Interpretation

(1) In this Order, unless the context otherwise requires“Act” means Civil Aviation Act, 1949; “Aerial Work” means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight; “aerial work aircraft” means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work; “Aerial Work undertaking” means an undertaking whose business includes the performance of aerial work; Civil Aviation 403 “Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre; “Aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the take-off and landing of aircraft, and which has been licensed as an aerodrome under the Principal Order; “Aeronautical light” means any light established for the purpose of aiding air navigation; “Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft; “Air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome to give instructions and advice by means of radio signals to aircraft in the interests of safety and “Air traffic control service” shall be construed accordingly; “Air transport undertaking” means and undertaking whose business includes the carriage by air of passengers or cargo for hire or reward; “Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being; “Appropriate air traffic control unit” means in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being; “Authorised person” for the purposes of any provision of this Order means any person authorised by the Governor either generally or in relation to a particular case or class of cases, and references to a person authorised by the Governor include references to the holder for the time being of any office designated by the Governor; 404 Civil Aviation “Authority” means the East African Common Services Authority(a), provided that until the Authority is established references thereto shall be construed as references to the East African High Commission; “Beneficial interest” has the same meaning as in Section 57 of the Merchant Shipping Act, 1894(a); “Cargo” includes mail and animals; “Central and Southern Line Islands” means the Islands of Malden, Starbuck, Vostock, Caroline and Flint; “Certificate of airworthiness” includes any validation thereof and any flight manual or performance schedule relating to the “Certificate of maintenance” and “certificate of compliance” have the meanings respectively assigned to them by paragraph (1) of Article 6 and paragraph (3) of Article 7 of this Order; “Colony” has the meaning assigned to it by Article 76 of this Order and includes the dependencies of the Colony and the adjacent territorial waters; “Commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person the person who is for the time being the pilot in command of the aircraft; “Commonwealth” means the United Kingdom, any of the Channel Islands, the Isle of Man, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, the federation of Malaya. The Federation of Nigeria, the Republic of Cyprus, Sierra Leone, the Federation of Rhodesia and Nyasaland and any other part of Her Majesty’s dominions and includes any Civil Aviation 405 country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction; “Competent authority” means in relation to the Colony, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation; “Congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes; “Contracting State” means any State (including the United Kingdom) which is a party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the 7th day of December, 1944; “Controlled airspace” means control areas and control sones; “Control area” means airspace which has been notified as such, and which extends upwards from a notified altitude; “Control Zone” means airspace which has been notified as such and which extends upwards from the surface; “Co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft; “Country” includes a territory except in subparagraph (b) of paragraph (3) of this Article; “Crew” has the meaning assigned to it by paragraph (5) of this “The East African Territories” means the Colony and Protectorate of Kenya, Tanganyika and the Uganda Protectorate; 406 Civil Aviation “Flight” and “to fly” have the meanings respectively assigned to them by paragraph (4) of this Article; “Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft; “Government aerodrome” means any aerodrome in the Colony which is under the control of the Governor or is in the occupation of any Government Department or visiting force; “Governor” means the officer for the time being administering the Government of the Colony, and in relation to the West Indies includes the Governor- General of the Federation of the West Indies, and in relation to Zanzibar means the person for the time being performing the functions of British Resident, Zanzibar; “High Commission” means the East Africa High Commission established by the East Africa (High Commission) Order in Council 1947(a); “Instrument Flight Rules” means Instrument Flight Rules contained in Section VI of the Twelfth Schedule to this Order; “To land” in relation to aircraft includes alighting on the water; “Legal personal representatives” has the same meaning as in Section 742 of the Merchant Shipping Act, 1894; “Licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted; “Licence for public use” has the meaning assigned to it by paragraph (2) of Article 61 of this Order; Civil Aviation 407 “Licenced aerodrome” means an aerodrome licenced under this “Lifejacket” includes any device designed to support a person individually in or on the water; “Lighthouse authority” means any authority in the Colony in which the care and management of lighthouses is by law vested; “Maximum total weight authorised” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft; “Military aircraft” includes the naval, military or air force aircraft of any country and– (a) any aircraft being constructed for the naval, military or air forces of any country under a contract entered into by the Minister; (b) any aircraft belonging to Her Majesty in respect of which there is in force a certificate issued by the Admiralty or the Secretary of State that the aircraft is to be treated for the purposes of the Air Navigation Order, 1960(a), as a military aircraft; and (c) any aircraft in respect of which there is in force a certificate as aforesaid issued by the Minister; “Minister” means the Minister of Aviation in the