Members of flight crew - licences

(1) Subject to the provisions of this Article, a person shall not act as a member of the flight crew of an aircraft registered in the Colony unless he is the holder of an appropriate licence granted or rendered valid under this Order, provided that a person may, within the Colony act as a flight radiotelephony operator without being the holder of such a licence if– (a) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in the Colony to perform duties as a member of the flight crew of an aircraft; and (b) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station by the Governor or 338 Civil Aviation appropriate under any enactment; and (c) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and (d) messages are transmitted only on a frequency exceeding 60 megacycles per second assigned by the Governor for that purpose; and (e) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and (f) the operation of the transmitter requires the use only of external switches; and (g) the stability of the frequency radiated is maintained automatically by the transmitter. (2) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered outside the Colony unless– (a) in the case of an aircraft flying for the purpose of public transport or aerial work he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; and (b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary. Civil Aviation 339 (3) For the purposes of this Article a licence granted under the law of a Contracting State purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall unless the Governor in the particular case gives a direction to the contrary be deemed to be a licence rendered valid under this Order but shall not entitle the holder to act as member of the flight crew of any aircraft flying for the purpose of public transport or aerial work. (4) Notwithstanding the provisions of paragraph (1) of this Article, a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the Colony for the purpose of undergoing training or tests– (a) for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating thereon; or (b) for admission into any of Her Majesty’s naval, military or air forces, without being the holder of an appropriate licence, if the following conditions are complied with– (i) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a of the crew in compliance with this Order, a person authorised by the Governor to witness the aforesaid training or tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained as a member of the flight crew of an aircraft; and 340 Civil Aviation (ii) the person acting as the pilot of the aircraft without being the holder of an appropriate licence shall not be the pilot in command of the aircraft unless within the period of six months immediately preceding he was either the holder of a pilot’s licence (other than a student pilot’s licence) granted under this Order or was serving as a qualified pilot of aircraft in any of Her Majesty’s military, naval or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify. (5) Notwithstanding the provisions of paragraph (1) of this Article, a person may act as a member of the flight crew of an aircraft registered in the Colony without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces. (6) An Appropriate licence for the purposes of this Article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged. (7) This Article shall not apply to a person (other than a flight radio operator) by reason of his acting as a member of the flight crew of a glider which is not flying for the purpose of public transport or aerial work.