject to any conditions imposed in such permission:
Provided that the permission of the Director shall not be required for the carriage of—
(i) safety cartridges, so long as, when carried as cargo in an aircraft carrying passengers or goods for hire or reward, such cartridges are packed in substantial tin-lined wooden cases in such a manner as to ensure that there is not undue movement within the package; and
(ii) any article of equipment of the aircraft or any article required for the purposes of the operation, navigation or safety of the aircraft or the safety or well-being of any person or persons on board, so long as, in the case of a locally registered aircraft, fuel and oil are carried in the fuel and oil tanks of such aircraft or in special stowage approved in writing for the purpose by or under the authority of the Director and articles of an inflammable nature required in connection with the navigation or safety of the aircraft are of a type approved in writing by or under the authority of the Director.
(2) Any person consigning for carriage by any aircraft any dangerous goods shall—
(a) mark distinctly on the outside of the package or container containing such goods their nature, weight and quantity;
(b) give to the carrier of the goods written notice of such nature, weight and quantity and of the name and address of the sender thereof by means of an air consignment note coloured red or bearing the words "dangerous goods" in prominent red letters; and
(c) in any case where the permission in writing of the Director given under sub-regulation (1) is required for the carriage of such goods, attach such permission to the air consignment note:
Provided that —
(i) paragraph (b) in so far as it requires the air consignment note to be coloured red or to bear the words "dangerous goods" in prominent red letters shall not apply to the case of the carriage of safety cartridges in accordance with proviso (i) to sub-regulation (1);
(ii) the provisions of this sub-regulation shall not apply to the carriage of equipment or other articles in accordance with proviso (ii) to sub-regulation (1).
(3) Any person who consigns by air any dangerous goods other than safety cartridges packed in the manner prescribed in proviso (i) to sub-regulation (1) or articles of equipment mentioned in proviso (ii) to sub-regulation (1) shall inform the person in command of the aircraft of the nature, weight and quantity of the goods at or before the time of sending such goods to be carried or taken on board the aircraft.
(4) In this regulation—
“dangerous goods” means any explosive substance and any other goods (whether explosive or not) which by reason of their nature are liable to endanger the safety of the aircraft or persons on board the aircraft;
“safety cartridge” means any cartridge used in small arms which is so constructed that—
(a) after firing, the case of the cartridge may be extracted;
(b) an explosion in one cartridge cannot be communicated to any other cartridge.
(5) The provisions of this regulation shall be in addition to and not in derogation of the provisions of regulation 59.
[Am by GN 387 of 1963.]
61. Restrictions on captive balloons, kites and moored airships
(1) (a) (i) A captive balloon shall not be flown within Zambia;
(ii) A kite shall not be flown within Zambia at a distance of less than 3 miles from the boundary of an aerodrome or be elevated at any place within Zambia above a height of 200 feet from ground level; and
(iii) An airship shall not be moored at any place within Zambia;
except with the permission in writing of the Director and subject to any conditions which may be prescribed or specified in such permission.
(b) The Director may, on the granting of such permission or subsequently, direct that any of the provisions of these Regulations which he may specify shall not apply to a particular captive balloon, kite or airship, as the case may be, or shall apply thereto subject to any modification which he may consider to be required in the circumstances of the case.
(2) An application for the permission referred to in sub-regulation (1) shall be made to the Director and in connection therewith the applicant shall furnish the director with particulars and information in accordance with such requirements as he may require.
(3) A captive balloon or kite flown within Zambia and an airship when moored at any place within Zambia shall comply with such conditions as to mooring, lighting and marking as the Director may in the circumstances of any particular case impose.
[Am by GN 387 of 1963.]
62. Imperiling safety of aircraft
No person shall commit any act likely to imperil the safety of an aircraft or any person on board, whether by interference with any member of the personnel of the aircraft, or by tampering with the aircraft or its equipment, or by disorderly conduct or by any other means.
(1) No person shall enter or be in any aircraft while in a state of intoxication.
(2) No person, while acting as a member of the personnel of an aircraft or carried in an aircraft for the purpose of so acting, shall be in a state in which his capacity so to act is impaired by reason of his having taken any intoxicating liquor or taken or used any sedative, narcotic or stimulant drug or preparation prior to embarkation or in flight.
(3) No aircraft shall fly or commence to fly carrying any person who is acting in contravention of this regulation.
(1) No locally registered aircraft shall fly unless the certificate of airworthiness of such aircraft contains a condition stating in what compartment or compartments of the aircraft smoking is or is not permissible.
(2) No locally registered aircraft shall fly unless the operator of such aircraft causes to be exhibited and kept exhibited in a conspicuous place in every compartment (including every control cabin) of the aircraft a legible notice, consistent with the conditions referred to in sub-regulation (1), stating either that smoking is or that smoking is not permitted in that compartment and no person shall smoke in any compartment of the aircraft unless smoking therein is stated by such notice to be permitted.
No locally registered aircraft shall fly unless such particulars of or notice relating to the design, construction and weight of the aircraft or the equipment thereof or to any restrictions to be observed and precautions to be taken to secure the safety of the aircraft are exhibited in such manner and in such places in the aircraft as are prescribed in Parts IV, V, VIII and IX or as may in any particular case be required by the Director.
No locally registered aircraft carrying passengers for hire or reward, or, if the carriage is effected by an air transport undertaking whether for hire or reward or not, shall fly unless—
(a) every means of exit from the aircraft and from every passenger compartment therein is kept free from obstruction and no such means of exit is so fastened by locking or otherwise as to hinder the immediate use thereof in an emergency; and
(b) the position of every such means of exit which is specially provided for use in an emergency is clearly marked with the words "Emergency Exit" and in each case the method of operation is indicated.
67. Persons not to be carried in certain parts of aircraft
(1) When any aircraft is flying within Zambia no person shall at any time be carried on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not designed for the accommodation of the personnel or passengers, or on or in anything (other than a glider or a flying machine) attached to the aircraft:
Provided that—
(a) nothing in this regulation shall prevent a person having temporary access—
(i) to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the machinery or equipment thereof or for the purpose of doing anything which may be necessary for the safety of the aircraft or persons or goods carried therein; or
(ii) to any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided; and
(b) a person may be carried on or in any part of the aircraft, or anything attached thereto, with the permission in writing of the Director and subject to any conditions which may be specified in that permission.
(2) No aircraft shall fly or commence to fly carrying any person who is acting in contravention of this regulation.
[Am by GN 387 of 1963.]
(1) Subject to the provisions of sub-regulation (2), no flying machine shall fly towing another aircraft, other than a glider of which the maximum total weight authorised does not exceed 1,250 lb. and no aircraft, other than such a glider as aforesaid, shall be towed in flight by a flying machine unless the pilot in charge of the flying machine is entitled or permitted in accordance with the provisions of this regulation to fly as pilot in charge of a flying machine towing another aircraft.
(2) Save with the special permission in writing of the Director and subject to any conditions or limitations contained therein, a person shall not fly or attempt to fly as pilot in charge of a flying machine towing another aircraft, other than such a glider as aforesaid, unless he is the holder of a pilot’s license (flying machines) granted or rendered valid under these Regulations and is entitled by virtue of a towing rating included in such license to fly as pilot in charge of a flying machine towing another aircraft:
Provided that the holder of such a license may fly within Zambia as pilot in charge of a flying machine towing another aircraft if he flies in accordance with the provisions of regulation 109 and for the purpose of becoming qualified to have a towing rating included in his license. For this purpose he may also fly as pilot in charge of any other aircraft, notwithstanding that his license does not entitle him to fly as pilot thereof, which he may be required to fly in order to comply with the requirements set out in sub-regulation (3).
(3) The provisions of this sub-regulation shall have effect with respect to the towing rating required under sub-regulation (2)—
(a) the rating may be included by the Director in a license on application being made and on the Director being satisfied that the applicant is qualified in accordance with the requirements for the rating;
(b) the rating shall, subject to the provisions of regulation 83, continue in operation while the license in which it is included remains in force:
Provided that upon the renewal of such license the holder thereof may be required to satisfy the Director in accordance with the provisions of regulation 109 that the rating may so continue in operation;
(c) application for the rating shall be made in accordance with the provisions of regulation 109 and the applicant shall furnish the Director with such particulars as he may require in connection therewith.
[Am by GN 387 of 1963.]
69. Control of aircraft by young persons
(1) Subject to the provisions of sub-regulation (2), no person under the age of 17 years shall have sole control of any aircraft in motion.
(2) A person over the age of 14 years may have sole control of a glider in motion, if—
(a) such person is exercising control thereof in accordance with arrangements made for the supervision of that person by a gliding club of which he is a member;
(b) if the glider is being towed by a flying machine, the authorised maximum total weight of the glider does not exceed 1,250 lb.
(3) No person shall cause or permit—
(a) any person under the age of 17 years to have sole control of an aircraft in motion other than a glider;
(b) any person under the age of 14 years to have sole control of any glider;
(c) any person who has attained the age of 14 years but not the age of 17 years to have sole control of any glider unless compliance is made with the provisions of sub-regulation (2).
70. Special signals and other communications
The Director may, for the purpose of promoting the safety of aircraft, approve and publish by means of a notice to airmen any special rule or rules as to signals and other communications to be made by or to an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precaution to be observed in relation to the navigation and control of aircraft which the Director may consider expedient for the purpose aforesaid, and no aircraft shall fly in contravention of any such rules.
PART X
OPERATIONAL TRAINING AND OPERATIONS MANUAL
71. Training of operating crew, Operations Manual and aerodrome meteorological minima
(1) In this regulation—
“aerodrome meterological minima” means minimum heights of cloud base and minimum values of visibility defined for the purpose of determining the suitability of an aerodrome either for take-off or landing;
“alternate aerodrome” means an aerodrome selected prior to take-off to which a flight may proceed when a landing at the intended destination becomes inadvisable;
“appropriate authority” means the national authority of a contracting State responsible for the safety of air navigation over the territory of that State and, in the case of Zambia, means the Director;
“flight time” means the period from the moment at which an aircraft first moves under its own power for the purpose of taking off for a flight until the moment at which it comes to rest at the end of that flight during which a member of the operating crew of the aircraft is engaged in discharging or remains liable to discharge his duties and responsibilities in the capacity in which he is acting as such member.
(2) The provisions of this regulation shall apply to every locally registered public transport aircraft, except that—
(a) the said provisions shall not apply to such aircraft which are being used solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aircraft; and
(b) sub-regulations (5), (6), (8), (10), (11) and (12) shall not apply to such aircraft having a maximum weight of less than 12,500 lb. when operated on a non-scheduled journey and in accordance with visual flight rules.
(3) The operator of the aircraft (hereinafter in this regulation called "the operator") shall ensure that every member of the operating crew thereof is fully instructed in the duties and responsibilities to be discharged by him in the capacity in which he is acting as such member and in the relationship of such duties and responsibilities to the operations system on any air route over which he may be called upon to discharge the same and that he has adequate knowledge of every such air route.
(4) The operator shall ensure that every member of the operating crew has training, practice and periodical tests in accordance with such requirements as may be notified with respect to those matters.
(5) The operator shall provide for the use and guidance of the members of the operating crew an Operations Manual containing such particulars as may be notified, such further information as to the conduct of flying operations as will enable them to become fully acquainted with the nature of such operations and clearly outlining the duties and responsibilities of each of them, and the particulars referred to in sub-regulation (8).
(6) The provisions of this sub-regulation shall have effect with respect to the said Manual—
(a) the operator shall cause the Manual to be revised from time to time as may be
necessary in consequence of any change affecting the operation of the aircraft or the equipment thereof or as may otherwise appear to the operator to be necessary or as may be required by the Director;
(b) the operator shall cause copies of the Manual and of any revised portion thereof to be furnished to the members of the operating crew and to such other persons as appear to the operator to be persons to whom it is necessary or expedient that such copies should be supplied or as may be designated by the Director;
(c) the operator shall ensure that all copies of the Manual in the hands of members of the operating crew are kept so revised as to show at any time any variation which may then have been made in the requirements with respect to the matters to which the Manual relates.
(7) The operator shall maintain current records of the flight times of every member of the operating crew and shall establish limitations on those flight times in accordance with the provisions of regulation 74 to ensure that the safety of the aircraft is not endangered by reason of fatigue of any such member attributable to the length or frequency of his flight times.
(8) (a) In respect of any flight to be made by the aircraft on a scheduled journey, the operator shall establish in the said Manual—
(i) the aerodrome meterological minima for each aerodrome of intended destination and any alternate aerodrome on the route of such a flight:
Provided that no such minima for any particular aerodrome shall be lower than the aerodrome meteorological minima, if any, for that aerodrome established by the appropriate authority, unless such minima have been specifically approved by or on behalf of that authority;
(ii) the minimum safe flight altitudes for each route to be flown;
(iii) a route guide for each route flown, containing information relating to communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary for the proper conduct of flight operations.
(b) In respect of any flight to be made by the aircraft otherwise than on a scheduled journey, the operator shall establish in the said Manual—
(i) the method by which the aerodrome meteorological minima for each aerodrome of intended destination and any alternate aerodrome on the route of such a flight shall be determined:
Provided that, if any such aerodrome will frequently be used, the operator shall establish such minima for that aerodrome and shall specify such minima in the said Manual;
(ii) the method of determining minimum safe flight altitudes;
(iii) instructions regarding the procurement of detailed information with respect to communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary.
(c) In respect of any flight to be made by the aircraft on all journeys, the operator shall establish in the said Manual—
(i) instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations;
(ii) the flight crew for each type of operation to be conducted including the designation of the succession of command;
(iii) emergency flight procedures, including procedures for pilots-in-command observing an accident;
(iv) the circumstances in which a radio listening watch is to be maintained;
(v) a list of the navigational equipment to be carried;
(vi) specific instructions for the computation of the quantities of fuel and oil to be carried having regard to all circumstances of the operation including the possibility of the failure of one or more power plants while en route;
(vii) the conditions under which oxygen shall be used.
(9) When a flight is planned and the meteorological information obtained by the person in command of the aircraft indicates that Instrument Flight Rules will be in force at the aerodrome of first intended landing, the person in command shall select an alternate aerodrome unless no such aerodrome suitable for use in the circumstances of the case is available.
(10) Prior to commencing a flight, the person in command of the aircraft shall obtain the aerodrome meterological minima for take-off at the aerodrome of departure and for landing at the aerodrome of first intended landing, and, if the provisions of sub-regulation (9) apply, the aerodrome meteorological minima for landing at any alternate aerodrome selected by him, as specified in the said Manual, or, in a case where such minima are not so specified, as determined by him in accordance with the method specified in the said Manual:
Provided that, if the minima for any such aerodrome are determined by the person in command in accordance with the method specified in the Manual, they shall not be lower than the aerodrome meterorological minima, if any, for that aerodrome established by the appropriate authority, unless such minima have been specifically approved by or on behalf of that authority.
(11) The aircraft shall not commence a flight unless the meterological information obtained by the person in command thereof indicates that weather conditions at the aerodrome of first landing or, if the provisions of sub-regulation (9) apply, at any alternate aerodrome selected by him, will at the estimated time of arrival at that aerodrome be at or above the aerodrome meteorological minima for landing at that aerodrome as specified in the said Manual or, as determined by him in accordance with the provisions of sub-regulation (12), as the case may be.
(12) The aircraft shall not, unless compelled by accident or other unavoidable cause, continue its approach to landing at any aerodrome beyond a point at which the limits of the aerodrome meteorological minima for landing at that aerodrome as specified in the said Manual, or, as determined by the person in command thereof in accordance with the provisions of sub-regulation (10), as the case may be, would be passed.
(13) The Director may take such measures as he may consider necessary to satisfy himself that the provisions of sub-regulations (3) to (8) are being complied with by the operator.
[Am by GN 269 of 1957, 387 of 1963.]
PART XI
OPERATING CREW
(1) Subject to the provisions of this regulation, no person shall fly or attempt to fly as a member of the operating crew of a locally registered aircraft unless he is the holder of a license granted or rendered valid under these Regulations.
(2) No person shall fly or attempt to fly within Zambia as a member of the operating crew of an aircraft registered outside Zambia unless he is the holder of a license granted or rendered valid under the law of the country in which the aircraft is registered.
(3) No aircraft shall fly or attempt to fly unless every member of the operating crew thereof is the holder of the license which he is required to hold under the provisions of this Part.
(4) For the purposes of this regulation, "license" means a license which entitles the holder thereof to act in the capacity in which he is flying as a member of the operating crew of an aircraft having regard to the privileges conferred by the license and any limitation affecting such privileges in relation to the class, type and description of the aircraft or otherwise and to the circumstances of the flight in which the aircraft is engaged.
(5) For the purposes of this regulation, a person shall not be deemed to be a member of the operating crew of an aircraft—
(a) if he is flying in accordance with the provisions of these Regulations for the purpose of becoming qualified for the grant or renewal of a pilot’s license of any class; or
(b) if he is flying in accordance with the provisions of these Regulations for the purpose of undergoing tests or receiving instruction in flying required to be undertaken for admission into any military or naval air force.
(6) (a) The holder of a pilot’s license of any class may fly as pilot in charge of classes or types of aircraft other than those to which the license applies if he flies in accordance with the provisions of Part XIV and for the purpose of qualifying for an extension of the aircraft rating included in the license to cover additional classes or types of aircraft.
(b) A person may fly in accordance with the provisions of paragraph (a) as pilot in charge of a public transport flying machine provided that the license he holds entitles him to fly as pilot in charge of a public transport flying machine and every passenger carried in the flying machine is being carried for the purpose of being trained to perform duties as a member of the operating crew of a flying machine.
[Am by GN 387 of 1963; SI 153 of 1965.]
73. Operating crew to be carried
(1) No aircraft shall fly or attempt to fly unless the members of its operating crew are of the number and description required by the law of the country in which the aircraft is registered.
(2) No locally registered aircraft shall fly unless the number and description of the members of the operating crew carried in such aircraft and the arrangements made as to their duties are in accordance with the following requirements:
(a) Minimum crew for any flight.
On all flights an aircraft shall have on board, for the purpose of acting as members of the operating crew, the number and description of persons specified as the minimum operating crew for that aircraft in its certificate of airworthiness.
(b) Carriage of a flight engineer.
Where a flight engineer is required by the terms of the certificate of airworthiness to be carried in an aircraft, and a separate flight engineer’s station is incorporated in the design of the aircraft, a flight engineer, qualified under the terms of his license to act in that capacity in the aircraft, shall be carried and assigned for duties only at the said station unless the operating crew includes a person, licensed for flight duties in another capacity and being also the holder of the appropriate flight engineer’s license who could, without interference with his normal duties, carry out satisfactorily the duties also of flight engineer, in which case that person may act in the capacity of flight engineer.
(c) Carriage of additional pilots.
(i) When an aircraft carries two or more pilots as members of the operating crew—
A. one of them shall, before the flight commences, be designated by the operator of the aircraft as the senior pilot and the other pilots shall act only under his direction;
B. two pilots shall remain at the controls when the aircraft is departing from or landing at an aerodrome; and
C. at least one pilot shall remain at the controls at all times during flight.
(ii) A public transport flying machine having a maximum total weight authorised of more than 22,550 lb. when departing from or arriving at an aerodrome in instrument meteorological conditions as defined in regulation 2 of the Aviation (Rules of the Air) Regulations shall carry, to act in the capacity of second pilot and for the particular purpose of assisting the senior pilot during such departure and arrival as aforesaid, a person who is the holder of a commercial, senior commercial or airline transport pilot’s license (flying machines) including an instrument rating.
(d) Carriage of a flight navigator.
(i) A public transport flying machine carrying out—
A. a flight during the course of which it may be over water for a great circle distance of more than 1,000 nautical miles; or
B. a flight without landing for a great circle distance of more than 1,500 nautical miles;
shall have on board to act in the capacity of flight navigator a person who is the holder of a flight navigator’s license. Save as provided in sub-paragraph (ii), he shall be a separate person from any other member of the operating crew and shall not carry out any duties in the flying machine other than navigational duties.
(ii) When a pilot and second pilot are carried, either the pilot or the second pilot, whichever is licensed as a flight navigator, may be responsible for the navigation of the flying machine if he holds a commercial, senior commercial or airline transport pilot’s license (flying machines) having an aircraft rating in respect of the particular type of flying machine.
(3) The Director may vary any of the requirements prescribed in sub-regulation (2) or add further requirements thereto including requirements with respect to the class, type and description of the aircraft or the circumstances of the flight in which it is engaged, or may exempt an aircraft from compliance with any of the prescribed requirements subject to such conditions, if any, as he may consider to be required, if in the circumstances of that case it appears to him to be expedient.
[Am by GN 269 of 1957.]
74. Duty time limitations for flight crews
(1) For the purposes of this regulation—
(a) a member of a flight crew shall be deemed to be performing duty during—
(i) the period commencing not less than 30 minutes before the scheduled time of the first take-off of the aeroplane on a flight and ending the moment the aeroplane moves under its own power before take-off on that flight;
(ii) any period spent on flying duty;
(iii) the period of 15 minutes immediately following the moment when the engines of the aeroplane are switched off after landing;
(iv) any period spent at an aerodrome or elsewhere in the course of a flight which is not a rest period;
(v) any period of dead head flying;
(b) "commander" means the person in charge of a public transport aircraft;
(c) "dead head flying" means any flying as a passenger by a member of a flight crew for the purpose of travelling to or from a duty assignment;
(d) "flying duty" means any period spent on duty as a member of the flight crew in an aeroplane while it is in actual flight, such period being calculated from the moment the aeroplane moves under its own power before take-off to the moment when the engines of the aeroplane are switched off after landing;
(f) "month" means any one of the 12 named parts into which a year is ordinarily divided in the calendar;
(g) "rest period" means a period during which no duties whatsoever are performed by a member of a flight crew in connection with the business of an air transport undertaking including any such period spent in an aeroplane equipped with sleeping quarters in terms of sub-paragraph (i) of paragraph (b) of sub-regulation (6) but not including any period spent in travelling to or from a duty assignment;
(h) "year" means a period of 12 months ending at midnight on the 31st December.
(2) No operator of an air transport undertaking shall cause, permit or schedule any member of a flight crew to perform duty or flying duty, and no member of a flight crew shall perform duty or flying duty, otherwise than in accordance with the provisions of this regulation.
(3) In relation to any flight or flights by an aeroplane with an operating crew of one pilot only—
(a) a pilot shall not perform duty for more than 11 hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 12 hours during any 24 consecutive hours:
Provided that he may exceed these limits for the purpose of dead head flying after he has performed 11 or 12 hours’ duty, as the case may be;
(b) a pilot shall not perform flying duty for more than eight hours during any 24 consecutive hours unless he has a continuous rest period of not less than eight hours’ duration at or before the end of eight hours’ flying duty, and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after he has performed 11 or 12 hours’ duty, as the case may be;
(c) a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;
(d) a pilot shall not perform flying duty for periods exceeding in the aggregate-
(i) 28 hours in any seven consecutive days;
(ii) ninety hours in any month;
(iii) nine hundred hours in any year.
(4) In relation to any flight or flights by an aeroplane with an operating crew of two pilots only or one pilot and one licensed member of an operating crew who is not a pilot—
(a) a pilot shall not perform duty for more than 12 hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 13 hours during any 24 consecutive hours:
Provided that he may exceed these limits for the purpose of dead head flying after he has performed 12 or 13 hours’ duty, as the case may be;
(b) a pilot shall not perform flying duty for more than nine hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 10 hours during any 24 consecutive hours unless he has a continuous rest period of not less than eight hours’ duration at or before the end of nine or 10 hours’ flying duty, as the case may be, and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after he has performed 12 or 13 hours’ duty, as the case may be;
(c) a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;
(d) a pilot shall not perform flying duty for periods exceeding in the aggregate-
(i) 32 hours in any seven consecutive days;
(ii) one hundred hours in any month;
(iii) nine hundred hours in any year.
(5) In relation to any flight or flights by an aeroplane with an operating crew of two pilots and one licensed member of an operating crew who is not a pilot—
(a) a pilot shall not, during any 24 consecutive hours, perform—
(i) duty for more than 15 hours; or
(ii) flying duty for more than eleven and a half hours; unless he has, before and after such duty, rested in accordance with paragraph (b);
Provided that these limits may be exceeded for the purpose of emergencies or dead head flying;
(b) a pilot shall have a continuous period of rest for eight hours’ duration and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after 15 hours’ duty; hours for every hour spent by him in dead head flying after he has performed 14 or 15 hours’ duty, as the case may be;
(c) a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;
(d) a pilot shall not perform flying duty for periods exceeding in the aggregate-
(i) 36 hours in any seven consecutive days;
(ii) one hundred hours in any month;
(iii) nine hundred hours in any year.
(6) In relation to any flight or flights by an aeroplane with an operating crew of three or more pilots and one or more licensed members of an operating crew who are not pilots—
(a) flying duty shall be scheduled in such a manner as to provide for adequate rest periods on the ground while the operating crew is away from base;
(b) when pilots are scheduled to proceed on a flight for a period exceeding 12 hours during any 24 consecutive hours—
(i) adequate sleeping quarters providing comfort in the fully prone position shall be available on the aeroplane; and
(ii) two pilots shall be designated proficient to act as pilot-in-command of the aeroplane by the operator of the air transport undertaking; and
(iii) the senior pilot-in-command shall ensure that adequate rest periods are given to members of the operating crew;
(c) upon return to base from any flight a pilot shall have at base a rest period of not less than twice the total number of hours of flying duty performed by him since his last rest period;
(d) a pilot shall not perform flying duty for periods exceeding in the aggregate—
(i) one hundred and twenty hours in any one month;
(ii) three hundred hours in any three consecutive months;
(iii) nine hundred hours in any year.
(7) Licensed members of an operating crew, who are not pilots, shall—
(a) perform duty and flying duty within the limits prescribed for pilots who are members of the same operating crew;
(b) have rest periods equal to those prescribed for pilots who are members of the same operating crew.
(8) Pilots assigned to instructional duties, who during any month exceed 20 hours’ flying duty spent in flight instruction, shall not perform more than eighty hours’ flying duty in that month.
(9) If a pilot performs flying duty as a member of more than one of the operating crews referred to in sub-regulations (3), (4), (5) and (6), then the aggregate of his periods of flying duty in any month shall not exceed the limit prescribed for that aggregate in respect of a pilot member of that operating crew, with which the pilot has operated, which contains the least number of pilots:
Provided that if a pilot performs flying duty for a total period of not more than 10 hours as a member of an operating crew or crews containing a lesser number of pilots than any other operating crew to which he is assigned, then the provisions of this sub-regulation shall not apply.
(10) In times of any public emergency the limits of duty and flying duty fixed in this regulation may, with the permission of the Director, be exceeded to an extent to be determined by the Director when he grants permission.
(11) A person shall be deemed not to have contravened the provisions of this regulation by making any flight during which he exceeds the limits of duty or flying duty or does not have the rest period fixed in this regulation and applicable to that person, if he proves—
(a) that he was only flying at that time due to an unavoidable delay in completing the flight; and
(b) that before commencing the flight he could not reasonably have foreseen that any delay in completing it was likely to occur.
(12) Notwithstanding anything to the contrary contained in this regulation, the commander of a public transport aircraft may make or authorise any other person to make a flight in that aircraft in such circumstances that the commander or that other person, as the case may be, will exceed the limits of duty or flying duty or not have the rest period fixed in this regulation and applicable to the commander or that other person, if the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that other person makes that flight, and—
(a) it appears to the commander—
(i) that arrangements had been made for the flight to be made; and
(ii) if the flight had been made in terms of those arrangements, each member of the flight crew would not have exceeded the limits of duty or flying duty and would have had the rest period fixed in this regulation and applicable to him; and
(iii) that the flight had been or will be prevented from being made in accordance with those arrangements by reasons of—
A. exceptional circumstances; or
B. circumstances which were not foreseen as likely to prevent that flight from being made; or
(b) in the opinion of the commander the flight is one which ought to be made in the interests of the safety or health of any person.
(13) Where a flight is made in a public transport aircraft in terms of sub-regulation (12), a written report stating—
(a) the name of the person who made the flight; and
(b) the circumstances in which the flight was made; and
(c) the reason for making the flight;
shall be submitted by the commander to the operator of the aircraft who shall submit the report to the Director and furnish such further information relating to the flight as the Director may require.
[Am by GN 130 of 1962; SI 180 of 1985.]
(1) A student pilot shall credit the total flight time during which he is the sole manipulator of the controls or is being instructed towards the experience required for a private pilot license.
(2) A private pilot shall be entitled to be credited with the total flight time during which he acts as pilot-in-command and is the sole manipulator of the controls, towards the total flight time required for a higher grade of license.
(3) A private pilot, when acting as co-pilot in an aircraft normally required to be operated with a co-pilot, shall be entitled to be credited with not more than 50 per centum of such flight time towards the total flight time required for a commercial pilot license. Flight time so credited shall not exceed 50 hours.
(4) A commercial pilot or senior commercial pilot shall be entitled to be credited with the total flight time whilst acting as pilot-in-command.
(5) A commercial pilot or senior commercial pilot, whilst acting as co-pilot in an aircraft normally required to be operated with a co-pilot, shall be entitled to be credited with not more than 50 per centum of such flight time towards the total flight time required for a higher grade of pilot license.
(6) An airline transport pilot shall be entitled to be credited with the total flight time whilst acting as pilot-in-command or as co-pilot, provided that he is the holder of the appropriate category, class and type rating.
(7) A pilot actually manipulating the flight controls of an aircraft under actual or simulated instrument flight conditions solely by reference to instruments and without external reference points, shall be entitled to be credited with the instrument flight time thus acquired.
(8) Dual instruction time shall be counted in full towards the total flight time required for a higher grade of pilot license.
(9) Flight crew members other than the aforementioned shall be entitled to credit the flight time of any flight whilst acting in the respective category.
(10) A flight radio operator who, during flight, manipulates radio or radar equipment other than radio compass, direction-finding loop or communication equipment, shall be credited, under each type of equipment, with the flight time thus acquired.
(11) Where a flight crew member, other than a flight radio operator, undertakes the duties of a flight radio operator, he may credit the flight time spent exclusively on such duties in his radio operator log book and the log book applicable to his briefed flight-crew capacity.
PART XII
LOG BOOKS AND DOCUMENTS
(1) No locally registered aircraft shall fly unless the following log books are kept in respect of such aircraft:
(a) an aircraft log book;
(b) an engine log book, or if the aircraft is fitted with more than one engine, a separate log book for each engine;
(c) a variable pitch propeller log book, or if the aircraft is fitted with more than one such propeller, a separate log book for each propeller;
(d) in addition for every aircraft equipped with radio apparatus, a telecommunication log book.
(2) The following log books shall be in all essentials in the form of the authorised patterns:
Aircraft log book, other than for airships and balloons;
Engine log book;
Variable pitch propeller log book;
Personal flying log book.
(3) The log books specified in sub-regulation (2) may be obtained from the Director on payment of the appropriate fees.
[Am by GN 151 of 1957.]
All log books shall show all the information and particulars which are required to be supplied, and the instructions for use set out therein shall be followed.
[Am by GN 151 of 1957.]
No locally registered aircraft shall fly unless every member of the operating crew of such aircraft and every person flying in accordance with the provisions of these Regulations and the conditions prescribed for the purpose of becoming qualified for the grant or renewal of a license by the Director, or flying in accordance with the provisions of these Regulations for the purpose of undergoing tests or receiving instruction in flying required to be undertaken for admission into any military or naval air force, keeps a personal flying log book, and all flight time spent as a flight crew member is recorded therein. The form of log book and the manner in which log books are to be maintained shall be as notified.
[Am by SI 153 of 1965.]
The following provisions shall have effect with respect to the log books specified in regulations 76 and 78:
(1) All entries, other than preliminary data ordinarily furnished by the constructor in the original aircraft, engine and variable pitch propeller log books shall—
(a) in the case of a certificate under regulation 39, be made and signed in accordance with that regulation or regulation 40, as the case may be;
(b) in other cases, be made and signed by a licensed aircraft maintenance engineer:
Provided that—
(i) in respect of matters which could not have come to the notice of a licensed aircraft maintenance engineer, entries shall be made and signed by the pilot;
(ii) this sub-paragraph shall not apply in respect of any entry prescribed to be made by the persons referred to in regulation 40.
(2) Where repairs to an aircraft, engine or variable pitch propeller have been required in consequence either of damage caused by a forced landing or of defects which have occasioned a forced landing, the entry of such repairs made in the aircraft, engine or variable pitch propeller log book shall state that they have been so required and shall identify the forced landing in question.
(3) Entries in the personal flying log book shall be made at latest 24 hours after the events to which they relate, and entries in the aircraft, engine or variable pitch propeller log book shall be made at latest within 24 hours after the aircraft has been rendered airworthy by the execution of the work to which they relate or, if the work was performed whilst the aircraft was away from its station, within 24 hours of the return of the aircraft to its station.
(4) Every entry and signature in any log book shall be made in ink or indelible pencil.
(5) The log book, except the telecommunication log book, shall be preserved for a period of two years from the date of the last entry therein; the telecommunication log book shall be preserved for a period of at least six months from the date of the last entry therein and, in a case where that log book is required in connection with any inquiry or proceedings, for such longer period as may be required for the purposes thereof.
[Am by GN 151 of 1957.]
80. Documents to be carried in aircraft
(1) No aircraft shall fly unless it carries the documents required to be carried therein by the law of the country in which it is registered.
(2) There shall be carried in every locally registered aircraft—
(a) when engaged in international navigation—
(i) its certificate of registration;
(ii) its certificate of airworthiness;
(iii) the licenses of its operating crew;
(iv) sufficient copies of the general declaration form specified in the Fifth Schedule;
(v) [Revoked by SI 212 of 1973];
(vi) any license to install and operate radio apparatus in the aircraft for the time being in force;
(vii) in the case of a public transport aircraft, one of the duplicate copies of the certificate of maintenance which was last issued in respect of the aircraft;
(viii) in the case of a public transport aircraft, one of the duplicate copies of any load sheet relating to the aircraft required under these Regulations;
(ix) in the case of an aircraft carrying passengers, a list of their names and places of embarkation and destination;
(x) in the case of an aircraft carrying goods, a manifest of the goods;
(b) when not engaged in international navigation—
(i) if flying as a public transport aircraft, the documents specified in sub-paragraphs (i), (ii), (iii), (vi), and (vii) of paragraph (a) and the documents, if required, specified in sub-paragraph (viii) thereof;
(ii) if flying as an aerial work aircraft, the documents specified in sub-paragraphs (ii), (iii) and (vi) of paragraph (a);
(iii) when flying as a private aircraft, the documents specified in sub-paragraphs (ii), (iii) and (vi) of paragraph (a);
(iv) ...
[Revoked by SI 212 of 1973.]
(3) In any case where a certificate of airworthiness or a license required to be carried in an aircraft in accordance with the provisions of these Regulations has been rendered valid by a validation issued by the Director under these Regulations, there shall be carried in the aircraft with the certificate or license the validation so issued.
[Am by GN 641 of 1954, 151 of 1957; SI 212 of 1973.]
(1) No aircraft registered outside Zambia shall fly unless the documents required by these Regulations to be carried therein are kept in the form and manner required by the law of the country in which the aircraft is registered.
(2) No locally registered aircraft shall fly unless the certificate of airworthiness of such aircraft and, if such certificate has been rendered valid by a validation issued by the Director under these Regulations, the validation so issued is kept with the general declaration when the document is required under these Regulations to be carried in the aircraft.
(3) The provisions of this sub-regulation shall have effect with respect to the duplicate copies of a certificate of maintenance—
(a) one copy shall, if the certificate is issued by a person in the employment of the operator of the aircraft, be retained by the operator and, if not issued by such a person, shall be sent by the person in command of the aircraft to the operator thereof;
(b) no aircraft shall fly unless it carries the other copy kept with the general declaration whenever such document is required under these Regulations to be carried in the aircraft. When a further certificate is issued, the old copy of the certificate shall be sent by the person in command of the aircraft to the operator thereof;
(c) the operator of the aircraft shall preserve both copies until the expiration of a period of six months from the date of the certificate.
(4) The following provisions of this sub-regulation shall have effect with respect to the duplicate copies of a load sheet:
(a) after the load sheet has been completed and examined in accordance with the provisions of sub-regulation (1) of regulation 54, the operator of the aircraft shall cause one copy thereof to be sent to him;
(b) no aircraft shall fly unless it carries the other copy kept with the general declaration whenever such document is required under these Regulations to be carried in the aircraft. When the flight to which such copy relates has been completed, the person in command of the aircraft shall send it to the operator thereof;
(c) the operator of the aircraft shall preserve both copies until the expiration of six months from the date of completion thereof;
(d) in any case where the loading of the aircraft to which the load sheet relates forms the subject of inquiry or proceedings, the particulars contained in the load sheet shall be deemed to be correctly stated unless the contrary is proved.
(5) If the operator of an aircraft is also the person in command thereof, he shall cause the copy of the certificate of maintenance referred to in paragraph (a) of sub-regulation (3) or the copy of the load sheet referred to in paragraph (a) of sub-regulation (4), as the case may be, to be kept at his principal office or place of business and shall retain the copy of the certificate of maintenance referred to in paragraph (b) of sub-regulation (3) or the copy of the load sheet referred to in paragraph (b) of sub-regulation (4), as the case may be, for a period of six months after the issue in the one case of the further certificate referred to in paragraph (b) of sub-regulation (3) or the completion in the other case of the flight referred to in paragraph (b) of sub-regulation (4).
(6) As from the time when any copy of a certificate of maintenance or any load sheet becomes retainable by or transmissible to the operator of the aircraft, it shall not be carried in the aircraft to which it relates.
[Am by GN 641 of 1954, 151 of 1957, 387 of 1963.]
(1) The person in command of an aircraft shall, on demand made on the landing or departure of the aircraft by an authorised person, produce to that person any of the following documents relating to the aircraft or to persons or goods carried therein—
(a) its certificate of registration;
(b) any certificate of airworthiness for the time being in force with respect to the aircraft and, in the case of a locally registered public transport aircraft, one of the duplicate copies of its certificate of maintenance;
(c) the licenses of its operating crew, and the student pilot’s license of any person required under regulation 98 to be the holder of such a license;
(d) the general declaration in all cases in which the general declaration is required under these Regulations to be carried in the aircraft;
(e) ...
[Revoked by SI 212 of 1973.]
(f) any license to install and operate radio apparatus in the aircraft for the time being in force;
(g) in the case of a locally registered public transport aircraft, one of the duplicate copies of any load sheet relating to the aircraft which may be required under these Regulations;
(h) if it is engaged in international navigation and carries passengers, a list of their names and places of embarkation and destination;
(i) if it is engaged in international navigation and carries goods, a manifest of the goods:
Provided that, in the case of a locally registered aircraft which is within Zambia and is not engaged in international navigation, it shall be deemed to be a sufficient compliance with this regulation, as regards the production of the documents specified in paragraphs (b), (c), and (f) in the case of an aircraft flying as a public transport, aerial work, or private aircraft, and as regards the document specified in paragraph (g), if the person in command of such aircraft to whom any such demand has been made to produce any of the said documents, within five days after such demand has been made, produces or causes to be produced the document or documents so demanded at such police station as may be specified by such person in command at the time of such demand.
(2) (a) The operator of a locally registered aircraft shall, on demand made by an authorised person, produce or cause to be produced, within a reasonable time, to that person—
(i) any certificate of registration or certificate of airworthiness for the time being in force with respect to the aircraft;
(ii) one of the duplicate copies of any certificate of maintenance issued, or of any load sheet in respect of the aircraft completed and examined in accordance with the provisions of sub-regulation (1) of regulation 54 within the period of six months next before the date of the demand;
(iii) any general declaration or log book required by these Regulations to be kept in respect of the aircraft wherein any entry was made within the period of two years next before the date of the demand;
(iv) any license to install and operate radio apparatus in the aircraft for the time being in force.
(b) Any person having the possession or custody of any record or certificate made or given in accordance with requirements prescribed with respect to the maintenance and certification of radio apparatus in aircraft shall, on demand made by an authorised person, produce or cause to be produced such record or certificate.
(3) The holder of any license granted or rendered valid under these Regulations shall, on demand made by an authorised person, produce such license:
Provided that, if a demand is made for the production of a license granted under regulation 90 or rendered valid under sub-regulation (13) of regulation 90 which is not a license entitling the holder thereof to act in any capacity as a member of the operating crew of a public transport aircraft or an aerial work aircraft, it shall be deemed to be a sufficient compliance with this sub-regulation if the holder of such license, within five days after such demand has been made, produces or causes to be produced the license so demanded at such police station as may be specified by such holder at the time of such demand.
(4) Every person required in accordance with the provisions of regulation 78 to keep a personal flying log book shall, on demand by an authorised person, produce or cause to be produced, within a reasonable time, to that person any personal flying log book kept by him.
(5) If a certificate of airworthiness or a license required to be produced in accordance with the provisions of this regulation has been rendered valid by a validation issued by the Director under these Regulations, there shall be produced with the certificate or license the validation so issued.
(6) For the purposes of this regulation, "authorised person" includes a superior or commissioned police officer.
[Am by GN 641 of 1954, 151 of 1957, 387 of 1963; SI 212 of 1973.]
83. Powers of Director as to cancellation, etc., of documents
(1) The Director may, on sufficient ground being shown to his satisfaction after due investigation by him and with effect from such date as he may determine, cancel, suspend or endorse any certificate, license or other document issued under these Regulations, or cancel, suspend or vary any particulars or other matter entered by him in or on any such certificate, license or other document and may in any particular case provisionally suspend any such certificate, license or other document pending investigation of the case. Such cancellation, suspension or endorsement shall be subject to confirmation by the Minister.
(2) The holder or any person having the possession or custody of any certificate, license or other document issued under these Regulations shall, within a reasonable time after demand made by the Director, surrender the same to the Director.
(3) The Director may, on being satisfied that the original of any certificate, license or other document issued under these Regulations has been lost or destroyed, issue a copy thereof or a similar document in replacement thereof.
(4) Upon application being made to the Director for the renewal of any certificate, license or other document issued under these Regulations after such certificate, license or other document has ceased to be of force, the Director may, if he is satisfied that the conditions prescribed under these Regulations relating to the renewal of such certificate, license, or other document have been complied with, either renew the same or, if he thinks fit, issue to the applicant a fresh certificate, license or other document, as the case may be.
84. Forgery, etc., of documents
(1) No person shall with intent to deceive—
(a) forge, alter, assist in forging or altering, or procure to be forged or altered, any certificate, license or other document required by these Regulations or authorised by these Regulations to be issued; or
(b) use any such certificate, license or other document which has been forged, altered, cancelled or suspended, or to which he is not entitled; or
(c) lend any such certificate, license or other document to or allow it to be used by any other person; or
(d) make, assist in making, or procure to be made, any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, license or other document.
(2) No person shall mutilate, alter or render illegible any log book or any entry made therein, or willfully make, or procure or assist in the making of, any false entry in or omission from any log book, nor shall any person destroy any log book during the period for which it is required under these Regulations to be preserved.
(3) No person shall willfully or negligently make in a load sheet any entry which is incorrect in any material particular.
PART XIII
RADIOCOMMUNICATION AND TELECOMMUNICATION SERVICE
85. Aircraft to carry radio apparatus
No aircraft shall fly unless it is equipped with radio apparatus to such extent and in such manner as may be required by the law of the country in which the aircraft is registered.
86. Types of apparatus: modification: carriage of licensed operators
(1) A locally registered aircraft shall be equipped with such radio apparatus when engaged in any flight as the Director may from time to time require. Such radio apparatus shall be of such type and operational capacity as may be required by the duly competent authority of the country of manufacture or by the Director, and shall be installed in the aircraft in such manner as may be approved by the Director, and shall be maintained in working order:
Provided that the approval in writing of the Director shall be required as to each type of such radio apparatus and as to each aircraft radio station.
(2) No modification shall be made to any such radio apparatus or installations to which the approval of the Director in writing has been given without the approval of the Director.
(3) Every aircraft required under sub-regulation (1) to be equipped with radio apparatus shall carry the number of licensed flight radio operators or flight radiotelephony operators qualified to operate that apparatus required by paragraph (a) of sub-regulation (2) of regulation 73, and every such operator shall perform duties with respect to that apparatus in accordance with such requirements as may be prescribed by the Director or by international agreement:
Provided that—
(i) the Director may exempt any particular aircraft or type of aircraft from compliance with all or any of the requirements prescribed in this regulation subject, if he thinks fit in the circumstances of the case, to such conditions as he may impose;
(ii) an aircraft employed on a scheduled journey shall comply with such further conditions, relating to any of the matters mentioned in this regulation, as the Director may in any particular case impose in addition to such other conditions as may be prescribed in terms of this regulation;
(iii) nothing in sub-regulation (1) shall be deemed to prevent an aircraft, the radio apparatus in which has sustained any defect, from undertaking or continuing a flight to the nearest convenient place at which the defect can be remedied, if the person in command of the aircraft is satisfied that such flight can safely be performed having regard to the circumstances and exigencies of the case.
[Am by SI 345 of 1969.]
87. Operation of aircraft station
No aircraft shall fly unless the radio station on board such aircraft is operated in accordance with such conditions as may from time to time be prescribed by international agreement.
88. Laws relating to radio-telegraphy and radiotelephony
Nothing in these Regulations shall be deemed to affect any of the provisions of the laws relating to radiotelegraphy and radiotelephony.
For the purposes of this Part—
“licensed flight radio operator” means an operator who is the holder of a flight radio operator’s license granted under regulation 112.
89A. Telecommunication service charges
(1) An operator who owns radio navigation aids for domestic or international use by aircraft in Zambia shall maintain such aids to the highest standards possible and shall have them calibrated according to ICAO Standards.
(2) During calibration of the equipment the Director of Civil Aviation shall send an inspector to participate and make a report on the exercise.
