Grant and renewal of licences to members of flight crew

(1) The Governor may grant licences, subject to such conditions as he thinks fit, of any of the following classes– (a) student pilot’s licence; (b) private pilot’s licence (flying machines); Civil Aviation 341 (c) commercial pilot’s licence (flying machines); (d) senior commercial pilot’s licence (flying machines); (e) airline transport pilot’s licence (flying machines); (f) private pilot’s licence (balloons and airships); (g) commercial pilot’s licence (balloons); (h) commercial pilot’s licence (airships); (i) commercial pilot’s licence (gliders); (j) flight navigator’s licence; (k) flight engineer’s licence; (l) flight radiotelephony operator’s general (m) flight radiotelephony operator’s restricted (n) flight radiotelephony operator's licence; (o) flight radiotelephony operator's temporary upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence, and undergo such examinations and tests (including in particular medical examinations) as the Governor may require of him. A licence of any class shall not be granted to any person who is under the 342 Civil Aviation minimum age specified for that class of licence in Part A of the Ninth Schedule to this Order. (2) Subject to any conditions of the licence, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Ninth Schedule under the heading “privileges”, Ninth Schedule. provided that– (a) subject to the provisions of paragraph (10) of this Article, and paragraph (4) of Article 15 and paragraph (1) of Article 19 of this Order a person shall not be entitled to perform any of the functions specified in Part B of the said Schedule in respect of a rating unless his licence includes that rating; (b) a person shall not be entitled to perform any of the functions to which his licence relates if he knows or has reason to believe that his physical condition renders him temporarily or permanently unfit to perform such function. (3) The Governor may, if he is satisfied that the applicant is qualified as aforesaid to act in the Capacity to which the rating relates, include in a licence a rating of any of the classes specified in Part b of the said Ninth Schedule, and such rating shall be deemed to form part of the licence and shall entitle the holder to perform such functions as are specified in Part B of the said Schedule in respect of that rating. An instrument rating (referred to in the said Schedule) may be renewed by any person appointed by the Governor for that purpose, if that person is satisfied by a test that the applicant continues to be competent to perform the functions to which the rating relates. The test shall be carried out either in flight or by means of apparatus approved by the Governor in which flight conditions are stimulated on the ground. Civil Aviation 343 (4) A licence and a rating shall, subject to the provisions of Article 54 of this Order, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the Ninth Schedule to this Order, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit and proper person and is qualified as aforesaid. Ninth Schedule. (5) Upon receiving a licence granted under this Article, the holder shall forthwith sign his name thereon in ink with his ordinary signature. (6) Every holder of a licence, other than a flight radiotelephony operator’s licence, granted under this Article shall submit himself to medical examination, by a person approved by the Governor, upon applying for the renewal of the licence and upon such other occasions as the Governor may require. (7) Every holder of a licence, other than a flight radiotelephony operator’s licence, granted under this Article or rendered valid under Article 17 of this Order who suffers– (a) any personal injury involving incapacity to undertake the functions to which his licence relates; or (b) any illness involving incapacity to undertake those functions throughout a period of twenty days or more, shall inform the Governor in writing of such injury or illness, as soon as possible in the case of an injury, and as soon as the period of twenty days has elapsed in the case of illness. (8) A licence, other than a flight radiotelephony operator’s licence, granted under this Part of this Order shall be deemed to be suspended upon the occurrence of such an injury, or the 344 Civil Aviation elapse of such period of illness as is referred to in paragraph (7) of this Article. The suspension of the licence shall cease– (a) upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions under the licence; or (b) upon the Governor exempting the holder from the requirement of a medical examination, subject to such conditions as the Governor may think fit. (9) A licence granted under this Article shall be deemed to be suspended upon the pregnancy of the holder being diagnosed and shall remain suspended until the holder has been medically examined after the termination of the pregnancy and pronounced fit to resume her duties under the licence. (10) Nothing in this Order shall be taken to prohibit the holder of a commercial pilot’s, senior commercial pilot’s or airline transport pilot’s licence (flying machines) from acting as pilot in command of a flying machine carrying passengers by night by reason of the lack of a night rating in his licence.