Civil Aviation (General Application and Personnel Licensing) Regulations 2007 PDF

Statutory Instruments Supplement No. 1 Supplement to Official Gazette No. 3 dated 7th January, 2008 S.I. 2007 No. 172 Civil Aviation Act (Act 2004-18) CIVIL AVIATION (GENERAL APPLICATION AND PERSONNEL LICENSING) REGULATIONS, 2007 Arrangement of Regulations Regulation PART I Preliminary 1. Citation....

Statutory Instruments Supplement No. 1 Supplement to Official Gazette No. 3 dated 7th January, 2008 S.I. 2007 No. 172 Civil Aviation Act (Act 2004-18) CIVIL AVIATION (GENERAL APPLICATION AND PERSONNEL LICENSING) REGULATIONS, 2007 Arrangement of Regulations Regulation PART I Preliminary 1. Citation. 2. Interpretation. PART II General Administration Practices for all Aviation Documents 3. Applicability of these Regulations. 4. Requirement to have approved licence, rating or authorisation. 5. Specifications of airman licence. 6. Display of aviation document. 7. Amendment of a licence or certificate. 8. Change of address. 9. Replacement of an aviation document. ............... 2 STATUTORY INSTRUMENT Regulation ............... ............... 10. Falsification, unauthorised reproduction or alteration of licence. 11. Revocation, suspension or limitation of aviation document. 12. Effects of surrender, suspension or revocation of aviation document. 13. Re-application after revocation. 14. Re-application after suspension. 15. Voluntary surrender of aviation document. 16. Inability to perform in accordance with medical certificate. 17. Testing for drugs and alcohol. 18. Deviation certificates. 19. Licences issued. 20. Validation of foreign licence. 21. Conversion of foreign licence. 22. General airman ratings. 23. Airmen authorisation. ............... ............... ............... ............... ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 3 Regulation ............... ............... PART III Pilot Licences, Ratings and Authorisations 24. Applicability of this Part. 25. General requirement for student pilot licence. 26. Issue and validity of student pilot licence. 27. Solo requirements for student pilot. 28. General limitations of a student pilot licence. 29. Requirements for student pilot performing solo cross-country flight. 30. Private aircraft, glider and free balloon pilot licence requirements. 31. Private pilot licence aeronautical knowledge requirements. 32. Private glider and free balloon pilot flight instruction requirements. 33. Private pilot skill requirements. 34. Private pilot aeronautical experience requirements. 35. Conversion of a private pilot licence from another Contracting State. ............... ............... ............... ............... ............... ............... ............... 36. Issue of private pilot licence. ............... 4 STATUTORY INSTRUMENT Regulation ............... ............... 37. Privileges and limitations of a private aircraft, glider or free balloon pilot licence. 38. Limitations of private pilot licence with balloon rating. 39. Commercial pilot general requirements. 40. Commercial pilot aeronautical knowledge requirements. 41. Commercial pilot flight instruction requirements. 42. Commercial pilot skill test. 43. Commercial pilot aeronautical experience requirements. 44. Conversion of a commercial pilot licence from another Contracting State. 45. Issue of commercial pilot licence. 46. Commercial pilot licence for additional category and class rating requirements. 47. Commercial pilot licence privileges. 48. Commercial pilot licence limitations. 49. Multi-crew pilot licence general requirements. 50. Multi-crew pilot licence aeronautical knowledge requirements. 51. Multi-crew pilot licence flight instruction requirements. ............... ............... ............... ............... ............... ............... ............... 52. Multi-crew pilot licence skill test. ............... ............... STATUTORY INSTRUMENT 5 Regulation ............... ............... 53. Multi-crew pilot licence experience requirements. 54. Conversion of multi-crew pilot licence from another Contracting State. 55. Issue and validity of airline transport pilot licence. 56. Multi-crew pilot licence privileges. 57. Airline transport pilot licence -- general requirements. 58. Airline transport pilot aeronautical knowledge requirements. 59. Airline transport pilot flight skill requirements. 60. Airline transport pilot aeronautical experience for aeroplane category rating. 61. Airline transport pilot aeronautical experience for rotorcraft and power-lift category. 62. Conversion of an airline transport pilot licence from another Contracting State. 63. Issue and validity of airline transport pilot licence. 64. Airline transport pilot additional category, class and type rating. 65. Privileges of airline transport pilot licence. 66. General requirements for type rating. ............... ............... 67. Special pilot authorisation. ............... ............... ............... ............... ............... 68. Instrument rating requirements. ............... 6 STATUTORY INSTRUMENT Regulation ............... ............... 69. Validity and revalidation of instrument rating. 70. Reissue of instrument rating. 71. Limitations. 72. Credits and exemptions. 73. General requirements for category rating. 74. General requirements for additional class rating. 75. General requirements for Category II and Category III pilot authorisation. 76. Issue of Category II or Category III pilot authorisation. 77. Limitations of Category II and Category III pilot authorisation. 78. Validation of foreign pilot licences. 