(3) All telecommunication equipment at all airports in Zambia shall be inspected by the Director of Civil Aviation from time to time.
[Am by SI 177 of 1989.]
PART XIV
PERSONNEL LICENSING REQUIREMENTS
Licensing of Members of Operating Crew and Other Ground Personnel
(1) For the purpose of entitling persons to act as members of the operating crew and other ground personnel of a locally registered aircraft, the Director may grant licenses of any of the following classes:
Student pilot’s license (flying machines); Private pilot’s license (flying machines); Private pilot’s license (free balloons); Commercial pilot’s license (flying machines); Commercial pilot’s license (free balloons);
Airline transport pilot’s license (flying machines); Commercial pilot’s license (soaring gliders); Commercial pilot’s license (trailing gliders);
Flight navigator’s license; Flight engineer’s license;
Flight radio operator’s license;
Flight radiotelephony operator’s license; Air traffic controller’s license; Aeronautical station operator’s license;
Telecommunications and navigation aids engineer’s license;
and of any other class which he may prescribe, and the provisions of this regulation shall apply to any license so prescribed.
(2) An applicant for the grant of a license of any of the classes mentioned in sub-regulation (1) shall be able to read, write and converse fluently in the English language.
(3) The Director may grant a license of any class on his being satisfied that the applicant is qualified in accordance with such requirements as may for the purposes of this Part be prescribed by the Director or from time to time specified in a publication issued by him (hereinafter in this Part referred to as "the requirements") to hold a license of the class to which the application relates.
(4) (a) A license shall, subject to the provisions of regulation 83, remain in force for such period as the Director may prescribe in the certificate of validity issued by the Director with the license but on the Director being satisfied that the applicant is qualified in accordance with the requirements to have the license renewed, may from time to time be renewed by the Director so as to remain in force for the further period, not exceeding the prescribed period, shown in the certificate of validity issued by the Director on the occasion of the renewal:
Provided that the applicant may be required to satisfy the Director as to his qualifications in accordance with all or any of the requirements applicable with respect to the grant of a license of the class to which the application relates.
(b) A certificate of validity issued in accordance with the provisions of paragraph (a) shall, while it remains in force, be deemed to form part of the license to which it relates and the certificate of validity which is for the time being in force shall be carried with that license.
(5) (a) (i) With respect to each class of license the privileges which may be conferred by a license of that class shall, subject to the provisions of paragraph (b), be as prescribed by the Director and shall be subject to any prescribed conditions or limitations.
(ii) A rating may be included by the Director in a license on the grant thereof or at any time while the license remains in force on application being made.
(iii) A rating specifying a privilege may be included in a license if the Director is satisfied that the applicant for, or the holder of, the license is qualified in accordance with the requirements for such rating, as the case may be.
(iv) A rating may be deleted by the Director at any time while the license in which it is included remains in force if the Director is satisfied that it should no longer be included in that license.
(b) (i) A pilot’s license (flying machines) of any class shall include a rating or ratings (in this regulation collectively called "an aircraft rating") specifying the classes and types of flying machine which the holder of the license may fly as pilot-in-charge or as second pilot.
(ii) A pilot’s license of any other class shall include a corresponding aircraft rating, if so prescribed by the Director.
(iii) A pilot’s license (flying machines) of any class may, and, if so prescribed by the Director,
shall include an instrument rating entitling the holder of the license to fly as pilot-in-charge or as second pilot under instrument flight rules.
(iv) The holder of a private pilot’s license (flying machines) shall not fly by night unless there is included in the license a night rating entitling him to do so.
(v) A flight engineer’s license shall include an aircraft rating specifying the types of aircraft in which he is entitled to act as flight engineer.
(vi) A flight radio operator’s license may include a rating showing the type of radio apparatus which he is entitled to operate.
(vii) The ratings specified in this paragraph shall be framed in accordance with such provisions as may be prescribed by the Director.
(viii) There may be included in a license other ratings to which the provisions of regulations 92 and 94 apply.
(6) The Director may, on the grant or renewal of any particular license or at any time during the period it remains in force, impose any special limitation on or in connection with the exercise of the privileges conferred by the license. Any such limitation shall be entered in the license and may at any time be removed by the Director upon his being satisfied that the same need no longer be imposed.
(7) Where any privilege is limited to the class or type of aircraft with respect to which it is conferred, the Director may, at any time while the license remains in force, extend the rating limiting the effect of the privilege to cover additional classes or types of aircraft if he is satisfied that the applicant is qualified in accordance with the requirements to have the rating so extended.
(8) The holder of a flight engineer’s license may carry out the duties of a flight engineer in an aircraft of a type other than a type to which the license applies if he is so acting under the direct supervision of the flight engineer of that aircraft.
(9) Every holder of a license shall submit himself to medical examination as prescribed in regulation 114 and the Second Schedule.
(10) On the issue of a license to an applicant, he shall forthwith sign his name thereon in ink with his ordinary signature.
(11) A license shall not be granted or renewed if the Director is satisfied that the applicant is not a fit and proper person to hold a license and the Director may refuse to grant or renew a license if in the circumstances of the case it appears to him to be inexpedient in the public interest that the license should be granted or renewed, as the case may be.
(12) Application for the grant or renewal of a license or for a rating or for an extension of a rating shall be made in the manner prescribed by the Director and the applicant shall furnish the Director with such particulars as he may require in connection therewith.
(13) When a license has been granted by a duly competent authority in any foreign country, the Director may issue and from time to time renew validations conferring on such license, subject to such conditions and limitations and for such period as he may think fit, the same validity as if such license had been granted under these Regulations:
Provided that—
(i) a validation shall not be issued or renewed if the Director is satisfied that the holder of such license is not a fit and proper person to hold such a validation;
(ii) the Director may refuse to issue or to renew a validation if in the circumstances it appears to him to be inexpedient in the public interest that the validation should be issued or renewed, as the case may be.
[Am by GN 387 of 1963; SI 153 of 1965, 177 of 1989, 87 of 1991,169 of 1992.]
(1) A person shall not fly within Zambia as pilot-in-charge of a flying machine for the purpose of becoming qualified for the grant or renewal of a flying machine pilot’s license of any class unless he is the holder of a student pilot’s license or—
(a) within the immediately preceding six months he was either the holder of a flying machine pilot’s license, granted under these Regulations, or was serving as a qualified pilot of flying machines in any military or naval air force and his physical condition has not, so far as he is aware, deteriorated in any respect so that it is below the standard required for the grant of a pilot’s license of the class for which he intends to qualify; or
(b) he is flying in accordance with the provisions of these Regulations for the purpose of undergoing tests or receiving instruction in flying required to be undertaken for admission into any military or naval air force:
Provided that a qualified pilot of flying machines in any military or naval air force shall not fly as pilot-in-charge in terms of paragraph (a) unless he has undergone an examination in aviation law to the satisfaction of the Director.
(2) The provisions of this sub-regulation shall apply to a student pilot’s license—
(a) the Director may grant a license on application being made and on his being satisfied that the applicant is qualified in accordance with such requirements as may be prescribed by him to hold a license;
(b) a license shall be granted subject to such conditions as may be prescribed and to any further conditions which in any particular case the Director may think fit to add thereto;
(c) a license shall, subject to the provisions of regulation 83, remain in force for such period as the Director may prescribe therein but may from time to time be renewed by the Director for such further period, not exceeding the prescribed period, as may be shown therein on application being made and on the Director being satisfied that the applicant is qualified in accordance with the prescribed requirements to have the license renewed;
(d) on the issue of a license to an applicant, he shall forthwith sign his name thereon in ink with his ordinary signature;
(e) a license shall not be granted or renewed if the Director is satisfied that the applicant is not a fit and proper person to hold a license and the Director may refuse to grant or to renew a license if in the circumstances of that case it appears to him to be inexpedient in the public interest that the license should be granted or renewed, as the case may be;
(f) application for the grant or renewal of a license shall be made in the manner prescribed by the Director and the applicant shall furnish the Director with such particulars as he may require in connection therewith.
(3) An applicant who has at any time qualified as a pilot of flying machines in any military or naval air force may, at the discretion of the Director and according to the applicant’s qualifications and flying experience, be exempted from all or any of the requirements specified in this Part for the grant of a flying machine pilot’s license, the extension of the aircraft rating in such a license or the inclusion therein of an instrument rating:
Provided that—
(i) such exemption may, if it relates to practical flying tests, be made conditional upon the satisfactory completion by the applicant of a special flying test; and
(ii) any exemption from the requirements specified for the extension of an aircraft rating shall be determined having regard to the applicant’s flying experience on the class or type of flying machine to which the application relates.
[Am by GN 641 of 1954, 151 of 1957, 387 of 1963; SI 153 of 1965.]
(1) No person shall give flying instruction in an aircraft, other than a glider (except a towed glider of which the maximum total weight authorised exceeds 1,250 lb.) unless such person holds a pilot’s license (in which is included a valid instructor’s rating)—
(a) to fly aircraft of the class and type in which instruction is to be given; or
(b) which, if payment is to be made for the instruction, is a license entitling such person to act as pilot-in-charge of a public transport aircraft:
Provided that—
(i) the provision of this sub-regulation shall not apply in a case where special approval is given by the Director for one licensed pilot to give instruction to another licensed pilot for an extension to the aircraft rating. The pilot about to receive instruction must hold a license the type rating of which includes aircraft of the same class as that in which he is about to receive instruction; and
(ii) paragraph (b) shall not apply in a case where the aircraft belongs to, or is being flown under arrangements made by, a flying club of which both the person giving and the person receiving instruction are members.
(2) The following provisions of this sub-regulation shall apply to the instructor’s rating required under the provisions of sub-regulation (1):
(a) the rating may be included by the Director in a license on application being made and on the Director being satisfied that the applicant is qualified in accordance with the prescribed requirements for the rating;
(b) a rating enabling the holder of the license to give instruction in flying aircraft of any class and type may subsequently be extended by the Director to cover the giving of instruction
in flying aircraft of any other class or type on application being made and on the Director being satisfied that the applicant is qualified in accordance with the prescribed requirements to have the rating so extended;
(c) the rating shall, subject to the provisions of regulation 83, continue in operation for such period as the Director may prescribe in the certificate of validity for the time being in force relating to the license in which the rating is included, but may from time to time be renewed by the Director for such further period, not exceeding the prescribed period, as may be shown in that certificate on application being made and on the Director being satisfied that the applicant
is qualified in accordance with the prescribed requirements to have the rating renewed;
(d) for the purpose of satisfying himself that an applicant is qualified in accordance with the prescribed requirements to have a rating included in his license or to have a rating extended or renewed, as the case may be, the Director may accept a certificate that the applicant is so qualified furnished by any person or persons approved by the Director as qualified to give such a certificate;
(e) a rating shall be subject to such conditions and may from time to time be varied as may be prescribed by the Director;
(f) a rating shall not be included in a license or renewed if the Director is satisfied that the holder of the license is not a fit and proper person to have the rating;
(g) application for the inclusion in a license, extension or renewal, of a rating shall be made in the prescribed manner and the applicant shall furnish the Director with such particulars as he may require in connection therewith.
(3) (a) Persons qualified to give instruction in flying may be graded as instructors and assistant instructors according to their qualifications as ascertained in accordance with the prescribed requirements:
Provided that a person graded as an assistant instructor shall be authorised to give instruction in flying only under the direction of an instructor.
(b) If a person is graded as an assistant instructor, any rating included in his license with respect to the giving of instruction in flying shall be an assistant instructor’s rating and the provisions of sub-regulation (2) shall be deemed to apply thereto.
(c) The expression "instructor’s rating" in sub-regulation (1) shall be deemed to include an assistant instructor’s rating:
Provided that, with respect to flights in which a person receiving instruction is flying as pilot-in- charge of an aircraft, an assistant instructor shall not in such cases as may be prescribed by the Director give any direction to such person.
(4) Payment shall be deemed for the purposes of these Regulations to be made for the instruction to which this regulation relates if any sum is paid or payable by any person in respect of the particular flight in which the instruction is given either to the person giving the instruction or to any person by whom the person giving the instruction is employed, or to whom he gives his services as an instructor in flying, or if the person giving the instruction is employed for reward primarily for the purpose of instructing persons in flying.
(5) Application for the inclusion in a license, extension or renewal of a rating to give instruction in flying (i) flying machines and (ii) gliders (of which the maximum total weight authorised exceeds 1,250 lb.) towed by flying machines, should be made in writing to the Director. Such ratings may be included in a license, extended or renewed in accordance with the requirements and conditions specified in this regulation. The requirements for the inclusion in a license, extension or renewal of a rating to give instruction in the flying of flying machines, other than aeroplanes (e.g. helicopters or gyroplanes), shall be as specified in this regulation for flying machines, subject to such modification as the Director may consider appropriate in the particular case.
(6) The examination and tests for the inclusion in a license, extension or renewal of a rating to give instruction in flying shall be conducted by a panel of examiners approved by the Director for the purpose, hereinafter referred to as "the examining body". On each occasion before the inclusion in a license, extension or renewal of any such rating a report shall be furnished to the Director stating whether, in the opinion of the examining body, the applicant is qualified for the rating or for such extension or renewal, as the case may be.
(7) The Director may, upon production by the applicant of his pilot’s license and after consideration of the report furnished by the examining body, include in such license a rating entitling the holder thereof to give instruction in flying in the capacity of instructor or of assistant instructor, subject to such conditions as may be specified in the rating.
(8) The period for which a rating to give instruction in flying may continue in operation, following either the inclusion in a license or any renewal thereof, shall not exceed the period of validity of the license.
[Am by GN 151 of 1957.]
93. Privileges of instrument rating
An instrument rating shall entitle the holder of the license in which it is included, subject to the privileges attaching to the license, to act as pilot-in-charge, or as second pilot when a second pilot is required to be carried, of a flying machine carrying out a flight in accordance with the instrument flight rules.
[Am by GN 151 of 1957.]
94. Qualifying conditions for towing rating
(1) Subject to the provisions of sub-regulation (2) of regulation 68, a person who is the holder of a pilot’s license to fly flying machines may fly within Zambia as pilot-in-charge of a flying machine towing a glider of which the maximum total weight authorised exceeds 1,250 lb.
(2) For the purpose of becoming qualified for the grant of a towing rating in respect of gliders, the following conditions shall be observed:
(a) no person, other than the pilot or person required under these Regulations to be carried as a member of the operating crew, shall be carried in the flying machine or the glider;
(b) in cases where the glider is released in flight, each flight shall be carried out in accordance with instructions given by a person entitled, by virtue of a rating included in his pilot’s license, to give instruction in flying gliders towed by flying machines, and in such manner that both the flying machine, and the glider after release therefrom, land either at the aerodrome of departure, or, with the consent of such person, at a place within three nautical miles therefrom; and
(c) in cases where the glider is not released in flight, each flight shall be carried out in accordance with instructions given by a person entitled, by virtue of a rating included in his pilot’s license, to give instruction in flying gliders towed by flying machines, and shall terminate either at the aerodrome of departure, or, with the consent of such person, at a place within three nautical miles therefrom:
Provided that the provisions of this sub-regulation shall not apply if the person flying in charge of the glider is the holder of a glider pilot’s license valid for the type of glider in which the flight is being made.
[Am by GN 387 of 1963.]
Subject to the provisions of sub-regulation (5) of regulation 72, any person who is not the holder of a pilot’s license to fly flying machines or public transport or aerial work gliders may fly within Zambia as pilot-in-charge of a flying machine or a public transport or aerial work glider, as the case may be, for the purpose of becoming qualified for the grant or renewal of such a license, subject to the conditions specified in paragraphs (1) and (2).
(1) Flying machines—
(a) he shall, if required to do so by regulation 91, be the holder of a student pilot’s license granted under these Regulations;
(b) he shall be not less than 17 years of age;
(c) no person, other than a person required under these Regulations to be carried as a member of the operating crew, shall be carried in the flying machine; and
(d) each flight shall be carried out in accordance with instructions given by a person entitled, by virtue of a rating included in his pilot’s license, to give instruction in flying machines and shall terminate at the aerodrome of departure. Intermediate practice landings may, however, in accordance with such instructions, be made elsewhere than at the aerodrome of departure.
(2) Public transport or aerial work gliders—
(a) he shall be not less than 16 years of age: Provided that a person who is not less than 14 years of age may carry out flights on a glider not towed by a flying machine or on a towed glider of which the maximum total weight authorised does not exceed 1,250 lb. if each such flight is carried out wholly within three nautical miles from a certified point;
(b) no person, other than a person required under these Regulations to be carried as a member of the operating crew, shall be carried in the glider;
(c) in the case of a glider of which the maximum total weight authorised exceeds 1,250 lb. which in the course of flight is towed by a flying machine and released therefrom, each flight shall be carried out in accordance with instructions given by a person entitled, by virtue of a rating included in his pilot’s license, to give instruction in flying gliders towed by flying machines, and shall terminate either at the aerodrome of departure, or, with the consent of such person, at a place within three nautical miles therefrom.
[Am by GN 387 of 1963.]
96. Qualifying flights for license extensions
Subject to the provisions of sub-regulation (6) of regulation 72, a person who is the holder of a pilot’s license to fly flying machines or gliders may fly within Zambia as pilot-in-charge of a flying machine or glider, as the case may be, of a class or type other than a class or type to which the license relates, for the purpose of qualifying for an extension of the license to include such class or type of flying machine or glider:
Provided that, when he is flying, no other person shall be carried in the flying machine or glider except—
(i) a person required under these Regulations to be carried as a member of the operating crew of the flying machine or glider; or
(ii) if the pilot-in-charge of the flying machine is the holder of a pilot’s license to fly public transport flying machines, a person carried with the consent of the operator of the flying machine for the purpose of being trained to perform duties as a member of the operating crew of a flying machine.
[Am by GN 387 of 1963.]
(1) Application for the grant, renewal, extension or validation of a license to act as a member of the operating crew of a locally registered aircraft shall be made to the Director on a form which will be supplied by him on request.
(2) The requirements to be complied with in respect of technical competency, flying experience, etc., and the other conditions relating to the various classes of licenses are specified in this Part as indicated in regulations 98 to 113. Regulations 95 prescribes the conditions under which practice flights to acquire the necessary competence and flying experience may be carried out.
(3) Subject to the provisions of regulations 99 to 102 (which relate to flying machine pilot’s licenses), the requirements and conditions therein specified may, in respect of licenses to fly flying machines other than aeroplanes (e.g. helicopters or gyroplanes), be subject to such modifications as the Director may consider appropriate in the particular case.
Student Pilot’s License (Flying Machines)
Age of Applicant and Period of License—
(1) An applicant for the grant of a license shall be not less than 17 years of age.
(2) The period for which a license may, subject to the provisions of paragraph (e) of sub-regulation (5), remain in force, following either the grant or any renewal thereof, shall not exceed 12 months.
Medical Requirements—
(3) An applicant for the grant or renewal of a license shall be required to—
(a) satisfy the requirements as to mental and physical fitness specified in regulation 114 for the grant of a private pilot’s license (flying machines); and
(b) furnish to the medical examiner a declaration, signed by him, stating whether he has previously undergone such medical examination, and if so, where, when and with what result. A false declaration may entail the cancellation of any license granted or renewed as a result of the examination.
(4) The holder of a license shall comply with the requirements specified in sub-regulations (3) and (4) of regulation 114.
Conditions of License—
(5) A license—
(a) shall entitle the holder thereof, subject to the provisions of sub-paragraphs (c) and (d) of paragraph (1) of regulation 95, to carry out flights as pilot-in-charge of a flying machine only for the purpose of becoming qualified for the grant or renewal of a flying machine pilot’s license;
(b) shall be valid only for flights within Zambia;
(c) shall be subject to such further conditions as may be attached to or endorsed on the license;
(d) shall not entitle the holder to fly as pilot-in-charge unless he has undergone an examination in aviation law to the satisfaction of the Director; and
(e) shall lapse upon the grant to the holder of a flying machine pilot’s license.
[Am by GN 387 of 1963.]
Private Pilot’s License (Flying Machines)
(1) Age of Applicant and Period of License—
An applicant for the grant of a private pilot’s license (flying machines) shall be not less than 17 years of age.
(2) The period for which a license may remain in force, following either the grant or renewal thereof, shall not exceed 12 months—
Provided that if the applicant for the renewal of a license is less than 40 years of age and has passed a medical examination for the purpose of the grant or renewal of such license in respect of the 12 months immediately preceding the period for which he seeks a renewal of such license, he shall not be required to undergo a medical examination.
(3) Privileges Attaching to License—
The holder of the license shall be entitled to fly—
(a) as pilot-in-charge of any private flying machine of a type described or specified in the aircraft rating of the license; and
(b) as second pilot of any private flying machine of the same class as a flying machine described or specified in the aircraft rating of the license.
(4) Particulars of Aircraft Rating—
Applicants will be required initially to qualify separately for individual types of aircraft in Groups "A" and "B" below, until such time as they satisfy the Director as to their competency and experience. Thereafter they may be licensed in Group "A" or "B" as a whole. Applicants will be required to qualify separately for individual types of aircraft in Group "C".
Group A-All single-engined types of aeroplanes of which the maximum total weight authorised does not exceed 12,500 lb.
Group B-All types of aeroplanes having two or more engines of which the maximum total weight authorised does not exceed 12,500 lb.
Group C-Particular types of aeroplanes of which the maximum total weight authorised exceeds 12,500 lb.
(5) Technical Requirements for Grant of License
Flying Experience—
An applicant for the grant of a license shall be required to produce satisfactory evidence that he has had not less than 40 hours’ experience as a pilot of flying machines, comprising—
(a) flying training under a qualified instructor in a dual-controlled flying machine; and
(b) at least 15 hours’ flying as pilot-in-charge including—
(i) not less than 5 hours’ flying of which 3 hours was cross-country flying, carried out within the period of six months immediately preceding the date of application; and
(ii) one flight on a triangular course during which the flying machine landed and came to rest at two intermediate places, one being not less than 50 nautical miles from the place of departure:
Provided that—
A. in the case of an applicant who has experience in the flying of gliders, the foregoing requirements, excepting those in respect of cross-country flying, may be reduced to such extent as the Director may consider appropriate in the particular case; and
B. in the case of an applicant who has passed an approved course of flying training, the said requirements of 40 hours’ flying may be reduced to 30 hours.
(6) Practical Flying Tests—
The applicant shall, subject to the provisions of sub-regulation (8), be required to demonstrate in the course of general flying tests his competence to carry out normal and emergency manoeuvres on the class, group or type of flying machine to which the application relates.
(7) Technical Examination—
The applicant shall, subject to the provisions of sub-regulation (8), be required to undergo an examination as to his knowledge of the following subjects—
(a) aviation law;
(b) elementary meterology;
(c) map reading and use of compass;
(d) method of operation and functioning of flying machines, with particular relation to the class or type of flying machine for which the license is desired.
(8) Exemptions—
An applicant may, at the discretion of the Director and according to the applicant’s qualifications and experience, be exempted from all or any part of the flying tests and technical examination if he—
(a) has at any time held a flying machine pilot’s license; or
(b) holds a United Kingdom Royal Aero Club Aviator’s Certificate in respect of the class or type of flying machine to which the application relates issued within the period of one year immediately preceding the date of the application for the license.
(9) Night Rating—
(a) A night rating may be included in a license and shall entitle the holder, subject to the privileges attaching to the license, to act as pilot-in-charge of flying machines on flights made by night:
Provided that the holder of a license which includes a night rating shall not (except in a case where the license also includes a rating entitling him to act as instructor or as assistant instructor in the flying of flying machines and he is flying for the purpose of so acting) exercise the privileges of such night rating unless he has, within the immediately preceding six months, carried out as pilot-in-charge of a flying machine not less than 5 take-offs and 5 landings by night.
(b) An applicant for a night rating shall be required to produce satisfactory evidence that he has carried out in an aeroplane not less than 50 hours’ flying as pilot, comprising—
(i) night flying training under a qualified instructor in a dual-controlled aeroplane;
(ii) at least 25 hours’ flying as pilot-in-charge of the aeroplane;
(iii) at least 5 hours’ instruction in instrument flying; and
(iv) at least 5 hours’ night flying including not less than five flights as pilot-in-charge, carried out to the satisfaction of a qualified instructor within the six months immediately preceding the date of the application:
Provided that a maximum of two and a half hours’ instrument flying training carried out on the ground in approved devices may be accepted in part satisfaction of the requirement specified in sub-paragraph (iii).
(c) The evidence normally required with respect to the flying experience specified in sub-paragraph (iii) of paragraph (b) shall consist of a certificate issued by a person who holds a flying machine pilot’s license including an instructor’s rating.
(10) Flying Experience for Renewal of License—
An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had during the 12 months immediately preceding the date of the application not less than 5 hours’ flying experience as pilot-in-charge on each class of flying machine for which the renewal is desired and, if the application is in respect of aeroplanes in Group "C", reasonable flying experience as pilot-in-charge of each type of aeroplane for which the renewal is desired.
In default of such evidence, the applicant may be required to undergo all or any part of the practical flying tests and the technical examination specified for the grant of a license, as the Director may consider appropriate in the circumstances of the case.
(11) Extension of License—
An applicant for the extension of the aircraft rating in a license to include an additional class or type of flying machine will normally be required to carry out practical flying tests in accordance with sub-regulation (6) and to undergo a technical examination in the method of operating and functioning of flying machines of the class or type to which the application relates.
[Am by GN 641 of 1954, 151 of 1957.]
(1) Commercial Pilot’s License (Flying Machines)
An applicant for the grant of a commercial pilot’s license (flying machines) shall be not less than 18 years of age.
(2) Age of Applicant and Period of License—
The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed six months.
(3) Aircraft Rating—
The aircraft rating included in the license shall specify, in Group 1 and Group 2 thereof, the type or types of flying machines which, subject to the provisions of sub-regulation (4), the holder of the license is entitled to fly as pilot-in-charge and as second pilot respectively. Group 2 shall include all the types of flying machines which are entered in Group 1 and such other types as may be specified.
(4) Privileges Attaching to License—
(a) The holder of the license shall be entitled to fly—
(i) as pilot-in-charge of—
A. any public transport flying machine of which the maximum total weight authorised does not exceed 12,500 lb.;
B. any aerial work flying machine which is of the same type as a flying machine specified in Group 1 of the aircraft rating of the license;
C. any private flying machine which is of the same type as a flying machine specified in Group 1 of the aircraft rating of the license;
D. any private flying machine of which the maximum total weight authorised does not exceed 12,500 lb. if a flying machine of the same class is specified in Group 1 of the aircraft rating of the license:
Provided that the holder of the license shall not, unless he is a person entitled by virtue of a rating included in the license to act as instructor or as assistant instructor in the flying of a flying machine and is flying for the purpose of so acting, be entitled to act as pilot-in-charge of a flying machine carrying passengers on a flight made by night, unless he has, within the immediately preceding 90 days, carried out as pilot-in-charge of a flying machine not less than 5 take-offs and 5 landings by night;
(ii) as second pilot of—
A. any public transport flying machine carrying passengers which is of the same type as the flying machine specified in Group 2 of the aircraft rating of the license;
B. any public transport flying machine not carrying passengers, any aerial work flying machine, or any private flying machine, which is of the same class as the flying machine specified in Group 2 of the aircraft rating of the license.
(b) Instrument Rating—
The license shall include an instrument rating if the holder is employed on a scheduled journey.
(5) Technical Requirements for Grant of License
An applicant for the grant of a license shall, subject to the provisions of sub-regulation (8), be required to produce satisfactory evidence that he has had not less than 200 hours’ experience in flying machines, comprising—
Flying Experience—
(a) flying training under a qualified instructor in a dual-controlled flying machine, not less than 10 hours of which must have been instruction in instrument flying;
(b) flying as pilot-in-charge for not less than 100 hours, including—
(i) at least 20 hours’ cross-country or oversea flying, including one flight of at least 300 nautical miles during which the flying machine must have landed and come to rest at two intermediate places;
(ii) at least 10 hours’ night flying (5 hours of which, however, may have been carried out under instruction) during which the applicant must have carried out 10 take-offs and 10 landings by night without assistance from any other person on board the flying machine; and
(iii) at least 10 hours’ flying carried out during the six months immediately preceding the date of the application; and
(c) a reasonable amount of flying experience as pilot on the type of flying machine to which the application relates:
Provided that—
A. in the case of an applicant who has passed an approved course of flying training, the said requirement of 200 hours’ flying experience may, at the discretion of the Director, be reduced to 150 hours;
B. flying experience as second pilot may be reckoned towards the total requirement of 200 hours (or 150 hours) to the extent that one-half of such flying, up to a maximum allowance of 50 hours, may be included if it was carried out on flying machines required under these Regulations to have on board more than one pilot, or military flying machines which normally carried more than one pilot.
Practical Flying Tests—
(6) The applicant shall, subject to the provisions of sub-regulation (8), be required in the course of flying tests, including flights by day and by night with an examiner on board, to demonstrate his general competence as a pilot during normal and emergency manoeuvres and his ability to fly the type of flying machine to which the application relates.
(7) Technical Examination—
The applicant shall, subject to the provisions of sub-regulation (8), be required to undergo an examination (including practical tests) as to his knowledge of the following subjects—
(a) aviation law;
(b) flight operation;
(c) air navigation;
(d) meteorology;
(e) the interpretation of navigational aid identification signals;
(f) theory of flight and aircraft operating limitations;
(g) aircraft equipment and installations;
(h) airframe and power plant maintenance.
(8) Exemptions—
An applicant who has been the holder of a commercial pilot’s license (flying machines) or a license of a higher class may, at the discretion of the Director and having regard to the type of flying machine for which a license is desired, be exempted from all or any part of the requirements as to flying experience, practical flying tests and technical examination specified in sub-regulations (5), (6) and (7). Any exemption in respect of the said practical flying tests may be made conditional upon the satisfactory completion by the applicant of a special flying test.
(9) Renewal of License—
(a) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot of flying machines during the six months immediately preceding the date of the application. The applicant may also, at the discretion of the Director, be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot on each type of flying machine for which the renewal is desired since the type was entered on the license. In default of such evidence as aforesaid the applicant may be required to undergo all or any part of the practical flying tests and technical examination specified for the grant or extension of a license as the Director may consider appropriate in the circumstances of the case.
(b) For a type of aircraft to be retained in Group 1 of a license, evidence of one flight as pilot-in- charge on that type during the preceding 12 months will be called for. Any type on which there has been no flying, or flying as second pilot only, during the preceding 12 months will be down-graded to Group 2 of the aircraft rating.
(10) Extension of License—
An applicant for the extension of the aircraft rating of a license to include the flying of an additional type of flying machine, either as pilot-in-charge or as second pilot, shall be required to satisfy the Director as to his competence to fly the type of flying machine concerned.
[Am by GN 641 of 1954.]
(1) Senior Commercial Pilot’s License (Flying Machines)
An applicant for the grant of a senior commercial pilot’s license (flying machines) shall be not less than 21 years of age.
(2) Age of Applicant and Period of License
The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed six months.
(3) Aircraft Rating—
The aircraft rating included in the license shall specify, in Group 1 and Group 2 thereof, the type or types of flying machines which, subject to the provisions of sub-regulation (4), the holder of the license is entitled to fly as pilot-in-charge and as second pilot respectively. Group 2 shall include all types of flying machines which are entered in Group 1 and such other types as may be specified.
(4) Privileges Attaching to License—
(a) The holder of the license shall be entitled to fly—
(i) as pilot-in-charge of—
A. any public transport flying machine of which the maximum total weight authorised does not exceed 30,000 lb.;
B. any public transport flying machine, not carrying passengers, of which the maximum total weight authorised does not exceed 45,000 lb.;
C. any aerial work flying machine;
D. any private flying machine, which is of the same type as the flying machine specified in Group 1 of the aircraft rating of the license; and
E. any private flying machine of which the maximum total weight authorised does not exceed 12,500 lb. if a flying machine of the same class is specified in Group 1 of the aircraft rating of the license; and
(ii) as second pilot of—
A. any public transport flying machine carrying passengers which is of the same type as a flying machine specified in Group 2 of the aircraft rating of the license;
B. any public transport flying machine not carrying passengers, any aerial work flying machine, or any private flying machine, which is of the same class as a flying machine specified in Group 2 of the aircraft rating of the license.
(b) Instrument Rating—
The license shall include an instrument rating.
Technical Requirements for Grant of License
(5) Instrument Rating—
An applicant for the grant of a license shall be required to satisfy the requirements for an instrument rating specified in regulation 105:
Provided that an applicant who is the holder of a flying machine pilot’s license in which an instrument rating is included shall be exempted from this requirement.
(6) Flying Experience—
The applicant shall, subject to the provisions of sub-regulation (9), be required to produce satisfactory evidence that he has had not less than 700 hours’ experience as pilot in flying machines, comprising—
(a) not less than 200 hours’ experience as pilot-in-charge of flying machines, including—
(i) at least 50 hours’ cross-country or oversea flying;
(ii) at least 15 hours’ night flying and at least 10 hours’ cross-country or oversea flying, either by night or solely by reference to the instruments; and
(iii) at least 10 hours’ flying carried out during the six months immediately preceding the date of the application; and
(b) a reasonable amount of flying experience as pilot on the type of flying machine to which the application relates:
Provided that flying experience as second pilot may be reckoned towards the total requirement of 700 hours to the extent that one-half of such flying may be included if it was carried out on—
A. flying machines required under these Regulations to have on board more than one pilot; or
B. military flying machines which normally carried more than one pilot.
(7) Practical Flying Tests—
The applicant shall, subject to the provisions of sub-regulation (9), be required, in the course of flying tests with an examiner on board and including an instrument flying test, to demonstrate his general competence as a pilot during normal and emergency manoeuvres under visual and instrument flight conditions and his ability to fly the type of flying machine to which the application relates.
(8) Technical Examination—
The applicant shall, subject to the provisions of sub-regulation (9), be required to undergo an examination (including practical tests) as to his knowledge of the following subjects—
(a) aviation law;
(b) flight operation;
(c) air navigation;
(d) meteorology;
(e) the interpretation of navigational aid identification signals;
(f) theory of flight and aircraft operating limitations;
(g) aircraft equipment and installations;
(h) airframe and power plant maintenance.
(9) Exemptions—
(a) An applicant who is the holder of a commercial pilot’s license (flying machines) in respect of the type of flying machine to which the application relates shall not be required to undergo again the flying tests and technical examination normally required in respect of that type.
(b) An applicant who has been the holder of a senior commercial pilot’s license (flying machines) or a license of a higher class may, at the discretion of the Director and having regard to the type of flying machine for which a license is desired, be exempted from all or any part of the requirements as to flying experience, practical flying tests and technical examination specified in sub-regulations (6), (7) and (8). Any exemption in respect of the said practical flying tests may be made conditional upon the satisfactory completion by the applicant of a special flying test.
(10) Renewal of License—
(a) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot of flying machines during the six months immediately preceding the date of the application. The applicant may also, at the discretion of the Director, be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot on each type of flying machine for which the renewal is desired since the type was entered on the license. In default of such evidence as aforesaid, the applicant may be required to undergo all or any part of the practical flying tests and technical examination specified for the grant or extension of a license as the Director may consider appropriate in the circumstances of the case.
(b) For a type of aircraft to be retained in Group 1 of a license, evidence of one flight as pilot-in- charge on that type during the preceding 12 months will be called for. Any type on which there has been no flying, or flying as second pilot only, during the preceding 12 months will be down-graded to Group 2 of the aircraft rating.
(11) Extension of License—
An applicant for the extension of the aircraft rating of a license to include the flying of an additional type of flying machine, either as pilot-in-charge or as second pilot, shall be required to satisfy the Director as to his competence to fly the type of flying machine concerned.
[Am by GN 641 of 1954, 151 of 1957.]
101A. Technical requirements for grant of license
(1) Private pilots license (Free Balloons) Age of applicant and period of validity of license
An applicant for the grant of a private pilot’s license (free balloons) shall be not less than 17 years of age.
(2) The period for which the license may remain in force, following either the grant or renewal, shall not exceed 24 months in the case of an applicant who is less than 40 years of age and shall not exceed 12 months in the case of an applicant who is 40 years of age or over.
(3) Knowledge
The applicant shall be required to pass a technical examination in the following subjects, the detailed syllabus of which shall be notified—
(a) Aviation Law, rules and procedures-Rules and regulations relevant to the holder of a pilot’s license (free balloons); rules of the air; appropriate air traffic service and procedures.
(b) Meteorology-Application of elementary aeronautical meteorological information, altimetry;
(c) Navigation (General)-Practical aspects of free balloon air navigation and dead-reckoning techniques, principles of operation of appropriate flight instruments;
(d) Flight performance, planning and principles—
(i) effects of loading on flight characteristics; mass calculations;
(ii) use and practical application of launching, landing and other performance data, including the effect of temperature;
(iii) Preflight and enroute flight planning appropriate to operations under visual flight rules; appropriate air traffic services procedures; operations in areas of high-density traffic;
(iv) principles of flight relating to free balloons;
(e) Aircraft general knowledge—
(i) principles of operation of free balloon systems and instruments;
(ii) operating limitations of free balloons, relevant operational information from the flight manual or other appropriate document;
(iii) structures, materials and airborne heaters; and
(f) Human performance and limitations relevant to the free balloon pilot.
(4) Experience
If a gas balloon or a hot air balloon with an airborne heater is used, the applicant shall have flown not less than 10 hours as a pilot of free balloons of which—
(a) at least six launches and ascents were carried out under the supervision of a person holding a valid pilots license (free balloons) of which—
(i) two flights were carried out each of a duration of not less than 1 hour if a gas balloon is used or each of a duration of not less than 30 minutes if a hot air balloon with an airborne heater is used;
(ii) one ascent was carried out under control to 5,000 feet above the point of take-off if a gas balloon is used or 3,000 feet above the point of take-off if a hot air balloon with an airborne heater is used; and
(b) two solo flights were carried out in free balloons.
(5) If a hot air balloon without an airborne heater is used, the applicant shall have carried out—
(a) at least six launches in a free balloon under the supervision of the holder of a pilot’s license (free balloons); and
(b) at least two solo flights.
(6) At the time of applying for the license, the applicant shall produce evidence of having carried out not less than two flights as pilot in charge of free balloons in the six months immediately preceding the date of application.
(7) Practical flight test
The applicant shall be required to demonstrate to an approved flight examiner operational experience in free balloons, in flight and on the ground as appropriate, of the class to which the application relates in at least the following areas—
(a) pre-flight operations, including balloons assembly, rigging, inflation, mooring and inspection;
(b) techniques and procedures for the launching and ascent, including appropriate limitations, emergency procedures and signals used;
(c) collision avoidance precautions;
(d) control of a free balloon by external visual reference;
(e) recognition of and recovery from rapid descents;
(f) cross-country flying using visual reference and dead reckoning;
(g) approaches and landings, including ground handling; and
(h) emergency procedures.
(8) Extension of license
An applicant for the extension of the free balloon rating license to include an additional class of free balloon normally required to carry out the practical flying test in accordance with sub-regulation (7) and to undergo a technical examination in the method of operating and functioning of free balloons of the class to which the application relates.
(9) Privileges and limitations attaching to the license
(a) The holder of the license shall be entitled to fly as a pilot in charge or as second pilot of any free balloon the class of which is specified in the free balloon rating of the license for leisure and private purposes other than for hire and reward.
(b) The holder of the license shall not give flight instructions.
(10) Exemptions
The Director may in accordance with the applicants qualifications, experience and recency of flying practice, exempt, from all or any part of the flying tests and technical examination if an applicant who has at any time held a free balloon pilot’s license.
(11) Renewal of license—
(1) An applicant for the renewal of a license shall have flown during the 12 months immediately preceding the date of the application not less than two flights as pilot in charge totalling not less than 1 hour if a gas balloon or a hot air balloon with an airborne heater was used or 30 minutes if a hot air balloon without an airborne heater was used.
(2) If the classes of free balloon are flown in combination, the said two flights shall total not less than 1 hour as pilot in charge.
(3) Where an applicant does not qualify under sub-regulation (1) or (2) such applicant may be required to undergo all or any part of the practical flight tests and technical examination specified for the grant or extension of a license as the Director may consider appropriate in the circumstances of the case.
[Am by SI 169 of 1992.]
Commercial pilot’s license (free balloons)-Age of applicant and period of validity of license
(1) An applicant for the grant of a commercial pilot’s license (free balloons) shall not be less than 18 years of age.
(2) The period for which the license may remain in force following either the grant or renewal, shall not exceed six months.
(3) The applicant shall be required to pass a technical examination in the following subjects, the detailed syllabus of which shall be notified:
(a) Aviation Law, rules and procedures-Rules and regulations relevant to the holder of a pilot’s license (free balloons), rules of the air, appropriate air traffic services and procedures;
(b) Meteorology-Application of elementary aeronautical meteorology, use of and procedures for obtaining meteorological information; altimetry;
(c) Navigation (General)-Practical aspects of free balloon air navigation and dead-reckoning techniques; principles of appropriate flight instruments;
(d) Flight performance, planning and principles—
(i) effects of loading on flight characteristics, mass calculations;
(ii) use and practical application of launching, landing and other performance data, including the effect of temperature;
(iii) pre-flight and enroute flight planning appropriate to operations under visual flight rules; appropriate air traffic services procedures; operations in area of high-density traffic;
(iv) principles of flight relating to free balloons;
(e) Aircraft general knowledge—
(i) principles of operation of free balloons systems and instruments;
(ii) operating limitations of free balloons, relevant operational information from the flight manual or other appropriate document;
(iii) structures, materials and airborne heaters; and
(f) Human performance and limitations relevant to the free balloon pilot.
(4) Experience
If a gas balloon or a hot air balloon with an airborne heater is used, the applicant shall have flown not less than 35 hours as a pilot of free balloons of which—
(a) 20 hours were carried out in free balloons; and
(b) 10 flights were carried out in free balloons including—
(i) six flights under the supervision of the holder of a commercial pilot’s license (free balloons);
(ii) two flights as pilot in charge;
(iii) two flights of at least two hours duration if a gas balloon was used or at least one hour duration if a hot air balloon with an airborne heater is used; and
(iv) one ascent under control to more than 10,000 feet above the take-off point if a gas balloon is used or 5,000 feet above the take off point if a hot air balloon with an airborne heater is used.
(5) If a gas balloon without an airborne heater is used, the applicant shall have carried out at least 10 flights in free balloons including—
(a) six flights under the supervision of the holder of a commercial pilot’s license (free balloons); and
(b) two flights as pilot in charge of free balloons.
(6) At the time of applying for the license, the applicant shall produce evidence having carried out not less than two flights as pilot in charge of free balloons in the six months immediately preceding the date of application.
(7) The applicant shall be required to demonstrate to an approved flight examiner operational experience in free balloons of the class to which the application relates, in flight and on the ground as appropriate, in at least the following areas—
(a) Aviation Law, rules and procedures-Rules and regulations relevant to the holder of a pilot’s license (free balloons); rules of the air; appropriate air traffic services and procedures;
(b) Meteorology-Application of elementary aeronautical meteorology; uses of and procedures for obtaining meteorological information, altimetry;
(c) Navigation (General)-Practical aspects of free balloon air navigation and dead-reckoning techniques; principles of operation of appropriate flight instruments;
(d) Flight performance, planning and principles—
(i) effects of loading on flight characteristics, mass calculations;
(ii) use and practical application of launching, landing and other performance data, including the effect of temperature;
(iii) pre-flight and enroute flight planning appropriate to operations under visual flight rules, appropriate air traffic services procedures, operations in areas of high-density traffic;
(iv) principles of flight relating to free balloons;
(e) Aircraft general knowledge—
(i) principles of operation of free balloon systems and instruments;
(ii) operating limitations of free balloons, relevant operational information from the flight manual or other appropriate document;
(iii) structures, materials and airborne heaters; and
(f) Human performance and limitations relevant to the free balloon pilot.
(8) Free balloon rating
(a) —
(i) The free balloon rating included in the license shall specify, in Group 1 and Group 2, the class or classes of free balloons which, subject to the privileges attaching to the license, the holder of the license is entitled to fly as pilot in charge and as second pilot respectively.
(ii) Group 2 shall include all classes of free balloons which are entered in Group 1 and such other classes as may be specified.
(b) Extension of license
An applicant for the extension of the free balloon license to include an additional class of free balloons which is normally required to carry out the practical flying test in accordance with sub-regulation (7) and to undergo a technical examination in the method of operating and functioning of free balloons of the class to which the application relates.
(9) Privileges attaching to the license
(a) The holder of the license shall be entitled to fly as pilot in charge of any free balloon specified in Group 1 of the free balloon rating of the license or as second pilot of any free balloon specified in Group 1 or in Group 2 of the free balloon rating—
(i) in any public transport free balloon;
(ii) in any aerial work free balloon; and
(iii) in any private free balloon.
(b) —
(i) The holder of the license may give flight instructions in any free balloon of a class specified in Group 1 of the free balloon rating of the license;
(ii) This privilege may be exercised as long as the license is valid unless the Director cancels or limits the privilege by making an appropriate entry in the license.
(10) Exemptions
The Director may, having due regard to the class of free balloon for which the license is desired and the recency of flying practice in free balloons, exempt an applicant who has been the holder of a commercial pilot’s license (free balloons) or a license of a higher class, from all or any part of the requirements relating to flying experience, practical flight tests and technical examination.
(11) Renewal of License
(1) An applicant for the renewal of a license shall be required to produce satisfactory evidence of having had reasonable flying experience as a pilot of a free balloon during the six months immediately preceding the date of the application.
(2) Where the applicant is in default of sub-regulation (1) the Director may require that the applicant undergo all or any part of the practical flying tests and technical examinations specified for the grant of the license.
[Am by SI 169 of 1992.]
Airline Transport Pilot’s License (Flying Machines)
(1) Age of Applicant and Period of License—
An applicant for the grant of an airline transport pilot’s license (flying machines) shall be not less than 21 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed six months.
