Carriage of radio apparatus

(1) Subject to the provisions of paragraph (3) of this regulation and to the provisions of regulation 7– (a) no aircraft shall carry out a flight – (i) in circumstances which require it to communicate by radio with Air Traffic Control in order to comply with the Rules of the Air and Air Traffic Control in Schedule II to the Order unless it is equipped with radio apparatus capable of maintaining two-way communication with the appropriate aeronautical stations at any time during the flight; or (ii) under Instrument Meteorological Conditions within a control area or a control zone unless it is equipped with Civil Aviation 221 radio navigation apparatus capable of enabling the aircraft to be navigated in accordance with the plan submitted to the appropriate Air Traffic Control and with any instructions received from Air Traffic Control. (b) no public transport aircraft, except a public transport aircraft which is being used solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aircraft, shall carry out a (i) under Instrument Flight Rules outside control areas and control zones unless it is equipped with radio apparatus capable of maintaining two-way communication with at least one aeronautical station at any time during the flight and of enabling the aircraft to be navigated in accordance with the plan for the flight; (ii) under Visual Flight Rules over a route where navigation is not or cannot be effected by visual reference to landmarks unless it is equipped with radio apparatus capable of maintaining two-way communication with at least one aeronautical station at any time during the flight and of enabling the aircraft to be navigated in accordance with the plan for the flight; (iii) under Visual Flight Rules or Instrument Flight Rules unless it is equipped with radio apparatus capable of maintaining two-way communication with the 222 Civil Aviation appropriate aeronautical station for purposes of aerodrome control or approach control when arriving at or departing from a designated international airport or an aerodrome in Belize which has been notified for the purposes of this requirement; (iv) under Visual Flight Rules over water beyond gliding distance from the nearest shore unless it is equipped with radio apparatus capable of maintaining continuous communication with an aeronautical station; (v) under Instrument Flight Rules unless it is equipped with radio apparatus capable of receiving containing meteorological information transmitted by aeronautical stations for the assistance of aircraft; provided that if the said messages can be received by means of the radio apparatus carried in the aircraft in accordance with sub- paragraph (b)(i) of paragraph (1) of this regulation additional apparatus for the purpose of this subparagraph need not be provided; or (vi) in the course of which it may have to land at an aerodrome in IFR weather conditions unless it is equipped with radio apparatus capable of receiving signals transmitted by an aeronautical station for the purpose of guiding the aircraft to a point above the aerodrome from which a visual landing can be effected. Civil Aviation 223 (2) Radio apparatus carried in aircraft in accordance with the requirements of this regulation shall be in working order and shall be as notified in respect of the type of apparatus and the radio frequency employed, or, if no such notification is made, shall be suitable for satisfactory operation at the altitude or altitudes at which the flight is planned to be carried out and, in the conditions, obtaining on the route to be flown. (3) In exceptional circumstances exemption from compliance with all or any of the requirements of this regulation and of regulation 7 may be granted by the Governor in respect of any aircraft or type of aircraft and subject to any conditions he may think fit. In particular, the Governor may grant such exemption in any case where, owing to the absence of radio facilities available for air navigation, it appears to him that the carriage in the aircraft of radio navigation apparatus would serve no useful purpose.