79. Pilot in command and co-pilot. 80. Category and class rating of pilots. 81. Further limitations on pilots. 82. Exceptions to requirements for training and endorsements. 83. Tail-wheel aeroplane restrictions. 84. Limitations on rating. ............... ............... ............... ............... ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 7 Regulation ............... ............... PART IV Pilot Training Personnel 85. Applicability of this Part. 86. Flight instructor certification. 87. Flight instructor ratings requirements. 88. Aeronautical ground training requirements for flight instructor. 89. Areas of operation for flight proficiency for flight instructor. 90. Issue of flight instructor rating. 91. Additional flight instructor rating. 92. Flight instructor records. 93. Flight instructor privileges. 94. Limitations on flight instructor ratings. 95. Renewal of flight instructor rating. 96. Expired flight instructor rating. 97. Flight test examiner authorisation. 98. Requirements for flight test examiner. ............... ............... 99. Designation of instructors as flight test examiners. ............... ............... ............... ............... ............... 100. Flight test examiner privileges. ............... 8 STATUTORY INSTRUMENT Regulation ............... ............... 101. General requirements for ground instructor authorisation. 102. Ground instructor authorisation. 103. Privileges of ground instructor. 104. Recency requirements for ground instructor. 105. Expired ground instructor authorisation. PART V Flight Engineer Licence 106. Applicability of this Part. 107. General requirements for flight engineer licence. 108. Flight engineer knowledge requirements. 109. Aeronautical experience requirements for flight engineer. 110. Skill requirements of flight engineer. 111. Issue of flight engineer licence. 112. Conversion of flight engineer licence issued by another Contracting State. 113. Flight engineer requirements for an additional aircraft rating. ............... ............... ............... ............... ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 9 Regulation ............... ............... PART VI Testing and Training 114. Applicability of this Part. 115. General training and testing for airmen. 116. Skill test for airmen. 117. Procedures for skill test for airmen. 118. Equipment required for skill test. 119. Re-testing after failure. 120. Flight training and aeronautical experience records. 121. Limitation on the use of flight simulator and flight training devices. 122. Flight training equipment for aeroplane category to be conducted in accordance with approved course. 123. Approved or accepted flight training equipment. 124. Approved or accepted flight training equipment for poweredlift category. 125. Graduates of an approved training programme. ............... ............... ............... ............... ............... ............... ............... ............... 10 STATUTORY INSTRUMENT Regulation ............... ............... PART VII Air Traffic Control Certification 126. Applicability of this Part. 127. Limitations. 128. Issue of air traffic control licences. 129. Air traffic trainee licence requirements. 130. Aeronautical knowledge requirements. 131. Air traffic trainee knowledge requirements. 132. Recommendation by air traffic instructor. 133. Designation of air traffic on-the-job trainer. 134. Issue of air traffic trainee licence. 135. Privileges of an air traffic trainee. 136. Requirements for an air traffic controller licence. 137. Requirements for air traffic controller rating. 138. Issue of air traffic controller ratings. 139. Additional ratings for air traffic controller. ............... ............... 140. Privileges and limitations of ratings. ............... ............... ............... ............... ............... 141. Rest and duty limitations. ............... ............... STATUTORY INSTRUMENT 11 Regulation ............... ............... 142. Requirements for issue of air traffic instructor authorisation. 143. Instructor authorisation. 144. Privileges and limitations of air traffic control instructor rating. 145. Requirements for air traffic on-the-job trainer. 146. Privileges and limitations of air traffic on-the-job trainer. 147. Air traffic controller logbook requirements. PART VIII Flight Operations Officer Licence 148. Applicability of this Part. 149. Flight operations officer licence. 150. Training programme of national air operator. 151. Experience or training requirements for flight operations officer. 152. Exemption where flight dispatcher course is completed. 153. Certificate of competency. 154. Issue of a flight operations officer licence. ............... ............... ............... ............... ............... ............... 155. Privileges and limitations of licence. ............... ............... 12 STATUTORY INSTRUMENT Regulation ............... ............... PART IX Medical Standards and Certification 156. Civil aviation medical examiner. 157. Designation of medical examiner. 158. Duties of medical examiner. 159. Requirements for medical records for airmen. 160. Medical certification. 161. Medical certification requirements. 162. Validation of a medical certificate. 163. Limitation on medical certificate. 164. Renewal of a medical certificate. 165. Deferral of medical examination. 166. Medical examinations standards. PART X Aircraft Maintenance Certification 167. Applicability of this Part. ............... ............... 168. General applicability and eligibility. ............... ............... ............... ............... ............... 