(3) Aircraft Rating—
The aircraft rating included in the license shall specify, in Group 1 and Group 2 thereof, the type or types of flying machines which, subject to sub-regulation (4), the holder of the license is entitled to fly as pilot-in-charge and as second pilot respectively. Group 2 shall include all the types of flying machines which are entered in Group 1 and such other types as may be specified.
(4) Privileges Attaching to License—
(a) The holder of the license shall be entitled to fly—
(i) as pilot-in-charge of—
A. any public transport flying machine; B. any aerial work flying machine;
C. any private flying machine which is of the same type as a flying machine specified in Group 1 of the aircraft rating of the license; and
D. any private flying machine of which the maximum total weight authorised does not exceed 12,500 lb. if a flying machine of the class is specified in Group 1 of the aircraft rating of the license; and
(ii) as second pilot of—
A. any public transport flying machine carrying passengers which is of the same type as a flying machine specified in Group 2 of the aircraft rating of the license;
B. any public transport flying machine not carrying passengers, any aerial work flying machine, and any private flying machine, which is of the same class as a flying machine specified in Group 2 of the aircraft rating of the license.
(b) Instrument Rating—
The license shall include an instrument rating.
(5) Technical Requirements for Grant of License—
An applicant for the grant of a license shall be required to satisfy the requirements for an instrument rating specified in regulation 105:
Provided that an applicant who is the holder of a flying machine pilot’s license in which an instrument rating is included shall be exempted from this requirement.
(6) Flying Experience—
The applicant shall, subject to the provisions of sub-regulation (9), be required to produce satisfactory evidence that he has had not less than 1,200 hours’ experience as a pilot in flying machines, comprising—
(a) at least 100 hours’ night flying as pilot-in-charge or as second pilot;
(b) at least 250 hours’ flying as pilot-in-charge, of which not less than 10 hours must have been carried out during the six months immediately preceding the date of the application, and including not less than 100 hours’ cross-country or oversea flying of which not less than 25 hours must have been flown by night;
(c) at least 75 hours’ flying solely by reference to instruments which must have been carried out by the applicant without assistance from any other person on board the flying machine;
(d) a reasonable amount of flying on the type of flying machine to which the application relates;
(e) at least 200 hours’ cross-country or oversea flying as second pilot in flying machines required under these Regulations to have on board more than one pilot, or in military flying machines which normally carried more than one pilot:
Provided that—
(i) flying experience as second pilot may be reckoned towards the total requirement of 1,200 hours to the extent that one-half of such flying may be included if it was carried out in flying machines required under these Regulations to have on board more than one pilot, or in military flying machines which normally carried more than one pilot;
(ii) an applicant who has had not less than 200 hours’ experience as pilot-in-charge on cross-country or oversea flights may be exempted from the requirements specified in paragraph (e);
(iii) training in instrument flying carried out on the ground in approved devices may, at the discretion of the Director, up to a maximum of 25 hours, be accepted in part satisfaction of the requirement specified in paragraph (c).
(7) Practical Flying Tests—
The applicant shall, subject to the provisions of sub-regulation (9), be required, in the course of flying tests with an examiner on board and including an instrument flying test, to demonstrate his general competence as a pilot during normal and emergency manoeuvres under visual and instrument flight conditions, and his ability to fly the type of flying machine to which the application relates.
(8) Technical Examination—
The applicant shall, subject to the provisions of sub-regulation (9), be required to undergo an examination (including practical tests) as to his knowledge of the following subjects—
(a) aviation law;
(b) flight operation;
(c) air navigation;
(d) meterology;
(e) the interpretation of navigational aid identification signals;
(f) theory of flight and aircraft operating limitations;
(g) aircraft equipment and installations;
(h) airframe and power plant maintenance.
(9) Exemptions—
(a) An applicant who is the holder of a commercial or a senior commercial pilot’s license (flying machines) in respect of the type of flying machine to which the application relates shall not be required to undergo again the flying tests and technical examination normally required in respect of that type.
(b) An applicant who has been the holder of an airline transport pilot’s license (flying machines) may, at the discretion of the Director and having regard to the type of flying machine for which a license is desired, be exempted from all or any part of the requirements as to flying experience, practical flying tests and technical examination specified in sub-regulations (6), (7) and (8). Any exemption in respect of the said practical flying tests may be made conditional upon the satisfactory completion by the applicant of a special flying test.
(10) Renewal of License—
(a) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot of flying machines during the six months immediately preceding the date of the application. The applicant may also, at the discretion of the Director, be required to produce satisfactory evidence that he has had reasonable flying experience as a pilot on each type of flying machine for which the renewal is desired since the type was entered on the license. In default of such evidence as aforesaid, the applicant may be required to undergo all or any part of the practical flying tests and technical examination specified for the grant or extension of a license as the Director may consider appropriate in the circumstances of the case.
(b) For a type of aircraft to be retained in Group 1 of a license, evidence of one flight as pilot-in- charge on that type during the preceding 12 months will be called for. Any type on which there has been no flying, or flying as second pilot only, during the preceding 12 months will be down-graded to Group 2 of the aircraft rating.
(11) Extension of License—
An applicant for the extension of the aircraft rating of a license to include the flying of an additional type of flying machine, either as a pilot-in-charge or as second pilot, shall be required to satisfy the Director as to his competence to fly the type of flying machine concerned.
Commercial Pilot’s License (Soaring Gliders)
103. Commercial pilot (soaring gliders)
(1) Age of Applicant and Period of License—
An applicant for the grant of a commercial pilot’s license (soaring gliders) shall be not less than 19 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed six months.
(3) Aircraft Rating—
A license shall include an aircraft rating specifying the types of gliders which, subject to the provisions of sub-regulation (4), the holder is entitled to fly.
(4) Privileges Attaching to License—
The license shall entitle the holder to fly as pilot-in-charge or as second pilot of—
(a) any type of glider of which the maximum total weight authorised does not exceed 1,250 lb.; and
(b) any type of glider exceeding the above weight if such type is specified in the license. Technical Requirements for Grant of License
(5) Flying Experience—
The applicant shall be required to produce satisfactory evidence that he has had at least 50 hours’ flying experience (i.e. in free flight, not towed flight) as pilot-in-charge of a glider, including 25 winch launchings and 10 completed aero-tow launchings, of which not less than 3 hours, including 10 winch launchings and 3 completed aero-tow launchings, were carried out during the 12 months immediately preceding the date of the application.
(6) Practical Flying Tests—
(a) The applicant shall, subject to the provisions of sub-regulation (8), be required to undergo the following practical tests in a glider of which the maximum total weight authorised does not exceed 1,250 lb.:
(i) a free flight of not less than one minute’s duration in the course of which the candidate shall manoeuvre the glider so that its flight path is in the form of the letter "S", followed by a normal landing;
(ii) a free flight, during which height is not lost over a continuous period of at least five minutes, followed by a landing made within 100 yards of a point fixed beforehand by the candidate. A barograph chart endorsed by a designated observer will be accepted as evidence as an alternative to visual observation on the flight but not of the landing;
(iii) two winch launchings; and
(iv) two completed aero-tow launchings.
(b) Where the application relates to a glider of which the maximum total weight authorised exceeds 1,250 lb., the applicant may be required to undergo such flying tests as the Director may consider appropriate in the particular case.
(c) The tests shall be subject to the following conditions: (i) the candidate shall be alone in the glider;
(ii) the tests may be carried out in any order;
(iii) the tests shall be carried out within a maximum period of six months or within such longer period as may be authorised by the Director;
(iv) the tests shall be witnessed by properly accredited examiners who shall deposit their reports with the Director. The reports shall give full details of the flights and particularly of the landings; and
(v) the candidate shall, before each test, furnish the examiners with proof of his identity.
(7) Technical Examination—
The applicant shall, subject to the provisions of sub-regulation (8), be required to undergo an examination on his knowledge of aviation law, with particular reference to these Regulations, and on his knowledge of any information notified with respect to the responsibilities of a pilot.
(8) Exemptions—
At the discretion of the Director—
(a) an applicant who is the holder of a commercial pilot’s license (trailing gliders) may be exempted from the technical examination mentioned in sub-regulation (7);
(b) an applicant who is the holder of a flying machine pilot’s license may be exempted from the technical examination mentioned in sub-regulation (7);
(c) an applicant who produces satisfactory evidence that he has at any time been employed as a pilot in any military or naval air force may, according to his qualifications and his experience in respect of soaring flight, be exempted from the practical flying test mentioned in sub-regulation (6); and
(d) an applicant who holds a British Gliding Association Gliding Certificate issued within the period of two years immediately preceding the date of the application may be exempted from the technical examination referred to in sub-regulation (7) and from the flying tests specified in paragraphs (a) and (b) of sub-regulation (6).
(9) Flying Experience for Renewal of License—
An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has carried out as pilot-in-charge of a glider not less than two hours’ flying during the 12 months immediately preceding the date of the application, or, in default thereof, to carry out the practical flying tests specified in sub-regulation (6).
[Am by SI 153 of 1965.]
Commercial Pilot’s License (Trailing Gliders) Age of Applicant and Period of License
104. Commercial pilot (trailing gliders)
(1) An applicant for the grant of a commercial pilot’s license (trailing gliders) shall be not less than 19 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed six months.
(3) Aircraft Rating—
A license shall include an aircraft rating specifying the types of gliders which, subject to sub-regulation (4), the holder is entitled to fly.
(4) Privileges Attaching to License—
The license shall entitle the holder to fly as pilot-in-charge or as second pilot of any public transport or aerial work glider, of such type as may be specified in the license, of which the maximum total weight authorised exceeds 1,250 lb.
Technical Requirements for Grant of License
(5) Flying Experience—
The applicant shall, subject to the provisions of sub-regulation (8), be required to produce satisfactory evidence that he has had not less than 200 hours’ flying experience, of which not less than 100 hours were as pilot-in-charge of gliders or flying machines, including not less than 30 hours’ flying as pilot-in-charge of a glider during which the applicant carried out 80 take-offs and 80 landings, 5 of which take-offs and landings being made by night. Of this 30 hours’ flying not less than 10 hours shall be carried out during the six months immediately preceding the date of the application:
Provided that, in the case of an applicant who has passed an approved course of flying training, the said requirement of 200 hours’ flying experience may, at the discretion of the Director, be reduced to 150 hours.
(6) Practical Flying Tests—
The applicant shall, subject to the provisions of sub-regulation (8), undergo such practical flying tests as the Director may require.
Technical Examination—
(7) The applicant shall, subject to the provisions of sub-regulation (8), be required to undergo an examination (including practical tests) as to his knowledge of the following subjects:
(a) aviation law;
(b) air navigation;
(c) meteorology;
(d) interpretation of navigational aid identification signals;
(e) theory of flight and aircraft operating limitations;
(f) aircraft equipment and installations;
(g) airframe maintenance.
Exemptions—
(8) (a) At the discretion of the Director—
(i) an applicant who is the holder of a commercial, senior commercial or airline transport pilot’s license (flying machines), may, according to his qualifications, be exempted from all or any part of the practical flying tests and technical examination required by sub-regulations (6) and (7);
(ii) an applicant who produces satisfactory evidence that he has at any time been employed as a pilot of gliders in any military or naval air force may, according to his qualifications and experience, be exempted from all or any of the requirements as to flying experience and practical tests, and, from the technical examination, except as regards the examination subject specified in paragraph (a) of sub-regulation (7);
(iii) an applicant who does not satisfy the night flying requirements specified in sub-regulation (5) or which may be required under the provisions of sub-regulation (6), may be accepted as eligible for the grant, renewal or extension of a commercial pilot’s license (trailing gliders) restricted to flights between sunrise and sunset within Zambia.
(b) Any exemption granted in accordance with the provisions of sub-paragraphs (i) and (ii) of paragraph (a) may be made conditional upon the satisfactory completion of a special flying test.
Flying Experience for Renewal of License—
(9) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable flying experience as pilot of a glider during the six months immediately preceding the date of the application. In default thereof he may, at the discretion of the Director, be required to undergo all or any part of the practical flying tests and technical examination specified for the grant of a license.
Extension of License—
(10) An applicant for the extension of a license to include the flying of an additional type of glider shall normally be required to pass practical flying tests and a technical examination on the type to which the application relates.
[Am by GN 387 of 1963; SI 153 of 1965.]
105. Instrument rating requirements
(1) An applicant for an instrument rating shall be required to satisfy the requirements as respects flying experience, instrument flying tests and technical examinations hereunder specified.
Flying Experience—
(2) The applicant shall be required to produce satisfactory evidence that he—
(a) has carried out as pilot-in-charge of a flying machine not less than 150 hours’ flying, including 50 hours’ cross-country flying by day; and
(b) has carried out as pilot of a flying machine not less than 40 hours’ flying solely by reference to instruments:
Provided that—
(i) a maximum of 20 hours’ instrument flying training carried out on the ground in approved devices may be accepted in part satisfaction of this requirement; and
(ii) in the case of an applicant who has passed an approved course of training in instrument flying, the said requirements of 40 hours’ flying may be reduced to 30 hours, but in such case the maximum of 20 hours’ instrument flying training referred to in proviso (i) shall be reduced to 10 hours.
Instrument Flying Tests—
(3) The applicant shall be required, in the course of an instrument flying test with an examiner on board, to demonstrate his competence to fly solely by reference to instruments and in accordance with instrument flight rules.
Technical Examination—
(4) The applicant shall be required to undergo an examination (including practical tests) as to his knowledge of the following subjects:
(a) aviation law;
(b) flight operation;
(c) air navigation;
(d) meteorology; and
(e) the interpretation of signals given in morse code.
Renewal of Instrument Rating—
(5) (a) The holder of an instrument rating may not exercise the privilege of such rating, either as pilot-in-charge or as second pilot, unless he has, during the immediately preceding 12 months, passed an instrument rating or instrument rating renewal flying test and a certificate by an approved examiner to that effect is included in the certificate of validity relating to the license.
(b) In the case of an instrument rating renewal flying test, when the said holder has passed such test, the rating shall be renewed for 12 months from the date—
(i) of expiry of the rating if such test is undergone within 28 days before the date of expiry of the rating; or
(ii) of such test if such test is undergone more than 28 days before the date of expiry of the rating.
[Am by GN 151 of 1957.]
106. Assistant instructor’s rating
(1) A rating to act in the capacity of assistant instructor may be included in a flying machine pilot’s license of any class and shall be limited to particular classes and types of flying machines, having regard to the report of the examining body.
(2) A rating of one or more classes or types of flying machines may be extended to cover the giving of instruction in flying additional classes or types on the Director being furnished by the examining body with a satisfactory report that the applicant has produced such evidence and completed such examination and tests as may be appropriate in the circumstances of the case.
(3) Such a rating will be made valid only for the giving of instruction under the direction of a qualified instructor and will not authorise the holder to give directions to a pupil in regard to either the pupil’s first solo flight or his first solo cross-country flight.
(4) An applicant for an assistant instructor’s rating shall, subject to the provisions of sub-regulation (3) of regulation 107, be required—
(a) to produce satisfactory evidence that he has carried out not less than 100 hours’ flying as pilot-in-charge of a flying machine, of which not less than 30 hours shall have been carried out on the class of flying machine to which the application relates;
(b) to produce satisfactory evidence that he has passed a flying instructor’s course the syllabus of which has been approved;
(c) to undergo an oral examination in the subjects of such a course;
(d) to undergo a flying test, with an approved examiner on board, for the purpose of determining the applicant’s practical ability to act as an assistant instructor; and
(e) if the application relates to seaplanes—
(i) to undergo an oral examination for the purpose of determining his knowledge of the practical matters relating to the manoeuvring of seaplanes on the water; and
(ii) to undergo a test on a seaplane of the type or group to which the application relates, with an approved examiner on board, for the purpose of determining the applicant’s practical ability to give instruction in the handling of such seaplane on the water.
(1) A rating to act in the capacity of instructor may be included in a private, commercial, senior commercial or airline transport pilot’s license (flying machines) and will be limited to the giving of instruction on such types of flying machines, specified in the aircraft rating of the license, as the holder is, by the terms of the license, entitled to fly as pilot-in-charge.
(2) An applicant for an instructor’s rating shall, subject to the provisions of sub-regulation (3), be required—
(a) to produce satisfactory evidence that—
(i) he has carried out not less than 400 hours’ flying as pilot-in-charge of a flying machine, of which not less than 30 hours were carried out on the class and type of flying machine to which the application relates;
(ii) his flying experience includes not less than 100 hours’ flying in the capacity of assistant instructor;
(b) to undergo a flying test, with an approved examiner on board, for the purpose of determining the applicant’s practical ability to act as an instructor; and
(c) to satisfy the requirements for a rating to act as an assistant instructor specified in paragraphs (b), (c) and, when applicable, (e) of sub-regulation (4) of regulation 106.
(3) An applicant who has qualified as an instructor in flying machines in any military or naval air force may, according to his qualifications and experience, be exempted from all or any of the requirements specified in sub-regulation (4) of regulation 106 or sub-regulation (2). Such exemption may be made conditional upon the satisfactory completion of any part of the examination and tests.
[Am by SI 153 of 1965.]
108. Instructor’s rating (towed gliders)
(1) An applicant for a rating to give instruction in flying gliders (of which the maximum total weight authorised exceeds 1,250 lb.) towed by flying machines shall be required—
(a) to produce satisfactory evidence that he has carried out not less than 400 hours’ flying as pilot-in-charge of a glider or flying machine, of which—
(i) not less than 30 hours’ flying and 80 landings shall have been carried out by him as pilot- in-charge of a glider; and
(ii) not less than 25 hours’ flying including 5 flights during which a glider was towed by the flying machine and released therefrom, were carried out by him as pilot-in-charge of a flying machine;
(b) to undergo an oral examination in the subjects of a gliding instructor’s course conducted in accordance with an approved syllabus.
(2) In addition, the applicant may be required to undergo a flying test, on a flying machine or a glider towed by a flying machine, or on both, with an approved examiner on board, for the purpose of determining his practical ability to give instruction in flying gliders towed by flying machines:
Provided that an applicant—
(i) in whose license there is included a rating to give instruction in flying flying machines; or
(ii) who has qualified as an instructor in flying machines or gliders in any military or naval air force; may, according to his qualifications and experience, be exempted from all or any of the requirements of this regulation. Such exemption may be made conditional upon the satisfactory completion of a special examination or test.
[Am by SI 153 of 1965.]
109. Towing rating requirements
(1) Application by the holder of a flying machine pilot’s license for a towing rating entitling the holder to fly flying machines towing gliders of which the maximum total weight authorised exceeds 1,250 lb. shall be made in writing to the Director.
(2) Subject as hereinafter provided, an applicant for a towing rating shall be required to produce evidence of flying experience and undergo tests and examinations as specified in sub-regulation (4).
(3) A towing rating shall not authorise the towing of a glider or gliders by more than one flying machine.
Requirements for Grant of Towing Rating—
(4) (a) An applicant for a towing rating must be the holder of a commercial, senior commercial or airline transport pilot’s license (flying machines) granted under the provisions of these Regulations.
(b) The applicant shall be required to satisfy the requirements as to flying experience and undergo tests and examinations as specified in sub-regulations (5), (6) and (7).
Flying Experience—
(5) The applicant shall be required to produce satisfactory evidence that he has, during the 12 months immediately preceding the date of the application, carried out—
(a) as pilot-in-charge of a flying machine towing a glider, not less than 5 hours’ flying including at least 10 flights, not less than three of which were carried out at night; and
(b) as pilot-in-charge of a glider towed by a flying machine and released therefrom, not less than 3 hours’ flying, including at least 10 flights, one of which was carried out at night.
Practical Flying Tests—
(6) (a) Two flights as pilot-in-charge of a flying machine of a type included in Group 1 of the aircraft rating of the applicant’s license, towing one or more gliders, during each of which flights the applicant shall, in accordance with a plan arranged beforehand, fly to the position where the glider or gliders are to be released and after such release, drop the tow rope within the assigned area and land the flying machine at the assigned place. In respect of one of these flights, the total weight of the glider or gliders shall approximate to the maximum weight which the flying machine may be permitted to tow in the circumstances of the flight. The other flight shall be carried out at night and the position of release shall be when the flying machine is down wind of the place at which the glider or gliders are to land and is flying across wind at a suitable height above the level of that place.
(b) The tests shall be subject to the following conditions:
(i) the tests may be carried out in any order;
(ii) the tests shall be witnessed or conducted, as the case requires, by properly accredited examiners who shall deposit their reports with the Director. The reports shall give full details of the flights and, in particular, of the landings; and
(iii) the applicant shall, before each test, furnish the examiners with proof of his identity.
Technical Examination—
(7) (a) General knowledge of the procedure for towed flights, including the systems of intercommunication which may be used; the methods of towing; the effect of variation of load, and of wind and other meteorological conditions on gliding and towed flights; and the principles governing the selection of landing grounds for gliders;
(b) Knowledge of the types of gliders approved for towing by such types of flying machines included in Group 1 of the aircraft rating of the applicant’s license as have been approved for towing; the flight characteristics of and the instruments prescribed for such types of gliders; the permissible limits of loading for such combinations of flying machines and gliders; the types of tow ropes which may be used; the methods of inspection of tow ropes and quick release devices;
(c) Practical knowledge of aviation law, with particular reference to these Regulations, and knowledge of any information notified with respect to the responsibilities of a pilot in towing operations:
Provided that—
(i) an applicant who is the holder of a commercial pilot’s license (trailing gliders) may be exempted from technical examination in the subjects specified in paragraphs (a) and (c); and
(ii) an applicant who has at any time flown as a pilot of flying machines towing gliders in any military or naval air force may, according to his qualifications and experience, be exempted from all or any of the above requirements as to flying experience and practical flying tests, and from technical examination on the subjects specified in paragraphs (a) and (b). Such exemption may be made conditional upon the satisfactory completion of a special flying test.
[Am by SI 153 of 1965.]
Flight Navigator’s License, Age of Applicant and Period of License
110. Age of applicant and period of license for flight navigator
(1) An applicant for the grant of flight navigator’s license shall be not less than 21 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed 12 months.
Privileges Attaching to License—
(3) The license shall entitle the holder to act as flight navigator in any aircraft. Technical Requirements for Grant of License
Flying Experience—
(4) The applicant shall, subject to the provisions of sub-regulation (6), be required to produce satisfactory evidence that he has—
(a) carried out in the capacity of flight navigator not less than 200 hours’ cross-country flying, 50 hours of which were carried out during the 12 months immediately preceding the date of the application, and including not less than 50 hours’ night flying; and
(b) made during flight not less than 25 celestial observations by day and not less than 25 celestial observations by night and has applied the results of such observations to the navigation of the aircraft:
Provided that, at the discretion of the Director—
(i) in the case of an applicant who has passed an approved course of training as a flight navigator, the requirements as to flying experience specified in paragraph (a) may be reduced to such extent as the Director may think fit;
(ii) in the case of an applicant who holds a certificate of competency (or its naval equivalent) as master or mate of a foreign-going vessel, the requirements of 200 hours’ flying may be reduced to 100 hours; and
(iii) in the case of an applicant who has had flying experience as a pilot of public transport aircraft, one-half of such experience, up to a maximum of 100 hours, may be reckoned towards the said requirement of 200 hours’ flying.
Technical Examination—
(5) The applicant shall, subject to the provisions of sub-regulation (6), be required to undergo an examination (including practical tests) as to his knowledge of the following subjects:
(a) aviation law, in so far as it affects the responsibilities of a flight navigator;
(b) air navigation, including the interpretation of navigational aid identification signals; and
(c) meteorology.
Exemptions—
(6) At the discretion of the Director, an applicant who has at any time qualified as a flight navigator in any military or naval air force may, according to his qualifications and experience as flight navigator, be exempted from all or any of the requirements specified in sub-regulations (4) and (5).
Renewal of License—
(7) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable experience in the navigation of aircraft during the 12 months immediately preceding the date of the application. In default thereof the applicant shall, at the discretion of the Director, be required either to—
(a) undergo further training in navigational duties in aircraft under the supervision of a person who is the holder of a flight navigator’s license; or
(b) undergo all or any part of the technical examination specified for the grant of a license.
[Am by SI 153 of 1965.]
Flight Engineer’s License, Age of Applicant and Period of License
111. Age of applicant and period of license for flight engineer
(1) An applicant for the grant of a flight engineer’s license shall be not less than 21 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed 12 months.
Privileges Attaching to License—
(3) The license shall entitle the holder to act as flight engineer in any type of aircraft specified in the aircraft rating included in the license.
Technical Requirements for Grant of License
Aeronautical and Flying Experience—
(4) The applicant shall, subject to the provisions of sub-regulation (6), be required to produce satisfactory evidence that he—
(a) has had at least 50 hours’ experience in flight engineering duties on board the type of aircraft to which the application relates, or one of similar characteristics, during the 12 months immediately preceding the date of the application; and
(b) has demonstrated in flight to the satisfaction of the pilot-in-charge of an aircraft of the type to which the application relates, or one of similar characteristics, his practical knowledge of emergency procedures and his ability to take appropriate action in the event of any engine failure occurring, particularly during landings and take-offs.
Technical Examination—
(5) The applicant shall, subject to the provisions of sub-regulation (6), be required to undergo an examination on his knowledge of the following subjects; such examination will have reference to the type of aircraft to which the application relates:
(a) international air legislation;
(b) these Regulations in so far as they affect the responsibilities of a flight engineer;
(c) the theory of flight and aerodynamics;
(d) various terms and definitions used in the operation of aircraft;
(e) general knowledge of the maintenance and functioning of airframes, power plants and related appliances;
(f) general knowledge of aircraft operation and maintenance and a detailed knowledge of the manual or manuals relating to the type of aircraft to which the application relates or one of similar characteristics;
(g) methods of effecting in flight minor repairs, adjustments and replacements;
(h) aircraft performance with respect to speed limitations, and the procedure to be followed in case of emergency, particularly in the event of fire in the air or power plant failure;
(i) flight planning based on loading and performance charts, fuel consumption and engine power curves; control of power output and the mathematical computations involved;
(j) general knowledge of varying meteorological conditions and their effect on power plant operations;
(k) aircraft loading and centre of gravity computations;
(l) types of fuel and oil and fuelling procedure; and
(m) the preparation of reports, illustrated by sketches, if necessary, describing the replacement or repair required in case of damage.
Exemptions—
(6) An applicant who has at any time served as a flight engineer in any military or naval air force may, at the discretion of the Director and according to the applicant’s qualifications and experience, be exempted from all or any of the requirements specified in sub-regulations (4) and (5).
Renewal of License—
(7) An applicant for the renewal of a license shall be required to produce satisfactory evidence that he has had reasonable experience in flight engineering duties in the 12 months immediately preceding the date of the application, including experience on board each type of flying machine for which the renewal is desired. In default of such evidence, the applicant may be required to satisfy all or any of the requirements specified for the grant or extension of a license as the Director may consider appropriate in the circumstances of the case.
Extension of License—
(8) An applicant for the extension of the aircraft rating of a license to include an additional type of aircraft shall be required to satisfy the requirements specified in sub-regulation (4). He may also, at the discretion of the Director, be required to undergo all or any part of the technical examination specified in sub-regulation (5).
[Am by SI 153 of 1965.]
112. Age of applicant and period of license for cabin attendant’s license
(1) Any person who applies for the grant of a cabin attendant’s license shall not be less than 18 years nor more than 55 years of age.
(2) The period for which a license may remain in force, following either the grant or renewal thereof, shall not exceed 12 months.
(3) Any person who applies for the grant or renewal of a license shall be required to—
(a) pass a medical examination and the results shall remain valid for 24 months if the applicant is under 40 years of age and 12 months if the applicant is 40 years of age or over;
(b) satisfy the requirements as to mental and physical fitness specified in regulation 114 to the following medical standards:
(i) physical standard No. 2;
(ii) visual standard No. 2;
(iii) colour perception standard No. 2; and
(iv) hearing standard No. 1.
(4) Pregnancy shall be regarded as incapacitating the holder of a license from carrying out flying duties when the pregnancy is three months old or if a medical examiner assesses the holder unfit for flying duties even if she is less than three months pregnant.
(5) A cabin attendant’s license of any class shall specify the appropriate type of aircraft which the holder of the license is qualified to operate.
(6) An applicant for a license shall be required to qualify separately for each type of aircraft.
(7) A cabin attendant shall not be allowed to work in more than three types of aircraft at any one given time.
(8) A cabin attendant’s license shall entitle the holder to act in accordance with the following ratings as specified for each Class:
(a) Class I:
(i) instructor of other cabin attendants;
(ii) cabin attendant in charge of any type of aircraft which is endorsed in the Class I section of the license;
(iii) to provide passenger cabin services, and
(iv) to be in charge of emergencies.
(b) Class II:
(i) to provide passenger cabin services; and
(ii) to be in charge of emergencies;
(c) Class III:
(i) to provide passenger cabin services; and
(ii) cabin attendant on training prior to qualifying for initial or additional aircraft type.
(9) Upon passing of the examination to which sub-regulation (12) refers, a cabin attendant’s license may be applied for and be granted.
(10) For a type of aircraft to be entered in any Class of the cabin attendant’s license, the applicant shall be required to produce satisfactory evidence that such applicant—
(a) has carried out at least 10 flights of instructional and supervisory experience within the preceding 12 months on a type of aircraft to which the application relates or one with similar characteristics; and
(b) has undergone an approved course of technical training.
(11) The applicant shall be required to demonstrate, during a general practical test in flight, competency to carry out normal and emergency procedures relating to the Class and type of aircraft to which the applicant relates.
(12) The applicant shall be required to undergo an examination, as to knowledge of the following subjects:
(a) aviation law, flight rules and procedures;
(b) aircraft general knowledge;
(c) aircraft type rating;
(d) human performance and limitations;
(e) first aid and medical knowledge; and
(f) dangerous goods carried by air;
(13) The pass mark in all subjects of examination shall be 70 percentum.
(14) At the discretion of the Director, an applicant who has at any time served as a cabin attendant of any registered and licensed organisation or company, may, according to the applicant’s qualifications and flying experience, be exempted from all or any of the requirements specified in sub-regulations (9), (10) and (11).
(15) Any person who applies for the renewal of a license shall be required to produce satisfactory experience in flight duties in the 12 months immediately preceding the date of the application, including experience on board each type of aircraft for which the renewal is desired;
(16) Where the applicant does not produce the evidence specified in sub-paragraph (15), the applicant may be required to undergo all or any part of the practical tests and technical examinations specified for the grant of a license as the Director may consider appropriate.
(17) For a type of aircraft to be maintained in Class I or II of a cabin attendant’s license, evidence of at least one flight on that type of aircraft during the preceding 12 months shall be required.
(18) An applicant for the extension of an aircraft rating of a license so as to include an additional type of aircraft, shall produce evidence of having undergone an approved course of training and shall demonstrate to the satisfaction of the Director, general competency on board that type of aircraft or one with similar characteristics.
(19) A rating to act in the capacity of Cabin crew flight instructor may be included in a cabin attendant’s license and shall be limited to the giving of instructions only on types of aircraft in Class I.
(20) A Cabin crew flight instructor’s rating shall remain in force for 24 months from the date of the flying test.
(21) An applicant for a Cabin crew flight instructor’s rating shall produce satisfactory evidence that such applicant has:
(a) attended and passed an International Air Transport Association (IATA) type of ground training course for cabin flight instructors which has been approved by the Director;
(b) not less than one hundred hours as a Class I cabin attendant of which not less than 50 hours are on the types of aircraft to which the application relates;
(c) undergone not less than 20 hours of ground training at an approved training centre and has demonstrated to an approved examiner practical ability to act as a ground instructor; and
(d) undergone not less than 50 hours of flight training and has demonstrated to a flight examiner in the course of a flight, ability to act as a flight instructor.
(22) An applicant for the renewal of an instructor’s rating shall—
(a) produce evidence of having carried out a reasonable number of flights as an instructor in the 24 months immediately preceding the date of application; and
(d) demonstrate to an approved examiner in the course of a flight, ability to act as an instructor.
[Am by SI 130 of 1994.]
113. Age of applicant and period of license for flight radiotelephony operator
(1) An applicant for the grant of a flight radiotelephony operator’s license shall be not less than 18 years of age.
(2) The period for which a license may remain in force, following either the grant or any renewal thereof, shall not exceed 12 months.
Privileges Attaching to License—
(3) The license shall entitle the holder to act as flight radiotelephony operator in any locally registered aircraft, provided that the aircraft radio equipment embodies technical principles in respect of which his competency has been determined.
Technical Requirements for Grant of License—
(4) The applicant shall hold a current Certificate of Proficiency in Radiotelephony (Aeronautical), either General or Restricted, issued by the Postmaster-General of Zambia.
Experience—
(5) An applicant for the grant of a flight radiotelephony operator’s license shall not be required to furnish evidence of experience.
Renewal of License—
(6) An applicant for the renewal of a license shall be required to—
(a) produce satisfactory evidence that he has maintained competency; and
(b) renew the certificate of medical fitness in accordance with the standards prescribed in paragraph (j) of sub-regulation (10) of regulation 114.
[Am by GN 387 of 1963.]
113A. Age of applicant and period of license for Air Traffic Controller’s License
(1) Any person who applies for an Air Traffic Controller’s license shall not be less than 21 years of age.
(2) Any person who applies for an Air Traffic Controller’s License shall hold a current certificate of proficiency in Air Traffic Control from any recognised Air Traffic Control School approved by the Director.
(3) Any person applying for an Air Traffic Controller’s license shall furnish the Director evidence of his experience.
(4) The license shall entitle the holder to perform the functions as an Air Traffic Controller at any controlled aerodrome in Zambia.
(5) The period for which a license shall remain in force following either its grant or renewal shall not exceed 12 months.
(6) Any person who applies for a renewal of a license shall be required to renew the certificate of medical fitness in accordance with standards prescribed in paragraph d of the sub-regulation 10 of regulation 114.
113B. Age of applicant and period of license for Aeronautical Station Operator’s License
(1) Any person who applies for an Aeronautical Station Operator’s license shall not be less than 21 years of age.
(2) Any person who applies for an Aeronautical Station Operator’s license shall hold a current certificate of proficiency in Aeronautical Mobile and Aeronautical Fixed Services from any recognised aeronautical training school.
(3) Any person who applies for an Aeronautical Station Operator’s license shall be required to furnish evidence of his experience.
(4) The license shall entitle the holder to perform the functions of an Aeronautical Station Operator at any Controlled aerodrome in Zambia.
(5) The period for which a license shall remain in force following either its grant or renewal shall not exceed 12 months.
(6) Any person who applies for a renewal of a license shall be required to renew the certificate of medical fitness in accordance with the standards prescribed in paragraph (j) of sub-regulation (10) of regulation 114.
[Am by SI 177 of 1989.]
(1) A person applying for the grant or renewal of a license to act as a member of the operating crew of an aircraft shall be required to undergo a medical examination to ascertain whether his physical condition conforms with the standard of fitness, that is to say, the physical, visual, colour perception and hearing, applicable to his case, specified in sub-regulation (10). The examination shall be based upon the requirements specified in the Second Schedule:
Provided that—
(a) an applicant who does not satisfy the appropriate medical requirements may, at the discretion of the Director, be accepted as eligible for the grant or renewal of a license, so far as medical requirements are concerned, if the license is to be restricted to flying within Zambia. Any license granted or renewed in accordance with this proviso may be made subject to such conditions and restrictions as the Director may consider appropriate in the particular case;
(b) if an applicant for the renewal of a license is for the time being on duty as a member of the operating crew of an aircraft in a region distant from official medical centres, the medical examination which he should normally pass to obtain renewal of the license may at the discretion of the Director—
(i) be deferred once for a period of six months in the case of a member of the operating crew of a private aircraft; or
(ii) be deferred for two consecutive periods of three months each in the case of a member of the operating crew of a public transport or aerial work aircraft, on condition that the applicant obtains locally on each occasion a satisfactory medical certificate after having been examined by a qualified medical officer.
(2) If an applicant for the renewal of a license passes the medical examination, such license shall be renewed for the period prescribed in these Regulations for that particular class of license from the date—
(a) of expiry of the license, if such examination is undergone within 21 days before the date of expiry of the license;
(b) of such examination, if such examination is undergone more than 21 days before the date of expiry of the license.
(3) Medical examinations, other than the examination referred to in proviso (b) to sub-regulation (1), shall be carried out as follows:
(a) in the case of a student pilot’s license (flying machines) and a private pilot’s license (flying machines), the examination shall be carried out by a duly qualified medical practitioner, who may be the applicant’s usual medical attendant. It shall be conducted in accordance with C.A. Form 19, and a copy of the appropriate form, completed as required, shall be forwarded by the medical examiner to the address specified on the form;
(b) in the case of a commercial pilot’s license (flying machines), a senior commercial pilot’s license (flying machines), an airline transport pilot’s license (flying machines), a flight navigator’s license, a flight radio operator’s license, a flight engineer’s license, a commercial pilot’s license (soaring gliders), a commercial pilot’s license (trailing gliders), the medical examination shall be conducted by specially qualified medical officers appointed by or acting under the authority of the Director.
(4) Every applicant who presents himself for medical examination for the grant or renewal of a license shall be required to furnish to the medical examiner a declaration signed by him stating whether he has previously undergone such medical examination and, if so, where, when and with what result. A false declaration may entail the cancellation of any license granted or renewed as a result of the examination.
(5) If the holder of a license is aware, or has reasonable grounds to suspect, that his physical, aural or eye condition has deteriorated in any respect, even if only temporarily as the result of a common minor ailment, so that it may be below the standard of medical fitness required for the grant of such license, he shall not act in any capacity for which he is so licensed until he is satisfied that his condition has been restored to the required standard.
(6) If the holder of a license—
(a) suffers any personal injury as the result of an accident occurring while he is acting in any capacity for which he is licensed;
(b) suffers any personal injury involving incapacity for work as the result of an accident occurring otherwise than while he is acting in any capacity for which he is licensed;
(c) suffers from any illness involving incapacity for work during 20 days or more;
he shall send notification of the occurrence, in writing, to the Director as soon as possible in the case of accident and, in the case of illness, as soon as the period of twenty days has elapsed.
(7) The holder of a license may, after suffering any such personal injury or illness, be required to undergo a full or partial medical examination. He shall not resume acting in any capacity for which he is licensed until he has arranged for a medical report, detailing the nature of the injury or illness, the treatment received, the progress made whilst under treatment and his present condition, to be forwarded to the Director and has, in the light of such report, either been examined and pronounced fit or has been informed by the Director that an examination is not required.
(8) Where a holder of a licence is certified pregnant by a medical officer, the holder may—
(a) continue to perform flying duties to time that holder is four months pregnant unless certified unfit for flying duties by a medical officer; and
(b) resume flying duties upon being certified fit after delivery.
[Reg 114(8) subs by reg 2 of SI 163 of 1996.]
(9) Save as is provided in proviso (b) to sub-regulation (1), the medical examination required for the purpose of sub-regulation (7) shall conform with the same conditions and standards as for the grant or renewal of a license.
Standards of Fitness—
(10) The standards of fitness appropriate to the various classes of licenses shall be—
(a) Private Pilot’s License and Student Pilot’s License (Flying Machines)—
| Physical Standard | No. 3 |
| Visual Standard | No. 3 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 4 |
(b) Commercial Pilot’s License (Flying Machines)—
| Physical Standard | No. 2 |
| Visual Standard | No. 1 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 3 |
(c) Senior Commercial Pilot’s License (Flying Machines)—
| Physical Standard | No. 1 |
| Visual Standard | No. 1 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 1 |
(d) Airline Transport Pilot’s License (Flying Machines)—
| Physical Standard | No. 1 |
| Visual Standard | No. 1 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 1 |
(e) Commercial Pilot’s License (Soaring Gliders)—
| Physical Standard | No. 2 |
| Visual Standard | No. 1 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 3 |
(f) Commercial Pilot’s License (Trailing Gliders)—
| Physical Standard | No. 2 |
| Visual Standard | No. 1 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 3 |
(g) Flight Navigator’s
License—
| Physical Standard | No. 2 |
| Visual Standard | No. 2 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 3 |
(h) Flight Engineer’s License—
| Physical Standard | No. 2 |
| Visual Standard | No. 2 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 3 |
(i) Flight Radio Operator’s License—
| Physical Standard | No. 2 |
| Visual Standard | No. 2 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 1 |
(j) Flight Radiotelephony Operator’s License—
| Physical Standard | No. 2 |
| Visual Standard | No. 2 |
| Colour Perception Standard | No. 2 |
| Hearing Standard | No. 1 |
(11) A person who is the holder of a flying machine pilot’s license (private or commercial) and who has been granted, or makes application for, an instrument rating shall be required to satisfy Hearing Standard No. 1.
(12) If an application for the grant or renewal of a license or for the inclusion in a license or the renewal of a rating for which Hearing Standard No. 1 is required fails to satisfy that standard, the license or rating may nevertheless be granted, included or renewed, as the case may be, if the applicant either—
(a) satisfies Hearing Standard No. 2; or
(b) demonstrates his ability, under practical or simulated practical conditions, to receive spoken messages by radiotelephony accurately in a complex noise background of an intensity level of not less than 100 decibels, the intensity level of the spoken message being 8 decibels above the intensity level of the background noise;
and the Director is satisfied that the applicant, by reason of his experience in radio reception, can competently perform the duties for which a license or rating is desired.
[Am by GN 151 of 1957, 387 of 1963.]
115. Age of applicant and period of license of licensing and duties for aircraft maintenance engineers
(1) The Director may grant licenses to persons to act in the capacity of aircraft maintenance engineers for the purpose of entitling such persons to issue in connection with the construction, repair and maintenance of aircraft and matters connected therewith the certificates required to be issued under the provisions of these Regulations, and the provisions of this regulation shall apply to such licenses.
(2) Application for the grant or renewal of a license to act in the capacity of aircraft maintenance engineer, or for the extension of a rating included in such a license, shall be made to the Director, and the applicant shall furnish the Director with such particulars as he may require in connection therewith.
(3) An applicant for the grant of an aircraft maintenance engineer’s license shall be not less than 21 years of age, and shall be able to read, write and converse fluently in the English language.
(4) The Director may grant a license on application being made and on his being satisfied that the applicant is qualified in accordance with such requirements (hereinafter in this regulation called "the requirements") as may, for the purposes of this regulation, be notified from time to time.
(5) A license may relate to aircraft, engines, instruments, accessories or radio.
(6) (a) Following the grant or renewal thereof, a license shall, subject to the provisions of regulation 83, remain in force for a period not exceeding 12 months, as shown on the certificate of validity issued by the Director with the license, but may, on application being made and on the Director being satisfied that the applicant is qualified in accordance with the requirements to have the license renewed, from time to time be renewed by the Director so as to remain in force for a further period, not exceeding 12 months, specified in a certificate of validity issued by the Director on the occasion of renewal:
Provided that, on any such application being made, the applicant may be required to satisfy the Director as to his qualifications in accordance with all or any of the requirements applicable with respect to the grant of a license.
(b) A certificate of validity issued in accordance with the provisions of paragraph (a) shall, while it remains in force, be deemed to form part of the license to which it relates and the certificate of validity which is for the time being in force shall be carried with that license.
(7) On the issue of a license to an applicant, he shall forthwith sign his name thereon in ink with his ordinary signature.
(8) The categories of certification and duties of certification in respect of which licenses may be granted shall be as follows:
Category A (applicable to aircraft, excluding engines)—
(i) certification as to fitness for flight of an aircraft for which a certificate of airworthiness is about to be issued;
(ii) certification in the manner prescribed in Part VII, in respect of public transport aircraft;
(iii) certification of work done under approved maintenance schedules;
(iv) certification of repairs approved as minor repairs;
(v) certification of modifications approved as minor modifications;
(vi) certification of replacement of approved components and parts. Category B (applicable to aircraft, excluding engines)—
(i) certification of aircraft after overhaul, including the engine installation, except that the overhaul, repair or modification of the instruments, automatic pilots, variable-pitch propellers, or electrical equipment shall have been previously certified by a firm approved for the purpose or by an aircraft maintenance engineer licensed for the purpose in Category X;
(ii) certification of approved repairs;
(iii) certification of approved modifications;
(iv) certification of the replacement of approved components and parts;
(v) certification of the construction of components and parts and the materials used therefor, unless it is stated in the license that this duty is excluded.
Category C (applicable to engines)—
(i) certification as to fitness for flight of the engines in an aircraft for which a certificate of airworthiness is about to be issued;
(ii) certification in the manner prescribed in Part VII, in respect of engines in public transport aircraft;
(iii) certification of work done under approved maintenance schedules;
(iv) certification of the embodiment of approved modifications and the replacement of approved components and parts, provided that the work has not involved dismantling the engine other than to obtain access to the pistons, cylinders and valve-operating gear.
Category D (applicable to engines only)—
(i) certification of engines after overhaul, except that the overhaul, repair or modification of magnetos and other ignition equipment shall have been previously certified by a firm approved for the purpose or by an aircraft maintenance engineer licensed for the purpose in Category X;
(ii) certification of approved repairs;
(iii) certification of approved modifications:
(iv) certification of the replacement of approved components and parts;
(v) certification of the construction of components and parts and the materials used therefor, unless it is stated in the license that this duty is excluded.
Category X—
(i) certification of the installation and the compensation of compasses;
(ii) certification of overhauls, repairs, modifications or replacements to magnetos and other ignition equipment;
(iii) certification of overhauls, repairs, modifications or replacements to and installation of- (a) variable-pitch propellers;
(b) aircraft instruments and engine instruments;
(c) electrical equipment;
(d) automatic pilots.
Category A(R) (applicable to radio)—
(i) certification of the inspection, overhaul, repair and modification of aircraft radio stations, excluding equipment that is normally removable;
(ii) certification of the correct functioning of radio apparatus installed in aircraft;
(iii) certification of work done under approved maintenance schedules;
(iv) certification in the manner prescribed in Part VII, in respect of radio apparatus installed in public transport aircraft;
(v) if the license is so endorsed, certification of radar apparatus as under paragraphs (i), (ii), (iii) and (iv).