United Kingdom; “Nautical mile” means a distance of 6,080 feet; 408 Civil Aviation “Night” means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level; “Notified” means shown in any of the following publication issued in the Colony whether before or after the coming into operation of this Order, that is to say, “Notams (Notices to Airmen”, “Information Circulars”, or such other official publication so issued for the purpose of enabling any of the provisions of this Order to be complied with; “Operator” has the meaning assigned to it by paragraph (6) of this Article; “Organization” means “the East African Common Services Organization” (b), provided that until the Organization is established references thereto shall be construed as references to the East Africa High Commission; “Pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the “Prescribed” means prescribed by regulations made by the Governor under this Order, and the expression “prescribe” shall be construed accordingly; “Prototype aircraft” means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which has not previously been investigated in connection with any such application; ‘Prototype (modified) aircraft” means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which, in part, has not Civil Aviation 409 previously been investigated in connection with any such “Public transport” has the meaning assigned to it by paragraph (7) of this Article; “Public transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public “Replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded; “Rules of the Air and Air Traffic Control” has the meaning assigned to it by paragraph (1) of Article 56 of this Order; “Scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service; “Seaplane” has the same meaning as for the purpose of Section 52 of the Act; “State aircraft” means military aircraft and aircraft used in customs and police services; “Visual Flight Rules” means Visual Flight Rules contained in Section V of the Twelfth Schedule to this Order. Twelfth (2) In this Order references to sums expressed in terms of “pounds” “shillings” or “pence” shall be construed as references to the equivalent sums in the currency of the Colony calculated at such rate of exchange as may be prescribed or as the Governor may by order direct. 410 Civil Aviation (3) In its application to any territory which is mentioned in the Fifteenth Schedule to this Order but is not mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order, 1954(a), as amended from time to time, this Order shall have effect as if– (a) the whole of paragraph (2) was omitted from (b) the words “or as a member of a visiting force” were omitted from paragraph (4) of Article 78; and (c) in paragraph (1) of this Article the words “or visiting force” were omitted from the definition of “Government aerodrome” (4) In relation to any territory which is mentioned in the Fifteenth Schedule to this Order and is also mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order, 1954, as amended from time to time, the expression “visiting force” in this Order means any such body, contingent or detachment of the forces of any country as is a visiting force for the purpose of any of the provisions of the Visiting Forces Act, 1952(b), which extend to that territory, in respect of that country, by virtue of any Order in Council made under subsection (2) of section 1 or under section 15 of that Act. (5) An aircraft shall be deemed to be in flight– (a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing; (b) in the case of a pilotless flying machine, or a glider from the moment when it first moves Civil Aviation 411 for the purpose of taking off until the moment when it next comes to rest after landing; (c) in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon, and the expressions “a flight” and “to fly” shall be construed accordingly. (6) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof. (7) References in this Order to the operator of an aircraft are, for the purpose of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, provided that for the purposes of the application of any provision in Part II of this Order when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days the forgoing provisions of this paragraph shall have effect as if that agreement had not been entered into. (8) Subject to the provisions of this paragraph, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport– (a) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or (b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an 412 Civil Aviation air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors and, in the case of a corporation established by the Air Corporations Act, 1949(a), members of the corporation), persons authorised by the Governor to witness the training or tests referred to in paragraph (4) of Article 15 of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or (c) for the purposes of Part II of this Order, if hire or reward is given or promised for the right to fly the aircraft on that flight otherwise than under a hire-purchase agreement. (9) where under a transaction effected by or on behalf of a member of unincorporated association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be deemed to be given or promised if the transaction were effected otherwise than as aforesaid, hire or reward shall, for the purposes of this Order, be deemed to be given. (10) The expressions appearing in the “General Classification of Aircraft” set forth in Part A of the First Schedule to this Order shall have the meaning thereby assigned to them. (11) The Interpretation Act, 1889(b), shall apply, with necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purposes of interpreting, and in relation to, Acts of Parliament of the United Kingdom. (12) A power to make regulations under this Order shall include the power to make different provisions with respect to Civil Aviation 413 different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different part of the Colony. (13) Any power conferred by this Order to issue, make, serve or grant any instrument shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument. (14) in paragraph (13) “instrument” includes any regulation, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, log book record or other document.