169. Issue of ratings. ............... ............... STATUTORY INSTRUMENT 13 Regulation ............... ............... 170. Knowledge requirements for ratings. 171. Director to be provided with evidence re training course. 172. Requirements for aircraft maintenance engineer licence. 173. Aeronautical experience requirements for aircraft maintenance engineer licence. 174. Issue of aircraft maintenance engineer licence. 175. Privileges and limitations of aircraft maintenance engineer licence. 176. Recent experience requirements. 177. Eligibility requirements for aircraft maintenance inspection authorisation. 178. Duration of aircraft maintenance engineer inspection authorisation. 179. Issue of aircraft maintenance engineer inspection authorisation. 180. Renewal of aircraft maintenance engineer inspection authorisation. 181. Privileges and limitations of authorisation. 182. Aviation repair specialist licence. ............... ............... 183. Ratings. ............... ............... ............... ............... ............... 184. Aviation repair specialist licence. ............... 14 STATUTORY INSTRUMENT Regulation ............... ............... 185. Privileges and limitations of an aviation repair specialist. 186. Parachute rigger licence requirements. 187. Issue of parachute rigger licence. 188. Restrictions on parachute rigger licence. 189. Experience, knowledge and skill requirements for a parachute rigger licence. 190. Type ratings for a parachute rigger. 191. Additional type ratings for a parachute rigger. 192. Privileges of a parachute rigger. 193. Facilities and equipment. 194. Performance standards for parachute riggers. 195. Records to be kept by parachute rigger. 196. Seal of parachute rigger. PART XI Aeronautical Service Fees 197. Applicability of this Part. 198. Processing of applications outside Barbados. ............... ............... 199. Payment in advance. ............... ............... ............... ............... ............... 200. Invoices. ............... ............... STATUTORY INSTRUMENT 15 Regulation ............... ............... PART XII Miscellaneous 201. General exemptions. 202. Transitional provisions. 203. Implementing Standards. 204. Director may make Standards or amend Standards. ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... 16 STATUTORY INSTRUMENT ............... ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 17 Civil Aviation Act (Act 2004-18) ............... ............... CIVIL AVIATION (GENERAL APPLICATION AND PERSONNEL LICENSING) REGULATIONS, 2007 The Minister in exercise of the powers conferred on him by section 10 of the Civil Aviation Act, makes the following Regulations: PART I Preliminary 1. These Regulations may be cited as the Civil Aviation (General Application and Personnel Licensing) Regulations, 2007. 2. In these Regulations, Citation. Interpretation. "Act" means the Civil Aviation Act, 2004; Act 200418. "accredited medical conclusion" means the conclusion reached by one or more medical experts acceptable to the Director for the purposes of the case concerned, in consultation with flight operations or other experts as necessary; "aeronautical experience" means pilot time obtained in an aircraft, approved flight simulator or approved flight training device for meeting the training and flight time requirements of these Regulations; ............... ............... ............... ............... ............... ............... ............... "aeronautical knowledge test" means a test on the aeronautical knowledge areas required for an airman licence or rating that can be administered in written form or by a computer; ............... 18 STATUTORY INSTRUMENT "aeronautical product" means any aircraft engine, propeller, or subassembly, appliance, material, part or component to be installed on an aircraft, or any aircraft; ............... ............... "aircraft avionics" means any electronic device -- including its electrical part -- for use in an aircraft, including radio, automatic flight control and instrument systems; "aircraft category" means the classification of aircraft according to specified basic characteristics such as aeroplane, glider, airship, helicopter or free balloon; "aircraft component" means any component part of an aircraft up to and including a complete powerplant and any operational or emergency equipment; "aircraft maintenance programme", means a maintenance programme approved by the Director; "aircraft type" means all aircraft of the same basic design; "airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces, including rotors but excluding propellers and rotating airfoils of a powerplant, landing gear of an aircraft and their accessories and controls; "aircraft maintenance engineer" means a person approved by the Director to perform defined maintenance upon aeronautical products and includes persons similarly qualified by other Contracting States and referred to as "licensed mechanic", "certificated mechanic" or "certified mechanic", "aviation maintenance technician", "aircraft maintenance technician licence holder" or by any other term which means an aircraft maintenance engineer; ............... ............... ............... ............... ............... ............... "airman licence" means either a pilot licence, flight engineer licence, an air traffic control licence, aircraft maintenance licence issued in accordance with these Regulations; ............... ............... ............... ............... STATUTORY INSTRUMENT 19 "air