Category B(R) (applicable to radio)—
(i) certification of the inspection, overhaul, repair and modification of all aircraft radio apparatus in workshops approved for the purpose by the Director;
(ii) if the license is so endorsed, certification of radar apparatus as under paragraph (i).
(9) A rating in any of the categories specified in sub-regulation (8) shall specify the types of aircraft, engines, instruments, accessories or radio in respect of which the holder of the license is entitled to perform the duties of certification appropriate to that category.
(10) A rating in respect of aircraft or engines may relate either to a single type of aircraft or engine or to a group of types of aircraft or engines.
(11) The Director may, on application being made, at any time during the currency of a license extend the ratings included therein by the addition of further ratings in any category on his being satisfied that the applicant is qualified in accordance with the requirements to have such extension.
[Am by GN 641 of 1954, 151 of 1957; SI 345 of 1969.]
115A. Age of applicant and period of license for Telecommunication and Navigation Aids engineer’s License
(1) The Director may grant a license to any person to be a telecommunications and navigation aids engineer which shall entitle such a person to issue certificates in connection with the installation, repair, modification and maintenance of equipment and matters connected with telecommunications and navigation aids.
Telecommunications and Navigation aids engineer’s license
(2) Any person applying for a telecommunications and navigation aids engineer’s license, shall furnish the Director with evidence of his qualifications, experience and any other information which the Director may require.
(3) An applicant for the grant of the telecommunications and navigation aids engineer’s license shall not be less than 21 years of age and shall be able to read, write and converse fluently in the English Language.
(4) The Director may grant a license or renewal of a license under this regulation if he is satisfied that the applicant has the necessary qualification and experience.
(5) A license granted under this regulation may relate to HF and VHF communications equipment, navigation aids systems or accessories.
(6) A license, shall subject to regulation 83, remain in force for a period not exceeding 12 months as specified on the certificate of validity issued by the Director.
(7) A license issued under this regulation may, on application, be renewed by the Director and shall be in force for a further period not exceeding 12 months as specified on the certificate of validity issued with the renewal.
(8) The certificate of validity referred to in sub-regulations (6) and (7) shall form part of the license.
(9) The category of certificates and duties of certification for which a license may be granted under this regulation shall be as follows:
Category T (Applicable to HF and VHF\UHF communication, etc., excluding navigation aids facilities)—
(i) certification of the inspection, repair and modification of ground based communication apparatus in workshops approved by the Director;
(ii) certification of the correct functioning of ground based communication apparatus;
(iii) certification of work done under approved maintenance schedules;
(iv) certification of AFTN message switching system apparatus as specified in paragraphs (i) to (iii).
Category N (applicable to all navigation facilities)—
(i) certification of the inspection, repair and modification of ground based navigation aids facilities in workshop approved by the Director;
(ii) certification of the correct functioning of ground based navigation aids facilities;
(iii) certification of work done under approved maintenance schedules;
(iv) certification of radar apparatus as specified in paragraphs (i) to (iii).
(10) A rating in any of the categories specified in sub-regulation (9) shall specify the type of communication or navigation aids facility for which the holder of the license is entitled to perform his duties of certification.
(11) A rating in respect of telecommunications or navigation aids may relate either to a single equipment or to a group of types of equipment.
(12) The Director may, on application at any time during the currency of a license add further ratings in any category if he is satisfied that the applicant has the necessary qualification and experience.
[Am by SI 87 of 1991.]
PART XV
AERODROMES
(1) The Director may license an aerodrome either for public use or for use by particular persons or classes of persons, and for use either by aircraft of all classes and descriptions or by particular aircraft or classes or descriptions of aircraft.
(2) The Director may grant a license in respect of an aerodrome on such conditions as may be specified in the license, and any conditions so specified shall be complied with by the licensee of the aerodrome as if they were contained in these Regulations.
(3) A license granted by the Director in respect of an aerodrome shall, subject to the provisions of regulation 83, remain in force for such period, not exceeding 12 months, as may be shown therein but may from time to time be renewed by the Director for such period, not exceeding 12 months, as may be shown therein and such renewal may be with or without variation of any conditions or of the description of the aerodrome previously contained in the license.
(4) Application for the grant or renewal of a license in respect of an aerodrome shall be made to the Director and the applicant shall furnish the Director with such particulars as he may require in connection therewith and shall comply with any requirements of the Director as to inspection of the aerodrome.
(5) All military aircraft belonging to or employed in any branch of the Defence Force performing air service shall, subject to the conditions of the license, have at all reasonable times the right of access to any licensed aerodrome.
(6) An aerodrome which is not a Government aerodrome or a licensed aerodrome shall be registered with the Director by the owner of the land on which it is situated as an unlicensed aerodrome and shall be open to inspection by the Director.
(7) Nothing in these Regulations shall be construed as conferring any right to land in any place against the owner of the land or other persons interested therein, or as prejudicing the rights or remedies of any person in respect of injury to persons or property caused by an aircraft.
[Am by SI 153 of 1965.]
117. Authorisation by Director
The Director may authorise any person to exercise the powers conferred by paragraphs (a) and (b) of sub-section (1) of section 7 of the Act.
118. Charges at and accessibility of aerodromes
(1) The Director may—
(a) prescribe or approve—
(i) a scale of fees to be charged at any aerodrome licensed for public use or at any Government aerodrome, in respect of any services to aircraft which may be specified in such scale; and
(ii) different scales of fees at any such aerodromes for different types or classes of aircraft so specified; and
(iii) conditions to be observed in relation to the charging of such fees or the rendering of such services; and
(iv) any modification to any scale or conditions mentioned in sub-paragraphs (i), (ii) and (iii);
(b) in respect of any aircraft or class or type of aircraft, exempt any government, person or class of person, from the payment of any fee or the observance of any condition so prescribed or approved;
(c) classify aerodromes licensed in terms of regulation 116, for the purpose of prescribing or approving any such scale or conditions with reference to a particular class of such aerodromes.
(2) The person in control of an aerodrome so licensed—
(a) shall exhibit and keep exhibited in a conspicuous place in the aerodrome a tariff in a form approved by the Director of the charges to be made thereat in respect of services to aircraft; and
(b) shall not make in respect of any service rendered to an aircraft any charge which is greater or less than the charge specified in such tariff in respect of that service, which charge shall be in accordance with a scale prescribed or, as the case may be, approved by the Director pursuant to the provisions of sub-regulation (1).
(3) The person in control of any aerodrome which is open to public use by locally registered aircraft on payment of charges shall allow the aircraft of all contracting States alike to use the aerodrome to the same extent and upon the same conditions and shall ensure that any charges made at any such aerodrome for landing and length of stay are uniformly applicable with respect to the aircraft of all contracting States alike.
[Am by GN 151 of 1957.]
119. Use of government and designated aerodromes
(1) A Government or designated aerodrome may be notified as available for use as a place of landing or departure by aircraft other than aircraft belonging to or employed in any branch of the Defence force performing air services and if so notified, may be so used subject to any conditions or limitations which may be so notified with respect to such use but, no aircraft other than an aircraft belonging to or employed in any branch of the Defence forces performing air service shall use any Government or designated Aerodrome as a place of landing or departure unless it does so by, and in accordance with the terms of, special permission of the Director or person authorised by him or unless it is compelled by accident, stress of weather or other unavoidable cause to make an emergency landing thereon.
(2) Every aircraft making use of a Government or designated aerodrome in accordance with sub-regulation (1) shall comply with the requirements of the Director or person authorised by him at the aerodrome relating to such use.
(3) Regulation 120 of the principal regulations is amended by the deletion of paragraph (b) and the substitution therefor of the following new paragraph: Amendment of regulation 120
(b) a Government or designated aerodrome which has been notified as available for use by such an aircraft or which in a particular case such an aircraft is specially permitted to use under regulation 119:
Provided that this prohibition shall not apply—
(i) to a landing due to accident, stress of weather or other unavoidable cause or to the next subsequent departure from the place in which the landing due to any such cause has been made; or
(ii) to a landing or departure made by a flying club and carrying a member of the club whether for the purpose of instruction or otherwise.
[Am by GN 641 of 1954; SI 153 of 1965, 87 of 1991.]
(1) No aircraft carrying passengers for hire or reward shall use as a place of landing or departure any place in Zambia other than—
(a) an aerodrome licensed for use by such an aircraft; or
(b) a Government aerodrome which has been notified as available for use by such an aircraft, or which in a particular case such an aircraft is specially permitted to use under the provisions of regulation 119:
Provided that this prohibition shall not apply—
(i) to a landing due to accident, stress of weather or other unavoidable cause or to the next subsequent departure from the place in which the landing due to any such cause has been made; or
(ii) to a landing or departure made by a glider being flown under arrangements made by a flying club and carrying a member of the club whether for the purpose of instruction or otherwise.
(2) The person in control of any aerodrome other than an aerodrome mentioned in sub-regulation (1) shall not permit that aerodrome to be used—
(a) by an aircraft in contravention of that sub-regulation; or
(b) by night by aircraft not carrying passengers for hire or reward unless lights are provided which are adequate for the purpose of such use.
(3) (a) An aerodrome may be notified as not available for use as a place of landing or departure by aircraft during any period notified and, if an aerodrome has been so notified, no aircraft shall during such period use that aerodrome as a place of landing or departure unless it is compelled by accident, stress of weather or other unavoidable cause to make an emergency landing thereon.
(b) An aerodrome may be notified for use as a place of landing or departure only by aircraft of such class, type or description during such period and subject to such conditions or limitations with respect to the use thereof as may be notified and, if an aerodrome has been so notified—
(i) every aircraft of such class, type or description shall in making use of that aerodrome during such period do so in accordance with such conditions or limitations; and
(ii) no aircraft as aforesaid shall during such period use that aerodrome as a place of landing or departure unless it is compelled by accident, stress of weather or any other unavoidable cause to make an emergency landing thereon.
[Am by GN 269 of 1957; GN of 387 of 1963.]
With respect to any licensed aerodrome or Government aerodrome, the conditions under which noise and vibrations may be caused by any aircraft (including military aircraft) on any licensed aerodrome or Government aerodrome shall, subject to any special conditions which may be prescribed with respect to a particular aerodrome, be as follows:
(a) when the aircraft is taking-off or landing; or
(b) when the aircraft is moving on the ground or on water; or
(c) when the engines of the aircraft are being operated—
(i) for the purpose of ensuring their satisfactory performance; or
(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or
(iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.
122. Prohibition of entry on aerodromes
No person, other than a person engaged on duty connected with aircraft and their operation or an aircraft passenger in charge of a person engaged on duty connected with aircraft and their operation, shall enter a restricted area except with the permission of the superintendent or manager of the aerodrome. For the purpose of this regulation "restricted area" means any portion of an aerodrome on which (in the case of building on) and round which (in the case of an area of an aerodrome) there are notices, erected with the authority of the superintendent or manager of the aerodrome, prohibiting entry.
PART XVI
INVESTIGATION OF ACCIDENTS
This Part shall apply to accidents arising out of, or in the course of, aircraft operation which occur in or over Zambia, or which occur elsewhere to locally registered aircraft.
[Am by GN 387 of 1963.]
124. Interpretation of terms in Part XVI
In this Part, unless the context otherwise requires—
“accident” means—
(a) a landing in circumstances of emergency due to any cause; or
(b) an occurrence which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked in which any person suffers death or serious injury while in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or the aircraft receives substantial damage;
“board of inquiry” means a commissioner or commissioners appointed by the Minister in terms of sub-regulation (1) of regulation 128;
“substantial damage” means any damage that necessitates the replacement or extensive repair of any major component or the equivalent considering all damage to the aircraft collectively.
125. Notification of accidents
(1) If an accident occurs, the pilot or, if the pilot is incapacitated by injury, the owner or hirer of the aircraft shall—
(a) if the accident occurs in or over Zambia, send notice thereof by telegram to the Director and notify the officer-in-charge of the nearest police post; and
(b) if the accident has occurred elsewhere than in or over Zambia, send notice thereof in writing to the Director;
Provided that in the case of an aircraft which is engaged on hire at the time of the accident, the owner thereof shall, as between himself and the hirer and in the absence of any agreement to the contrary, be responsible for compliance with this regulation.
(2) The notice shall be sent as soon as possible and, if the accident occurs in or over Zambia, within 12 hours after the occurrence of the accident, unless the person whose duty it is to send it proves that it was not possible to send it within that time.
(3) The notice shall state—
(a) the nationality and registration marks of the aircraft;
(b) the name of the owner and hirer (if any) of the aircraft;
(c) the name of the pilot of the aircraft;
(d) the name of the place where the accident occurred;
(e) the date and time when the accident occurred;
(f) the nature of the accident;
(g) whether death or injury was caused by the accident, and, if so, to whom.
[Am by GN 387 of 1963.]
126. Interference with aircraft
(1) If an accident occurs in or over Zambia the aircraft shall not, except under the authority of the Director, be removed from its place or otherwise interfered with:
Provided that—
(i) the aircraft or any part thereof may be removed or interfered with as far as may be necessary for the purpose of extricating persons or animals involved, removing mail carried by the aircraft, preventing destruction by fire or other cause, or for some other urgent reason approved of by a superior or commissioned police officer;
(ii) goods, mail or passengers’ baggage may be removed from the aircraft under the supervision of the pilot or a police officer but, in the case of an aircraft which has come from some place outside Zambia, shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of a customs officer.
(2) The Director may authorise any person, so far as may be necessary for the purpose of any investigation under these Regulations, to take measures for the preservation of the aircraft and to have access to examine, remove, or otherwise deal with the aircraft:
Provided that, if an aircraft is wrecked on the water, the aircraft or any part of contents thereof may be removed to such extent as may be necessary for bringing it to a place of safety.
[Am by GN 387 of 1963.]
127. Appointment of inspectors
(1) If an accident occurs, a person or persons generally or specially appointed by the Director for the purpose (in this Part referred to as inspectors) may, whether or not such accident is one whereof notice is required to be given under these Regulations, make inquiries as to the cause of the accident and report thereon to the Director. All persons are required, by all reasonable means, to assist the inspectors who shall have access to and authority to examine any aircraft concerned in the accident, the place where the accident occurred, and any documents, material, equipment or components that may be pertinent to their inquiries.
(2) On completion of any inquiries made under sub-regulation (1), and after submission to the Director of the inspector’s report, the Minister may, at his discretion, instruct that the contents of such report are made public in whole or in part.
(1) Where it appears to the Minister that it is expedient to hold a public inquiry into the causes and circumstances of an accident, he may appoint a commissioner or commissioners for that purpose.
(2) To assist a board of inquiry the Minister may appoint an assessor or assessors possessing aeronautical, engineering, or other special skill or knowledge.
(3) A board shall hold an inquiry in public save to the extent to which the board is of opinion that in the interests of justice or in the public interest any part of the evidence, or any argument relating thereto, should be heard in camera.
129. Powers of boards of inquiry
(1) A board may make such rules for its own guidance and the conduct and management of proceedings before it and the hours and times and places for its sittings as it may think fit.
(2) A board shall have power to inspect or authorise any person to inspect any aircraft concerned in the accident and to enter and inspect any place or building, the entry and inspection whereof appears to the board to be necessary for the purpose of the inquiry.
(3) Any person who is in any way implicated or concerned in the accident under inquiry shall be entitled to be legally represented by any person entitled to practise in the High Court or any subordinate court in Zambia.
(4) The Commissioner of Police shall detail police officers to attend upon a board, to preserve order during the proceedings and to perform such duties as the board may direct.
(5) A board shall not be liable to any action or suit for any matter or thing done by it in the exercise of its functions under these Regulations.
[Am by GN 387 of 1963; SI 153 of 1965.]
(1) The Minister may direct what remuneration (if any) shall be paid to a board and to any assessor, and may direct the payment of any other expenses attendant upon the carrying out of the board’s functions.
(2) A board may order the costs and expenses of an inquiry, or any part thereof, to be paid by any party, if it finds that the accident was due to the act or default or negligence of that party or of any person in the employment of that party; and any such order shall be of the same force and effect and proceedings may be taken thereon as if such order were a judgment as to costs in a subordinate court.
131. Reports of boards of inquiry
On conclusion of the proceedings of a board, the board shall make a report to the Minister stating fully the circumstances of the case and the opinion of the board concerning the causes of the accident and adding any observations and recommendations which the board thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any license, certificate, or other document.
PART XVII
GENERAL AND SUPPLEMENTARY
The Civil Air Ensign established in the Republic under the Civil Air Ensign Regulations shall not be flown within Zambia save—
(a) on locally registered aircraft;
(b) at any licensed aerodrome or aerodrome under the control of the Director;
(c) by the person operating an air transport undertaking owning Zambian aircraft on or in proximity to any building occupied by him at his principal office or place of business;
(d) by any person to whom permission in writing is granted by the Director:
Provided that the Civil Air Ensign shall not be hoisted on board any ship or boat without warrant from the President.
[Am by GN 387 of 1963; SI 153 of 1965.]
No person shall secrete himself and be carried in an aircraft without the consent of the pilot-in-charge of the aircraft, or in the case where a person other than the pilot-in-charge is in command thereof, without the consent of that person.
(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 the flight would be in contravention of the provisions or any provision of regulation 10, 16, 20, 59, 72 or 73;
(b) in such circumstances that the flight would be in contravention of any other provision of these Regulations and be a cause of danger to persons in the aircraft or goods carried for hire or reward therein or to other persons or property on land or water or in the air; or
(c) while in a condition unfit for flight, whether the flight would otherwise be in contravention of any provision of these Regulations or not;
the Director or such authorised person may give such instructions and take such steps by way of detention of the aircraft or otherwise as appear to him necessary in order to prevent the flight.
(2) For the purposes of sub-regulation (1), the aircraft may be inspected by an authorised person.
(3) If any person contravenes any instructions given under this regulation, he shall be deemed to have contravened these Regulations, and no aircraft shall fly in contravention of any such instructions.
(4) For the purposes of this regulation, "authorised person" includes—
(a) a person authorised in writing by the Director; and
(b) a superior or commissioned police officer.
[Am by GN 269 of 1957.]
135. Powers of authorised persons and police officers
Any authorised person and any police officer shall—
(a) have the right to enter and inspect any aerodrome, hangar, or aircraft, or any operational servicing or manufacturing organisation engaged in aviation and to inspect any aircraft equipment, components or materials for the purpose of ensuring that the provisions of the Act and of these Regulations have been or are being complied with. Such persons shall have access to all documents reasonably required by them for the proper execution of their duties;
(b) have access to any place where an aircraft has landed for the purpose of inspecting the aircraft or any document which he has the power to demand under these Regulations, and for the purpose of detaining the aircraft under the provisions of these Regulations;
(c) provided the commercial operation of the aircraft is not thereby prejudiced, have access to any aircraft for the purpose of checking whilst in flight, the performance of the aircraft, its engines, propellers and other appliances and the efficiency of flight crew members in the performance of their duties.
136. Obstruction of authorised persons
No person shall obstruct or impede any person acting in the exercise of his powers or the performance of his duties under these Regulations.
Liability shall not be accepted by the Department of Civil Aviation, its servants or agents, or by any servant or agent of the Government for loss or damage by accident, fire, flood, tempest, explosion or any other cause to aircraft, or for loss or damage from whatever cause arising to goods, mails, or other articles, or for loss or injury from whatever cause arising to passengers or other persons (including pilots, engineers, or other personnel of aircraft) landing at, departing from, or accommodated in or at any Government aerodrome or landing ground even if such loss, damage or injury is caused by or arises from negligence on the part of any servants or agents of the Department of Civil Aviation or any servant or agent of the Government.
[Am by GN 387 of 1963; SI 153 of 1965.]
The holder of any license, certificate or rating issued in terms of these Regulations shall, within 14 days from the date of any change of permanent address, notify the Director of such change of address.
Monthly returns or such other returns or information as and when required for statistical purposes shall be rendered to the Director by all operators.
(1) The provisions of the Third Schedule shall have effect with respect to the fees to be charged in connection with the certificates, licenses and other documents referred to in these Regulations and otherwise in connection with the purposes of these Regulations.
(2) Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions, the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable. If, after such payment or deposit has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Director, the Director may, subject as hereinafter provided, refund the amount of such payment or deposit. Where the amount paid or deposited is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cesser or refusal, the Director may refund the amount so attributable or, in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Director is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cesser or refusal:
Provided that, if in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out at the time when the application is withdrawn by him or otherwise ceases to have effect or is refused by the Director, the amount representing the balance of such fee shall be payable by the applicant.
(3) In sub-regulation (2) and in the Third Schedule, "investigation" includes an inspection, examination, calculation or test.
(4) Where application is made for the grant or renewal of any license specified in paragraphs 7 and 8 of the Third Schedule, or for the addition of a rating to, or any other extension of, such license, and it is necessary for an examination or examinations to be conducted by any approved person or approved body other than the Director, the fees chargeable shall be such as the Director may in each case fix.
[Am GN 641 of 1954.]
[Regulation 17]
NATIONALITY AND REGISTRATION MARKS
1. Save as provided in paragraph 3, the nationality and registration marks shall be painted on the aircraft, or shall be affixed thereto by any other means ensuring a similar degree of permanence, in the following manner:
(a) Flying Machines and Gliders—
(i) Wings-The marks shall appear once on the upper surface of the wing structure and once on the lower surface of the wing structure. They shall be located on the right half of the upper surface and on the left half of the lower surface of the wing structure unless they extend across the whole of both the upper and lower surfaces of the wing structure. So far as is possible, the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing.
(ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces- The marks shall also appear either on each side of the fuselage (or equivalent structure) between the wings and the tail surfaces, or on the upper halves of the vertical tail surfaces. When located on a single vertical tail surface, they shall appear on both sides. When there is more than one vertical tail surface, the marks shall appear on the outboard sides of the outer surfaces.
(b) Airships and Balloons—
(i) Airships-The marks shall appear on each side of the airship and also on the upper surface on the line of symmetry. They shall be located lengthwise near the maximum cross-section of the airship.
(ii) Spherical Balloons-The marks shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference of the balloon.
(iii) Non-spherical Balloons-The marks shall appear on each side They shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.
(iv) In the case of all airships and balloons, the side marks shall be so placed as to be visible both from the sides and from the ground.
2. Subject to the provisions of paragraphs 3 and 4, the following provisions concerning the letters constituting the marks shall be complied with:
Flying Machines and Gliders—
(i) Wings-The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least 20 inches.
(ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces- The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces shall be such as to leave a margin of at least two inches along each side of the vertical tail surface. The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least 12 inches.
3. In cases where the constructional details of the aircraft do not admit of compliance with any of the provisions of paragraphs 1 and 2, the nationality and registration marks shall be affixed to the aircraft in such a manner, and the letters constituting the marks shall be of such a height, as may be approved by the Director.
[Am by GN 151 of 1957.]
4. (1) The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and registration mark shall be two-thirds of the height of a letter.
(2) The letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting throughout with the background on which they appear. The thickness of these lines shall be one-sixth of the height of a letter.
(3) As nearly as constructional features of the aircraft permit, each letter shall be separated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose.
[Am by GN 151 of 1957.]
5. The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft.
[Am by GN 151 of 1957.]
[Regulations 90 and 114]
STANDARDS OF FITNESS AND MEDICAL EXAMINATIONS PHYSICAL REQUIMENTS
1. Physical Standard No. 1—
The medical examination and assessment shall be based on the following requirements of mental and physical fitness:
(1) The applicant shall be required to have adequate functional use of his four limbs and to be free from any active or latent, acute or chronic, physical disability, that would entail any degree of functional incapacity which is considered by the medical examiner likely to interfere with the safe handling of an aircraft at any altitude throughout a prolonged or difficult flight.
(2) The medical examination will include a full inquiry into the family and personal history of the applicant. The information obtained shall be given in a statement made and signed by him and will be taken into consideration by the medical examiner.
(3) Examination of the nervous system.-The applicant shall have no history of significant mental or nervous trouble. He shall be required to be free from any mental impairment, pathological tremor, or presumptive evidence of latent epilepsy. He shall be required to be free from any progressive disease of the nervous system and from any non-progressive disease of that system, the effects of which are considered by the medical examiner to be of sufficient degree as likely to interfere with the safe handling of an aircraft. Cases in which syphilis, past or present, has affected the central nervous system will be assessed as permanently unfit.
As to injuries of the head—
(a) Cases of simple concussion, or simple fracture of the skull without associated intracranial injury, will be assessed as temporarily unfit for a period of not less than two months from the date of the concussion or fracture. When the license is renewed, it will be made valid only for a period of two months in the first instance. Thereafter its validity will be restricted to consecutive periods of two months until the medical examiner reports he has good reason to presume that the after-effects of the concussion or fracture are no longer likely to cause a sudden incapacity in flight;
(b) Cases of head injury associated with intracranial injuries will be assessed as permanently unfit if a local lesion of the brain persists;
(c) Cases of head injury in which there has been an operation on the skull with loss of bony substance involving the two tables of the cranial vault will be assessed as permanently unfit;
(d) Cases of head injury associated with a lesion of the dura mater will be assessed as permanently unfit even if a bone graft has been done.
(4) General surgical examination.-The applicant shall neither suffer from any wound or injury, nor have undergone an operation, nor possess any abnormality, congenital or acquired, which is considered by the medical examiner likely to interfere with the safe handling of an aeroplane at any altitude throughout a prolonged or difficult flight. He shall be required to be completely free from hernia. Cases in which there is any significant anatomical or functional lesion in the walls of any part of the digestive tract, any stricture, any calculus or foreign body, any significant peritoneal lesion, established by clinical or laboratory examination, will be assessed as unfit. An applicant who has undergone a major surgical operation on the biliary passages or the digestive tract, except for appendicitis, which has involved a total or partial excision or a diversion of any of these organs will be assessed as unfit unless a period of one year has elapsed since the surgical operation and the effects of the operation are not considered liable to cause sudden incapacity in the air, provided that this period of one year may be shortened on the production of an attestation made by a surgeon having knowledge of the nature of the disease which necessitated the operation, certifying that no immediate or future after-effects are to be feared.
(5) General medical examination.—
The applicant shall not suffer from any disease or disability which renders him liable suddenly to become unable to handle aircraft safely.
The heart shall be normal. Cases in which there is arrhythmia associated with a liability to giddiness will be assessed as unfit. Respiratory arrhythmia, occasional extra systoles which disappear on exercise, increase of pulse rate from excitement or exercise, or a slow pulse not associated with auriculoventricular dissociation may be regarded as coming within "normal" limits.
The systolic and diastolic blood pressures shall be within normal limits. There shall be no signs of aneurism of the large arterial trunks.
There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleura. In the case of an examination for the first grant of a license, radioscopy will form part of the chest examination. Radiography will form part of the medical examination in all doubtful clinical cases.
Cases of active pulmonary tuberculosis, however diagnosed, will be assessed as unfit. Cases of quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous, in origin may be assessed as fit. Cases of doubt about the activity of a lesion, where symptoms of activity of the disease are lacking clinically, will be assessed as temporarily unfit for a period of not less than three months from the date of the medical examination. At the end of the three months’ period, a further radiographic record will be made and compared carefully with the original. If there is no sign of extension of the disease and there are no general symptoms nor symptoms referable to the chest, the applicant may be assessed as fit but, where the license is renewed in these circumstances, it will be made valid only for a period of three months in the first instance; thereafter, provided there continues to be no sign of extension of the disease as shown by radiographic examinations carried out at the end of each three months’ period, the validity of the license will be restricted to consecutive periods of three months. When the applicant has been under observation under this scheme for a total period of at least two years and comparison of all the radiographic records shows no changes or only retrogression of the lesion, the lesion will be regarded as "quiescent" or "healed"
Cases of pulmonary emphysema will not be assessed as unfit unless the condition is causing symptoms.
Cases of disease of, or of significant impairment of the functioning of, the liver, biliary passages or pancreas will be assessed as unfit. Cases of diabetes will also be assessed as unfit.
Cases of severe and moderate enlargement of the spleen persistently below the costal margin will be assessed as unfit. Cases of generalised enlargement of the lymphatic glands and of diseases of the blood will be assessed as unfit; those due to a transient condition may be assessed as temporarily unfit.
Cases presenting any signs of organic disease of the kidneys will be assessed as unfit; those due to a transient condition may be assessed as temporarily unfit. The urine shall contain no pathological element. Cases of affection of the urinary passages, and of the genital organs will be assessed as unfit; those due to a transient condition may be assessed as temporarily unfit. Cases of tuberculous epididymitis, in its mild and localised form, may be assessed as fit.
An applicant for the first grant of a license who has a personal history of syphilis shall be required to furnish evidence, satisfactory to the medical examiner, that he has undergone adequate treatment; this evidence shall include the result of an examination of the blood and of the cerebro-spinal fluid. An applicant showing any clinical signs of active syphilis will be assessed as temporarily unfit for a period of not less than three months from the date of the medical examination. At the end of the three months’ period, provided the applicant furnishes proof, satisfactory to the medical examiner, that he has undergone adequate treatment in the interim and that the serological reaction for syphilis is negative, he may be assessed as fit, but where a license is granted or renewed in these circumstances it will be made valid only for a period of three months in the first instance. Thereafter, provided serological reactions for syphilis continue to be negative at the end of each three months’ period, the validity of the license will be restricted to consecutive periods of three months. When the applicant has been under observation under this scheme for a total period of at least three years and the serological reactions have continued to be negative, the restriction on the period of validity of the license may be removed. In cases where the serological reaction for syphilis remains persistently positive, examinations of the cerebro-spinal fluid at the end of each period of six months with negative results may be accepted in lieu of negative serological reactions at the end of each period of three months. Any evidence of syphilis of the central nervous system will be confirmed by the result of an examination of the cerebro-spinal fluid.
The cases of applicants of the female sex who have undergone gynaecological or other surgical operations will be considered individually. In the event of presumed pregnancy, the applicant will be assessed as temporarily unfit until, at least, after the pregnancy has been terminated; after confinement or miscarriage, the applicant will not be permitted to exercise the privileges of her license until she has undergone a new medical examination and been assessed as fit.
(6) Eye examination.-There shall be no active pathological condition, acute or chronic, of either eye or adnexae which is considered likely by the medical examiner to interfere with its proper function.
NOTE— The details of the Visual Requirements are specified in sub-paragraphs (1) to (4) of paragraph 4 of this Schedule and those for Colour Perception in sub-paragraphs (1) to (3) of paragraph 5.
(7) Ear examination.-There shall be—
(i) No active pathological process, acute or chronic, of the internal ear or middle ear cleft;
(ii) No unhealed (unclosed) perforation of the tympanic membrane;
(iii) No obstruction of the Eustachian tubes;
(iv) No disturbances of the vestibular apparatus.
NOTE— The details of the Hearing Requirements are specified in sub-paragraphs (1) to (5) of paragraph 6.
(8) Nose, throat and mouth examination—
There shall be free nasal air entry on both sides. There shall be no serious malformation, nor serious, acute or chronic affection of the buccal cavity or upper respiratory tract.
2. Physical Standard No. 2—
The medical examination and assessment shall be based on the following requirements of mental and physical fitness:
(1) The applicant shall be required to be free from any congenital or acquired disability causing such degree of functional incapacity as is considered by the medical examiner likely to interfere, in the case of piloting, with the safe handling of an aircraft at any altitude throughout a prolonged or difficult flight or, in the case of flight crew members other than pilots, with the efficient performance of the duties to be carried out when exercising the privileges of the license.
(2) The medical examination will include a full inquiry into the family and personal history of the applicant. The information obtained shall be given in a statement made and signed by him and will be taken into consideration by the medical examiner.
(3) Examination of the nervous system.-The applicant shall have no history of significant mental or nervous trouble. He shall be required to be free from any disability of the nervous system considered by the medical examiner to be of such degree as likely to interfere with efficient function during prolonged flight. Cases in which syphilis, past or present, has affected the central nervous system will be assessed as permanently unfit.
As to injuries of the head—
(a) Cases of simple concussion, or simple fracture of the skull without associated intracranial injury, will be assessed as temporarily unfit for a period of not less than two months from the date of the concussion or fracture. When the license is renewed, it will be made valid only for a period of two months in the first instance. Thereafter its validity will be restricted to consecutive periods of two months until the medical examiner reports he has good reason to presume that the after-effects of the concussion or fracture are no longer likely to cause a sudden incapacity in flight;
(b) Cases of head injury associated with intracranial injuries will be assessed as permanently unfit if a local lesion of the brain persists;
(c) Cases of head injury in which there has been an operation on the skull with loss of bony substance involving the two tables of the cranial vault will be assessed as permanently unfit;
(d) Cases of head injury associated with a lesion of the dura mater will be assessed as permanently unfit even if a bone graft has been done.
(4) General surgical examination.-The applicant shall neither suffer from any wound or injury, nor have undergone any operation, nor possess any abnormality, congenital or acquired, which is considered by the medical examiner likely to interfere with the efficient performance of the duties to be carried out when exercising the privileges of the license.
Cases in which there is any significant anatomical or functional lesion in the walls of any part of the digestive tract, any stricture, any calculus or foreign body, any significant peritoneal lesion, established by clinical or laboratory examinations, will be assessed as unfit. An applicant who has undergone a major surgical operation on the biliary passages or the digestive tract, except for appendicitis, which has involved a total or partial excision or a diversion of any of these organs will be assessed as unfit unless a period of one year has elapsed since the surgical operation and the effects of the operation are not considered liable to cause sudden incapacity in the air, provided that this period of one year may be shortened on the production of an attestation made by a surgeon having knowledge of the nature of the disease which necessitated the operation, certifying that no immediate or future after-effects are to be feared.
(5) General medical examination.-The applicant shall not suffer from any disease or disability which renders him liable suddenly to become incompetent in the performance of the duties to be carried out when exercising the privileges of the license.
There shall be no significant cardiovascular abnormality. The systolic and diastolic blood pressures shall be within normal limits.
There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleura. In the case of an examination for the first grant of a license, radioscopy will form part of the chest examination. Radiography will form part of the medical examination in all doubtful cases.
Cases of active pulmonary tuberculosis, however diagnosed, will be assessed as unfit. Cases of quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous, in origin may be assessed as fit. Cases of doubt about the activity of a lesion, where symptoms of activity of the disease are lacking clinically, will be assessed as temporarily unfit for a period of not less than three months from the date of the medical examination. At the end of the three months’ period, a further radiographic record will be made and compared carefully with the original. If there is no sign of extension of the disease and there are no general symptoms nor symptoms referable to the chest, the applicant may be assessed as fit but, where the license is renewed in these circumstances, it will be made valid only for a period of three months in the first instance; thereafter, provided there continues to be no sign of extension of the disease as shown by radiographic examinations carried out at the end of each three months’ period, the validity of the license will be restricted to consecutive periods of three months. When the applicant has been under observation under this scheme for a total period of at least two years and comparison of all the radiographic records shows no changes or only retrogression of the lesion, the lesion will be regarded as "quiescent" or "healed".
Cases of disease of, or of significant impairment of the functioning of, the liver, the biliary passages or the pancreas will be assessed as unfit. Cases of diabetes will also be assessed as unfit.
The applicant shall be required to be free from disease of the urogenital tract.
An applicant for the first grant of a license who has a personal history of syphilis shall be required to furnish evidence, satisfactory to the medical examiner, that he has undergone adequate treatment; this evidence shall include the result of an examination of the blood and of the cerebro-spinal fluid. An applicant showing any clinical signs of active syphilis will be assessed as temporarily unfit for a period of not less than three months from the date of the medical examination. At the end of the three months’ period, provided the applicant furnishes proof, satisfactory to the medical examiner, that he has undergone adequate treatment in the interim and that the serological reaction for syphilis is negative, he may be assessed as fit, but where a license is granted or renewed in these circumstances it will be made valid only for a period of three months in the first instance. Thereafter, provided serological reactions for syphilis continue to be negative at the end of each three months’ period, the validity of the license will be restricted to consecutive periods of three months. When the applicant has been under observation under this scheme for a total period of at least three years and the serological reactions have continued to be negative, the restriction on the period of validity of the license may be removed. In cases where the serological reaction for syphilis remains persistently positive, examinations of the cerebro-spinal fluid at the end of each period of six months with negative results may be accepted in lieu of negative serological reactions at the end of each period of three months. Any evidence of syphilis of the central nervous system will be confirmed by the result of an examination of the cerebro-spinal fluid.
The cases of applicants of the female sex who have undergone gynaecological or other surgical operations will be considered individually. In the event of presumed pregnancy, the applicant will be assessed as temporarily unfit until, at least, after the pregnancy has been terminated; after confinement or miscarriage, the applicant will not be permitted to exercise the privileges of her license until she has undergone a new medical examination and been assessed as fit.
(6) Eye examination.-There shall be no active pathological condition, acute or chronic, of either eye or adnexae which is considered likely by the medical examiner to interfere with its proper function.
NOTE.-The details of the Visual Requirements are specified in sub-paragraphs (1) to (4) of paragraph 4 of this Schedule and those for Colour Perception in sub-paragraphs (1) to (3) of paragraph 5.
(7) Ear examination.-There shall be—
(i) No active pathological process, acute or chronic, of the internal ear or middle ear cleft;
(ii) No unhealed (unclosed) perforation of the tympanic membrane;
(iii) No obstruction of the Eustachian tubes;
(iv) No disturbances of the vestibular apparatus.
NOTE— The details of the Hearing Requirements are specified in sub-paragraphs (1) to (5) of paragraph 6.
(8) Nose, throat and mouth examination.-There shall be free nasal air entry on both sides. There shall be no serious malformation, nor serious, acute or chronic affection of the buccal cavity or upper respiratory tract.
3. Physical Standard No. 3—
The medical examination and assessment shall be based on the following requirements of mental and physical fitness:
(1) The applicant shall be required to be free from any congenital or acquired disability causing such degree of functional incapacity as is considered by the medical examiner likely to interfere with the safe handling of an aircraft under ordinary conditions, or in the cases of persons other than pilots, with the efficient performance of the duties to be carried out when exercising the privileges of the license.
(2) The medical examination will include a full inquiry into the family and personal history of the applicant. The information obtained shall be given in a statement made and signed by him and will be taken into consideration by the medical examiner.
(3) Examination of the nervous system.-The applicant shall have no history of significant mental or nervous trouble. He shall be required to be free from any disability of the nervous system considered by the medical examiner to be of sufficient degree as likely to interfere with efficient function.
(4) General surgical examination.-The applicant shall neither suffer from any wound or injury, nor have undergone any operation, nor possess any abnormality, congenital or acquired, which is considered by the medical examiner likely to interfere with the efficient performance of the duties to be carried out when exercising the privileges of the license.
An applicant who has undergone a major surgical operation on the biliary passages or the digestive tract, except for appendicitis, which has involved a total or partial excision or a diversion of any of these organs, will be assessed as unfit unless a period of one year has elapsed since the surgical operation and the effects of the operation are not considered liable to cause sudden incapacity in the air, provided that this period of one year may be shortened on the production of an attestation made by a surgeon having knowledge of the nature of the disease which necessitated the operation, certifying that no immediate or future after-effects are to be feared.
(5) General medical examination.-The applicant shall not suffer from any disease or disability which renders him liable suddenly to become incompetent in the performance of the duties to be carried out when exercising the privileges of the license.
There shall be no significant cardiovascular abnormality. The systolic and diastolic blood pressures shall be within normal limits.
There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleura.
Cases showing significant impairment of function of the liver, the biliary passages, or the pancreas will be assessed as unfit. Cases of diabetes will also be assessed as unfit.
The applicant shall be required to be free from disease of the urogenital tract.
An applicant for the first grant of a license who has a personal history of syphilis shall be required to furnish evidence, satisfactory to the medical examiner, that he has undergone adequate treatment; this evidence shall include the result of an examination of the blood and of the cerebro-spinal fluid. An applicant showing any clinical signs of active syphilis will be assessed as temporarily unfit for a period of not less than three months from the date of the medical examination. At the end of the three months’ period, provided the applicant furnishes proof, satisfactory to the medical examiner, that he has undergone adequate treatment in the interim and that the serological reaction for syphilis is negative, he may be assessed as fit, but where a license is granted or renewed in these circumstances it will be made valid only for a period of three months in the first instance. Thereafter, provided serological reactions for syphilis continue to be negative at the end of each three months’ period, the validity of the license will be restricted to consecutive periods of three months. When the applicant has been under observation under this scheme for a total period of at least three years and the serological reactions have continued to be negative, the restriction on the period of validity of the license may be removed. In cases where the serological reaction for syphilis remains persistently positive, examinations of the cerebro-spinal fluid at the end of each period of six months with negative results may be accepted in lieu of negative serological reactions at the end of each period of three months. Any evidence of syphilis of the central nervous system will be confirmed by the result of an examination of the cerebro-spinal fluid.
The cases of applicants of the female sex who have undergone gynaecological or other surgical operations will be considered individually. In the event of presumed pregnancy, the applicant will be assessed as temporarily unfit until, at least, after the pregnancy has been terminated; after confinement or miscarriage, the applicant will not be permitted to exercise the privileges of her license until she has undergone a new medical examination and has been assessed as fit.
(6) Eye examination.-There shall be no active pathological condition, acute or chronic, of either eye or adnexae which is considered likely by the medical examiner to interfere with its proper function.
NOTE.-The details of the Visual Requirements are specified in sub-paragraphs (1) to (4) of paragraph 4 of this Schedule and those for Colour Perception in sub-paragraphs (1) to (3) of paragraph 5.
(7) Ear examination.-There shall be—
(i) No active pathological process, acute or chronic, of the internal ear or middle ear cleft;
(ii) No obstruction of the Eustachian tubes;
(iii) No disturbances of the vestibular apparatus.
NOTE.-The details of the Hearing Requirements are specified in sub-paragraphs (1) to (5) of paragraph 6.
(8) Nose, throat and mouth examination.-There shall be free nasal air entry on both sides. There shall be no serious malformation, nor serious acute or chronic affection of the buccal cavity or upper respiratory tract.
VISUAL REQUIREMENTS
4. (1) The measurement of visual acuity will be made by means of a series of optotypes of Landholt, or similar optotypes, illuminated at not less than 12 lux and not more than 20 lux, and placed at a distance of 20 feet from the applicant.
(2) Visual Standard No. 1—
The applicant shall be required to have—
(a) a visual acuity of at least 6/9 (20/30) in each eye separately, without correction: provided that if the vision in either or both eyes is less than 6/9 (20/30) but not less than 6/18 (20/60) and can be brought up to 6/6 (20/20) or better in each eye by glasses, the applicant may be assessed as fit upon condition that correcting glasses are worn while exercising the privileges of the license;
(b) not more than +2.25 dioptres of hypermetropia, in the case of an applicant for the first grant of a license;
(c) not more than 1 dioptre of hyperphoria in either eye;
(d) not more than 10 dioptres of esophoria;
(e) not more than 5 dioptres of exophoria;
(f) an accommodation of at least V = 1.00 at 12 inches (30 centimetres) with each eye separately without the use of correcting lenses: provided that, where the applicant is over 40 years of age and already holds a license, correcting glasses may be used to provide the same character of near vision;
(g) normal fields of vision. (3) Visual Standard No. 2—
The applicant shall be required to have—
(a) a visual acuity of at least 6/12 (20/40) in each eye separately, without correction:
provided that—
(i) in the case of an applicant for the first grant of a license, if the vision in either or both eyes is less than 6/12 (20/40) but not less than 6/24 (20/80) and can be brought to up 6/6 (20/20) or better in each eye by glasses, the applicant may be assessed as fit upon condition that correcting glasses are worn while exercising the privileges of the license; and
(ii) in the case of an applicant for the renewal of a license, if the vision in either or both
eyes is less than 6/12 (20/40) but not less than 6/60 (20/200) and can be brought up 6/9 (20/30) or better in each eye by glasses, the applicant may be assessed as fit upon condition that correcting glasses are worn while exercising the privileges of the license and that a second set of correcting glasses are carried on his person;
(b) normal fields of vision, due allowance being made, where errors of refraction exist, for those areas not covered by the correcting lenses.
(4) Visual Standard No. 3—
The applicant shall be required to have—
(a) a visual acuity of at least 6/12 (20/40) in each eye separately, without correction: provided that if the vision in either or both eyes is less than 6/12 (20/40) but not less than 6/60 (20/200) and can be brought up to 6/9 (20/30) or better in each eye by glasses, the applicant may be assessed as fit upon condition that correcting glasses are worn while exercising the privileges of the license;
(b) satisfactory ocular muscle balance;
(c) normal fields of vision, due allowance being made where errors of refraction exist, for those areas not covered by the correcting lenses.
COLOUR PERCEPTION REQUIREMENTS
5. (1) The measurement of colour perception for Colour Perception Standard No. 1 should be made by means of pseudoisochromatic plates or a suitable lantern. The measurement for Colour Perception Standard No. 2 should be made by means of a suitable lantern. When a lantern is used it should present the light, transmitted by coloured screens lighted at five lux, for one second and seen at a distance of 20 feet in an angle of three minutes.
(2) Colour Perception Standard No. 1—
The applicant shall be required to have normal colour perception. (3) Colour Perception Standard No. 2—
The applicant shall be required to be able to distinguish easily signal red, signal green and white.
HEARING REQUIREMENTS
6. (1) The measurement of the auditory acuity in the first three standards detailed below will be made by means of a standard pure tone audiometer in a quiet room, that is, a room in which the intensity of the background noise is less than 50 decibels as measured by a sound level meter.
(2) Hearing Standard No. 1—
The applicant shall be required not to have a loss in either ear of more than 20 decibels at any one of the four frequencies, 500, 1,000, 2,000 and 3,000 cycles per second.
(3) Hearing Standard No. 2—
The applicant shall be required not to have a loss in either ear of more than 20 decibels at any one of the three frequencies, 500, 1,000 and 2,000 cycles per second nor of more than 40 decibels at the frequency of 3,000 cycles per second.
