Application, interpretation and modification of Part V

(1) Articles 44 to 48, inclusive, of this Order apply in relation to an aircraft if, but only if, it is an aircraft registered in the Colony which is either– (a) engaged on a flight for the purpose of public transport, or (b) operated by an air transport undertaking, provided that the said Articles shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or a flying school, or a person who is not an air transport undertaking. (2) In this Part of this Order, the following expressions shall, except where the context otherwise requires, have the meanings hereby respectively assigned to them, that is to say368 Civil Aviation (a) “flight time”, in relation to any person, means all time spent by that person in an aircraft while it is in flight and he is carried therein as a member of the flight crew thereof; (b) “duty period”, in relation to any person who flies in an aircraft as a member of the flight crew thereof, means any continuous period throughout which he is, under the provisions of paragraph (3) or (4) of this Article, to be treated as being on duty, provided that where two or more periods which would, but for this proviso, be separate duty periods are separated by an interval of less than 10 hours, the period starting when the first of those duty periods began and finishing when the last of them ended shall be treated as constituting a single continuous duty (c) “rest period”, in relation to any person, means any continuous period no part of which forms part of a duty period of that person. (3) For the purposes of this Part of this Order, a person who is employed under a contract of service to fly in an aircraft as am member of the flight crew thereof shall be treated as being on duty at any time when in the course of that employment he flies in any aircraft (whether as a member of it crew or as a passenger and whether or not the aircraft is such an aircraft as is referred to in paragraph (1) of this Article) or he is otherwise acting in the course of that employment, provided that when he is not flying in an aircraft– (a) subject to paragraph (c) of this proviso, he shall not be treated as being on duty during any period which he is allowed for rest; Civil Aviation 369 (b) subject to paragraph (c) of this proviso, he shall not be treated as being on duty at any time by reason only of his being required at that time to be available at a particular place to report for duty if required to do so; (c) he shall be treated as being on duty at any time when he is required to be available at a particular place to report for duty if required to do so if– (i) that place is at an aerodrome; or (ii) that place, not being at an aerodrome, is a place at which his employer requires persons similarly employed to be available as aforesaid and adequate facilities for rest are not available for his use while he is required to be so available. (4) For the purposes of this Part of this Order, a person who flies in an aircraft as a member of the flight crew thereof, otherwise than in the course of his employment under a contract of service to fly as aforesaid, shall be treated as being on duty at any time when, in connection with any business of operating aircraft, he flies in any aircraft (whether as a member of its crew or as a passenger and whether or not the aircraft is such an aircraft as is referred to in paragraph (1) of this Article) or does any work. (5) For the purposes of this Part of this Order, references to a person flying in an aircraft as a member of the flight crew thereof include references to the operator of the aircraft who himself flies in the aircraft in any such capacity and references to the work and other duties which a person is required or permitted to by an operator to carry out shall in any such case be construed as references to any work carried out by the 370 Civil Aviation operator in connection with the management of aircraft or with any business which includes the flying of aircraft. (6) Notwithstanding the provisions of this Article and Articles 44 to 50 of this Order, the Governor may by regulations modify or replace the provisions of this Article (other than this paragraph) or any or all of those Articles in their application to the Colony if he considers that the prevention of excessive fatigue of flight crew of aircraft registered in the Colony will thereby be more suitably ensured.