Provision for particular cases

(1) Notwithstanding anything contained in Articles 46, 47 and 49 of this Order (hereinafter referred to as “the relevant Articles”) a person shall be deemed not to have contravened any of the provisions of those Articles by reason of a flight made at any time by that person or by another person if the first mentioned person proves– (a) that it was due to an unavoidable delay in the completion of the flight that the person so flying was flying at that time; and (b) that the said first mentioned person could not reasonably be expected to have foreseen before the flight began that the delay was likely to occur. (2) Without prejudice to the provisions of paragraph (2) of Article 74 of this Order and notwithstanding anything contained in the relevant Articles, the commander of an aircraft may make, or authorise any other person to make, and that other person if so authorised may make, a flight in that aircraft which he would, but for this paragraph, be prohibited from making by virtue of any provision contained in the relevant Articles if– (a) that it was due to an unavoidable delay in the completion of the flight that the person so flying was flying at that time; and (b) that the said first mentioned person could not reasonably be expected to have foreseen before the flight began that the delay was likely to occur. 380 Civil Aviation (2) Without prejudice to the provisions of paragraph (2) of Article 74 of this Order and notwithstanding anything contained in the relevant Articles, the commander of an aircraft may make, or authorise any other person to make, and that other person if so authorised may make, a flight in that aircraft which he would, but for this paragraph, be prohibited from making by virtue of any provision contained in the relevant Articles if– (a) it appears to the commander– (i) that arrangements had been made for the flight to be made with such a crew and so as to begin and end at such times that no member of that crew would have been prohibited from making the flight in accordance with those arrangements by any provision contained in the relevant Articles, and that since those arrangements were made the flight has been or will be prevented from being made in accordance with those arrangements by reason of exceptional circumstances or by reason of circumstances which were not foreseen as likely to prevent that flight from being so made; or (ii) that the flight is one which ought to be carried out in the interest of the safety or health of any person; and (b) 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. (3) Where the commander or any other person makes a flight in an aircraft which he or that other person is permitted to make under the last forgoing paragraph, a report in writing that he or Civil Aviation 381 that other person has made that flight, giving full particulars of the circumstances in which it was made and the reasons why the commander made that flight or, as the case may be, authorised that other person to do so, shall be made as soon as is reasonably practicable by the commander to the operator of the aircraft and in any event by the operator to the Governor; and the operator and the commander shall furnish any authorised person with such further information in his possession relating to the flight and to the circumstances in which it was made as that person may require.