(4) Hearing Standard No. 3—
The applicant shall be required not to have a loss in either ear of more than 40 decibels at any one of the three frequencies, 500, 1,000 and 2,000 cycles per second.
(5) Hearing Standard No. 4—
The applicant shall be required to be able to hear a conversational voice, using both ears and standing with his back towards the examiner, at a distance of 10 feet from the examiner.
[Regulation 140]
[Third Sch subs by reg 2 of SI 87 of 2003.]
PRESCRIBED CHARGES
|
Fee Units |
|
| 1. Certificate of Registration | |
(a) The fees for registration of an aircraft shall be –
(i) where its maximum weight does not exceed 2730 kg
1,110
(ii) where its maximum weight exceeds 2730 kg but does not exceed 5700 kg
(iii) where its maximum weight exceeds 5700kg
3,333
(b) The fees for a duplicate certificate of registration Under subparagraph (a) shall be 50 per centum of the cost of issue
(c) For the purpose of this Schedule, “maximum Weight" Means a maximum total weight as authorised in the Certificate of airworthiness or the flight manual of the aircraft
(d) The fees for an individual inspection approval of Works on the aircraft shall be—
667
(e) The fees for authority to work on an aircraft shall be
667
(f) The fees for an individual inspection approval for welders shall be
1,110
2. Certificate of airworthiness
(a) where an application is made for a Certificate of airworthiness in respect of a proto-type aircraft, the fees for the certificate shall represent the costs incurred by any investigation necessary for the preparation of that certificate a maximum of which is going to be.
2,222
(b) where an application is made for the issue, renewal or validation of certificate of airworthiness for series aircraft, the fees shall be in accordance with the following table:
TABLE 1
Aircraft weight not exceeding 2730 kg
Issue
Fee Units
Renewal
Fee Units
Validation
Fee Units
Extension
Fee Units
A. Private aircraft
2,000
1,110
2,000
1,110
B. Other classification of aircraft e.g. public transport aircraft
4,000
2,222
4,000
2,000
TABLE 2
Aircraft weight exceeding 2,730kg but not exceeding 5,700kg
Issue
Fee units
Renewal
Fee units
Validation
Fee units
Extension
Fee units
A. Private aircraft
2,667
2,222
2,667
1,778
B. Other classification of aircraft e.g. aerial work aircraft
4,444
3,333
4,444
2,222
TABLE 3
Aircraft weight exceeding 5,700kg
Issue
Fee units
Renewal
Fee units
Validation
Fee units
ExtensionFee units
A. Private aircraft
4,444
3,333
4,889
2,222
B. Other classification of aircraft e.g. aerial work aircraft
6,667
5,556
6,667
3,333
| <IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO> | <IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>Fee Units |
C. The fees for the issue of a duplicate copy of a certificate of airworthiness shall be 50 per centum of the cost of issuing the original
<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>
D. Fees for issue of export certificate of airworthiness shall be 100 per centum of the cost of issuing the original
<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>
E. Application for extension of engine life
<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>1,110
F. Application for approval of maintenance schedule
<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>3,333<TS:0,NM,NO,0.0625,NM,NO>3. Permit to fly<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>
<TS:0,NM,NO,0.0625,NM,NO>Where a permit to fly is issued for an aircraft which does not have a certificate of airworthiness the fees shall be–<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO>1,110<TS:0,NM,NO,0.0625,NM,NO>4. Ferry Permit<IN:LF:0.541667,FI:-0.25><TS:0.541667,NM,NO><TS:0,NM,NO,0.375,NM,NO,0.4375,NM,NO>Where an application is made for an issue of a ferry permit, the fees shall be in accordance with the following table—
TABLE 4
Category of Aircraft
Aircraft Weight 2,730
Fee Units
Aircraft Weight 2,730-5,700 kg
Fee Units
<TS:1.41667,NM,NO>Aircraft Weight above 5,700 kg
Fee Units
Private
1,110
1,667
2,222
Public
1,667
2,222
3,333
| <KT+> | <KT+>Fee Units |
<KT+>5. Modification of aircraft<KT+>
<KT+>Approval of modification of an aircraft<KT+>2,222
<KT+>6. Aircraft Maintenance Organisation<KT+>
<KT+> (a) Fees for approval of local aircraft maintenance organisation per year for each station<KT+>3,333
<KT+> (b) Fees for approval of foreign aircraft maintenance organisation per year for each station<KT+>4,444
<KT+> (c) Fees for inspection and renewal for each workshop<KT+>1,110
<KT+>7. Engineering Examinations and fees for licences<KT+>
<KT+>(1) The following fees shall be charged in respect of:<KT+>
<KT+> (a) Initial issue of licence without type rating<KT+>667
<KT+> (b) The Air Navigation Regulations examination<KT+>444
<KT+> (c) Type rating examination<KT+>444
<KT+> (d) Endorsement of licence<KT+>667
<KT+> (e) All licence renewals per year<KT+>444
<KT+> (f) Issue of a duplicate licence<KT+>444
<KT+> (g) Validation of basic aircraft maintenance engineer’s licence<KT+>667
<KT+>(2) Validation of a type rating aircraft maintenance engineer’s licence<KT+>667
<KT+>8. Aircraft Log-Book<KT+>556
<KT+>9. Civil aircraft register<KT+>667
<KT+>10. Registration feel or search of a Lien<KT+>667
<KT+>11. Weighing charges<KT+>
<IN:LF:0.561806,FI:-0.561806><KT+> (a) The Fees for weighing an aircraft shall be as set out in the following table:
<KT+>
TABLE 5
Category of Aircraft
Aircraft weight up to 2,730 kg
Fee Units
Aircraft Weight above 2,730kg
Fee Units
Aircraft Weight above 5,700kg
Fee Units
Private
2222
3333
4444
Public
4444
6669
8889
|
Fee Units |
|
(b) Fee for approving a weight schedule
44412. Notices to Engineers and Operators
(a) One copy shall be provided free to every licensed
Engineer at initial issue of a licence.
(b) Each approved maintenance organisation shall Purchase one copy at
556
(c) Cost of one copy of notice to engineers and Operators
556
13. Fees for customised registration marks shall be 200 per centum of the normal charge
14. Inspection, Registration and Licensing of Aerodromes
(1) Designed Aerodromes:
(a) Inspection and grant of a licence for designated aerodromes-
(i) major aerodrome
66,667
(ii) medium aerodrome
55,556
(iii) small aerodrome
33,333
(b) Renewal of a licence for a designated aerodrome-
(i) major aerodrome
55,556
(ii) medium aerodrome
44,444
(iii) small aerodrome
22,222
(c) The fee for issuing a duplicate licence for a Designated aerodrome shall be 50 per centum of the charge for the grant of a licence
(d) Extension of a licence, for a period of 30 days for usage of an aerodrome shall be 50 per centum of the renewal fee.
(2) Site Inspection:
(a) Inspection of any site prior to consultation (aerodrome, building, aerial mast, helipad etc)
1,110
(b) Biannual aerial mast inspection
667
(3) Aerodrome Log Book
The fees for an aerodrome logbook shall be
667
(4) In addition to the charges prescribed above for aerodrome and site inspections, an applicant shall be required to arrange suitable transport for an assigned inspector to and from the aerodrome or site which is to be inspected. An applicant is also required to pay an appropriate daily allowance, referred to in paragraph 21 to an inspector.
(5) Aerodromes other than Designated aerodromes
(a) Inspection and grant of a licence for other than a Designated aerodrome
2,220
(b) Inspection and renewal of a licence for other than a designated aerodrome
1,330
(c) The fees for issuing a duplicate licence for other Than a designated aerodrome shall be 50 per centum of the charge for grant of a licence;
(d) Extension of a licence for a period of 30 days For usage of an aerodrome other than a designated aerodrome shall be 50 per centum of the renewal fee.
15. Fees for Licences for Operating Crew
(1) Licensing:
(a) The fees relating to licensing of flight crew Members on application for assessment for grant of a licence are set out in Tables 6 and 7
(b) Upon making an application for assessment for Grant, extension or renewal of a licence to act as a flight crew member, the applicant shall pay-
(i) resident applicant
667
(ii) non-resident applicant
2,222
(2) In addition, the applicant or operator shall provide an inspector with transport and appropriate daily allowance referred to in paragraph 21.
TABLE 6
Fees for Licences for Operating Crew
Type Of Licence
Ground
Flight Test
Licence
Validation
Endorsement
All Subjects Fee Units
Initial Fee Units
Retest Fee Units
Initial Issue Fee Units
Renewal Fee Units
Duplicate Issue Fee Units
Local Fee Units
International Fee Units
Type/Ir Fee Units
Student Pilot
444
-
-
556
556
1110
-
-
-
Private Pilot
3333
556
556
1110
556
2222
556
1110
556
Commercial Pilot
4444
1110
556
2222
1110
4444
1110
1110
556
Airline Pilot
6667
2222
1110
3333
1667
6667
1667
1667
556
Flight Engineer
4444
1110
556
2222
1110
4444
1110
1667
556
Flight Navigator
4444
1110
556
2222
1110
4444
1110
1667
556
Cabin Attendant
2222
1110
556
1110
556
2222
556
1667
556
Balloon Pilot
444
556
222
1110
556
2222
556
1667
556
Glider Pilot
444
556
222
1110
556
2222
556
1667
556
Microlight
444
556
222
1110
556
2222
556
1667
556
FRTOL
556
556
-
1110
-
4444
1110
1667
556
*Note: FRTOL stands for Flight Radio Telephony Operator’s Licence
Private Pilot Fee Unit
Com. Pilot Fee Unit
Airline Pilot Fee Unit
Flight Engin. FeeUnit
Flight Nav.Fee Unit
Cabin Atten.FeeUnit
Balloon Pilot Fee Unit
Glider Pilot Fee Unit
Micro Light Pilot Fee Unit
Additional Type or Class of Aircraft
Flight test
667
889
1110
1110
667
889
889
889
667
AFI or QFI
Flight test
667
2222
2222
2222
889
889
889
889
889
Instrument Rating
Flight test
667
2222
2222
-
-
-
-
-
-
Banner or Towing aircraft
Flight test
1110
3333
3333
-
-
-
-
-
-
|
Fee Units |
|
| (3) Logbooks | |
| The following fees shall be charged in respect of Operating crew logbooks: | |
| (a) personal flying logbook |
667 |
| (b) cabin attendants flying logbook |
667 |
| 16. Fees for Air Traffic Controller’s Licence and Ratings | |
| (a) Air traffic Controllers licence initial issue |
667 |
| (b) Approach Controller rating |
444 |
| (c) Area Controllers rating |
444 |
| (d) Radar Approach Controllers rating |
444 |
| (e) Re-test in all above |
444 |
| (f) Radar area rating |
444 |
| (g) Renewal of (a) to (f) above |
444 |
| (h) Duplicate issue of air traffic controller’s Licence |
667 |
| (i) Validation of a licence |
667 |
| 17. Aeronautical Station Operators Licence | |
| (a) Class ‘A’ initial issue |
667 |
| (b) Class ‘B’ endorsement |
444 |
| 18. Telecommunications and Navigation Aids Engineer’s Licence | |
| (a) Initial issue and endorsement |
667 |
| (b) Subsequent endorsement in either category |
444 |
| (c) Duplicate issue of licence, irrespective of endorsement shall be 50 per centum of the initial issue fee |
19. Aeronautical Information Service
The Aeronautical Information Publication is undergoing Revision. New charges for the publication and aerodrome Licensing services will be published in an Aeronautical Information Circular by the Director.
20. General
(1) An operator of an airport, heliport or designated airport in Zambia shall allow staff of the Department of Civil Aviation who held qualifications in the following Fields to carry out duties at the airport, heliport or Designated airport concerned to afford them practice:
(a) Aeronautical information service;
(b) Air traffic control;
(c) Aeronautical telecommunication engineering and operations; and
(d) Rescue fire services
(2) When an aircraft operator introduces on the Zambian register an aircraft of a new type or model or introduces a model of a Zambian registered aircraft which is substantially different from such registered type of aircraft, the operator shall meet all expenses connected with the training of Department of Civil Aviation staff on that model or type of aircraft.
(3) When an airport operator introduces new equipment where training, installation, maintenance and operations of the equipment is required, the operator shall meet all the expenses connected with the training of Department of Civil Aviation staff.
(4) An Operator of an airport or owner of a designated airport or owner of a privately owned airport providing air traffic services to public air transport, shall provide transport to and from the station where inspections, validations and proficiency checks are to be conducted, in addition to providing meal allowances and accommodation to staff of Department of Civil Aviation, pay an appropriate daily allowance in accordance with paragraph 21.
(5) When an air service permit holder who provides scheduled domestic or international air service is about to introduce a service to a destination to which that permit holder has not previously or recently operated, such permit holder shall ensure that Department of Civil Aviation staff witness the very first flight to such destination to enable them carry out—
(a) a route check; and
(b) an inspection of the relevant facilities and services at the destination, for the purpose of issuing an approval of the route and destination and all expenses incurred by the Department of Civil Aviation staff shall be met by the permit holder.
(6) Where an aircraft operator is about to use a flight crew, including cabin attendants, ground training device (or procedure trainers and stimulators) and related facilities and services not previously approved by the Director of Civil Aviation, or devices for which approval has expired by reason of temporary cessation of use or where approval has been suspended or revoked for any reason, the operator shall, prior to such use, obtain approval in writing from the Director of Civil Aviation following an inspection of such flight crew, device, related facility or service conducted by staff of the Department of Civil Aviation. Any expenses incurred as a result of such inspection, shall be payable by the aircraft operator concerned.
(7) When an application for an air service permit is made by a Zambian registered company, the applicant or the aircraft operator, as the case may be, shall pay for all expenses, including subsistence allowance for inspectors, referred to in paragraph 21, incurred by the Department of Civil Aviation in carrying out the following:
(a) aircraft base inspection;
(b) operations base inspection;
(c) aircraft inspection;
(d) annual route inspection; and
(e) travelling to and from the Department of Civil Aviation Headquarters.
(8) Where an operator of Radio Communication Station, Aerial Mast and/or Telecommunications System intends to put up or construct such facilities, prior permission shall be sought from the Director of Civil Aviation. Provision of transport to and from the site, meal allowances and accommodation shall be provided to inspectors as per paragraph 21.
21. The allowance payable to inspectors shall be as laid down by government for public officers on duty locally or internationally, as appropriate.
[Regulations 39, 47 and 48]
CERTIFICATION OF INSPECTIONS, OVERHAULS, REPAIRS, REPLACEMENTS AND MODIFICATIONS
1. The following provisions shall apply to or in relation to every certificate required under sub-regulation (1) of regulation 39:
The certificate shall be appended to particulars of the inspection, overhaul, repair, replacement or modification to which it relates and shall be in the following form:
I hereby certify that, in carrying out the inspection/overhaul/repair/replacement/modification specified above, all the conditions and requirements of the Air Navigation Regulations for the time being in force which are applicable thereto have been complied with.
Signed....................................................
Date.......................................................
CERTIFICATES OF MAINTENANCE
2. The certificate of maintenance issued in accordance with the provisions of regulation 48 shall, according to the class of aircraft concerned, be in one of the following forms, or in such other form as may be approved as suitable for the purpose:
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
(1) In the case of a flying machine or an airship—
*CERTIFICATE OF MAINTENANCE
Flying Machine Type or Airship Type ......................................................................................
Nationality and Registration Marks .........................................................................................
I hereby certify that the above aircraft (including its prescribed instruments and equipment, but excluding the engines and engine installations and all instruments relating thereto) has been maintained and inspected in accordance with the approved maintenance schedules and that adjustments and rectifications found necessary have been made and inspected to my satisfaction.
Signed....................................................
Aircraft Maintenance Engineer: License No. .........................................................................
Time of issue .........................................................................................................................
Dated at ................................... this ................................ day of .............................. 20........
Period of validity ........................................ days from the time of issue or upon completion
by the aircraft of ............................................ flying hours, whichever is the shorter period.
I hereby certify that the engines and engine installations (including the prescribed instruments relating thereto) of the above aircraft have been maintained and inspected in accordance with the approved maintenance schedules and that adjustments and rectifications found necessary have been made and inspected to my satisfaction.
Signed....................................................
Aircraft Maintenance Engineer: License No. .......................................................................
Time of issue ........................................................................................................................
Dated at ................................ this ................................. day of ............................... 20........
Period of validity ...................................days from the time of issue or upon completion by
the aircraft of ......................................................... flying hours, whichever is the shorter period.
*NOTE.-This certificate includes the attachment of the radio apparatus to the aircraft structure, and the condition of the earth system of the aircraft, including the bonding and screening to ensure suppression of high frequency electrical interference. It does not include the radio apparatus.
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
<TS:6,RT,UN,9,RT,DO>
(2) In the case of a free balloon—
*CERTIFICATE OF MAINTENANCE
Free Balloon Type ...............................................................................................................
Nationality and Registration Marks ......................................................................................
I hereby certify that the above aircraft (including its prescribed instruments and equipment) has been maintained and inspected in accordance with the approved maintenance schedules and that adjustments and rectifications found necessary have been made and inspected to my satisfaction.
Signed....................................................
Aircraft Maintenance Engineer: License No. .......................................................................
Time of issue .......................................................................................................................
Dated at .................................. this ................................. day of ............................ 20........
Period of validity.................................... days from the time of issue or upon completion by
the aircraft of ................................................ flying hours, whichever is the shorter period.
*NOTE.-This certificate includes the attachment of the radio apparatus to the aircraft structure, and the condition of the earth system of the aircraft, including the bonding and screening to ensure suppression of high frequency electrical interference. It does not include the radio apparatus.
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
(3) In the case of a captive balloon—
*CERTIFICATE OF MAINTENANCE
Captive Balloon Type .............................................................................................................
Nationality and Registration Marks .........................................................................................
I hereby certify that the above aircraft (including its prescribed instruments and equipment and also the winch and cable by which it is operated) has been maintained and inspected in accordance with the approved maintenance schedules and that adjustments and rectifications found necessary have been made and inspected to my satisfaction.
Signed....................................................
Aircraft Maintenance Engineer: License No. .......................................................................
Time of issue .......................................................................................................................
Dated at ................................. this ................................. day of ............................... 20......
Period of validity ................................. days from the time of issue or upon completion by
the aircraft of ................................................ flying hours, whichever is the shorter period.
*NOTE.-This certificate includes the attachment of the radio apparatus to the aircraft structure, and the condition of the earth system of the aircraft, including the bonding and screening to ensure suppression of high frequency electrical interference. It does not include the radio apparatus.
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
(4) In the case of a glider—
*CERTIFICATE OF MAINTENANCE
Glider Type .............................................................................................................................
Nationality and Registration Marks..........................................................................................
I hereby certify that the above aircraft (including its prescribed instruments and equipment and also its towing gear) has been maintained and inspected in accordance with the approved maintenance schedules and that adjustments and rectifications found necessary have been made and inspected to my satisfaction.
Signed....................................................
Aircraft Maintenance Engineer: License No. .......................................................................
Time of issue .......................................................................................................................
Dated at ............................... this ................................. day of ............................... 20........
Period of validity .................................. days from the time of issue or upon completion by
the aircraft of ................................................... flying hours, whichever is the shorter period.
*NOTE.-This certificate includes the attachment of the radio apparatus to the aircraft structure, and the condition of the earth system of the aircraft, including the bonding and screening to ensure suppression of high frequency electrical interference. It does not include the radio apparatus.
[Am by GN 641 of 1954; SI 345 of 1969.]
[Regulation 80]
PRESCRIBED FORMS
FORM NO. 1
GENERAL DECLARATION
[Upper Front Half]
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
GENERAL DECLARATION
[Outward/Inward]
Owner or Operator ...............................................................................................................
Aircraft .............................................Flight No. ........................... Date ................................
(Registration Marks and Nationality)
Point of Clearance .......................................................... For entry at .................................
(Place and Country) (Place and Country)
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
ITINERARY OF AIRCRAFT
[Commencing with Point of Origin of this Flight No.]
Airport
Departure Date
Airport
Departure Date
DECLARATION OF HEALTH
FOR OFFICIAL USE ONLY
<TS:0.196528,NM,NO,4.125,RT,DO>Illness suspected of being of an infectious nature which has occurred on board during the flight
.....................................................................................................
.....................................................................................................
<TS:0.196528,NM,NO,4.125,RT,DO>Any other condition on board which may lead to the spread of disease
....................................................................................................
<TS:0.196528,NM,NO,4.125,RT,DO>Details of each disinfecting or sanitary treatment (place, date, time, method) during the flight. If no disinfecting has been carried out during the flight give details of most recent disinfecting
.....................................................................................................
....................................................................................................
<TS:0.196528,NM,NO,4.125,RT,DO>Animals (including birds and insects), plants, unprocessed animal and plant products, cultures of bacteria, fungi and viruses, samples of soil and fertiliser on board (where required by State of arrival)
....................................................................................................
Time of Departure .................................
Time of Arrival...................
CREW MANIFEST
Surname and Initials
Duties on Board
Nationality
Serial No. and Country of Issuance of License or Certificate or Passport
*GENERAL DECLARATION-continued (Lower Front Half)
Whenever separate Passenger or Cargo Manifests are not attached hereto, the information required below must be furnished. If no passengers or no cargo are being carried, insert the word "None" in the appropriate Manifest.
PASSENGER MANIFEST
Surname and Initials
From
To
For use by Owner or Operator only
For Official use only
CARGO MANIFEST
Marks and Numbers on Packages
Number and Type of Packages
Nature of Goods
From
To
Gross Weight
For use by Owner or Operator only
For Official use only
I declare that this General Declaration, all statements and particulars contained therein, and in any attached manifests or stores lists, are complete and contain to the best of my knowledge and belief an exact and true account of all—
Crew
}
Embarked on Disembarked from
}
the above aircraft
Passengers
Cargo
}
Laden on
Unladen from
Stores
Signature .......................................................................
(Pilot-in-Command or Authorised Agent)
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
*Size of entire document not more than 81/2 by 14 inches (216 by 356 millimetres) outside.
*PASSENGER MANIFEST (SEPARATE)
[Front]
FORM NO. 2
PASSENGER MANIFEST
Owner or Operator ...............................................................................................................
Aircraft ....................................................... Flight No. ....................... Date .........................
(Registration Marks and Nationality)
Point of Embarkation ...........................................................................................................
(Place and Country)
Point of Disembarkation ......................................................................................................
(Place and Country)
Marks and Numbers on Packages
Number and Type of Packages
Nature of Goods
Gross Weight
For use by Owner or Operator only
For Official use only
1
Prepared by .......................................................................................... page .................................. of .................... pages
*Size of entire document not more than 81/2 by 14 inches (216 by 356 millimetres) outside.
*CARGO MANIFEST (SEPARATE) (Front)
FORM NO. 3
CARGO MANIFEST
Owner or Operator ................................................................................................................
Aircraft......................................................... Flight No. ....................... Date .........................
(Registration Marks and Nationality)
Point of Loading ................................................. Point of Unloading .....................................
(Place and Country) (Place and Country)
Marks and Numbers on Packages
Number and Type of Packages
Nature of Goods
Gross Weight
For use by Owner or Operator only
For Official use only
Prepared by .............................................................. page .................. of .................. pages
<TS:6,RT,UN,9,RT,DO>________________________________________________________________________
*Size of entire document not more than 81/2 by 14 inches (216 by 356 millimetres) outside.
AVIATION (INSURANCE FOR PRIVATE AIRCRAFT) REGULATIONS
[Section 4]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
3. Insurance for private aircraft
[Regulations by the Minister]
SI 44 of 1985.
These Regulations may be cited as the Aviation (Insurance for Private Aircraft) Regulations.
Unless the context otherwise requires, words and phrases in these Regulations shall have the meaning ascribed thereto in the Air Navigation Regulations.
Cap. 353, p.25
3. Insurance for private aircraft
No private aircraft shall be allowed to fly within the Zambian flight information region unless it is insured—
(a) for at least K100,000 in respect of loss to third parties; and
(b) for at least K50,000 in respect of loss arising from damage to the aircraft or injury to passengers.
AVIATION (GOVERNMENT AERODROMES) REGULATIONS
[Section 4]
Arrangement of Regulations
Regulation
5. Issue of written permits by controlling authority
6. Offences by drivers of vehicles
7. When written permission of Director necessary
[Regulations by the Minister]
GN 640 of 1954,
GN 277 of 1961,
GN 300 of 1962,
GN 270 of 1963,
GN 387 of 1963.
SI 153 of 1965,
SI 134 of 1970,
Act 13 of 1994.
These Regulations may be cited as the Aviation (Government Aerodromes) Regulations.
In these Regulations, unless the context otherwise requires—
“aerodrome” means an aerodrome which is owned or controlled by the Government, other than an aerodrome belonging to, or for the time being in use exclusively by, the Defence Force;
“aerodrome official” means any person authorised by the controlling authority to marshal or otherwise control the movement of aircraft at an aerodrome;
“controlling authority” means the Director or the officer in control of an aerodrome;
“Director” means the Director of Civil Aviation appointed in terms of regulation 3 of the Air
Navigation Regulations;
“restricted area” means an aerodrome or any portion of an aerodrome to which the entry of persons is restricted in terms of sub-regulation (1) of regulation 3;
“vehicle” means any vehicle except an aircraft.
[Am by GN 277 of 1961, 387 of 1963; SI 153 of 1965.]
(1) The controlling authority may, whenever it appears to him to be necessary or desirable for the efficient management and operation of the aerodrome and ancillary services thereto or the safety of the buildings thereon, restrict the entry of persons into an aerodrome or any portion thereof by notice in such form as he thinks suitable and such notice shall be conspicuously displayed—
(a) at or near a gate or entrance to the aerodrome, in the case where entry to the aerodrome is restricted; or
(b) on any portion of an aerodrome, in the case where entry to a portion of the aerodrome is restricted.
(2) Whenever a notice referred to in sub-regulation (1) is displayed in accordance with the provisions of that sub-regulation, no person, other than the holder of a ticket authorising him to board an aircraft, shall enter a restricted area, save with the permission of the controlling authority and subject to such conditions as he may specify.
[Am by GN 277 of 1961.]
Any person who, within the area of an aerodrome—
(a) obstructs or interferes with the proper use of the aerodrome;
(b) obstructs any person acting in the execution of his duty in relation to the aerodrome;
(c) except with the permission of the controlling authority, enters a restricted area;
(d) remains on the aerodrome after having been required by the controlling authority to leave;
(e) allows his vehicle or animal to remain on the aerodrome after having been required by the controlling authority to remove it, or after its presence on the aerodrome has been forbidden by the controlling authority;
(f) without the authority of the person in charge of an aircraft—
(i) boards such aircraft; or
(ii) tampers or interferes with such aircraft or anything used in connection therewith;
(g) smokes in or brings a naked light into any place—
(i) where such act is prohibited by notice; or
(ii) within 50 feet of an aircraft or a store of liquid fuel or explosives; or otherwise commits any act causing or tending to cause an outbreak of fire;
(h) wilfully gives a false fire or ambulance alarm;
(i) throws, leaves or drops anything capable of causing injury to any person or property;
(j) climbs any wall, fence, barrier, railing or post;
(k) fails, when so required by an aerodrome official, to place an aircraft of which he is in charge in a place or position fixed by such official;
(l) fails to moor properly or otherwise secure a stationary aircraft which is not in a hangar and of which he is in charge;
(m) when requested by the controlling authority to give his name and address—
(i) fails or refuses to give his name and address; or
(ii) gives a false name and address;
(n) drives a vehicle when he is not the holder of either—
(i) a driving license which would, in terms of the Roads and Road Traffic Act, entitle him to drive a vehicle of that class or description on a road (as defined in the said Act); or Cap. 766
(ii) a certificate of competency issued by the controlling authority, authorising him to drive a vehicle of that class or description; shall be guilty of an offence.
[Am by GN 277 of 1961; SI 134 of 1970.]
5. Issue of written permits by controlling authority
(1) Any person who, at any aerodrome, operates an internal combustion engine which does not form part of an aircraft installation within a distance of 50 feet from any part of an aircraft except in terms of a written permit issued by the controlling authority, shall be guilty of an offence.
(2) An application for the issue of the permit referred to in sub-regulation (1) shall be made to the airport manager or the officer-in-charge of the airport concerned.
(3) The controlling authority shall only issue a permit if he is satisfied that—
(a) all possible precautions have been taken to avoid a fire risk being generated; and
(b) an efficient safety device has been fitted to the engine or its component parts to prevent the emission of sparks or flames.
(4) A permit—
(a) shall not be valid for a period of more than three months; and
(b) may be cancelled, without notice, by the controlling authority if he considers that the internal combustion engine for which the permit was issued has become an unacceptable fire risk.
(5) The controlling authority may, at any time, inspect an internal combustion engine for which a permit has been issued and its fittings.
[Am by GN 270 of 1963; SI 153 of 1965.]
6. Offences by drivers of vehicles
Any driver of a vehicle who, within the area of an aerodrome—
(a) fails to conform to the indications given by any traffic sign;
(b) parks his vehicle elsewhere than in a place provided for that purpose;
(c) fails to move his vehicle from a parking place when required by a police officer or the controlling authority to do so;
shall be guilty of an offence.
[Am by SI 153 of 1965.]
7. When written permission of Director necessary
Any person who, without first having obtained the written permission of the Director to do so, commits any of the following acts within the area of an aerodrome, that is to say:
(a) enters or leaves the aerodrome otherwise than through a gate or entrance for the time being provided for that purpose;
(b) enters any part of the aerodrome to which members of the public are not for the time being admitted;
(c) sells or distributes anything, offers anything for sale or hire, or makes any offer of services;
(d) exhibits any notice or advertisement except on premises which the person exhibiting it is authorised to occupy and in accordance with the terms of his occupation;
(e) leaves a vehicle on the aerodrome longer than is reasonably necessary for the transaction of the business for the purpose of which it was brought there;
(f) drives a vehicle in a restricted area or elsewhere than in a place provided for the passage or accommodation of such a vehicle;
(g) drives a motor vehicle into a hanger used for the maintenance or storage of aircraft;
(h) runs an aircraft engine in a hanger;
(i) runs an aircraft engine without a competent person sitting at the controls;
(j) fills into or discharges from any container (including any part of an aircraft or vehicle) liquid fuel elsewhere than in a place approved for that purpose by the controlling authority;
(k) lights a fire elsewhere than in a place constructed for that purpose;
(l) grazes animals;
(m) cuts, digs or removes any soil or turf;
shall be guilty of an offence.
[Am by SI 134 of 1970.]
Any person who contravenes or fails to comply with any provision of, or is guilty of an offence under, these Regulations shall be liable to a fine not exceeding six thousand penalty units or, in default of payment, to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine, or to both.
[Am by GN 300 of 1962; Act 13 of 1994.]
AVIATION (OBSTRUCTIONS, LIGHTS AND SMOKE) REGULATIONS
[Section 4]
Arrangement of Regulations
Regulation
5. Issue of safeguarding maps and smoke restriction area maps
8. Lighting of structures exceeding 500 feet in height
[Regulations by the Minister]
GN 71 of 1963,
GN 387 of 1963,
GN 497 of 1964.
SI 153 of 1965.
These Regulations may be cited as the Aviation (Obstructions, Lights and Smoke) Regulations.
In these Regulations, unless the context otherwise requires—
“aerodrome” means an aerodrome—
(a) owned or leased by the Government; or
(b) licensed for public use by the Director; or
(c) administered by the Director;
“aerodrome reference point” means the point at an aerodrome which is beaconed and designated by the Director as its geographical location;
“approach or take-off area”, in relation to an aerodrome, means an area at each end of any strip at that aerodrome each area being set symmetrically about the extended centre line of that
strip and bounded by four straight lines consisting of—
(a) a line along the end of that strip and extending for the width of that strip, but not extending more than 500 feet on either side of the centre line;
(b) a line parallel to and 48,000 feet from the line referred to in paragraph (a) and extending—
(i) if the line referred to in paragraph (a) extends for 500 feet on either side of the centre line, 8,000 feet on either side of the extended centre line;
(ii) if the line referred to in paragraph (a) extends for less than 500 feet on either side of the centre line, for a distance on either side of the extended centre line which bears the same proportion to 8,000 feet as the distance the line referred to in paragraph (a) extends on either side of the centre line bears to 500 feet;
(c) a line on one side of the extended centre line from the end of the line referred to in paragraph (a) to the end of the line referred to in paragraph (b);
(d) a line on the other side of the extended centre line from the end of the line referred to in paragraph (a) to the end of the line referred to in paragraph (b);
“area under the jurisdiction of a local authority” includes any area where electricity is supplied by the local authority under license granted to that local authority;
“centre line”, in relation to a strip, means an imaginary line down the centre of that strip and "extended centre line" means an extension of that imaginary line for a distance of 48,000 feet from each end of that strip;
“development plan” means a development plan under the Town and Country Planning Act; Cap. 283
“development plan area” means the area comprised within the limits of a development plan;
“Director” means the Director of Civil Aviation appointed in terms of regulation 3 of the Air Navigation Regulations;
“main approach or take-off area”, in relation to an aerodrome, means the approach or take-off area at each end of the main strip at that aerodrome;
“main strip”, in relation to an aerodrome, means the strip at that aerodrome or if that aerodrome has more than one strip, the strip designated by the Director as the main strip at that aerodrome;
“obstruction” means—
(a) any overhead line, building, vegetation or other object projecting above the surface of the ground which is within a safeguarded area and projects through any of the imaginary surfaces set out in the Schedule;
(b) any overhead line which is within a safeguarded area and projects through an imaginary surface inclined upwards from the end of any strip at the aerodrome over the approach or take- off area for a distance measured horizontally of 10,000 feet from the end of that strip with the incline gaining proportionately one foot of vertical rise for every 100 feet of horizontal distance from the end of that strip;
“overhead line” means a wire or cable erected above the ground and in the open air and includes any pole, tower or support and any component parts associated therewith;
“owner”, in relation to land, means—
(a) the person registered as the proprietor of the land except where that person has leased or subleased the land to another person for a period of 14 years or more;
(b) the person in whom the fee simple of the land is vested under a registered deed except where that person has leased or subleased the land to another person for a period of 14 years or more;
(c) the lessee of land held under a lease from the State expressed to be for a period of 14 years or more;
(d) the lessee of land held under any other lease expressed to be for a period of 14 years or more;
(e) the allottee of land held under a provisional title and in process of alienation by the State;
and includes the legal representative of a person who has died, become bankrupt, assigned his estate for the benefit of his creditors, is a minor, is of unsound mind or is otherwise under disability and the liquidator of a company;
“planning authority”, in relation to a development plan, means the person or authority responsible for the preparation or enforcement of the provisions of that development plan;
“prohibited obstruction” means an obstruction other than a regulated obstruction;
“regulated obstruction” means an obstruction which is authorised by or in terms of regulation 7;
“runway”, in relation to an aerodrome, means a straight path within any strip at that aerodrome which is specially prepared and used for the landing and departure of aircraft;
“safeguarded area”, in relation to an aerodrome, means an area set symmetrically about the centre line of the main strip at that aerodrome and bounded by four straight lines consisting of—
(a) a line 25,000 feet from and parallel to the centre line on the one side of the centre line;
(b) a line 25,000 feet from and parallel to the centre line on the other side of the centre line;
(c) a line 48,000 feet from and parallel to the one end of that strip;
(d) a line 48,000 feet from and parallel to the other end of that strip; "safeguarding map" means a safeguarding map issued in terms of regulation 5;
“smoke” includes soot, ash, grit, gritty particles, dust and any other substance whatsoever which obscures visibility;
“smoke restriction area”, in relation to an aerodrome, means an area which is—
(a) within the safeguarded area surrounding that aerodrome; and
(b) within 40,000 feet of the boundary of that aerodrome; and
(c) shown on the safeguarding map or smoke restriction area map issued in respect of that aerodrome as an area in which the emission or causing of smoke is restricted;
“smoke restriction area map” means a smoke restriction area map issued in terms of regulation 5;
“strip”, in relation to an aerodrome, means a clearly marked rectangular portion of the landing area at that aerodrome which is prepared or part of which is prepared for the landing and departure of aircraft in a particular direction and includes the runway and any area at the end of that runway provided for aircraft making an emergency stop or to meet aircraft operational requirements during take-off.
[Am by GN 387 of 1963; SI 153 of 1965.]
Any person who is engaged in construction, maintenance or repair work on an aerodrome shall be exempt from the provisions of these Regulations.
(1) If the Minister, by Gazette notice, declares an area as an area which is intended to be used for the landing and departure of aircraft, that area shall, subject to the provisions of sub-regulation (2), be an aerodrome for the purposes of these Regulations from the date of publication of that notice.
(2) An aerodrome referred to in sub-regulation (1) shall cease to be an aerodrome for the purposes of these Regulations if—
(a) the Minister, by Gazette notice, cancels the notice referred to in sub-regulation (1); or
(b) at the expiration of 18 months from the date of publication of the notice referred to in sub-regulation (1)—
(i) the area which is intended to be used for the landing and departure of aircraft has not been acquired or leased for aerodrome purposes by the Government; or
(ii) aerodrome construction work on the area has not commenced.
(3) At an aerodrome which is intended to be used for the landing and departure of aircraft but is not yet in use and where no strip or runway has been prepared—
(a) a strip shall be that portion of the proposed landing area which the Minister, by Gazette notice, declares to be intended for preparation and use as a strip at that aerodrome;
(b) where the Minister has in terms of paragraph (a) declared more than one proposed strip, the main strip shall be that strip which the Minister, by Gazette notice, declares to be intended for preparation and use as the main strip at that aerodrome;
(c) a runway shall be that portion of a strip which the Minister, by Gazette notice, declares to be intended for preparation and use as a runway at that aerodrome.
(4) An owner of land which is within the safeguarded area surrounding an area declared in a notice published in terms of sub-regulation (1) to be an area which is intended to be used for the landing and departure of aircraft who objects to the area specified in that notice being used for such purposes may appeal to the President, in accordance with the provisions of sub-regulation (5), against the use of the area for such purposes.
(5) An appeal by any person in terms of sub-regulation (4) shall—
(a) be in writing and 15 copies thereof shall be submitted; and
(b) be lodged with the Minister within 30 days of the date of publication in the Gazette of the notice referred to in sub-regulation (4); and
(c) set forth the reasons for his objection to the area specified in the notice referred to in sub-regulation (4) being used for the landing and departure of aircraft.
[Am by GN 387 of 1963.]
5. Issue of safeguarding maps and smoke restriction area maps
(1) The Director may, after publication of a notice in terms of sub-regulation (5), issue a safeguarding map in respect of any aerodrome and, if a safeguarding map has not been issued in respect of a particular aerodrome, may issue a smoke restriction area map in respect of that aerodrome.
(2) A safeguarding map shall be signed by the Director and shall show the date of issue and, in relation to the aerodrome in respect of which it is issued—
(a) the safeguarded area surrounding that aerodrome; and
(b) different areas within that safeguarded area where obstructions not exceeding a height specified for each different area may be erected or permitted to come into existence; and
(c) the smoke restriction area within 40,000 feet of the boundary of that aerodrome.
(3) A smoke restriction area map shall be signed by the Director and shall show the date of issue and, in relation to the aerodrome in respect of which it is issued—
(a) the safeguarded area surrounding that aerodrome; and
(b) the smoke restriction area within 40,000 feet of the boundary of that aerodrome.
(4) Where any of the safeguarded area surrounding an aerodrome falls within the area under the jurisdiction of a local authority or within a development plan area, the Director shall, whilst any safeguarding map or smoke restriction area map in respect of that aerodrome is being prepared, consult the local authority and, additionally or alternatively, as the case may be, the planning authority concerned as to so much of the areas to be shown and heights specified in that map as fall within the area under the jurisdiction of that local authority or within that development plan area, as the case may be.
(5) When any safeguarding map or smoke restriction area map is to be issued, the Director shall, by Gazette notice, notify the public—
(a) that such map is to be issued; and
(b) of the date on which such map is to be issued; and
(c) of the office or offices where such map may be inspected free of charge.
(6) The Director may, by Gazette notice, withdraw any safeguarding map or smoke restriction area map and may substitute a safeguarding map or smoke restriction area map therefor.
[Am by GN 387 of 1963; SI 153 of 1965.]
(1) No person shall erect or permit the coming into existence of a prohibited obstruction.
(2) Where any person has contravened the provisions of sub-regulation (1), the Director may order that person in writing to reduce the height of the prohibited obstruction so that it ceases to be a prohibited obstruction.
(3) Where a person has received an order from the Director in terms of sub-regulation (2), he shall, within seven days of the receipt of that order, reduce the height of the prohibited obstruction so that it ceases to be a prohibited obstruction.
(4) Where a person fails to reduce the height of a prohibited obstruction in terms of sub-regulation (3), the Director may cause such prohibited obstruction to be reduced in height so that it ceases to be a prohibited obstruction.
(1) A person may erect or permit the coming into existence of an obstruction within the safeguarded area surrounding an aerodrome if—
(a) that obstruction—
(i) is within an area shown in the safeguarding map as an area where obstructions may be erected or permitted to come into existence; and
(ii) does not exceed the maximum height specified in the safeguarding map for that area; or
(b) the Director has in terms of sub-regulation (3) or (5) authorised that person to erect or permit the coming into existence of that obstruction.
(2) A person who wishes to erect or permit the coming into existence of an obstruction other than an obstruction referred to in paragraph (a) of sub-regulation (1) shall—
(a) apply in writing to the Director for authority to erect or permit the coming into existence of that obstruction; and
(b) submit with his application a plan showing the proposed location, shape and height of the obstruction and its proposed elevation in relation to the aerodrome reference point or, if the Director agrees, in relation to the best available trigonometrical level datum.
(3) If, after receiving and considering an application and plan submitted in terms of sub-regulation (2), the Director is of the opinion that the proposed obstruction will not be a hazard to air navigation, he shall authorise in writing the person who has made the application to erect or permit the coming into existence of the proposed obstruction.
(4) If, after receiving and considering an application and plan submitted in terms of sub-regulation (2), the Director is of the opinion that the proposed obstruction will be a hazard to air navigation, he shall not authorise the person who had made the application to erect or permit the coming into existence of the proposed obstruction.
(5) If the proposed obstruction referred to in sub-regulation (4) is modified in one or more of the following ways:
(a) by removal to another location;
(b) by alteration of its shape;
(c) by reduction of its height;
(d) by provision for lighting it in such manner as the Director may require to give visual warning of its presence in darkness or in conditions of poor visibility;
(e) by provision for marking it in such manner as the Director may require to give visual warning of its presence in daylight;
so that it ceases to be a hazard to air navigation, the Director shall authorise in writing the person who has made the application to erect or permit the coming into existence of the proposed obstruction as modified.
(6) If a proposed obstruction has been authorised by the Director in terms of sub-regulation (3) or (5), no alteration to the location, shape or height of the proposed obstruction or to any lighting or marking referred to in paragraph (d) or (e) of sub-regulation (5) shall be made before or during the erection or coming into existence of the obstruction unless the Director approves in writing such alteration.
(7) If an obstruction has been erected or permitted to come into existence on the authority of the Director in terms of this regulation, no person shall alter the shape or increase the height of that obstruction or permit the height of that obstruction to increase beyond the height authorised by the Director unless the Director approves in writing such alteration or increase in height.
(8) Where provision for lighting or marking a regulated obstruction is required to be made, the owner of the land on which that obstruction is situated shall ensure that—
(a) if provision for lighting is to be made, that obstruction is lighted in accordance with the provisions of paragraph (d) of sub-regulation (5) during the hours of darkness between 15 minutes after sunset and 15 minutes before sunrise and any other time when that obstruction cannot be seen clearly at a distance of at least 15,000 feet;
(b) if provision for marking is required to be made, that obstruction is clearly marked in accordance with the provisions of paragraph (e) of sub-regulation (5) during the hours of daylight.
8. Lighting of structures exceeding 500 feet in height
(1) Any building, tower, mast or other structure which exceeds 500 feet in height shall have provision for lighting it in such manner as the Director may require to give visual warning of its presence in darkness or in conditions of poor visibility.
(2) The owner of the land on which a building, tower, mast or other structure referred to in sub-regulation (1) is situated shall ensure that that structure is lighted in the manner required by the Director during the hours of darkness between 15 minutes after sunset and 15 minutes before sunrise and any other time when that structure cannot be seen clearly at a distance of at least 15,000 feet.
(1) No person shall—
(a) erect or permit the erection of; or
(b) alter, destroy or interfere with;
an aerial lighthouse or lighted beacon for air navigational purposes except with the written consent of the Director and in such manner as the Director may authorise.
(2) No person shall display or permit the display of a light which endangers or is likely to endanger the safety of aircraft—
(a) by reason of glare; or
(b) by causing confusion with or preventing clear reception of any light or signal displayed for air navigational purposes on the authority of the Director or in accordance with the provisions of any regulations made under the Act.
(3) If the Director is of the opinion that any light is being displayed which endangers or is likely to endanger the safety of aircraft as specified in sub-regulation (2), he may, by notice in writing, order the person displaying or permitting the display of that light to remove that light or alter it in such manner that it ceases to endanger or be likely to endanger the safety of aircraft.
(4) Where a person has received an order from the Director in terms of sub-regulation (3), he shall, within seven days of the receipt of the order, remove the light specified in the order or alter it in such manner that it ceases to endanger or be likely to endanger the safety of aircraft.
(5) Where a person fails to remove or alter a light in terms of sub-regulation (4), the Director may cause such light to be removed or altered in such manner that it ceases to endanger or be likely to endanger the safety of aircraft.
(1) Subject to the provisions of sub-regulation (2), no person shall operate or cause to be operated within a smoke restriction area any machinery or plant used for industrial or trade purposes which emits or causes smoke unless the authority, in writing, of the Director has been obtained for such operation and the machinery or plant is operated in compliance with any conditions the Director may impose when granting such authority.
(2) The provisions of sub-regulation (1) shall not apply in relation to machinery or plant used for industrial or trade purposes which was installed or an agreement for the purchase or the installation of which has been entered into before the date of issue of the safeguarding map or smoke restriction area map, as the case may be, showing the premises where the machinery or plant is operated or is to be operated as being within a smoke restriction area.
(3) A person who wishes to operate or cause to be operated within a smoke restriction area any machinery or plant used for industrial or trade purposes which emits or causes smoke, other than machinery or plant referred to in sub-regulation (2), shall—
(a) apply in writing to the Director for authority to operate or cause to be operated such machinery or plant; and
(b) submit with his application information as to- (i) the type of machinery or plant to be operated;
(ii) the use to which such machinery or plant is to be put;
(iii) the hours during which and days on which such machinery or plant is to be operated; (iv) the maximum volume and density of smoke likely to be emitted or caused by the operation of such machinery or plant.
(4) On receipt of an application in terms of sub-regulation (3), the Director may call for the submission of further information by that person, including information as to any practicable means there may be for minimising the smoke likely to be emitted or caused by the operation of such machinery or plant.
(5) After receiving and considering an application in terms of sub-regulation (3) and any information submitted in terms of sub-regulation (4), the Director may, subject to the provisions of sub-regulation (6), grant authority in writing to the person who has made the application to operate or cause to be operated that machinery or plant and in granting such authority the Director may impose such conditions as he may consider necessary as to—
(a) the use of any practicable means for minimising the smoke emitted or caused by such operation;
(b) the volume of smoke that may be emitted or caused;
(c) the periods when no smoke may be emitted or caused.
(6) If, after receiving and considering an application in terms of sub-regulation (3) and any information submitted in terms of sub-regulation (4), the Director is of the opinion that the proposed operation of the machinery or plant is likely to emit or cause smoke affecting visibility at or over the aerodrome or any approach or take-off area at that aerodrome, he shall not grant authority to the person who has made the application to operate or cause to be operated such machinery or plant.
(7) Any person who operates or causes to be operated within a smoke restriction area machinery or plant referred to in sub-regulation (2) shall use any practicable means there may be for minimising the smoke emitted or caused by such operation during any period when the Director notifies him that the emission or causing of smoke within that area is likely to affect visibility at or over the aerodrome or any approach or take-off area at that aerodrome.
(8) For the purposes of this regulation, "practicable" means reasonably practicable having regard, amongst other things, to—
(a) local conditions and circumstances;
(b) the financial implications;
(c) the current state of technical knowledge;
(d) the proper use of the plant or machinery.
[Regulation 2]
SURFACES WITHIN A SAFEGUARDED AREA
1. The traffic area surface located 150 feet above ground-level over the safeguarded area.
2. The horizontal surface located 150 feet above the mean elevation of the ends of the runway, or if there is more than one runway, the main runway at the aerodrome over a circular area of 13,000 feet horizontal radius from the aerodrome reference point.
3. The conical surface sloping upwards and outwards from the perimeter of the horizontal surface to an outer limit of 20,000 feet horizontal radius from the aerodrome reference point with the incline gaining proportionately one foot of vertical rise for every 20 feet of radial increase.
4. The safety surface located 10 feet above ground-level over any approach or take-off area for a horizontal distance of 5,000 feet from the end of the strip.
5. The instrument approach surface at each end of the main strip inclined upwards from the end of the main strip over the main approach or take-off area for a distance measured horizontally
of 48,000 feet from the end of the main strip with the incline gaining proportionately one foot of vertical rise for every 50 feet of horizontal distance from the end of the main strip.
6. The instrument take-off surface at each end of the main strip inclined upwards from the end of the main strip over the main approach or take-off area for a distance measured horizontally of 10,000 feet from the end of the main strip with the incline gaining proportionately one foot of vertical rise for every 84 feet of horizontal distance from the end of the main strip.
7. The non-instrument approach surface at each end of any strip inclined upwards from the end of the strip over the approach or take-off area for a distance measured horizontally of 10,000 feet from the end of that strip with the incline gaining proportionately one foot of vertical rise for every 40 feet of horizontal distance from the end of that strip.
8. The transitional surface sloping upwards and outwards to the intersection with the horizontal surface from—
(a) the boundary of any strip; and
(b) the edge of any—
(i) instrument approach surface;
(ii) instrument take-off surface;
(iii) non-instrument approach surface;
with the incline gaining proportionately one foot of vertical rise for every 7 feet of horizontal distance from the said boundary or edge.
AVIATION (RULES OF THE AIR) REGULATIONS
[Section 4]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
GENERAL
3. Departures from these Regulations
5. Locally registered aircraft flying outside Zambia
PART III
GENERAL FLIGHT RULES
10. Election to fly under instrument flight rules
13. Operation on and in the vicinity of an aerodrome
14. Air traffic control instructions and international flight and communication procedures
17. Towing and picking up of objects
22. Flying in simulated instrument flight conditions
26. Night flights within controlled airspaces
27. Authority of person in command of an aircraft
28. Compliance with reporting procedures
29. Locally registered aircraft equipped with radio apparatus
32. Hazardous flight conditions
PART IV
VISUAL FLIGHT RULES
33. V.F.R. flight within a flight information region
34. V.F.R. flight within a controlled airspace
35. Non-compliance with Part IV
PART V
INSTRUMENT FLIGHT RULES
37. I.F.R. flight within a flight information region
38. I.F.R. flight within a controlled airspace
39. I.F.R. flight within a control area or control zone
40. Qualifications for I.F.R. flight within a control area or control zone
42. Failure of radiocommunications
PART VI
AERODROME FLIGHT RULES
44. Arrivals at and departures from an aerodrome
PART VII
GROUND MARKS AND SIGNALS BY DAY AT AERODROMES
52. Ground marks and signals at all aerodromes in use
53. Ground marks and signals at aerodromes having an air traffic control unit
54. Ground marks and signals at aerodromes where glider flights are in progress
PART VIII
NIGHT LIGHTING AT AERODROMES
57. Lighting for landings and take-offs
58. Lighting at non-runway aerodromes
59. Lighting at runway aerodromes
61. Lighting at aerodromes where glider flights are in progress
64. Taxi-way and manoeuvring area lighting
PART IX
GLIDER FLIGHT RULES
67. Permission to use certain aerodromes necessary
70. Glider landing and take-off rules
PART X
LIGHTS AND OTHER OBJECTS TO BE DISPLAYED BY AIRCRAFT
72. Interpretation of terms in Part X
73. Flying machines on land or in flight
74. Flying machines on the water
75. Towing vehicles and aircraft under tow
PART XI
INTERNATIONAL SIGNALS OF DISTRESS
PART XII
OFFENCES
82. Wrongful making of signals
[Regulations by the Minister]
GN 268 of 1957.
GN 387 of 1963,
GN 497 of 1964.
SI 153 of 1965.
PART I
PRELIMINARY
These Regulations may be cited as the Aviation (Rules of the Air) Regulations.
In these Regulations, unless the context otherwise requires—
“advisory area” means a notified area within a flight information region where air traffic advisory service is available;
“advisory route” means a route within a flight information region along which air traffic advisory services is available;
“aerobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, or an abnormal attitude or an abnormal variation in speed;
“aerodrome traffic” means aircraft operating on and in the
vicinity of an aerodrome and any other traffic operating on the manoeuvring area;
“aerodrome traffic circuit” means the specified path to be flown by an aircraft operating in the vicinity of an aerodrome within the airspace enclosed in the area 9,000 feet from the boundary of the aerodrome up to a height of 2,000 feet above the aerodrome level or within such other distance from and height above an aerodrome as may be notified;
“aeroplane” means a flying machine supported in flight by fixed wings;
“airship” means an aircraft having gas lighter than air as a means of support, which has means of propulsion and means of directional control;
“air traffic” means all aircraft in flight or operating on the manoeuvring area of an aerodrome;
“air traffic advisory service” means a service provided to ensure separation, in so far as is possible, between aircraft operating on I.F.R. flight plans outside controlled airspaces but within the advisory route or advisory areas;
“air traffic control clearance” means authorisation by an air
traffic control unit for an aircraft to proceed, subject to compliance with air traffic control instructions issued by the air traffic control unit for the airspace through which the aircraft is flying;
“air traffic control instructions” means directions issued to a pilot by an air traffic control unit specifying how a flight is to be conducted;
“air traffic control service” means a service established for the purpose of—
(a) preventing collisions—
(i) between aircraft in the air; and
(ii) on the manoeuvring area, excluding the marshalling area, between aircraft and aircraft and between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic; and
(c) providing advice and information to assist in the safe and efficient conduct of flights;
“air traffic control unit” means a unit established for the purpose of providing an air traffic control service;
“air traffic service unit” means a unit established for the purpose of providing any of the following services:
(a) flight information service;
(b) air traffic control service;
(c) air traffic advisory service;
“alerting service” means a service provided for the purpose of—
(a) notifying appropriate organisations regarding aircraft in need of search and rescue aid; and
(b) assisting such organisations as required;
“altitude” means the vertical distance of a level, point or object considered as a point measured from mean sea level;
“angle of approach light” means a light placed at or near ground level at an aerodrome to indicate to an aeroplane in the approach way, which is approaching for the purpose of landing, its position in the vertical plane relative to a
predetermined safe path of descent for landing, and so arranged as to show—
(a) an amber light when the aeroplane is above;
(b) a green light when it is within; and
(c) a red light when it is below;
the said path;
“approach way” means the determined airspace over an approach area, through which aircraft in flight approach or leave a strip or a channel;
“appropriate authority” means the national authority of a contracting State responsible for the safety of air navigation over the territory of that State and, in the case of Zambia, means the Director;
“approved” means approved by the Director;
“balloon” means an aircraft having gas lighter than air as a means of support which has no means of propulsion;
“contracting State” means any State which is a party to the Convention;
“controlled airspace” means an airspace of notified dimensions within which an air traffic control service is provided to I.F.R. flights;
“control area” means a controlled airspace extending upwards from a notified height above the surface of the earth or from a notified altitude;
“control zone” means a controlled airspace extending upwards from the surface of the earth;
“Director” means the Director of Civil Aviation appointed in terms of regulation 3 of the Air
Navigation Regulations;
“flight information region” means an airspace of notified dimensions within which flight information service and alerting service are provided and air traffic advisory service may be provided;
“flight information service” means a service provided for the purpose of giving advice and information to assist in the safe and efficient conduct of a flight;
“flight levels” means surfaces of constant atmospheric pressure which are related to a specific pressure datum, 1013.2 millibars (29.92 inches of mercury) and are separated by specific pressure intervals and "flight level" shall be construed accordingly;
“flight plan” means notified information relative to the intended navigation of an aircraft;
“flight visibility” means the average range of visibility forward from the cockpit of an aircraft in flight;
“flying machine” means an aircraft heavier than air and having means of mechanical propulsion;
“glider” means an aircraft heavier than air, not fixed to the ground and having no means of mechanical propulsion, but having means of directional control;
“Government aerodrome” means an aerodrome which is owned or controlled by the Government, other than an aerodrome belonging to, or for the time being in use exclusively by, the Defence Force;
“height” means the vertical distance of a level, point or object considered as a point measured from a specified datum;
“helicopter” means a flying machine supported in flight by aerofoils normally mechanically rotated about a substantially vertical axis (or axes);
“I.F.R. flight” means a flight conducted in accordance with instrument flight rules;
“instrument flight rules” means the provisions of Part V;
“instrument meterological conditions” means weather conditions below the minima laid down for visual flight rules;
“kite” means a non-mechanically driven aircraft, heavier than air, moored to or towed from the ground or water;
“land” and "landing", in relation to aircraft, include alighting on water;
“landing area” means that part of the manoeuvring area primarily intended for the take-off and landing of aircraft;
“landing strip” means a rectangular portion of the landing area specially prepared for the take- off and landing of aircraft in a particular direction;
“landing T” means a device as shown in the First Schedule to indicate visually to aircraft the direction designated for the time being for landing or take-off;
“license” includes any certificate of competency required to be held in connection with such license by the law of the country in which such license was granted;
“licensed aerodrome” means any aerodrome licensed in terms of regulation 116 of the Air
Navigation Regulations;
“magnetic track” means the angle measured clockwise from magnetic north to the path followed by an aircraft over the earth;
“manoeuvring area” means that part of an aerodrome used for the take-off and landing of aircraft and for the movements of aircraft associated with take-offs and landings;
“marshalling area” means that portion of the manoeuvring area normally set aside for the loading, off-loading or parking of aircraft;
“nautical mile” means a distance of 6,080 feet;
“night” means the hours of darkness between 15 minutes after sunset and 15 minutes before sunrise or any other time when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 15,000 feet;
“notification of flight” means specified information relative to the intended navigation of an aircraft;
“notified” means shown in any notice to airmen, notice to aircraft owners and aircraft maintenance engineers, or any other circular or publication issued by the Director for the purposes of these Regulations;
“person in command”, in relation to an aircraft, means, if any person other than the pilot-in- charge is in command, such person, and in any other case, the pilot-in-charge;
“radio” is to be interpreted as a general term applied to the use of electromagnetic waves of frequencies between 10 kilocycles a second and 3,000,000 megacycles a second;
“radio apparatus” includes all apparatus, including any ancillary equipment, for sending or receiving by means of radio;
“rating” means an entry in a license specifying or limiting the effect of any right conferred by such license entitling the holder thereof to perform any function to which such license relates;
“reporting point” means a geographical location in relation to which the position of an aircraft is to be reported;
“runway” means a hard-surfaced straight path within a landing strip normally used for the take- off and landing of aircraft;
“runway threshold lights” means a line of fixed lights placed across the end of a runway or landing strip to indicate the usable limit thereof, the line being—
(a) at right angles to the axis of the runway or landing strip; and
(b) composed of at least four lights spaced equal distances apart and showing green in the direction of approach;
“signal area” means a selected part of an aerodrome set aside for the display to aircraft in flight of the ground signals referred to in Part VII;
“taxi-way” means a specially prepared or marked path on the manoeuvring area of a land aerodrome which is intended for the use of aircraft in motion, other than when taking off or landing;
“V.F.R. flight” means a flight conducted in accordance with visual flight rules;
“visibility” means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night;
“visual flight rules” means the provisions of Part IV;
“visual meterological conditions” means weather conditions equal to or above the minima laid down for visual flight rules.
[Am by GN 387 of 1963; SI 153 of 1965.]
PART II
GENERAL
3. Departures from these Regulations
(1) In complying with these Regulations the person in command of an aircraft shall have due regard to all dangers of navigation and collision and to any other special circumstances which may render necessary, in order to avoid immediate danger, a departure from compliance with any provision of these Regulations.
(2) The person in command of the aircraft shall, as soon as possible after such departure has occurred—
(a) within Zambia, notify the appropriate air traffic service unit;
(b) with respect to a locally registered aircraft outside Zambia, notify the appropriate authority.
(3) If so required by the appropriate air traffic service unit or the appropriate authority, as the case may be, the person in command of the aircraft shall, within 10 days from the time of receipt by him of such requirement, submit to such service unit or such authority, as the case may be, a report in writing of the special circumstances which rendered such departure necessary. When submitting a report to the appropriate authority, the person in command of the aircraft shall also submit a copy of such report to the Director.
[Am by GN 387 of 1963.]
(1) The Director may, where it appears to him to be necessary, make any special rule or rules with respect to the navigation of aircraft in the vicinity of a Government aerodrome or in or over any other notified area and shall cause any such rule or rules to be notified.
(2) Notwithstanding anything to the contrary contained in these Regulations, all operators, pilots and crews of aircraft operating within Zambia shall comply with any rule or rules made in terms of sub-regulation (1).
[Am by GN 387 of 1963.]
5. Locally registered aircraft flying outside Zambia
In the application of Parts III, IV and V to a locally registered aircraft outside Zambia—
(a) if the aircraft is over the territory of a contracting State, nothing in the said Parts shall be deemed to interfere with the application to the aircraft of any special rules made by that State relative to flights over its territory, which are not in conflict with the provisions of the said Parts; and
(b) if the aircraft is over the territory of a State other than a contracting State, the provisions of the said Parts shall be deemed to apply to the aircraft only in so far as they do not conflict with any rules made by that State relative to flights over its territory.
[Am by GN 387 of 1963.]
The Minister may by written authority exempt from any of the provisions of these Regulations aircraft flown for experimental purposes, or any other aircraft or any persons, when it appears to him unnecessary that such provisions should apply. Such exemption may be made subject to any conditions or limitations which, in the circumstances of the case, appear to him to be required.
PART III
GENERAL FLIGHT RULES
An aircraft shall be flown at all times in compliance with the provisions of this Part and, in addition, shall comply either with visual flight rules or with instrument flight rules.
The person in command of an aircraft shall, prior to commencing a flight—
(a) familiarise himself with information necessary for the proper operation of the aircraft en route and on the aerodromes which may be used;
(b) other than a flight within the immediate vicinity of the aerodrome, carefully study the current weather reports and forecasts and then decide whether—
(i) the flight can be made with safety, taking into full consideration fuel requirements and an alternative course of action in case the flight cannot be completed as planned; and
(ii) instrument meterological conditions prevail or are likely to prevail along any part of the proposed flight so that if I.F.R. flight is necessary the provisions of Part V may be complied with;
(c) within or through a controlled airspace—
(i) submit or cause to be submitted to the appropriate air traffic control unit a flight plan which shall, unless otherwise authorised by such control unit, contain particulars as notified; and
(ii) unless otherwise authorised by the appropriate air traffic control unit, obtain from such control unit an air traffic control clearance.
(1) Prior to commencing a flight-
(a) within or through an airspace notified for the purposes of this regulation; or
(b) over an area notified as an area in which search and rescue operations would be difficult;
the person in command of the aircraft shall submit or cause to be submitted to the appropriate air traffic service unit a notification of flight containing such particulars as may be required by such service unit:
Provided that, where such person is unable to comply with the provisions of this sub-regulation, he shall follow the notified procedure.
(2) If the flight referred to in sub-regulation (1) is to be made within or through a controlled airspace, the person in command of the aircraft shall apply for an air traffic control clearance from the appropriate air traffic control unit. If the air traffic control clearance—
(a) is obtained, the provisions of regulation 39 shall apply to such flight;
(b) is not obtained, the aircraft shall not fly within the controlled airspace except in accordance with visual flight rules.
10. Election to fly under instrument flight rules
Prior to commencing or at any time during a flight, the person in command of the aircraft may elect to fly in accordance with instrument flight rules when visual meteorological conditions prevail along the path of the proposed flight. In such case, he shall submit or cause to be submitted a flight plan to the appropriate air traffic control or service unit and, if any part of the flight is to be made within a controlled airspace, shall obtain from such control unit an air traffic control clearance in respect of that part of the flight.
(1) When a flight plan or notification of flight has been submitted in respect of a particular flight, the aircraft shall, unless otherwise directed by the appropriate air traffic control or service unit, be flown in accordance with such flight plan or notification of flight and the person in
command of the aircraft shall not cancel such flight plan or notification of flight unless—
(a) he is able, and intends, to continue his flight in uninterrupted visual meterological conditions; and
(b) he has informed the appropriate air traffic control or service unit.
(2) When a flight plan or notification of flight has been submitted in respect of a particular flight and during such flight it is found necessary to deviate in respect of any particular from such
flight plan or notification of flight, the person in command of the aircraft shall, if he is able to communicate with an appropriate radio station, report by radio the nature of the proposed deviation to such radio station as soon as is practicable and, if the flight is being made in accordance with an air traffic control clearance, shall obtain an amended air traffic control clearance.
(1) An aircraft shall not be flown within any area where flight is restricted or prohibited by a contracting State and particulars of which have been notified by the appropriate authority
unless—
(a) special permission to fly within such an area has been granted in respect of the aircraft by the appropriate authority; and
(b) the aircraft is flown in accordance with the terms and conditions of such special permission.
(2) If the person in command of an aircraft flying within Zambia becomes aware that the aircraft is flying in contravention of a notice made in terms of regulation 57 or 58 of the Air Navigation Regulations, the aircraft shall immediately make a signal of distress by radiotelephony or by one of the visual signals described in regulation 79 and shall land as soon as possible at the nearest aerodrome in Zambia, not being an aerodrome within the area to which such notice applies or
an aerodrome from the vicinity of which the aircraft is excluded in terms of paragraph (b) of sub-regulation (2) of regulation 43:
Provided that for the purpose of so landing an aircraft shall not, unless compelled by accident, stress of weather or other unavoidable cause, fly further into or commence to descend while still above such an area.
(3) In Zambia when a notice restricting or prohibiting flights within certain areas has been made in terms of regulation 57 or 58 of the Air Navigation Regulations, the following visual signals may be used:
(a) to warn an aircraft that it is in the vicinity of an area specified in such a notice and should alter its course—
(i) by day, a series of projectiles discharged at intervals of 10 seconds, each showing on bursting black or white smoke;
(ii) by night, a series of projectiles discharged at intervals of 10 seconds, each showing on bursting a white light or star; or
(iii) by night, an intermittent white luminous beam directed at the aircraft which is being warned;
(b) to notify an aircraft that it is flying in contravention of such a notice and must comply with the provisions of sub-regulation (2), a series of projectiles discharged at intervals of 10 seconds, each showing on bursting a green light or star.
(4) If an aircraft fails to comply with the provisions of sub-regulation (2) after being required to do so, either by radiotelephony or by visual signals, by or at the direction of a commissioned officer of the Defence Force, such officer may use any means at his disposal to compel the aircraft to comply with such provisions.
[Am by GN 387 of 1963; SI 153 of 1965.]
13. Operation on and in the vicinity of an aerodrome
The person in command of an aircraft being operated on or in the vicinity of an aerodrome shall—
(a) Observe other aerodrome traffic for the purpose of avoiding collision; (b) conform to or avoid the aerodrome traffic circuit;
(c) unless otherwise prescribed by the appropriate authority or instructed by the air traffic control unit, make all turns to the left when approaching for a landing and after taking off;
(d) if an air traffic control unit is in operation at such aerodrome—
(i) maintain a continuous watch on the notified radio frequencies for air traffic control instructions, or, if this is not possible, keep a watch for such instructions as may be issued by visual means;
(ii) obtain, either by radio or visual signal, such authorisation for his movements as may be necessary for the protection of aerodrome traffic;
(e) if an air traffic control unit is not in operation at such aerodrome, land and take off, so far as practicable, into the wind;
(f) with respect to an aerodrome in Zambia, comply with the provisions of Part VI.
[Am by GN 387 of 1963.]
14. Air traffic control instructions and international flight and communication procedures
The person in command of an aircraft shall comply with any air traffic control instructions received by him and, generally, shall act in conformity with such flight and communication procedures as are internationally recognised.
(1) An aircraft-
(a) shall not be operated in such proximity to other aircraft as to create a collision danger;
(b) shall not fly in formation with another aircraft except by pre-arrangement between the persons in command of the aircraft so flying;
(c) which is obliged by these Regulations to keep out of the way of another aircraft shall not pass over or under or cross ahead of the other aircraft unless passing well clear of it.
(2) Subject to the provisions of sub-regulations (4) and (5), when in flight an aircraft shall give way to another aircraft of a class different from its own as follows:
(a) flying machines shall give way to airships, gliders and balloons;
(b) airships shall give way to gliders and balloons;
(c) gliders shall give way to balloons.
(3) When two aircraft of the same class are flying at approximately the same altitude and on converging courses, the aircraft which has the other on its right shall give way:
Provided that flying machines shall give way to flying machines which are towing other aircraft.
(4) When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its course to the right.
(5) An aircraft which is being overtaken has the right of way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its course to the right, and no subsequent change in the relative positions of the two aircraft shall release the overtaking aircraft from this obligation until it has passed and is entirely clear of the other aircraft:
Provided that within Zambia nothing in this sub-regulation shall apply to a glider overtaking another glider if the person in command of the overtaking glider is satisfied that, having regard to all the circumstances, hazard would be caused by altering his course to the right.
(6) Subject to the provisions of sub-regulation (8), an aircraft which is landing or approaching an aerodrome for the purpose of landing has the right of way over other aircraft in flight or on the ground or water:
Provided that—
(i) in the case of two or more flying machines or two or more gliders approaching an aerodrome for the purpose of landing, the flying machine or the glider, as the case may be, at the lower altitude shall have the right of way but it may not overtake or cut in in front of the other if such other flying machine or glider, as the case may be, is descending in a straight line for the purpose of landing;
(ii) in the case of a flying machine and a glider approaching an aerodrome for the purpose of landing, the glider shall have the right of way.
(7) An aircraft about to take off shall not attempt to do so until the person in command thereof is satisfied that there is no apparent risk of collision with any obstacle, vehicle or other aircraft.
(8) An aircraft which is aware that another aircraft is compelled to land shall give way to that aircraft.
[Am by GN 387 of 1963.]
(1) Within Zambia no aircraft shall fly over any city, municipality, town or other populous area—
(a) at a height of less than 1,000 feet above the highest obstacle within a radius of 2,000 feet from the aircraft; and
(b) except at such height as will enable the aircraft to alight outside the limits of such city, municipality, town or other populous area, notwithstanding, in the case of a flying machine, the failure of its engine, if it has only one engine, or of one of its engines, if it has more than one engine:
Provided that the provisions of this sub-regulation shall not apply to—
(i) an aircraft which is departing from or about to land at a licensed aerodrome or a Government aerodrome if the aircraft is flying at a height which, having regard to all the circumstances of the case, is reasonable and is otherwise in conformity with the provisions of any regulations made under the Act and with normal aviation practice in such a case;
(ii) a helicopter which is being flown with special permission in writing given by the Director and in accordance with any conditions or limitations contained in such special permission.
(2) Save when temporary restrictions have been imposed by a notice made in terms of regulation 58 of the Air Navigation Regulations, within Zambia no aircraft shall fly over or in the vicinity of any area where a large number of persons are assembled in the open air except with special permission in writing given by the Director:
Provided that the provisions of this sub-regulation shall not apply to an aircraft which is departing from or about to land at a licensed aerodrome or a Government aerodrome if it is necessary for the purpose of effecting such departure or arrival that the aircraft should fly over or in the vicinity of such an area.
(3) No aircraft shall be flown in such a manner or in such circumstances as, by reason of low height or proximity to persons or dwellings or to other aircraft or for any other reason, to cause danger to any person or property, including animals, on land or water or in the air.
[Am by GN 387 of 1963.]
17. Towing and picking up of objects
(1) The person in command of a locally registered aircraft outside Zambia shall not permit anything to be towed by such aircraft except in accordance with the requirements of the appropriate authority.
(2) Subject to the provisions of sub-regulation (4), within Zambia no aircraft shall—
(a) be used in flight for the purpose of towing another aircraft or any banner, drogue, flag or similar article; or
(b) be towed in flight by another aircraft;
unless the aircraft is being so used or towed in accordance with an express authorisation for that purpose included in the terms of the certificate of airworthiness or the validation of such certificate in force in Zambia in respect of the aircraft and subject to any conditions or limitations contained in such terms:
Provided that no aircraft shall be so used or towed at night or in instrument meteorological conditions except with special permission in writing given by the Director and in accordance with any conditions or limitations contained in such special permission.
(3) Subject to the provisions of sub-regulation (4), within Zambia no aircraft shall be used in flight for the purpose of picking up any object from the ground except with special permission in writing given by the Director and in accordance with any conditions or limitations contained in such special permission.
(4) The provisions of sub-regulations (2) and (3) shall not apply to an aircraft flown in accordance with the provisions of paragraph (b) of sub-regulation (2) of regulation 20 of the Air Navigation Regulations.
(5) Nothing in this regulation shall prohibit the reasonable use or display by or from an aircraft in flight of—
(a) radio aerials;
(b) any instrument which is being used for experimental purposes; or
(c) any signal, apparatus, equipment or article required or permitted to be used or displayed from an aircraft in flight when used or displayed in accordance with the provisions of any regulations made under the Act.
(6) For the purposes of this regulation, an aircraft in flight shall be deemed to be towing another aircraft or a banner, drogue, flag or similar article if such other aircraft or banner, drogue, flag or similar article is attached to the aircraft in flight by any means external to such aircraft which cause such other aircraft or banner, drogue, flag or similar article to follow or accompany in flight the aircraft to which it is thus attached.
[Am by GN 387 of 1963.]
(1) When an aircraft is in flight the person in command thereof shall ensure that nothing which might endanger persons or property, including animals, on land or water is dropped from such aircraft.
(2) No object, whether attached to a parachute or not, shall be dropped or projected from an aircraft flying within Zambia unless the object is dropped or projected in accordance with the special permission in writing given by the Director and subject to any conditions or limitations contained in such special permission.
(3) Nothing in this regulation shall prevent the person in command of an aircraft or any person authorised by him from—
(a) dropping ballast in the form of fine sand or water not enclosed in a bag or other container;
(b) dropping, in accordance with the provisions of regulation 69, ropes used for towing aircraft;
(c) jettisoning fuel in a case of emergency;
(d) using apparatus for the purpose of navigating the aircraft when the type of apparatus and method of use have been approved;
(e) dropping or projecting material for the purpose of dusting or spraying crops in accordance with an express authorisation for that purpose included in the terms of the certificate of airworthiness or the validation of such certificate in force in respect of the aircraft; or
(f) dropping or projecting medical supplies, food, equipment or any other requisites in the event of illness or other emergency.
[Am by GN 387 of 1963.]
Parachute descents
Save in emergency, no person shall descend by means of a parachute from an aircraft unless—
(a) if such aircraft is flying within Zambia, the descent is made in accordance with the special permission in writing given by the Director and subject to any conditions or limitations contained in such special permission;
(b) if such aircraft is flying over the territory of another contracting State, the descent is authorised by the appropriate authority.
[Am by GN 387 of 1963.]
(1) No aircraft shall carry out aerobatic flight so as to endanger air traffic.
(2) If the appropriate authority has prohibited aerobatic flight over any area, no aircraft shall perform such flight over that area without the permission of such authority.
(3) Within Zambia no aircraft shall carry out aerobatic flight—
(a) over any city, municipality, town or other populous area;
(b) within a control zone, except with the consent of the appropriate air traffic control unit.
[Am by GN 387 of 1963.]
Within Zambia any person who gives to another person instruction in flying, including directions to that person when flying or about to fly as pilot-in-charge of an aircraft, shall take care that the instruction which he gives is such as to ensure as far as possible that an aircraft flown by the person receiving the instruction is flown in accordance with these Regulations.
[Am by GN 387 of 1963.]
22. Flying in simulated instrument flight conditions
(1) Within Zambia no aircraft shall be flown in simulated instrument flight conditions unless—
(a) the aircraft is equipped with dual controls which are functioning properly;
(b) a qualified pilot, being the holder of the appropriate pilot’s license and rating, is carried in the second control seat of the aircraft for the purpose of rendering such assistance as may be necessary to the person in command thereof; and
(c) if the field of vision of such qualified pilot is not adequate both forward and to each side of the aircraft, a competent observer is carried in a position in the aircraft from which his field of vision adequately supplements that of the said pilot and from which he can readily
communicate with the said pilot.
(2) When flying within Zambia in visual meterological conditions, no aircraft shall carry out instrument aerodrome approach practice in simulated instrument flight conditions unless—
(a) such approach practice is authorised by the appropriate air traffic control unit; and
(b) the provisions of sub-regulation (1) are complied with.
(3) For the purposes of this regulation, "simulated instrument flight conditions" means flight conditions where the field of vision of the person in command of the aircraft has been reduced by means of mechanical, optical or other devices.
[Am by GN 387 of 1963.]
When flying in visual meterological conditions it is the direct responsibility of the person in command of the aircraft to avoid collision with other aircraft notwithstanding that the flight is being conducted on an air traffic control clearance.
(1) In areas in which regulations for preventing collision at sea or on water are in force—
(a) an aircraft manoeuvring under its own power on the water shall comply with the said regulations and for this purpose shall be deemed to be a steam vessel:
Provided that the aircraft shall display only the lights specified in Part X and not those prescribed for steam vessels in the said regulations and shall not use, except as provided by paragraph (b), the sound signals specified in the said regulations nor shall those signals be observed;
(b) in fog, mist, snow or heavy rainstorm, an aircraft on the water shall make the following signals:
(i) if not anchored or moored, a sound, at intervals of not more than two minutes, consisting of two blasts each of approximately five seconds’ duration with an interval of approximately one second between them:
Provided that if the aircraft is not equipped for making such sound, it shall make some other efficient sound at intervals of not more than one minute;
(ii) if at anchor or moored, the rapid ringing of an efficient bell or gong for approximately five seconds, at intervals of not more than one minute.
(2) An aircraft in flight near or manoeuvring on the surface of the water shall, as far as possible, keep clear of and avoid impeding the navigation of all ships, boats, vessels and other craft which are used or capable of being used as a means of transportation on water.
In the event of the failure in an aircraft flying within Zambia of any light which is required to be displayed in flight, and if the light cannot be immediately repaired or replaced, such aircraft shall land as soon as it can safely do so, unless authorised by an air traffic service unit to continue its flight.
[Am by GN 387 of 1963.]
26. Night flights within controlled airspaces
Aircraft operating by night within controlled airspaces shall be flown in accordance with instrument flight rules or as otherwise authorised by the air traffic control unit.
27. Authority of person in command of an aircraft
The person in command of an aircraft shall be directly responsible for the operation of and the maintenance of discipline amongst all persons on board such aircraft.
28. Compliance with reporting procedures
Aircraft operating within a flight information region shall comply with the notified reporting procedures.
29. Locally registered aircraft equipped with radio apparatus
A locally registered aircraft which is undertaking a flight for which the carriage of radio apparatus is compulsory shall—
(a) maintain two-way radiocommunication with such radio stations as may be appropriate to the route along which it is flying; and
(b) make such reports as to its position, flight level, course, speed and other matters pertaining to the safety of air navigation, such as weather and icing conditions, as the circumstances may require.
The person in command of an aircraft flying within Zambia—
(a) in sight of the ground and following a line of landmarks, such as a road, railway, canal, river or electricity transmission lines, shall keep such line of landmarks—
(i) on his left-hand side at a distance of not less than 900 feet; or
(ii) on his right-hand side at a sufficient distance so as to avoid other aircraft which may be following the line in accordance with the provisions of sub-paragraph (1);
(b) and following a track indicated by a directional radio guide shall, as far as practicable, navigate the aircraft so as to keep the centre line of such guide on his left.
[Am by GN 387 of 1963.]
(1) The person in command of an aircraft making a flight for which a flight plan or a notification of flight has been submitted to the appropriate air traffic control or service unit, as the case may be, shall ensure that immediately upon landing a notification of his arrival is submitted for transmission to such unit:
Provided that if the aircraft has not entered or left Zambia on such flight the notification shall only be submitted if—
(i) it is required by such unit; or
(ii) a requirement that the notification should be submitted has been notified for the purposes of this sub-regulation.
(2) The person in command of an aircraft making a flight referred to in sub-regulation (1) who, prior to or during the flight, has submitted or caused to be submitted a notification of his intended arrival to the responsible aviation authority of the aerodrome of his destination and subsequently changes his destination or makes a detour or landing en route so that arrival at his destination will be appreciably delayed beyond the time notified shall, by the most rapid means at his disposal, make known or cause to be made known to that authority any such alteration.
[Am by GN 387 of 1963.]
32. Hazardous flight conditions
The person in command of an aircraft shall, as soon as possible, report to the appropriate air traffic service unit any hazardous flight conditions encountered by him in the course of a flight, with such details thereof as may be pertinent to the safety of other aircraft.
PART IV
VISUAL FLIGHT RULES
33. V.F.R. flight within a flight information region
An aircraft flying within a flight information region shall—
(a) below a height of 1,200 feet above ground level, remain in sight of ground or water in a flight visibility of at least five nautical miles and clear of cloud;
(b) above a height of 1,200 feet above ground level, remain at least one nautical mile horizontally and 1,000 feet vertically from cloud and in a flight visibility of at least five nautical miles.
34. V.F.R. flight within a controlled airspace
(1) An aircraft flying within a controlled airspace shall remain at least one nautical mile horizontally and 1,000 feet vertically from cloud and in a flight visibility of at least five nautical miles:
Provided that in control zones clearance may be granted by the appropriate air traffic control unit for special V.F.R. flight.
(2) For the purposes of this regulation, "special V.F.R. flight" means a flight within a control
zone carried out in instrument meteorological conditions or at night, which is subject to prior air traffic control clearance but not to full instrument flight rules.
35. Non-compliance with Part IV
An aircraft unable to comply with the provisions of this Part shall be flown in accordance with instrument flight rules.
PART V
INSTRUMENT FLIGHT RULES
The provisions of this Part shall be complied with by an aircraft in flight—
(a) when the aircraft is flying in instrument meteorological conditions;
(b) when the person in command of the aircraft has elected, in terms of regulation 10, to fly in accordance with instrument flight rules;
(c) when the aircraft is required, in terms of regulation 26, to fly in accordance with instrument flight rules.
37. I.F.R. flight within a flight information region
An aircraft flying above a notified height within a flight information region shall be flown at a flight level appropriate to its magnetic track as notified.
38. I.F.R. flight within a controlled airspace
(1) Unless a flight plan has been submitted in terms of paragraph (c) of regulation 8 and has not been cancelled, prior to entering a controlled airspace the person in command of the
aircraft shall submit or cause to be submitted to the appropriate air traffic control unit a flight
plan which shall, unless otherwise authorised by such control unit, contain particulars as notified.
(2) An aircraft flying within a controlled airspace shall be flown in accordance with the flight plan until—
(a) such flight plan is cancelled in terms of regulation 11; or
(b) otherwise directed by the appropriate air traffic control unit.
39. I.F.R. flight within a control area or control zone
(1) Unless an air traffic control clearance has been obtained in terms of paragraph (c) of regulation 8, prior to entering a control area or control zone the person in command of the aircraft shall obtain from the appropriate air traffic control unit an air traffic control clearance.
(2) An aircraft flying within a control area or control zone shall be flown in accordance with the air traffic control clearance and, where applicable, shall follow the notified instrument aerodrome approach procedure for the aerodromes to be used.
(3) No deviation shall be made from the requirements of the air traffic control clearance unless an emergency necessitating immediate action arises, in which case as soon as possible after such action is taken the person in command of the aircraft shall inform the appropriate air traffic control unit of the deviation and, if necessary, obtain an amended air traffic control clearance.
40. Qualifications for I.F.R. flight within a control area or control zone
In the case of an aircraft flying within a control area or control zone—
(a) the pilot in charge of such aircraft shall be qualified for flight under instrument flight rules in accordance with international standards for personnel licensing;
(b) if such aircraft is a flying machine, no person shall act as pilot-in-charge thereof unless there is included in the pilot’s license which he holds a valid instrument rating;
(c) if such aircraft is a locally registered aircraft, it shall be equipped with the prescribed instruments and with the notified radio apparatus which shall be operated by a person who is the holder of a license authorising him to operate such apparatus;
(d) if such aircraft is not a locally registered aircraft, it shall be equipped with the instruments, radio apparatus and radio navigation apparatus with which it is required, by the laws of the State in which such aircraft is registered, to be equipped.
The person in command of an aircraft flying within a control area or control zone shall be responsible for ensuring that—
(a) a continuous listening watch is maintained on the appropriate radio frequency; and
(b) the time and flight level of passing each reporting point, together with any other required information, are reported by radio as soon as possible to the appropriate air traffic control unit.
42. Failure of radiocommunications
In the event of inability to maintain two-way radiocommunication as required by regulation 41, the person in command of the aircraft shall—
(a) continue the flight to its destination if it is possible to do so by flying only in visual meteorological conditions; or
(b) follow the notified procedure.
PART VI
AERODROME FLIGHT RULES
(1) The provisions of this Part shall be complied with by aerodrome traffic operating on and in the vicinity of an aerodrome situated within Zambia.
(2) The Director may, where it appears to him to be necessary—
(a) make special rules applicable within the airspace up to 2,000 feet above the level of a particular aerodrome and within 9,000 feet of the aerodrome boundaries, or within such other height above or distance from a particular aerodrome as may be notified;
(b) exclude from such airspace certain classes of aircraft or any aircraft which cannot conform to such special rules;
(c) temporarily suspend, in respect of a particular aerodrome, the application of any or all of the provisions of this Part and shall cause such suspension to be notified and the signal described in sub-regulation (8) of regulation 53 to be displayed by day at such aerodrome.
[Am by GN 387 of 1963.]
44. Arrivals at and departures from an aerodrome
(1) The person in command of an aircraft shall, immediately on arrival at or prior to departure from an aerodrome having an air traffic control unit, ensure that such control unit is notified of the flight which he has just made or which he is about to undertake.
(2) The person in command of an aircraft about to undertake a flight by night shall ensure that such advance notice of the flight as may be required by the circumstances of the case is given to the appropriate air traffic control unit or units in order that the provisions of Part VIII may be complied with at the aerodromes to be used by the aircraft.
(3) At an aerodrome where there is an air traffic control unit, unless otherwise authorised by such control unit, two or more aeroplanes shall not land or take off in formation.
(4) An air traffic control unit may prohibit the departure of an aircraft on a flight which in its opinion could not be made without contravention of these Regulations.
(5) An air traffic control unit may, as regards arrivals and departures, give priority to aeroplanes operating in accordance with an air traffic control clearance over aeroplanes not so operating.
(1) Unless otherwise authorised by the air traffic control unit, an aeroplane flying less than 2,000 feet above an aerodrome level and within 9,000 feet of the aerodrome boundaries, or flying within such other height above or distance from a particular aerodrome as may be notified, shall—
(a) fly at least 1,000 feet below and clear of cloud, or as far below cloud as is consistent with sub-paragraph (ii) of paragraph (b); and
(b) except for the purpose of taking off from or landing at the aerodrome—
(i) Keep the manoeuvring area on its left or follow the procedure authorised by the air traffic control unit;
(ii) not fly at a height of less than 500 feet above the level of the manoeuvring area; and
(iii) not fly over the manoeuvring area.
(2) If an aeroplane having taken off from or being about to land at an aerodrome makes a circuit or partial circuit, the turning shall be made clear of the manoeuvring area and shall be left-handed, or shall be in conformity with the procedure authorised by the air traffic control unit.
(1) An aeroplane shall land at an aerodrome—
(a) by day, in the direction indicated by the landing T or, if no landing T is displayed, as nearly into wind as practicable;
(b) by night, in the direction indicated by the landing lights described in Part VIII.
(2) When a dumb-bell signal as shown in the Second Schedule is displayed at a land aerodrome, an aeroplane shall land upon a runway. Unless otherwise authorised by the air traffic control unit, an aeroplane shall not land upon a runway until such runway is clear of other traffic.
(3) At an aerodrome where landings are not confined to a runway—
(a) an aeroplane when landing shall leave clear on its left any aeroplane which has already landed, is already landing or is about to take off and if, after landing, it requires to turn, it shall turn to the left after making sure that such action will not conflict with other traffic movements;
(b) when the landing strip in use is lighted by the method described in paragraph (b) of regulation 58, an aeroplane shall land parallel to the shaft of the T and, except in emergency, with the shaft of the T on its left;
Provided that where, on the cross-arm of the T, a light is displayed on one side of the shaft only landings shall be made on that side.
(4) Before landing at an aerodrome having an air traffic control unit, an aeroplane which is unable to communicate by radio with such control unit shall, unless otherwise authorised by such control unit, make a circuit or partial circuit of the aerodrome for the purpose of observing the traffic and reading such ground marks and signals as may be displayed in terms of Part VII.
(5) Where in exceptional circumstances by day it is necessary for the safety of an aeroplane that it should land in a direction other than that indicated by the landing T, such aeroplane shall not land in such other direction until authorised by the air traffic control unit.
(6) When an H signal as shown in Part I of the Third Schedule is displayed at a land aerodrome, a helicopter shall, unless otherwise authorised by the air traffic control unit, land in the area marked by a ground signal as shown in Part II of the Third Schedule.
(1) At any aerodrome—
(a) the firing of a red pyrotechnical light or the display of a red flare from the ground or a continuous red luminous beam directed at an aeroplane in flight shall, notwithstanding any previous authorisation to land, constitute an instruction to such aeroplane that its landing is temporarily prohibited:
Provided that by day the red pyrotechnical light or red flare shall normally be used in preference to the red luminous beam when, in emergency, it is necessary to prohibit the landing of an aeroplane which is about to land and which is at a height of less than 300 feet above the level of the landing area;
(b) an intermittent red luminous beam directed at an aeroplane in flight shall constitute an instruction to such aeroplane that it should make a landing elsewhere;
(c) a continuous green luminous beam directed at an aeroplane in flight shall constitute an authorisation to such aeroplane to land;
(d) an intermittent green luminous beam directed at an aeroplane in flight shall constitute an instruction to such aeroplane that it shall return to the aerodrome and await the signal for authorisation to land.
(2) Except in emergency, an aeroplane wishing to land—
(a) by night at an aerodrome notified as having an air traffic control unit at night; or
(b) by day in a direction other than that indicated by the landing T, unless otherwise agreed beforehand with the air traffic control unit;
shall, before landing, request authorisation to do so either by radiotelephony or by means of a green visual signal made by using a lamp or projector, but not by using its navigation lights. Exceptionally, in the event of an aeroplane being unable to request authorisation by either of the above methods, it shall fire a green pyrotechnical light.
(3) The reply to a signal made in terms of sub-regulation (2) shall be given from the air traffic control unit to the aeroplane either by radiotelephony or by visual signal:
Provided that, when authorisation to land has been requested by visual signal, the reply shall always be given by visual signal.
(4) When the reply is given by visual signal, such signal shall be a continuous luminous beam directed at the aeroplane, and the colour of such beam shall be—
(a) green, if authorisation to land is granted; and
(b) red, if authorisation to land is refused.
(5) By night an aeroplane which has received authorisation to land by visual signal shall acknowledge such signal by displaying until it lands a steady white light directed downwards.
(6) When from an aeroplane wishing to land without being compelled to do so there is seen by night either of the visual signals described in sub-regulation (1) of regulation 80 indicating that another aircraft is compelled to land, the aeroplane shall not attempt to land, notwithstanding that it may already have been authorised to do so, until it has received a fresh authorisation.
(1) An aeroplane when taking off from an aerodrome shall normally do so in the direction indicated for landings. At an aerodrome where by day a black ball signal is displayed on a mast, the direction in which take-off is to be made shall be agreed with the air traffic control unit.
(2) When a dumb-bell signal as shown in the Second Schedule is displayed at a land aerodrome an aeroplane shall, unless otherwise authorised by the air traffic control unit, take off upon a runway.
(3) At an aerodrome where landings and take-offs are not confined to a runway, an aeroplane about to take off shall leave clear on its left any aeroplane which is already taking off or has just taken off.
(4) At an aerodrome notified as having an air traffic control unit, no aeroplane shall take off unit it has been authorised by such control unit to do so.
(5) When an H signal as shown in Part I of the Third Schedule is displayed at a land aerodrome, a helicopter shall, unless otherwise authorised by the air traffic control unit, take off from the area marked by a ground signal as shown in Part II of the Third Schedule.
(1) The application of the provisions of this regulation to aeroplanes and water craft manoeuvring under their own power on the water shall be subject to the provisions of regulation 24.
(2) On the manoeuvring area of an aerodrome—
(a) aeroplanes which are landing or taking off shall be given free way by other aeroplanes and by vehicles or water craft;
(b) an aeroplane after landing shall move clear of the landing strip in use as soon as it is possible to do so;
(c) a vehicle or water craft which is towing an aeroplane shall be given free way by other vehicles and water craft and by aeroplanes which are not landing or taking off;
(d) an aeroplane shall be given free way by a vehicle or water craft which is not towing an aeroplane;
(e) an aeroplane, vehicle or water craft which is obliged by the provisions of this sub-regulation to give free way to another shall, if necessary in the circumstances in order to do so, reduce its speed or stop.
(3) If on the manoeuvring area of an aerodrome danger of collision exists between an aeroplane, vehicle or water craft and another aeroplane, vehicle or water craft, then—
(a) if the two are approaching head-on or approximately so, each shall alter its course to the right;
(b) subject to the provisions of sub-regulation (2), if the two are on converging courses, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it;
(c) if the aeroplane or vehicle is overtaking another aeroplane or vehicle, the one which is overtaking shall keep out of the way of the other by altering its course to the left, and no subsequent change in the relative positions of the two shall release the one which is overtaking from this obligation until it has passed and is entirely clear of the other.
(4) A vehicle moving along a runway or taxi-way shall as far as practicable keep to the right- hand side of such runway or taxi-way.
(5) At a land aerodrome no vehicle shall have access to the manoeuvring area except as may be permitted by the responsible aviation authority at the aerodrome.
(6) When an aeroplane is being towed, the person in charge of the towing vehicle or water craft shall be responsible for compliance with the provisions of this regulation.
(7) At a land aerodrome notified as having an air traffic control unit, the movements of aeroplanes and vehicles on the manoeuvring area shall be subject to control by such control unit and no aeroplane or vehicle shall proceed on to the manoeuvring area, and, in the case where a runway is in use, on to that runway, until it has been authorised by such control unit to do so.
(1) Aerodrome traffic shall be controlled by an air traffic control unit either by the use of radiotelephony or by the use of any of the following visual signals directed at the aeroplane or vehicle to which the instruction or authorisation is to be given:
(a) an intermittent green luminous beam to—
(i) instruct an aeroplane in flight to return to the aerodrome and await the signal for authorisation to land; or
(ii) authorise an aeroplane or vehicle on the manoeuvring area to carry out a movement, other than taking off;
(b) a continuous green luminous beam to authorise an aeroplane to land or take off;
(c) an intermittent red luminous beam to—
(i) instruct an aeroplane in flight to land elsewhere; or
(ii) instruct an aeroplane or vehicle which has moved on to the landing strip in use to move clear of such landing strip immediately;
(d) subject to the proviso to paragraph (a) of sub-regulation (1) of regulation 47, a continuous red luminous beam to instruct an aeroplane or vehicle that landing, taking off or any movement on the manoeuvring area is temporarily prohibited;
(e) an intermittent white luminous beam, preceded when necessary by a continuous red luminous beam, to instruct an aeroplane or vehicle which has moved on to the manoeuvring area to return to the place from which it started.
(2) By day to indicate to aircraft on the manoeuvring area that aerodrome traffic is subject to control by means of the movement signals described in sub-regulation (1), the signal described in sub-regulation (7) of regulation 53 shall be displayed at or near the position of the air traffic control unit so as to be clearly visible to such aircraft.
PART VII
GROUND MARKS AND SIGNALS BY DAY AT AERODROMES
(1) The provisions of this Part shall be complied with by day at a land aerodrome which is a licensed aerodrome or a Government aerodrome notified as available for use by civil aircraft.
(2) The Director may, where it appears to him to be necessary, suspend in respect of a particular aerodrome the application of any or all of the provisions of this Part and shall cause such suspension to be notified.
52. Ground marks and signals at all aerodromes in use
(1) The provisions of this regulation shall be complied with whenever aircraft are making or may be expected to make use of the aerodrome.
(2) The direction of the surface wind shall be clearly indicated by a wind sleeve. Any other method of wind indication may be used in addition.
(3) The manoeuvring area shall as far as possible be kept free from obstructions. Any
obstruction on the manoeuvring area shall be indicated by aerodrome markings clearly visible to aircraft, whether on the manoeuvring area or in flight.
(4) Any area set apart as a parking area shall be situated so as to be clear of the landing strip in use and so as not to interfere with the normal movements of aircraft manoeuvring on the ground.
(5) At an aerodrome where the manoeuvring area is not confined to runways and taxi-ways—
(a) the boundaries of the landing area shall be indicated by boundary markers as shown in the Fourth Schedule so as to be clearly visible to aircraft, whether on the manoeuvring area or in flight;
(b) if part of the manoeuvring area becomes unfit for use, such part shall be delimited by—
(i) markings or flags; and
(ii) warning crosses as shown in the Fifth Schedule;
so that such delimitation is clearly visible to aircraft, whether on the manoeuvring area or in flight.
(6) At an aerodrome which has one or more runways there shall be displayed at each extremity of a runway which becomes unfit for use a warning cross as shown in the Fifth Schedule so as to be clearly visible to aircraft, whether on the manoeuvring area or in flight.
(7) When aeroplanes are required to land and take off on a runway—
(a) there shall be displayed horizontally in the signal area a dumb-bell signal as shown in
Part I of the Second Schedule;
(b) if the manoeuvring area is not confined to runways and taxi-ways, there may be displayed in the signal area, in place of the signal referred to in paragraph (a), a dumb-bell signal as shown in Part II of the Second Schedule.
(8) At an aerodrome which is open for use by aeroplanes and helicopters, when an area is set aside for the take-off and landing of helicopters—
(a) an H signal as shown in Part I of the Third Schedule shall be displayed in the signal area;
(b) the centre of such area shall be marked by a ground signal as shown in Part II of the Third Schedule; and
(c) if such area forms part of the landing area for aeroplanes, its boundaries, unless otherwise clearly defined, shall be indicated by boundary markers as shown in the Fourth Schedule so as to be clearly visible to aircraft, whether on the manoeuvring area or in flight.
(9) Whenever any of the provisions of this regulation cannot be complied with, the signal to prohibit all landings referred to in sub-regulation (10) of regulation 53 shall be displayed.
53. Ground marks and signals at aerodromes having an air traffic control unit
(1) The Director may establish an air traffic control unit at any aerodrome where in his opinion such a course is necessary. He may apply to such aerodrome any or all of the provisions of this regulation which shall be complied with to such extent as they are so applied.
(2) A landing T shall be displayed in the signal area.
(3) Subject to the provisions of sub-regulations (4) and (5), every landing T shall be placed so as to indicate the direction in which aircraft shall land and take off in order to take advantage of the most favourable conditions available at the time for these manoeuvres. The shaft of the T shall be set parallel to the direction in which aircraft are to land or take off and the end of the shaft at which the cross-arm is set shall indicate the direction in which such landing or take-off is to be made. When a runway is to be used for landings and take-offs, the shaft of the T shall be set parallel to such runway.
(4) Where the natural conditions do not permit landings and take-offs to be made in the same direction, the landing T shall indicate the direction for landing, and there shall be displayed—
(a) on a mast, so as to be clearly visible to aircraft on the manoeuvring area, a black ball two feet in diameter; and
(b) alongside the cross-arm of the landing T and in line with the shaft thereof, a disc two feet in diameter and of the same colour as the landing T;
to indicate to aircraft that the directions of landing and take-off do not coincide.
(5) In circumstances liable to be prolonged when a single direction of landing and take-off is not suitable for all types of aircraft using the aerodrome—
(a) the ground marks and signals referred to in sub-regulations (4) and (11) shall be displayed; and
(b) a landing or take-off in a direction other than that indicated by the landing T shall be authorised by the air traffic control unit.
(6) To indicate to aircraft on the manoeuvring area the direction in which aircraft are to take off, one or more sets of two figures, denoting the magnetic direction of the take-off in units of 10 degrees to the nearest 10 degrees, may be displayed vertically at or near the position of the air traffic control unit so as to be clearly visible to such aircraft.
(7) To indicate to aircraft on the manoeuvring area that aerodrome traffic is subject to control by means of the movement signals described in sub-regulation (1) of regulation 50, a rectangular flag or vertical board having 12 equal squares arranged in sets of four squares horizontally and three vertically, and coloured red and yellow alternately, shall be displayed at or near the position of the air traffic control unit so as to be clearly visible to such aircraft.
(8) When the Director, in terms of paragraph (c) of sub-regulation (2) of regulation 43, temporarily suspends, in respect of a particular aerodrome, the application of any or all of the provisions of Part VI there shall be displayed horizontally in the signal area of such aerodrome a red square panel not less than 10 feet square.
(9) If—
(a) during any suspension in terms of paragraph (c) of sub-regulation (2) of regulation 43, it is also provided that; or
(b) without any such suspension, the air traffic control unit requires that;
an aircraft flying within the aerodrome traffic circuit is to keep the manoeuvring area on its right and that the circuit or partial circuit is to be right-handed, the signal area shall, along each of two adjacent sides, be bordered by a rectangular panel, not less than three feet wide, and at the extremity of one of the rectangular panels there shall be displayed, in such a manner as to indicate a right-hand circuit, an equilateral triangle. Such panels and triangle shall be coloured with red and yellow bands.
(10) When special circumstances necessitate a prolonged prohibition of landing there shall be displayed horizontally in the signal area a red square panel, not less than 10 feet square, with two yellow strips, not less than 20 inches wide, arranged diagonally across such panel in the form of an X.
(11) When the observance of special precautions in approaching to land or landing is required there shall be displayed horizontally in the signal area a red square panel, not less than 10 feet square, with one yellow strip, not less than 20 inches wide, arranged diagonally across such panel.
(12) When landings by means of a radio guide are taking or about to take place there may be displayed on a mast, so as to be clearly visible to aircraft on the manoeuvring area, a yellow triangular equilateral pyramid, with each side not less than six feet.
(13) At an aerodrome situated within a control zone, when conditions of cloud or visibility are such that flights to and from such aerodrome cannot be made under visual flight rules except with the consent of the air traffic control unit, a flashing amber light may be displayed at or near the position of the air traffic control unit.
(14) There shall be displayed vertically, so as to be clearly visible to aircraft on the manoeuvring area which have landed or are about to depart, in a position at or near the air traffic control unit referred to in sub-regulation (1) of regulation 44, the letter C in black against a yellow background.
54. Ground marks and signals at aerodromes where glider flights are in progress
(1) The provisions of this regulation shall be complied with when gliders are making use of or may be expected to make use of the aerodrome.
(2) Unless otherwise authorised by the Director, an area within the aerodrome shall be set
apart for the dropping of tow ropes and shall be situated so as to be clear of all obstructions and of the landing strip in use by a distance of not less than 500 feet measured outwards from the boundaries of such area and so as to lie, when viewed in the direction of landing, on the right- hand side of the aerodrome. Such area shall be—
(a) rectangular in shape, having sides of not less than 600 feet and 300 feet respectively; and
(b) so orientated that the longer side lies parallel to the direction in which landings and take-offs are to be made.
(3) The centre of the area set apart in terms of sub-regulation (2) for the dropping of tow ropes shall be marked by a yellow cross displayed horizontally and clearly visible to aircraft in flight.
(4) At an aerodrome open to use by aeroplanes there shall be displayed—
(a) on a mast, so as to be clearly visible to aircraft on the manoeuvring area, two red balls, one above the other and separated by a distance equal to their diameter; and
(b) horizontally in the signal area a double cross as shown in the Sixth Schedule.
PART VIII
NIGHT LIGHTING AT AERODROMES
(1) The provisions of this Part shall be complied with by night at any aerodrome which is a licensed aerodrome or a Government aerodrome notified as available for use by civil aircraft whenever aircraft are making use of or may be expected to make use of such aerodrome by night:
Provided that at a water aerodrome the provisions of this Part shall be complied with only in so far as compliance therewith is practicable in the circumstances.
(2) The Director may, where it appears to him to be necessary, suspend in respect of a particular aerodrome, the application of any or all of the provisions of this Part and shall cause such suspension to be notified.
(1) Subject to the provisions of sub-regulation (2), steady red lights shall be displayed on all obstructions—
(a) within the manoeuvring area;
(b) within the approach way; and
(c) in the vicinity of the aerodrome which, in the opinion of the Director, constitute a danger to aircraft in flight.
(2) Flashing red lights may be displayed to mark particularly dangerous or extensive obstructions.
57. Lighting for landings and take-offs
The landing strip or, where landings and take-offs are made on parallel runways, the landing strips which afford the most favourable conditions for the landing or take-off of an aeroplane at the time of using the aerodrome, having regard to the strength and direction of the wind and all other relevant circumstances, shall be lighted by steady lights in the manner described in regulation 58 or 59 as may be appropriate and no other part of the manoeuvring area shall be so lighted at the same time, except for such lights as may be necessary for guiding aeroplanes manoeuvring on the ground.
58. Lighting at non-runway aerodromes
At an aerodrome where a runway is not being used for landing or take-off the landing strip in use shall be lighted by one of the following methods:
(a) by floodlights, with white boundary lights spaced 300 feet apart along the boundary of the aerodrome;
(b) by fixed lights in the form of a T, in which case—
(i) the shaft of the T shall be not less than 1,500 feet in length and shall be composed of at least six lights spaced not more than 300 feet apart along a line parallel to the axis of the landing strip;
(ii) the cross-arm of the T shall be composed of three lights and shall be formed by displaying a light on either side of the light at the head of the shaft:
Provided that, if an area on one side of the shaft becomes obstructed, the light required to be displayed on that side so as to form the cross-arm shall not be displayed;
(iii) the light at the foot of the T shall indicate the point where aircraft should touchdown and the cross-arm shall indicate where the run should be completed;
(iv) the colour of the lights shall be white with white boundary lights spaced 300 feet apart along the boundary of the aerodrome;
(c) by two lines of fixed lights, in which case—
(i) each line shall extend the full available length of and parallel to the axis of the landing strip and shall be composed of at least six lights spaced not more than 300 feet apart;
(ii) the distance between the lines shall be not more than 400 feet and not less than 150 feet;
(iii) the lights in one line shall be arranged in pairs with those in the opposite line, each pair being at right angles to the axis of the landing strip;
(iv) the colour of the lights shall be—
A. white throughout the full length of the lines; or
B. in the direction of take-off and landing, white for the first two-thirds and yellow for the remaining one-third of the length of the lines.
59. Lighting at runway aerodromes
At an aerodrome where a runway is being used for landing or take-off—
(a) such runway shall be lighted along its edges by two lines of fixed lights, in which case—
(i) each line shall extend the full length of the runway and shall be composed of at least six lights spaced not more than 300 feet apart;
(ii) the lights in one line shall be arranged in pairs with those in the opposite line, each pair being at right angles to the axis of the runway:
Provided that, in the case of a runway exceeding 150 feet in width, the lights may be inset in lines parallel to the edges of such runway;
(b) the approach end of such runway may be indicated by angle of approach lights or runway threshold lights.
On request from the person in command of an aeroplane a floodlight, if available, may be used to supplement the lighting of the landing strip or runway in use.
61. Lighting at aerodromes where glider flights are in progress
(1) At an aerodrome where glider operations are to take place and where a runway is not being used for the landing of gliders—
(a) the landing strip in use shall be lighted by the method described in paragraph (b) of regulation 58; and
(b) a double cross as shown in the Sixth Schedule shall be illuminated and displayed at the approach end and, when viewed in the direction of landing, on the left-hand side of the zone reserved for the landing of gliders.
(2) At an aerodrome where glider operations are to take place and a runway is being used for the landing of gliders—
(a) the edges of each runway shall be lighted by the method described in regulation 59; and
(b) a double cross as shown in the Sixth Schedule shall be illuminated and displayed at the approach end and, when viewed in the direction of landing, on the left-hand side of such runway.
(1) The landing T shall be illuminated with fixed white lights and shall be orientated so as to indicate the direction of landing.
(2) At an aerodrome where the method of lighting described in paragraph (c) of regulation 58 or in regulation 59 is in use, the landing T shall be placed at the approach extremity and, when viewed in the direction of landing, on the left-hand side of the line of lights.
(3) At an aerodrome open to use by aeroplanes and where glider flights are in progress, a double cross as shown in the Sixth Schedule shall be illuminated with fixed white lights and shall be displayed at the approach end and, when viewed in the direction of landing, on the left-hand side of the runway or of the zone reserved for the landing of gliders, as the case may be.
(4) The centre of the area set apart in terms of sub-regulation (2) of regulation 54 for the dropping of tow ropes shall be marked by three red or white lights arranged in the form of an equilateral triangle.
The approach way shall be marked by—
(a) an approved system of lighting; or
(b) an angle of approach light placed beside and not less than 100 yards from the approach extremity of the landing strip in use which, when viewed in the direction of landing, is on the left-hand side of such landing strip. A second angle of approach light may be placed opposite the first on the right-hand side of the landing strip.
64. Taxi-way and manoeuvring area lighting
(1) Taxi-ways in use shall be lighted by means of fixed lights spaced—
(a) along the edges of such taxi-ways, in which case the colour of such lights shall be-
(i) blue along both edges of the taxi-way; or
(ii) blue along one edge of the taxi-way and yellow along the other; or
(b) down the centre of such taxi-ways, in which case the colour of such lights shall be green.
(2) At an aerodrome where the manoeuvring area is not confined to runways and taxi-ways—
(a) paths for guiding aircraft manoeuvring on the ground to or from the landing strip in use shall be marked by either of the methods referred to in sub-regulation (1); or
(b) white lights shall be used to mark the boundary of the manoeuvring area:
Provided that, where there is an obstruction or obstructions on such boundary, the lights marking the obstruction or obstructions, as the case may be, may serve to mark that particular part or parts of such boundary.
An identification beacon, if provided, shall be located on an approved position on the aerodrome and shall flash in a green light in morse code the two letters which have been notified as the letters for that particular aerodrome.
PART IX
GLIDER FLIGHT RULES
(1) The provisions of this Part shall be complied with by gliders and by aircraft or vehicles towing gliders on and in the vicinity of an aerodrome which is a licensed aerodrome or a Government aerodrome notified as available for use by civil aircraft.
(2) The Director may, where it appears to him to be necessary, suspend in respect of a particular aerodrome, the application of any or all of the provisions of this Part and shall cause such suspension to be notified.
(3) For the purposes of this Part, when a glider is being towed by an aeroplane or by a vehicle, the combination shall be regarded as a single aircraft or vehicle and the person in command of the aeroplane or vehicle towing shall be the person in charge of the tow and responsible for compliance with these Regulations. When there is more than one aeroplane or vehicle engaged in towing, the person in charge of one of such aeroplanes or vehicles shall, by arrangement with the person or persons in charge of the other aeroplane or vehicle, or the other aeroplanes or vehicles so engaged, be designated as the person in charge of the tow and shall be responsible for compliance with these Regulations and the person or persons in charge of the other towing aeroplane or vehicle, or aeroplanes or vehicles, shall conform to the movements and instructions of the persons in charge of the tow.
67. Permission to use certain aerodromes necessary
Except in emergency, a glider shall not be manoeuvred, towed into flight or land at an aerodrome used by other classes of aircraft without the permission of the air traffic control unit or, in the absence of such control unit, of the person in charge of the aerodrome and, if any conditions considered necessary for the safety of aerodrome traffic have been made in granting such permission, without complying with such conditions.
(1) When one or more gliders is or are about to be towed into flight by an aeroplane, there shall be appointed by arrangement between the persons in command of the aircraft concerned a suitable person to take charge of the operation as a whole, who shall decide suitable signals and station other persons in suitable positions so that he and the persons in command of all the aircraft concerned shall be in effective communication with each other during the preparations for and the initial stages of the take-off.
(2) Unless otherwise specially authorised in writing by the Director, the length of tow measured from the rearmost part of the towing aircraft to the most forward part of the glider, or of the rearmost glider if more than one, which it is towing shall not exceed 1,000 feet.
(3) The rope by which a glider is being towed in or into flight shall normally be released at the point of attachment to the glider by the person in command of the glider, but provision shall also be made for the release of the rope in emergency by the person in charge of the towing aircraft at the point of attachment of the rope to the towing aircraft.
(4) Save in emergency, the person in command of a glider which is being towed by an aeroplane shall not release the tow rope without the knowledge and consent of the person in charge of the tow.
(5) Save in emergency, a glider which is being towed by an aeroplane in the vicinity of an aerodrome having an air traffic control unit shall not, except with the consent of such control unit, be released for the purpose of landing on that aerodrome unless it is in such a position and at such a height as will enable it to land on that aerodrome in the place appointed for the purpose by manoeuvring in conformity with the provisions of Part VI.
Unless otherwise authorised by the air traffic control unit or, in the absence of such control unit, by the person in charge of the aerodrome, an aeroplane which has been towing a glider or gliders, as the case may be, shall drop any tow rope which it has used—
(a) in the area set apart in terms of sub-regulation (2) of regulation 54 for the dropping of tow ropes and marked in terms of sub-regulation (3) of regulation 54 or sub-regulation (4) of regulation 62; and
(b) when flying in the direction in which landings and take-offs are to be made and at a height above ground level of not less than two-thirds of the length of the tow rope.
70. Glider landing and take-off rules
(1) By day at an aerodrome where a runway is being used, subject to instructions from the air traffic control unit or, in the absence of such control unit, from the person in charge of the aerodrome-
(a) an aeroplane when taking off with a glider in tow or when landing shall use the appropriate runway for such take-off and landing;
(b) a glider shall land upon the runway or the adjoining grass area;
(c) glider manoeuvring on the landing area may be made upon the runway or the adjoining grass area.
(2) By night at an aerodrome where a runway is not being used and the landing strip in use is lighted by the method described in paragraph (b) of regulation 58, subject to the instructions from the air traffic control unit or, in the absence of such control unit, from the person in charge of the aerodrome—
(a) an aeroplane when taking off with a glider in tow or when landing shall take off and land parallel to the shaft of the T and, except in emergency, with the shaft of the T on its left;
(b) a glider shall land parallel to the shaft of the T and, except in emergency, with the shaft of the T on its right.
(3) By night when a glider is being towed by an aeroplane in the vicinity of an aerodrome, the visual signal to request authorisation for the glider to land may be sent either by the aeroplane or by the glider. Such signal shall be composed of—
(a) the last three letters or figures, as the case may be, of the registration mark of the aeroplane, followed by the letter G; or
(b) the letter G.
(4) The visual signal authorising the glider to land shall consist of a repetition of the signal sent in terms of sub-regulation (3).
PART X
LIGHTS AND OTHER OBJECTS TO BE DISPLAYED BY AIRCRAFT
(1) The provisions of this Part shall be complied with by aircraft within Zambia:
Provided that an aircraft registered elsewhere than in Zambia may display, in place of the lights or objects required by this Part, the lights or objects specified in the relevant International Standards published by the International Civil Aviation Organisation for the time being in force.
(2) A locally registered aircraft shall, when it is within a territory other than Zambia, show the lights or objects which it would be required to show if it was within Zambia, unless the law of such territory otherwise provides.
(3) Nothing in this regulation shall interfere with—
(a) the operation of any special rules made by any State with respect to additional signal or station lights for military aircraft, aircraft exclusively employed in the service of the State or aircraft in group formation; or
(b) the exhibition of recognition signals adopted by owners of aircraft which have been authorised by their respective governments and duly published.
72. Interpretation of terms in Part X
(1) For the purposes of this Part, unless the context otherwise requires—
(a) an aircraft shall be deemed to be "on the surface of the water" when any part of the aircraft is in contact with the water;
(b) an aircraft in flight or on the surface of the water shall be deemed to be "under way" when it is not moored to the ground or to any fixed object on the land or in the water;
(c) an aircraft under way in flight or on the surface of the water shall be deemed to be
“making way” when it has a velocity relative to the air or water respectively;
(d) an aircraft shall be deemed not to be "under command" when it is unable to execute a manoeuvre required in respect of it by these Regulations or by any regulations for preventing collisions at sea or on water;
(e) "visible", in relation to lights, means visible on a dark night with a clear atmosphere;
(f) "plane of symmetry" , in relation to an aircraft, means the plane of symmetry passing through the longitudinal axis of the aircraft;
(g) the angular limits for lights laid down shall be determined when the aircraft is in its normal attitude for flying on a rectilinear horizontal course.
(2) Where, owing to difficulty in producing lamps to meet the requirements of this Part, an overlap of sector lights is unavoidable, the overlap shall be kept as small as possible. There shall be no sector in which no light is visible.
[Am by GN 387 of 1963.]
73. Flying machines on land or in flight
(1) By night a flying machine in flight or on the manoeuvring area of a land aerodrome shall, unless within a suitably marked or lighted parking or marshalling area, display the following lights:
(a) an unobstructed green light having an intensity of at least 5 candles showing to the starboard side through an angle of 110 degrees from dead ahead in its horizontal plane;
(b) an unobstructed red light having an intensity of at least 5 candles showing to the port side through an angle of 110 degrees from dead ahead in its horizontal plane; and
(c) an unobstructed white light having an intensity of at least 5 candles showing astern through angles of 70 degrees from dead astern to each side in its horizontal plane.
(2) The lights required by sub-regulation (1) shall either all be steady lights or all be flashing lights flashing together:
Provided that after the 1st January, 1958, they shall all be flashing lights if the flying machine has a maximum total weight exceeding 12,500 lb. authorised in its certificate of airworthiness.
(3) If the lights required by sub-regulation (1) are flashing lights, the flying machine shall also display an unobstructed white light having an intensity of at least 20 candles, showing in all directions so far as is reasonably practicable and flashing alternately with the said lights required by sub-regulation (1).
(4) If the lamp giving either the green or the red light is fitted more than 6 feet from the wing tip, a lamp may be fitted at the extremity of the wing tip to indicate its position, giving a steady light of the same colour and showing through the same angle, so far as is reasonably practicable.
(5) Whereby this regulation a light is required to show through a specified angle or specified angles in the horizontal plane, the lamp or lamps giving such light shall be so constructed that the light is visible through angles of 90 degrees above and below the horizontal plane but, so far as is reasonably practicable, through no greater angles.
74. Flying machines on the water
(1) By night a flying machine under way on the surface of the water shall display lights as follows:
(a) if it is under command and is not being towed, it shall display—
(i) steady lights as specified in sub-regulation (1) of regulation 73; and
(ii) forward, a steady white light fixed so as to show forward an unbroken light, having an intensity of at least 7 candles, through a dihedral angle of 220 degrees formed by two vertical planes and bisected by the plane of symmetry of the aircraft;
(b) if it is being towed, it shall display steady lights as specified in sub-regulation (1) of regulation 73;
(c) if it is not under command, it shall display two steady red lights placed where they can best be seen, one vertically above the other and not less than 3 feet apart, with both having an intensity of at least 5 candles, and it shall also display—
(i) if it is making way, steady lights as specified in sub-regulation (1) of regulation 73;
(ii) if it is not making way, a steady light as specified in paragraph (c) of sub-regulation (1) of regulation 73;
(d) if it is towing another aircraft, it shall display—
(i) steady lights as specified in sub-regulation (1) of regulation 73; and
(ii) forward, two steady white lights placed where they can best be seen, one vertically above the other and not less than 6 feet apart, with both having an intensity of at least 7 candles and showing through a dihedral angle of 220 degrees formed by two vertical planes and bisected by the plane of symmetry of the aircraft.
(2) By night a flying machine at anchor or moored on the surface of the water shall display lights as follows:
(a) in every case, it shall display forward centrally where it can best be seen a steady white light having an intensity of at least 5 candles:
Provided that, where the length of the flying machine is 150 feet or more, such light shall have an intensity of at least 7 candles; and
(b) where the length of the flying machine is 150 feet or more, it shall display at or near its stern, at a lower height than the forward light specified in paragraph (a), a steady white light having an intensity of at least 7 candles; and
(c) where the maximum lateral dimension of the flying machine is 150 feet or more, it shall display on each side and placed in such a manner as to demarcate the maximum lateral dimension of the flying machine, a steady white light having an intensity of at least one candle.
(3) By day a flying machine under way on the surface of the water and not under command shall display where they can best be seen two black balls or discs, each not less than 2 feet in diameter spaced vertically one above the other and not less than 3 feet apart.
75. Towing vehicles and aircraft under tow
A vehicle engaged in towing aircraft and an aircraft under tow on the manoeuvring area of a land aerodrome shall display such lights as may be notified.
By night a glider in flight or on the manoeuvring area of a land aerodrome shall, unless within a suitably marked or lighted parking or marshalling area, display—
(a) a red light visible so far as practicable in all directions; or
(b) lights as specified in regulation 73.
By night a free balloon shall display a red light placed not less than 15 nor more than 30 feet below the basket and visible so far as practicable in all directions at a distance of not less than two and a half nautical miles.
(1) Subject to the provisions of sub-regulation (2), by night an airship when under way shall display the following lights:
(a) forward, a white light fixed so as to show forward an unbroken light visible at a distance of at least 5 nautical miles, through a dihedral angle of 220 degrees formed by two vertical planes and bisected by the plane of symmetry of the aircraft;
(b) on the starboard side, a green light fixed so as to show an unbroken light visible at a distance of at least 5 nautical miles, through a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry of the aircraft and directed dead ahead, and the other is directed to the right;
(c) on the port side, a red light fixed so as to show an un-broken light visible at a distance of at least 5 nautical miles, through a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry of the aircraft and directed dead ahead, and the other is directed to the left; and
(d) at the rear, a white light fixed so as to show astern an unbroken light visible at a distance of at least 3 nautical miles, through a dihedral angle of 140 degrees formed by two vertical planes and bisected by the plane of symmetry of the aircraft.
Where in order to comply with the provisions of this sub-regulation a single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.
(2) By night an airship which—
(a) is under way and not under command; or
(b) has voluntarily stopped its engines; or
(c) is being towed;
shall display—
(i) lights as specified in paragraphs (a) and (d) of sub-regulation (1);
(ii) below the airship, two red lights placed vertically one below the other 12 feet apart, the upper light being 25 feet below the control car, and both being visible, so far as practicable, in all directions at a distance of not less than two and a half nautical miles; and
(iii) if the airship is making way but not otherwise, lights as specified in paragraphs (b) and
(c) of sub-regulation (1).
(3) By day an airship in the circumstances mentioned in sub-regulation (2) shall display two black balls or discs each at least two feet in diameter, placed vertically one below the other 12 feet apart, the upper one being 25 feet below the control car and both being visible, so far as practicable, in all directions. Where necessary, in order to comply with this provision, the said two black balls or discs may be duplicated.
PART XI
INTERNATIONAL SIGNALS OF DISTRESS
(1) Nothing in this regulation shall prevent the use by an aircraft in distress of any means at its disposal to attract attention, make known its position and obtain help.
(2) When an aircraft is threatened by grave and imminent danger and requests immediate assistance, before the sending of a message, the following signals shall be used or displayed, either together or separately:
(a) by visual signalling—
(i) the signal S.O.S. in morse code with signalling apparatus;
(ii) a succession of pyrotechnical lights fired at short intervals each showing a single red light;
(iii) the two-flag signal corresponding to the letters NC of the International Code of Signals;
(iv) the distant signal, consisting of a square flag having either above or below it a ball or anything resembling a ball:
(b) by sound signalling—
(i) the signal S.O.S. in morse code with any sound apparatus;
(ii) a continuous sounding with any sound apparatus.
(1) When an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance, before the sending of a message, the following visual signals shall be used, either together or separately:
(a) by day, a succession of white pyrotechnical lights;
(b) by night, a succession of white pyrotechnical lights or a repeated switching on and off of the lights displayed by aircraft in such a manner as to be clearly distinguishable from the flashing lights described in sub-regulations (2) and (3) of regulation 73.
(2) When an aircraft has a very urgent message to transmit concerning the safety of the aircraft or of any person on board or within range of assistance of such aircraft or the safety of another aircraft or of any ship or vehicle, before the sending of the message, the following visual signals shall be used, either together or separately:
(a) a succession of green pyrotechnical lights;
(b) a succession of green flashes made with signalling apparatus.
PART XII
OFFENCES
An aircraft shall not be operated in a negligent manner or in a reckless manner so as to endanger life or property.
82. Wrongful making of signals
(1) Where any signal is authorised or required by these Regulations to be used for a particular purpose, no person in an aircraft or on or in the vicinity of an aerodrome shall make such signal except for that particular purpose.
(2) No person in an aircraft or on of in the vicinity of an aerodrome shall—
(a) make any signal which may be confused with a signal made in terms of these Regulations;
(b) without lawful authority make any naval, military or air force signal.
No person on or in the vicinity of an aerodrome shall exhibit any light which may endanger the safety of aircraft, whether by reason of glare or by causing confusion with or preventing clear visual reception of the lights or signals authorised or required by these Regulations to be displayed.
[Regulation 2]
LANDING T
The colour of the T shall normally be white but this may be varied if the background is of such character that alteration of the colour would give improved visibility from the air.
[Regulations 46 (2), 48 (2) and 52 (7)]
DUMB-BELL SIGNAL
PART I
The colour of the dumb-bell shall be white.
PART II
The colour of the dumb-bell shall be white with a black strip placed across each circular disc at right angles to the shaft of the dumb-bell.
[Regulations 46 (6), 48 (5) and 52 (8)]
PART I
H SIGNAL
PART II
GROUND SIGNAL
[Regulation 52 (5) and (8)]
BOUNDARY MARKER
[Regulation 52 (5) and (6)]
WARNING CROSS
The colour of the cross shall be white.
[Regulations 54 (4), 61 and 62 (3)]
DOUBLE CROSS
The colour of the double cross shall be white.
[Section 4]
Arrangement of Regulations
Regulation
2. Establishment of the Civil Air Ensign
[Regulations by the Minister]
SI 193 of 1965.
These Regulations may be cited as the Civil Air Ensign Regulations.
2. Establishment of the Civil Air Ensign
The ensign of which the design and description are set out in the Schedule is hereby established and shall be called the "Civil Air Ensign".
The Civil Air Ensign shall be flown subject to the provisions of the Air Navigation Regulations.
[Regulation 2]
CIVIL AIR ENSIGN
 |
|
Description |
| On a field of sky blue an alighting eagle gold set within a ring quartered in the colours of the Republic as follows:— In the chief quarter green, in the hoist side orange, in the fly side red and in the base black. |
APPLICATION
[Section 21(2)]
GN 250 of 1954.
GN 497 of 1964.
The provisions of the Act shall not apply to—
(a) aircraft or aerodromes belonging to, or for the time being in use exclusively by, the Defence Force;
(b) aircraft or aerodromes belonging to, or in the service of, the Government, while used exclusively for military purposes.
AVIATION (EXEMPTION OF GLIDERS) NOTICE
[Regulaton 9]
Arrangement of Paragraphs
Paragraph
2. Exemption from certain provisions of the Air Navigation Regulations
[Notice by the Minister]
GN 259 of 1959.
GN 387 of 1963.
SI 153 of 1965.
This Notice may be cited as the Aviation (Exemption of Gliders) Notice.
2. Exemption from certain provisions of the Air Navigation Regulations
Gliders are hereby exempted from the provisions of Parts II, III, IV, V, VI, VII and XII of the Air Navigation Regulations, subject to the following conditions:
(a) this exemption shall not apply to any glider being flown outside Zambia;
(b) this exemption shall not apply to any glider being used for purposes of public transport or aerial work;
(c) there shall be in force in respect of the glider a policy of insurance issued by a person authorised to carry on insurance business in terms of the Insurance Act, which, subject to any restrictions or conditions specified therein, insures the owner of the glider against all liability which he may incur in respect of loss or damage caused to persons or property on land or water or in the air by, or by any person in, or any article or person falling from, the glider while in flight, taking off or landing, and the amount of liability to be covered by such policy shall be not less than K4,000 in respect of loss or damage caused on any one occasion.
[Am by GN 387 of 1963; SI 153 of 1965.]
AVIATION (AERODROME FEES) REGULATIONS
[Section 4]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
5. Surcharge for alternate aerodrome
SI 487 of 1985,
SI 65 of 1987.
These Regulations may be cited as the Aviation (Aerodrome Fees) Regulations.
In these Regulations, unless the context otherwise requires—
“domestic flight” means a flight which originates and terminates within Zambia without landing at any place outside Zambia;
“international flight” means a flight which originates within Zambia for a destination outside
Zambia or which originates outside Zambia and terminates in Zambia;
“scheduled aerodrome” means any aerodrome set out in the First Schedule;
“weight” means the maximum permissible take-off weight of an aircraft as stated in the certificate of airworthiness or the flight manual of the aircraft.
(1) Subject to the provisions of regulations 8, 9 and 10, a landing charge shall be levied and shall become payable in accordance with the weight of the aircraft landing at any scheduled aerodrome at the rates fixed in the Second Schedule.
(2) Landing charges shall be divided into two categories according to whether the flight is a domestic flight or an international flight.
(3) Training flights, aircraft belonging to commercial firms, scheduled airlines or charter operators licensed by the Minister being used on local flights for the purpose of flying practice or training of aircrew employed by such operators shall be charged one landing fee for every two hours of training regardless of the number of touch and go landings made during that period at a scheduled aerodrome:
Provided that the operator shall give, to the aerodrome authority at the scheduled aerodrome concerned, adequate notice of his intended flight.
[Am by SI 65 of 1987.]
(1) In addition to the charge referred to in regulation 3, there shall be levied a surcharge equal to 50 per cent of the applicable day landing charge for each landing or for each take-off which occurs outside the published hours of operation of the aerodrome:
Provided that where the aircraft departs within one hour of landing, only one surcharge shall be payable.
(2) Where a request has been received for a landing or take-off outside the published hours of operations of an aerodrome, one surcharge shall be payable unless notice of cancellation of the request is received by the aerodrome authority at least 24 hours before the proposed time of landing or take-off.
5. Surcharge for alternate aerodrome
A single surcharge shall be levied and shall become payable where an aerodrome is opened or remains open outside the published hours of operation of that aerodrome for the purpose of acting as an alternate aerodrome for an aircraft at the request of the operator:
Provided that no surcharge shall be levied where cancellation of the request is received by the aerodrome authority in terms of regulation 4(2).
(1) Subject to the other provisions of this regulation, an application for an annual landing permit, to be charged at the rate set out in the Third Schedule, may be made in respect of any aircraft whose weight does not exceed three tones and which is used by a registered flying club in respect of the aerodrome at which it is based or which is an aircraft registered in the private category only in respect of any scheduled aerodrome or aerodromes:
Provided that such permit shall not cover any landing made at Lusaka International Airport.
(2) An application for an annual landing permit shall be made to the Director in writing to reach him at least 21 days before the date from which the permit is to commence and shall include full details of the operator, the registration marks, type and weight of the aircraft in respect of which the application is made.
(3) If the Director is satisfied that the application has complied with the provisions of this paragraph, he shall, upon payment of the appropriate fee set out in the Third Schedule, issue an annual landing permit.
(4) An annual landing permit shall be valid for a period of 12 months commencing 1st January in the year in which it is issued.
(5) If an aircraft in respect of which there is in force an annual landing permit is grounded during the first half of the year and the Director is satisfied that it is likely to remain unserviceable and grounded during the remaining half of the year, he shall authorise the refund of 50 per cent of the annual landing charges paid in respect of that aircraft for such year.
(1) Subject to the provisions of sub-regulation (1) of regulation 9, where hangar facilities exist, charges for the hangarage of aircraft shall be levied and become payable for the use of such facilities at the rates prescribed in the Fourth Schedule in accordance with the weight of the aircraft and the length of the period of hangerage.
(2) Application for hangerage charges at the monthly rates prescribed in Part II of the Fourth Schedule in respect of the hangerage of an aircraft during the period of any named month may be made to the Director so as to reach him at least 21 days before the first day of the named month during which the charging of the monthly rate is requested.
(3) On receipt of an application made in terms of sub-regulation (2), the Director shall, if he is satisfied with the application, grant the charging of the monthly rate.
Subject to the provisions of sub-regulation (1) of regulation 9, a parking charge shall be levied and shall become payable at the rate prescribed in the Fifth Schedule in respect of any aircraft which lands at a scheduled aerodrome and remains there for a continuous period of more than three hours:
Provided that no parking charges shall be levied or become payable by an operator in respect of the parking of an aircraft on a parking site which has been leased to the same operator.
(1) No landing, hangar or parking charges shall be charged or become payable in respect of any aircraft—
(a) owned by the Government or proceeding on Government business;
(b) exclusively transporting Heads of State, Heads of governments or official delegations for an official visit;
(c) belonging to the United Nations Organisation or its specialised agencies;
(d) which, without remuneration, is participating in any search or rescue operation or is undertaking any mission for humanitarian purposes or is rendering any other service to the public;
(e) if a notice in that behalf is received and acknowledged by the Director at least twenty- four hours before such aircraft undertakes non-commercial operations related to training or testing navigational instruments or other equipment;
(f) landing pursuant to instructions given by the Department of Civil Aviation for reasons other than violation of aviation rules;
(g) belonging to the Zambia Defence Force; and
(h) Any other flight which the Director of Civil Aviation, with the prior consent of the Minister, may
(2) No landing charge shall be charged or become payable in respect of any aircraft—
(a) if, after prior notice of intended flight has been given, the aircraft is flown on a test flight from any scheduled aerodrome solely for the purpose of testing the aircraft and the aircraft returns at the end of the flight to that aerodrome without making any intermediate landing other than an emergency landing;
(b) if the aircraft has departed from a scheduled aerodrome and it has become necessary because of any hazard caused by the weather, or any other circumstances, for the aircraft to return to that aerodrome without making any intermediate landing other than an emergency landing;
(c) if the aircraft is being used by a registered flying club at the scheduled aerodrome at which the club is based, unless the aircraft is being so used for commercial purposes.
(3) During the period of first 30 days from the date of first entering into Zambia, an aircraft which is—
(a) of a type which has not previously entered Zambia; and
(b) being operated solely for sales demonstration purposes; shall be liable to pay only one landing charge in respect of a scheduled aerodrome.
(4) No parking charge shall be charged or become payable in respect of any locally registered aircraft of a private category when parked at its home base:
Provided that—
(a) the operator informs the Director of the designated home base; and
(b) Lusaka International Airport may not be so designated.
[Am by SI 65 of 1987.]
(1) All payments due in respect of landing, parking and hangarage charges shall be paid, by the captain of the aircraft, to the airport manager or to the officer-in-charge or the designated representative at the scheduled aerodrome for which the charges apply, unless an alternative arrangement has been or credit facilities have been arranged in terms of sub-regulation (2).
(2) Application for the granting of credit facilities for the payment of charges shall be made through the Director, who shall forward the application with his comments to the Permanent Secretary in the Ministry responsible for civil aviation.
(3) The application shall indicate particulars of the applicant, the reason why credit facilities are sought, proposed payment arrangements and other relevant details and shall be accompanied by a certificate of credit worthiness from the applicant’s bankers.
(4) When hangar charges are payable at the monthly rate in terms of sub-regulations (2) and (3) of regulation 7, the amount of the charges shall be paid in advance before the first day of the named month during which hangar facilities are required.
(5) The charges set out in the Schedules are common to all scheduled aerodromes unless it is stated to the contrary.
(6) Unless agreement to the contrary is entered into, between the Government of the Republic of Zambia and the government of the aircraft operator’s nationality, the charges payable under the Second, Third, Fourth and Fifth Schedules shall be paid in United States dollars or any other convertible currency, at the rate of exchange last notified by the Bank of Zambia:
Provided that in case of locally registered aircraft the charge shall be paid in kwacha.
[Am by SI 65 of 1987.]
[Regulation 2]
SCHEDULED AERODROMES
Category I
Livingstone
Lusaka International
Mfuwe
Ndola
Category II
Chipata
Kasama
Lusaka City
Mansa
Mongu
Solwezi
Zambezi
Category III
Kalabo
Kasaba Bay
Lilayi
Lukulu
Ngoma
Senanga
Sesheke
Southdowns
APPENDIX I
[Regulation 7]
[Regulation 3]
DAY LANDING CHARGES
FIXED WING AIRCRAFT
PART I
CATEGORY I AERODROME
For each tonne or part thereof
Aircraft Weight
International Flights
Domestic Flights
(Metric tonne)
US Dollars
Fee units
First 25 tonnes
4.00
6.0
Next 75 tonnes
5.00
8.0
Over 100 tonnes
6.00
9.0
PART II
CATEGORY II AND III AERODROME
1. Landing charge at Category II aerodrome shall be at the rate of 70 per centum of the charges prescribed for Category I aerodrome.
2. Landing charge at Category III aerodrome shall be at the rate of 50 per centum of the charges prescribed for Category I aerodrome.
NOTES:
(a) Minimum landing charge for an aircraft whose weight is more than two tonnes shall be—
(i) US $15.00 per international flight; and
(ii) 3 fee units per domestic flight.
(b) Lighting surcharge of 25 per centum of the day landing charges shall be levied and payable for all night landing or take-off at scheduled aerodromes equipped with night landing facilities.
(c) Charges for helicopters shall be at 50 per centum of the charges applicable to fixed wing aircraft.
[Am by SI 65 of 1987.]
[Regulation 6]
Annual landing charge shall be 450 fee units.
[Regulation 7]
PART I
DAILY RATE OF HANGER CHARGES
CATEGORY I AERODROME
For each tonne or part thereof per 24 hours or part thereof:
Aircraft Weight
International Flights
Domestic Flights
(Metric tonne)
US Dollars
Fee units
First 25 tonnes
2.50
4
Next 75 tonnes
3.00
3
Over 100 tonnes
3.50
5
PART II
WEEKLY AND MONTHLY CHARGES
CATEGORY I AERODROME
1. Weekly rate is five times the 24 hour charge.
2. Monthly rate is eighteen times the 24 hour charge.
NOTE:
Minimum hanger charge shall be—
(i) US $25.00 for each international flight; and
(ii) 38 fee units for each domestic flight.
[Am by SI 65 of 1987.]
APPENDIX III
(Regulation 9)
(Regulation 8)
PARKING CHARGES
PART I
CATEGORY I AERODROME
Fees for each tonne or part thereof per hour or part thereof:
Aircraft Weight
International Flights
Domestic Flights
(Metric tonne)
US Dollars
Fee units
First 25 tonnes
0.30
2
Next 75 tonnes
0.20
1
Over 100 tonnes
0.10
1
PART II
CATEGORY II AND III AERODROME
1. Parking fees at Category II aerodromes shall be at the rate of 50 per centum of the charges prescribed for Category I aerodrome.
2. Parking fees at Category III aerodrome shall be at the rate of 25 per centum of the charges prescribed for Category I aerodrome.
NOTES:
(a) First three hours after landing shall be free of charge.
(b) Minimum parking charge shall be—
(i) US $10.00 for each international flight; and
(ii) 13 fee units for each domestic flight.
[Am by SI 65 of 1987.]
AVIATION (PARKING OF MOTOR VEHICLES AT DESIGNATED AIRPORTS) REGULATIONS
[Section 4]
Arrangement of Regulations
Regulation
3. Parking of motor vehicles at specified areas of designated airports
[Regulations by the Minister]
Act 13 of 1994,
SI 7 of 1991.
These Regulations may be cited as the Aviation (Parking of Motor Vehicle at Designated Airports) Regulations.
In these Regulations "Company" means the National Airports Corporation Limited a Company Limited by shares and registered under the Companies Act.
3. Parking of motor vehicles at specified areas of designated airports
No person shall park any motor vehicle at a place other than that specified for that purpose by the Company.
(1) Any motor vehicle found at a designated airport parked in a place other than that specified for the purpose by the Company—
(a) shall have its wheels clamped or its mobility inhibited in any other manner; and
(b) may be removed to another area of the designated airport in the interest of public safety.
(2) Any motor vehicle which has its wheels clamped or its mobility inhibited under sub-section (1) shall be unclamped or allowed to move only on payment of a fine of three hundred and seventy-five penalty units to the Company.
(3) Any person who obstructs another person empowered to give effect to these Regulations shall be charged with an offence and liable upon conviction to a fine not exceeding eighty penalty units or to imprisonment not exceeding one month or to both.
[Am by Act 13 of 1994].
AVIATION (AIR NAVIGATION FACILITY AND SERVICE CHARGES) REGULATIONS
[Section 4]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
3. Navigation and service charge
[Regulations by the Minister]
SI 66 of 1987
SI 98 of 1988
SI 150 of 1988
These Regulations may be cited as the Aviation (Air Navigation Facility and Service Charges) Regulations.
In these Regulations unless the context otherwise requires—
“charge” means the air navigation facility and service charge;
“domestic flight” means a flight which originates and terminates within Zambia without landing at any place outside Zambia;
“international flight” means a flight which originates within Zambia for a destination outside Zambia or which originates outside Zambia and terminates in Zambia or overflies the Lusaka Flight Information Region for a destination outside Zambia;
“weight” means the maximum permissible take-off weight of an aircraft as stated in the certificate of airworthiness or the flight manual of the aircraft.
3. Navigation and service charge
(1) Subject to the provisions of regulations 4 and 5, a charge shall be levied and shall become payable by all aircraft operating within the Lusaka Flight Information Region.
(2) The charge shall be divided into two categories according to whether the flight is a domestic flight or an international flight.
(1) Unless agreement to the contrary is entered into between the Government of the Republic of Zambia and the government of the aircraft operator’s nationality, the charges payable under Part I of the Schedule shall be paid in United States dollars or any other convertible currency, at the rate of exchange last notified by the Bank of Zambia:
Provided that in the case of locally registered aircraft, the charge shall be paid in kwacha in accordance with Part II of the Schedule.
(2) An application for commuted monthly payment, to be charged at the rate set out in Part II of the Schedule, may be made in respect of any aircraft.
(3) The application for commuted monthly payment shall be made to the Director in writing to reach him at least 14 days before the date from which the permit is to commence and shall include full details of the operator, the registration marks, type and weight of the aircraft in respect of which the application is made.
(4) If the Director is satisfied that the application has complied with the provisions of this paragraph, he shall, upon payment of the appropriate fee set out in the Schedule, approve the application.
No charge shall be charged or become payable in respect of any aircraft—
(a) owned by the Government or proceeding on Government business;
(b) exclusively transporting Heads of State, Heads of Governments or official delegations for an official visit;
(c) belonging to the United Nations Organisation or its specialised agencies;
(d) which, without remuneration, is participating in any search or rescue operation or is undertaking any mission for humanitarian purposes or is rendering any other service to the public;
(e) belonging to the Zambia Defence Force;
(f) if a notice in that behalf is received and acknowledged by the Director at least twenty- four hours before an aircraft undertakes non-commercial operations related to training or testing navigational instruments or other equipment;
(g) undertaking test flights and flights made exclusively for the purpose of instruction or testing of flight crews;
(h) landing pursuant to instructions given by the Department of Civil Aviation for reasons other than violation of aviation rules;
(i) whose weight is two tonnes or less and is on a domestic flight;
(j) irrespective of its weight is on a domestic flight making a journey of less than 40 nautical miles; and
(k) any other flight which the Director of Civil Aviation with the prior consent of the Minister, may exempt.
APPENDIX
[Regulation 2]
[Regulation 4]
AIR NAVIGATION FACILITY AND SERVICE CHARGE
PART I
INTERNATIONAL FLIGHTS
The following formula shall be used in calculating the charge:
<FT:Symbol,SR,SY>
[Am by SI 150 of 1988.]
PART II
DOMESTIC FLIGHTS
Aircraft weight
(Metric Tonne)
Daily
rate
Fee units
Commuted
Monthly rate
Fee units
0-2 tonne . . . . . . . . . .
Free
Free
Over 2 tonne but not exceeding 10 tonne . .
5
90
Over 10 tonne but not exceeding 20 tonne . .
12
200
Over 20 tonne . . . . . . . . . .
24
400
NOTE:
The daily rate will apply to all domestic flights, operated by one chargeable aircraft within a period of 24 hours, commencing at 0001 UTC to 2400 UTC the same day.
[Am by SI 98 of 1988.]
AVIATION (EMERGENCY POWERS) (AIRCRAFT NAVIGATION CONTROL) NOTICE
[Section 5]
Arrangement of Paragraphs
Paragraph
2. Declaration of restricted, prohibited and regulated areas
4. Persons affected to contact appropriate authority
5. Revocation of SI 159 of 1978 and SI 145 of 1980
SI 83 of 1986,
SI 77 of 2015.
This Notice may be cited as the Aviation (Emergency Powers) (Aircraft Navigation Control) Notice.
2. Declaration of restricted, prohibited and regulated areas
It is hereby declared that for the purpose of section 5 of the Act—
(a) the areas specified in the First Schedule shall be totally restricted areas;
(b) the areas specified in the Second Schedule shall be prohibited areas;
(c) the areas specified in the Third Schedule shall be partially restricted areas; and
(d) the areas specified in the Fourth Schedule shall be regulated areas.
All the powers set forth in paragraph (b) of sub-section (1) of section 5 of the Act are hereby assigned—
(a) in respect of the areas set out in Part I of the First Schedule, to the Air Commander, Air Headquarters, P.O. Box 31291, Lusaka; and
(b) in respect of the areas set out in Part II of the First Schedule, to the Army Commander, Army Headquarters, Old National Assembly Building, Independence Avenue, Lusaka;
(hereinafter collectively referred to as "the appropriate authority").
4. Persons affected to contact appropriate authority
(1) All operators of scheduled commercial flights shall apply to the appropriate authority six months in advance for overflight rights over the area described in the First Schedule.
(2) All owners of aerodromes, charter and private aircraft operators or owners of aircraft which are within or likely to enter any area described in the First Schedule shall apply to the appropriate authority for flying clearance at least 24 hours in advance of the flight.
5. Revocation of SI 159 of 1978 and SI 145 of 1980
The Aviation (Emergency Powers) (Aircraft Navigation Control) Notice, SI 159 of 1978, and the Aircraft (Emergency Powers) (Aircraft Navigation Control) Notice, SI 145 of 1980, are hereby revoked.
[Paragraph 2]
Totally Restricted Areas
PART I
Central Province Lusaka Province Southern Province
PART II
Western Province
[Paragraph 2]
Prohibited Areas
PROHIBITED AREA NO. 1
LUKANGA
Starting from Lat. 1353S and Lo. 2838E where the powerlines cross the Lukanga River the boundary follows the Lukanga River downstream in a westerly direction to Lat. 1355S and Lo. 2832E, thence in a northerly direction to Lat. 1359S and Lo. 2831E, thence in an easterly direction on Lat. 1359S to Lo. 2837E a point east of the powerlines, thence in a southerly direction to Lat. 1353S and Lo. 2838E where the powerlines cross the Lukanga River the point of starting. Total prohibition at all times from ground to flight level one seven zero (FL 170).
PROHIBITED AREA NO. 2
STATE HOUSE, LUSAKA
Centred at State House on Lat. 152542S and Lo. 281942E at a radius of 1/2 nautical mile. Lower and upper level from ground to 6,000 feet above sea level. Total prohibition at all times.
PROHIBITED AREA NO. 3
[Deleted by para 2 of SI 77 of 2015.]
PROHIBITED AREA NO. 4
MUMBWA
Starting from Lat. 1500S and Lo. 2600E Chunga Valley, the boundary follows the Kafue River upstream to Lufupa Rest Camp on Lat. 1436S and Lo. 261130E, thence upstream the Kafue River to its confluence with the Lunga River at Lat. 14345 and Lo. 262550E, thence upstream the Lunga River in a northerly direction to a point on Lat. 1400S and Lo. 262030E, thence the boundary goes in a straight easterly direction on Lat. 1400S to Lo. 2710E, thence in a southerly straight line to a point on Lat. 144330S and Lo. 2723E, thence in a straight south-easterly direction line to a point on Lat. 1448S and Lo. 2730E, thence southwards along Lo. 2730E to Lat. 1521S, thence following an areas of 25 nautical miles radius centred at Mumbwa Military Aerodrome to a point on Lat. 1458S and Lo. 264630E Mongu Road M9, thence westwards following Road M9 to its junction with the Chunga Ferry branch off road, then following the Chunga Ferry branch off road to Chunga Ferry Lat. 1500S and Lo. 2600E the point of starting. Total prohibition at all times.
PROHIBITED AREA NO. 21
MULUNGUSHI DAM
All that piece of land centred at Lat. 1428S and Lo. 2849E, at a radius of 5 nautical miles. Total prohibition at all times from ground to flight level one zero zero (FL. 100).
PROHIBITED AREAS NO. 22
MUKOBEKO MAXIMUM PRISON
All that piece of land centred at Lat. 1422S and Lo. 2824E, at a radius of 2 nautical miles. Total prohibition at all times from ground to 6,000 feet above mean sea level.
PROHIBITED AREA NO. 25
LUSAKA SOUTH-EAST
Centred at Lat. 153400S and Lo. 283700E at a radius of 5 nautical miles circle, the area lies 17 nautical miles south-east of Lusaka International Airport. Total prohibition at all times from ground to flight level one seven zero (FL. 170).
PROHIBITED AREA NO. 28
LUSAKA CITY
Starting from Lat. 152112S and Lo. 281235E the area boundary follows a straight line to Lat. 152400S and Lo. 281220E, thence a straight line to Lat. 152400S and Lo. 281400E, thence a straight line to Lat. 152910S and Lo. 282910E, thence a straight line to Lat. 152215S and Lo. 283000E, thence a straight line to Lat. 152112S and Lo. 281235E the point of starting. Total prohibition at al times from ground to all flight levels.
[Paragraph 2]
Partially Restricted Areas
RESTRICTED AREA NO. 5
KAFUE NATIONAL PARK
Starting at Lat. 1410S and Lo. 2540E, the boundary line goes eastwards on Lat. 1410S to Lo. 2635E, thence in a south-easterly straight line to a point on Lat. 1500S and Lo. 2645E, thence in a straight westerly direction line on Lat. 1500S to Lo. 2600E, thence in a straight southerly direction line to Lat. 1640S and Lo. 2605E, thence in a westerly direction to a point along Lat. 1640S and Lo. 2550E, thence in north-westerly direction to a point on Lat. 1550S and Lo. 2505E, thence the boundary goes in a north-westerly direction to Lat. 1410S and Lo. 2540E, the point of starting. No person other than a park officer or servant, shall, without special Ministerial permission, fly by aircraft over any part in such a manner as to alarm game or land and take off in the park by aircraft. This does not apply to aircraft landing or taking off from airfields within the park. Restriction is from ground to 1,500 feet above ground level.
RESTRICTED AREA NO. 6
KARIBA GORGE
All that area centred at Lat. 1631S and Lo. 2846E at a radius of 1 nautical mile from ground to 1,500 feet above mean sea level.
RESTRICTED AREA NO. 7
LAVUSHI MANDA
Starting at a point on Lat. 1200S and Lo. 3045E, the boundary line proceeds in a south-easterly direction to a point on Lat. 1210S and Lo. 3105E, the boundary projects in a south westerly direction to a point Lat. 1240S and Lo. 3040E, thence in a straight line north-west to Lat. 1220S and Lo. 3040E, thence in a north-easterly direction to Lat. 1200S and Lo. 3045E the point of starting. Game Reserve, from ground to 1,500 feet above ground level. No person other than a park officer or servant shall, without special Ministerial permission, fly by aircraft over any part in such a manner as to alarm game, or land or take off in the park by aircraft. This does not apply to aircraft taking off and landing at airfields in this restricted area.
RESTRICTED AREA NO. 8
LUNGA
Starting at a point on Lat. 1230S and Lo. 2430E, the boundary line proceeds east-wards on Lat. 1230S to a point on Lo. 2455E, thence in a south-easterly direction straight line to a point on Lat. 1300S and Lo. 2505E, thence in a south-westerly direction to a point on Lat. 1310S and Lo. 2435E, thence in a north-westerly direction to Lat. 1230S and Lo. 2430E the point of starting. Game Reserve, from ground to 1,500 feet above ground level. No person other than a park officer or servant shall, without special Ministerial permission, fly by aircraft over any part in such a manner as to alarm game, or land or take off in the park by aircraft. This does not apply to aircraft taking off and landing at airfields in this restricted area.
RESTRICTED AREA NO. 9
MWERU MARSH
Starting at a point on Lat. 0825S and Lo. 2915E, the boundary proceeds in an easterly direction to a point on Lat. 0820S and Lo. 3000E, thence in a straight line southwards on Lo. 3000E to Lat. 0900S, thence westwards on Lat. 0900S to Lo. 2915E, thence in a straight line northwards on Lo. 2915E to Lat. 0825S, the point of starting. Game Reserve, from ground to 1,500 feet above ground level. No person other than a park officer or servant shall, without special Ministerial permission, fly by aircraft over any part in such a manner as to alarm game, or land or take off in the park by aircraft. This does not apply to aircraft taking off and landing at airfields in this restricted area.
RESTRICTED AREA NO. 10
VICTORIA FALLS BRIDGE
All that piece of land centered on Lat. 1755S and Lo. 2551E at a radius of 1 nautical mile. Restriction is from ground to 1,500 feet above ground level. Information on traffic circling Victoria Falls must be obtained from Living-stone approach.
RESTRICTED AREA NO. 11
BANGWEULU SWAMPS
Starting at a point on Lat. 1200S and Lo. 2935E, the boundary is a straight north-west line to Lat. 1052S and Lo. 2930E, thence in a straight north-easterly direction line to Lat. 1038S and Lo. 2950E, thence in south-easterly direction line to Lat. 1110S and Lo. 3030E, thence in a southerly direction following Lo. 3030E to Lat. 1150S, thence on a south-west straight line to Lat. 1200S and Lo. 2935E, the point of starting. Restriction applies only to single engine aircraft. Area difficult for search and rescue. From ground to flight level nine five (FL 95).
RESTRICTED AREA NO. 12
LUANGWA VALLEY NORTH
Starting at a point on Lat. 1022S and Lo. 3237E, the boundary line proceeds south-eastwards to Lat. 1052S and Lo. 3309E, thence in a southerly direction line to Lat. 1223S and Lo. 3304E, thence in a south-westerly straight line to Lat. 1305S and Lo. 3245E, thence in a straight line south-westerly to Lat. 1320S and Lo. 3223E, thence in a north-westerly direction line to Lat. 1300S and Lo. 3149E, thence in a south-west straight line to Lat 130430S and Lo. 3058E, thence in a north-easterly straight line to Lat. 1112E and Lo. 3200E, thence in a north, north-easterly straight line to Lat. 1022S and Lo. 3237E the point of starting. Restriction is from ground to 1,500 feet above ground. No aircraft shall fly below 1,500 feet above ground or in such a manner as to alarm game, unless landing or taking off at an airfield in the area.
RESTRICTED AREA NO. 13
LUANGWA GAME PARK (SOUTH)
Starting at a point on Lat. 1434S and Lo. 3000E, the boundary line proceeds in a straight line to Lat. 1314S and Lo. 3051E, thence in a straight line to a point on Lat. 1304S and Lo. 3058E, thence in a straight line to a point on Lat. 1300S and Lo. 3149E, thence in a straight line to a point on Lat. 1320S and Lo. 3223E, thence in a straight line to Lat. 1434S and Lo. 3000E, the point of starting. Restriction is from ground to 1,500 feet above ground. No aircraft shall fly below 1,500 feet above ground or in such a manner as to alarm game, unless landing or taking off at an airfield in the area.
RESTRICTED AREA NO. 14
LUKANGA SWAMP
Starting as a point on Lat. 140730S and Lo. 272230E, the boundary proceeds eastwards on Lat. 140730S to Lo. 275650E, thence in a straight line south-eastwards to Lat. 1435S, and Lo. 2805E, thence in a straight westerly direction line to Lat. 1433S and Lo. 2734E, thence the direction line proceeds north-westwards to Lat. 140730S and Lo. 272230E the point of starting. Area difficult for search and rescue. Restriction applies only to single engine aircraft. However a ten (10NM) nautical mile wide corridor is available for single engined aircraft.
RESTRICTED AREA NO. 24
LOWER ZAMBEZI GAME PARK
Starting at a point on Lat. 1510S and Lo. 2919E the boundary proceeds in a straight line to a point on Lat. 1510S and Lo. 301230E, thence in a straight line to a point on Lat. 153900S and Lo. 301230E, thence following the Zambezi River upstream to a point on Lat. 151500S and Lo. 291600E, thence to a point on Lat. 1510S and Lo. 2919E, the point of starting. Restriction is from ground to 1,500 feet above ground. No aircraft shall fly below 1,500 feet above ground or in such a manner as to alarm game, unless landing or taking off at an airfield in the area.
(Paragraph 2)
Regulated Areas
DANGER AREA NO. 16
COPPERBELT TRAINING AREA
Starting at Lat. 1230S and Lo. 2730E, the boundary line proceeds eastwards on Lat. 1230S to Lo. 2750E, thence in a straight line southwards on Lo. 2750E to Lat. 1248S, thence in a south- westerly direction line to Lat. 1307S and Lo. 2746E, thence westwards on Lat. 1307S to Lo. 2730E, thence northwards on Lo. 2730E to Lat. 1230S the point of starting. Danger is from ground to flight level seven zero (FL 70). Area for flying training and sliding and this takes place from sunrise to sunset.
DANGER AREA NO. 18
LIVINGSTONE
Starting at Lat. 1751S and Lo. 2530E, the boundary line proceeds northwards on Lo. 2530E to Lat. 1730S, thence the line proceeds westwards on Lat. 1730S to Lo. 2500E, thence southwards on Lo. 2500E to the Zambezi River, thence downstream the Zambezi River to Lat. 1751S and Lo. 2530E, the point of starting. Danger is from ground to flight level six five (FL 65). Flying training will take place from sunrise to sunset.
DANGER AREA NO. 19
NDOLA
Centered at Lat. 1304S and Lo. 2845E at a radius of 3 nautical miles circle, the area lies 7 nautical miles south-east of Ndola Airport. Danger is from ground to flight level one seven zero (FL 170). 24 hours notice will be given by NOTAM class one. Air Traffic Control will give routing instructions to IFR flights when area is active.
DANGER AREA NO. 20
LUSAKA SOUTH-WEST
Starting at Lat. 1518S and Lo. 274650E the confluence of Kabile and Mwembeshi Rivers, the boundary line proceeds south-eastwards to Lat. 1525S and Lo. 2800E, thence the boundary line proceeds southwards on Lo. 2800E to Lat. 1543S on the Kafue River, thence upstream the Kafue River to Lat. 153930S and Lo. 274730E the confluence of the Kafue and Mwembeshi Rivers, thence upstream the Mwembeshi River to its confluence with the Kabile River Lat. 1518S and Lo. 274650E, the point of starting. Danger is from ground to flight level seven zero (FL 70). Flying training will take place from sunrise to sunset.
DANGER AREA NO. 23
MUMBWA EAST
Starting at a point on Lat. 144800S and Lo. 273000E, the boundary line proceeds in a straight line to Lat. 145400S and Lo. 274600E, thence in a straight line to a point on Lat. 152030S and Lo. 275550E, thence in a straight line to a point on Lat. 152900S and Lo. 271700E, thence following eastern boundary along P4 to a point on Lat. 144800S and Lo. 273000E, the point of starting. Danger is from the ground to unlimited flight levels the area being a military flying training area. Air Traffic Control will give routing instructions to IFR flights.
DANGER AREA NO. 27
NCHANGA OPEN PIT
Centred at a point on Lat. 123030S and Lo. 275730E at a radius of one (1 NM) nautical mile being an area where blasting of rock takes place between sunrise and sunset. Danger is from ground to flight level 6,000 feet above mean sea level.
AVIATION (AIRCRAFT NAVIGATION CONTROL) NOTICE
[Section 5]
Arrangements of Notice
Notice
2. Declaration of restricted area
4. Persons affected to contact Air Commander
SI 104 of 1997.
1. Title
This Notice may be cited as the Aviation (Aircraft Navigation Control) Notice, 1997
2. Declaration of restricted area
It is hereby declared that for the purpose of section 5 of the Act, the territory of Zambia is a restricted area.
All the powers set forth in paragraph (b) of subsection (1) of section 5 of the Act are hereby assigned to the Air Commander, Air Headquarters, P.O. Box 31291, Lusaka.
4. Persons affected to contact Air Commander
All owners of aerodromes, charter and private aircrafts operators or owners of aircraft which are within or likely to enter the territory of Zambia shall apply to the Air Commander for flying clearance at least 24 hours in advance of the flight.
AVIATION (SECURITY CHARGES) REGULATIONS
[Section 4]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulation
Regulation
5. Receipt to be produced before boarding air craft
8. Commission for collection of charge
9. Remittance of charge and submission of returns
10. Recovery of charge from agent
SI 59 of 2010.
These Regulations may be cited as the Aviation (Security Charges) Regulations, 2010.
In these Regulations, unless the context otherwise requires–
“agent” means a person authorised to collect a charge on behalf of the Company;
“Aviation Security Account” means the account into which an agent shall deposit a charge;
“AVSEC” means Aviation Security;
“charge” means the aviation security charge;
“Committee” means the National Civil Aviation Security Committee established under the Aviation (Security) Regulations, 2008;
“Company” means the National Airports Corporation established under the Act;
“Security staff” means the personnel responsible for security at an aerodrome; and
“TPIN” means the Tax Payers Identification Number.
(1) A person who purchases an air ticket for travel to a destination within or outside Zambia shall, at the point of purchasing the air ticket, pay an agent the charge as set out in the Schedule.
(2) An agent who fails or neglects to collect a charge is liable to pay the whole of the charge due to the Company.
(1) An agent shall, immediately after receiving a charge, issue an official receipt for the payment.
(2) The receipt issued under sub-regulation (1) shall contain the following details–
(a) the TPIN of the agent;
(b) the date of payment;
(c) the name of address of the payer;
(d) a description of the payment made;
(e) the amount paid; and
(f) a provision for the signature of the agent;
(3) An agent who fails to issue a receipt to a person who pays a charge commits an offence and is liable, upon conviction, to a fine not exceeding 2,000 penalty units or to imprisonment for a period not exceeding three months, or to both.
5. Receipt to be produced before boarding air craft
A person who wishes to travel to a destination within or outside Zambia and is in possession of an air ticket shall, before the person can be permitted to board an aircraft, produce a receipt issued under Regulation 4, as proof of payment of the charge.
(1) The Company shall use the charge for the purpose of enhancing aviating security by assuring the safety and security of passengers, aerodrome staff, aerodrome users and aviation property.
(2) Without limiting the generality of sub-regulation (1), the charge shall be used for–
(a) the purchase of security equipment;
(b) tests, inspections, audits and quality control by the committee;
(c) capacity-building for security staff; and
(d) the review and production of AVSEC documentation.
The Company shall establish and train an inspectorate unit to carry out the following functions–
(a) upon giving reasonable notice, to inspect an agent’s books relating to the collection of the charge;
(b) to issue an agent with a notice for the remittance of the charge to the Company;
(c) to institute legal proceedings against an agent for the recovery of the charge; and
(d) to perform any function under these Regulations which may be delegated to it.
8. Commission for collection of charge
(1) An agent shall, for each charge collected by the agent, be entitled to a commission as prescribed in the Schedule.
(2) An agent shall, before remitting to the Company the charge collected by the agent, deduct from the total charge the commission referred to under sub-regulation (1).
9. Remittance of charge and submission of returns
(1) An agent shall, within 30 days from the last day of the month in which the agent collects a charge, remit the charge to the Company.
(2)The remittance referred to under sub-regulation (1) shall–
(a) not include the commission due to the agent; and
(b) be paid into the Aviation Security Account of the Company.
10. Recovery of charge from agent
(1) An inspector or a public officer authorised by the Company may recover the charge from an agent who has not remitted the charge to the Company.
(2) The amount referred to under sub-regulation (1), shall be summarily recoverable as a civil debt and, together with any costs incurred in the recovery of the charge, be paid into the Aviation Security Account.
SCHEDULE
[Regulations 3 and 9]
PRESCRIBED FEES
Charge
Domestic Travel Fee Units
International Travel Fee Units
Agent’s Commission
80
133
5%
5%
AVIATION (SECURITY) REGULATIONS
[Section 4]
Arrangement of Regulations
Regulations
3. National Civil Aviation Security Committee
4. Functions of National Civil Aviation Security Committee
5. Designation of Department of Civil Aviation as Aviation Security Agency
6. Airport security Committees
7. Functions of Airport Security Committee
10. Airport security programme
11. Aircraft operator’s security programme
12. Regulated agent’s security programme
13. Power of Director to designate security zones
14. Restriction of access to controlled zones
16. Safety and security measures
17. Power of Minister to issue directions
SI 30 of 2008.
These Regulations may be cited as the Aviation (Security) Regulations, 2007.
In these Regulations, unless the context otherwise requires–
“Act” means the Aviation Act;
“aerodrome” has the meaning assigned to it by section 2 of the Act;
“aerodrome operator” means–
(a) any company designated by the Minister, by statutory instrument, to own, manage and administer any designated aerodrome; or
(b) any person appointed by the Director to manage and administer any non-designated aerodrome;
“aircraft operator” means any operator providing air services from and to, within, Zambia;
“aircraft operator’s security programme” means a written statement of measures to be adopted by an aircraft operator to safeguard civil aviation against acts of unlawful interference;
“airport operator” means the person who has the legal responsibility for the administration, operation and maintenance of an airport;
“airport outstation security zone” means an off-airport station or facility designated as a security restricted area;
“airport security committee” means a committee established at an airport to coordinate the development and implementation of security measures and procedures at such airport;
“airport security programme” means a written statement of measures to be adopted by an airport operator to safeguard civil aviation against acts of unlawful interference;
“airport security zone” means a zone in an airport building or facility designated as a security restricted area;
“airport service provider” means any company which is duly authorised by the airport operator to provide service to air passengers at the airport;
“baggage” means the personal property of a passenger or crew member carried on an aircraft by agreement with the aircraft operator;
“Convention” has the meaning assigned to it by section 2 of the Act;
“Department” means the Department of Civil Aviation of the Ministry responsible for transport and communications;
“Director” means the Director of Civil Aviation;
“national civil aviation security programme” means measures adopted to safeguard international and domestic civil aviation against acts of unlawful inference;
"Regulated agent” means an agent, freight forwarder or any other company which conducts business with an aerodrome operator or an aircraft, and provides security controls that are accepted or required by the appropriate authority in respect of cargo, courier, express parcels, mail or stores or supplies for transportation or use on board international and domestic passenger flights from Zambia;
“regulated agent’s security programme” means a written statement of measures to be adopted by a regulated agent to safeguard civil aviation acts of unlawful interference;
“screening" means the application of technical or other measures which are intended to detect weapons, explosives or other dangerous devices which may be used to commit an act of unlawful interference; and
“security” means a combination of measures, including human and material resources, intended to safeguard international and domestic civil aviation against acts of unlawful interference.
3. National Civil Aviation Security Committee
(1) There shall be established a National Civil Aviation Security Committee which shall consist of the following members appointed by the Minister–
(a) the Permanent Secretary to the Ministry responsible for communications and transport, who shall be the Chairperson;
(b) the Permanent Secretary to the Ministry responsible for defence;
(c) the Permanent Secretary to the Ministry responsible for home affairs;
(d) the Director General of the Zambia Security Intelligence Service;
(e) the Commander of the Zambia Army;
(f) the Commander of the Zambia Air Force;
(g) the Commandant of the Zambia National Service;
(h) the Inspector General of the Zambia Police Force; and
(i) the Managing Director of the National Airports Corporation Limited.
(2) The Director shall be the Secretary to the Committee.
(3) The Vive-Chairperson of the Committee shall be elected by the members from among their numbers.
(4) A member of the Committee shall be paid such allowances as the Minister may determine.
(5) Subject to the other provisions of these Regulations, the Committee shall regulate its own procedure.
(6) The Committee shall meet for the transaction of business at least once in every three months at such places and times as the Chairperson may determine.
(7) The quorum at any meeting of the Committee shall be seven members of the Committee.
(8) There shall presides at any meeting of the Committee–
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; or
(c) in the absence of both the Chairperson and the Vice-Chairperson, such member as the members present may elect from their number for the purposes of that meeting.
(9) The determination of any matter before the Committee shall be by the majority of the votes of the members present and considering the matter.
(10) The Committee may invite any person whose presence in its opinion is desirable to attend and participate in the deliberations of the meeting but such person shall have no vote.
(11) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee.
(12) The Minister shall assign persons employed in the Ministry to perform such secretarial and administrative functions in connection with the Committee as may be necessary for the performance of its functions.
4. Functions of National Civil Aviation Security Committee
The functions of the national Civil Aviation Security Committee are to–
(a) advise the Government and the aviation industry on security measures required to counter threats to civil aviation and civil aviation facilities;
(b) draw up a national civil aviation security programme which shall set out the Government’s security policy with respect to civil aviation in Zambia;
(c) establish standards and guidelines, for the protection of civil aviation infrastructure and facilities against acts of unlawful interference;
(d) assign responsibilities for the implementation of the National Civil Aviation Security Programme andensure Coordination between Government ministries and departments and relevant agencies in the implementation of the Programme;
(e) review and monitor the effectiveness of the National Civil Aviation Security Programme, and where any act of unlawful interference with aviation security occurs, re-evaluate the security measures and procedures and take such action as may be necessary to remedy the weaknesses and prevent the recurrence of any such act;
(f) consider the recommendations made by airport security committees on the national civil aviation security programme and where appropriate, make recommendations to the Minister on the changes to be made to the national civil aviation security programme;
(g) co-ordinate the exchange and dissemination of information on incidences occurring within civil aviation and threats to civil aviation security and the measures taken to counter such incidences and threats; and
(h) promote security in the design of few airports or the expansion of existing airports and other civil aviation facilities.
5. Designation of Department of Civil Aviation as Aviation Security Agency
(1) The Department of Civil Aviation is hereby designated as the Aviation Security Agency for Zambia.
(2) The Department shall be responsible for–
(a) the implementation of the National Civil Aviation Security Programme;
(b) monitoring the implementation of the National Civil Aviation Security Programme by Government Ministries and departments to which responsibilities have been assigned by the National Aviation Security Committee;
(c) approving the security programmes drawn up by aerodrome operators, and regulated agents prior to their implementation;
(d) monitoring the implementation of the security programmes referred to in paragraph (c);
(e) liaising with the National Civil Aviation Security Committee and national security agencies on all matters relating to civil aviation security; and
(f) taking adequate measures to respond to civil aviation threats.
6. Airport security Committees
(1) There shall be established, for each airport, an airport security committee which shall consist of–
(a) the airport manager, who shall be the chairperson;
(b) a representative of the Zambia Security Intelligence Service;
(c) an aviation security officer from the Department;
(d) the chief or senior security officer from the Company;
(e) the chief or senior air traffic control officer from the Company;
(f) the officer-in-charge of the airport division of Zambia Police Force;
(g) a representative of the Drug Enforcement Commission;
(h) a representative of the Zambia Revenue Authority;
(i) a representative of the Zambia Air Force;
(j) a representative of the Immigration Department;
(k) a representative of aircraft owners and operators; and
(l) a representative of regulated agents.
(2) The vice-chairperson of an airport security committee shall be elected by the members from among their number.
(3) A member of an airport security committee shall be paid such allowances as the Minister may determine.
(4) Subject to the other provisions of these Regulations, an airport security committee shall regulate its own procedure.
(5) An airport security committee shall meet for the transaction of business at least once in every three months at such places and times as the chairperson may determine.
(6) The quorum at any meeting of an airport security committee shall be one-half of the members of such a committee.
(7) There shall preside at any meeting of an airport security committee–
(a) the chairperson;
(b) in the absence of the chairperson, the vice-chairperson; or
(c) in the absence of both the chairperson and the vice-chairperson, such, such members present may elect from their number for the purposes of that meeting.
(8) The determination of any matter before an airport security committee shall be by the majority of the votes of the members present and considering the matter.
(9) An airport security committee may invite any person whose presence in its opinion is desirable to attend and participate in the deliberation of the meeting of such a committee but such person shall have no vote.
(10) An airport security committee shall cause minutes to be kept of the proceedings of every meeting of the committee.
7. Functions of Airport Security Committee
The functions of an airport security committee are to–
(a) co-ordinate matters of security among the Government department and other organisations which are involved in the running of the airport;
(b) monitoring the implementation of the airport security programme;
(c) submit, to the Director, reports on the security measures and procedures in force at the airport and on any security issues which cannot be resolved at the airport level;
(d) recommended to the National Civil Aviation Security Committee measures to improve the security of civil aviation; and
(e) ensure that the security measures and procedures which are in force at the airport are adequate to counter any threats to civil aviation and kept, under constant review, such security measures and procedures with a view to managing both normal and emergency situations.
(1) An operator of a designated airport in liaison with relevant state security agencies shall be responsible for the provision of the following security services:
(a) X-ray screening of all luggage;
(b) screening of passengers and, if necessary pursuant to paragraph (a), the manual screening of hand luggage;
(c) screening of staff;
(d) airside security;
(e) control of access to an airport restricted zone;
(f) airport perimeter fencing control;
(g) control of inner gates; and
(h) security in the terminal.
(2) The Director shall appoint a person or institution to provide the following security services in a non-designated airport which may be used for international travel–
(a) screening of persons seeking access into an airport restricted zone and persons intending to embark on any departing flight;
(b) screening of any cargo and mail intended for uplifting by aircraft; and
(c) screening of any person providing any service to an aircraft and any object taken on board the aircraft in connection with that service.
There shall be levied and paid such fees and charges as the Minister may, by statutory order, prescribe, for security service provided by an airport operator or a person or institution appointed by the Director under sub-regulation (2) of Regulation 9.
10. Airport security programme
(1) Every airport operator shall develop and implement an airport security programme which shall conform to the National Civil Aviation Security Programme, Annex 17 of the Convention and the Aviation Security Manual Document and any revision thereof.
(2) An airport security programme referred to in sub-regulation (1) shall–
(a) be a written statement of measures to be adopted by the airport operator at the airport to safeguard civil aviation against acts of unlawful interference; and
(b) be submitted to the Director for approval before its implementation.
(3) An airport security programme shall include–
(a) a map stating restricted and controlled zones at the airport;
(b) measures to prevent the bringing of weapons, explosives or any other devices which may be used to commit an act of unlawful interference, on board an aircraft or into an airport security zone;
(c) procedures to be adopted by airport security staff in response to occurrences and threats to civil aviation;
(d) procedures for the screening of passengers and baggage;
(e) measures to restrict access to the airport and to control the movement of persons and vehicles within the airport;
(f) contingency and emergency plans to deal with any situation which may jeopardise security at the airport;
(g) measures for monitoring the implementation of the airport security programme by stakeholders within the airport;
(h) measures to promote security in the design and construction of new airport of new airport facilities or the expansion of existing airport facilities;
(i) an appropriate security training programme for the airport personnel; and
(j) such other measures as the Director may consider appropriate for the protection of the airport and its facilities.
11. Aircraft operator’s security programme
(1) Every aircraft operator shall develop and implement an aircraft operator’s security programme which shall conform to the National Civil Aviation Security Programme, to Annex 17 of the Convention and to the Aviation Security Manual Document 8973 and any revision thereof.
(2) An aircraft operator’s security programme shall be a written statement of the measures to be adopted by an airline operator to safeguard civil aviation against acts of unlawful interference.
(3) The programme referred to in sub-regulation (2) shall be submitted to the Director for approval, before it is implemented.
(4) An aircraft operator’s security programmes shall include–
(a) measures to be applied in order to protect checked-in baggage, cargo mail and stores and to prevent unauthorised access to any aircraft;
(b) procedures to be adopted by members of the crew and other staff in response to occurrences and threats to civil aviation;
(c) procedures for the screening of passengers and cabin baggage, where an aircraft operator discharges this function;
(d) appropriate measures for co-ordination, where air traffic is handled on behalf of the airport operator by another operator or an agent of the airport operator;
(e) an appropriate security training programme for the aircraft personnel; and
(f) such other measures as the Director may consider appropriate for the protection of aircraft, crew members, passengers, baggage, cargo, mail and stores.
12. Regulated agent’s security programme
(1) Every regulated agent shall draw up and implement a regulated agent’s security programme which shall conform to the National Civil Aviation Security Programme, to Annex 17 of the Convention and to the Aviation Security Manual Document 8973 and any revisions thereof .
(2) A regulated agent’s security programme shall be a written statement of the measures to be adopted by the regulated agent to safeguard civil aviation against acts of unlawful interference and shall be submitted to the Director for approval, prior to implementation.
(3) A regulated agent’s security programme shall include–
(a) measures for the security clearance of cargo, mail stores and supplies;
(b) measures for the protection of cargo, mail, stores or supplies from unlawful interference;
(c) measures to ensure a secure environment for the preparation, storage and conveyance of the cargo, mail, stores and supplies to the aircraft operator;
(d) an appropriate security training programme for the regulated agent’s personnel;
(e) procedures to be adopted by the regulated agent in response to any occurrence or threat; and
(f) such other measures as the Director may consider appropriate for the protection of cargo, mail, stores and supplies intended for use on board in aircraft.
13. Power of Director to designate security zones
(1) The Director may, by notice to airmen, designate–
(a) any area in an airport, building or civil aviation facility as an airport security zone; or
(b) any off-airport station or civil aviation facility as an airport outstation security zone.
(2) An airport security zone may be subdivided into distinct areas according to the nature of the activities to be carried out in such areas.
(3) No person shall enter into or be given access to an airport security zone unless the person–
(a) has a valid airport pass which is displayed in a conspicuous manner; or
(b) is a bona fide passenger or crew member whose presence in the airport security zone is necessary.
(4) A person in charge of a motor vehicle shall not drive, or cause to be driven, such vehicle into an airport security zone unless there has been issued, in respect of that vehicle, a valid airport pass.
(5) A person shall not be permitted to enter, or drive a motor vehicle, into an airport outstation security zone unless the person is duly authorised by the Director or an airport operator, in writing, to enter and there is a valid airport pass issued in respect of the vehicle authorising its entry into the airport outstation security zone.
(6) A person who is providing service at an airport shall apply for an airport pass for every person employed by that person or who is providing services to that person at the airport:
Provided that prior to applying for an airport pass on behalf of an employee or an agent, the applicant shall conduct preliminary security checks in respect of the employee or agent in accordance with the national Civil Aviation Security Programme.
(7) An airport pass shall be issued by a person authorised in writing by the Minister to issue passes, upon payment by the applicant of such fee as may be prescribed by the Minister and shall contain such particulars as may be specified by the Director:
Provided that the issue of an airport pass may be subject to clearance by the Police and security agencies.
(8) The Director shall issue circulars and notices specifying the procedures, requirements and charges for the issue or renewal of an airport pass.
(9) For the purposes of these Regulations, the Minister shall, by notice published in the Gazette, declare the boundaries and description of any area which is designated as an airport security zone or an airport outstation security zone.
14. Restriction of access to controlled zones
(1) Where a person who is authorised to be within a controlled or restricted zone is prosecuted for contravening a special direction issued by the Director, the aerodrome operator may deny such person's access to the controlled or restricted zone, for such period as the aerodrome operator considers necessary, pending the outcome of the case.
(2) Where there is evidence that a service provider or its employees has repeatedly breached any security measure specified in the airport security programme, the aerodrome operator may, within six months of receiving the evidence and after giving notice in writing to the service provider, revoke the service provider licence and deny the service provider access to airport.
(3) An airport operator may deny a person who holds a valid air ticket or other document for a departing flight or who intends to purchase the air ticket inside the airport terminal building, access to the airport terminal building if the airport operator is satisfied that a security risk is associated with that person.
(1) The Director may, by aeronautical information publication, aeronautical information circular, airport circular or notice to operators, issue special directions, not inconsistent with these Regulations, relating to the operation, maintenance and security of any aerodrome in Zambia.
(2) Subject to sub-regulation (1), an airport operator may, by circular, airport security notice or airport operator’s notice, issue special directions, not inconsistent with these Regulations, relating to the management, operation, maintenance, safety and security of the aerodrome for which the airport operator holds a licence.
(3) An aerodrome operator shall not issue any directions concerning a matter in respect of which it is the responsibility of the Director to issue under sub-regulation (1).
(4) No aerodrome operator shall refuse to comply with any direction issued by the Director and which is intended to ensure the safety of aircraft operations or the security of aircraft and their passengers, unless the aerodrome operator satisfies the National Civil Aviation Security Committee that aerodrome operator has put in place alternative measures or proposed measures which have secured, or will secure, the desired objectives of the Director’s direction.
(5) Subject to sub-regulation (1), an aerodrome operator shall, in compliance with the terms and conditions of the aerodrome operator’s licence and pursuant to any directions issued by the Director, take such measures, not inconsistent with these Regulations, as the aerodrome operator deems fit and expedient, to ensure that there has been development and tested contingency plans and procedures for responding to airport and aircraft-related emergencies appropriate for the nature and scale of operations at the airport of which the aerodrome forms a part.
(6) An aerodrome operator may issue directions to airport service providers, passengers, mail and cargo handling agencies, aircraft owners and operators, the Public and visitors to the airport relating to–
(a) the general security and safety of the airport;
(b) the administrative arrangements for granting access into any part of the airport;
(c) the delimitation and definition of restricted and controlled security zones;
(d) the conduct of persons, and presence of motor vehicles and animals, within the airport;
(e) the security measures applicable to persons seeking entry to restricted areas within the airport with intent to board a departing aircraft or any other authorised purpose, and their baggage or other property carried into an airport security zone, whether intended for carriage by air or not; and
(f) the security measures applicable to any vehicle, moveable property, machinery, goods and packages, entering and moving within the airport, whether consigned for transportation by air or brought into the airport in relation to any authorised purpose.
16. Safety and security measures
(1) A person shall not obstruct or impede a public officer, an aerodrome operator, an airport operator or an aircraft operator acting in the exercise of the officer or operator’s powers, or in the performance of the officer or operator’s duties, under these Regulations.
(2) A person shall not, without lawful excuse or justification, fail to comply with any directive or instruction given by an aerodrome operator, an airport operator or an aircraft operator to that person under these Regulations.
(3) Any person who contravenes sub-regulation (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding 6,000 penalty units, or to imprisonment, without the option of a fine, for a period not exceeding six months, or to both.
17. Power of Minister to issue directions
Subject to the provisions of the Act, and notwithstanding the other provisions of these Regulations, the Minister may issue such directions as the Minister considers fit on matters related to aviation security.
{/mprestriction}