operator" means a person who undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement; ............... "air transport service" means a service for the carriage by air of passengers, cargo or mail; "air traffic control" means a service that promotes the safe, orderly, and expeditious flow of air traffic at airports and during the approach, departure and en route environments; "air traffic control facility" means an area control centre, approach control unit and an airport control tower; "appliance" means any instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, that is installed in or attached to the aircraft and is not part of an airframe, powerplant, or propeller; "approach control service" means an air traffic control service for arriving or departing controlled flights; "approved flight training device", means a flight training device that has (a) a cockpit that accurately replicates a specific make, model and type of aircraft cockpit; and (b) handling characteristics that accurately model the aircraft handling characteristics; ............... ............... ............... ............... ............... ............... ............... "approved maintenance organisation" means an organisation approved by the Director or by a Civil Aviation Authority of another Contracting State to perform specific aircraft maintenance activities including the inspection, overhaul, maintenance, repair and modification and release to service of aircraft or aeronautical products; ............... 20 STATUTORY INSTRUMENT "approved maintenance programme" means a maintenance programme approved by the State of Registry; ............... ............... "approved standard" means a manufacturing, design, maintenance, or quality standard approved by the Director; "approved training" means training carried out under special curricula and supervision approved by the Director; "area control centre" means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction; "area control service" means an air traffic control service for controlled flights in control areas; "authorised instructor" means a person who (a) holds a current flight instructor rating issued under Part IV of these Regulations; or (b) is authorised by the Director to provide ground training, flight simulator training or flight training under these Regulations; "aviation document" means a licence, permit, accreditation, certificate or other document issued by the Minister to a person or in respect of an aeronautical product, airport facility or service; "aviation repair specialist" means a person who holds an aviation repair specialist licence issued in accordance with regulation 184, to perform repair works on specific aeronautical products under the supervision of an air operator or aircraft maintenance organisation; " balloon" means a non-power driven, lighter-than-air aircraft; ............... ............... ............... ............... ............... ............... ............... "Barbadian aircraft" means a civil aircraft registered in Barbados; ............... ............... ............... STATUTORY INSTRUMENT 21 "Barbados air operator certificate" means an air operator certificate issued by the Director under the Act; ............... "Category II operations" means with respect to the operation of aircraft, a straight-in instrument landing system approach to the runway of an airport under a Category II instrument landing system instrument approach procedure issued by the Director or the appropriate authority of another Contracting State; "Category III operations" means with respect to the operation of aircraft, an Instrument Landing System approach to, and landing on, the runway of an airport using a Category III instrument landing system instrument approach procedure issued by the Director or the appropriate authority of another Contracting State; "commercial air transport" means the transport by air of passengers, cargo or mail for remuneration or hire; "competency" means a combination of skills, knowledge and attitudes required to perform a task to the required standard; "complex aeroplane" means an aeroplane that has a retractable landing gear, flaps and a controllable pitch propeller; "co-pilot" means a licenced pilot serving in a piloting capacity other than as pilot-in-command, who is designated as co-pilot and who meets the requirements under these Regulations for such position; "core curriculum" means a set of courses approved by the Director for use by an approved aviation training organisation and its satellite approved aviation training organisations consisting of training that is required for licensing or aircraft ratings, but does not include training for tasks and circumstances unique to a particular user; ............... ............... ............... ............... ............... ............... ............... ............... 22 STATUTORY INSTRUMENT "course" means a programme of instruction to obtain ............... ............... (a) an airman licence; and (b) rating, qualification or authorisation; "course ware" means instructional material developed for each course or curriculum, including lesson plans, flight event descriptions, computer software programmes, audio-visual programmes, workbooks and handouts; "crew resource management" means a programme designed to improve the safety of flight operations by optimizing the safe, efficient and effective use of human resources, hardware and information through improved crew communications and co-ordination; "cross-country" means a flight between a point of departure and a point of arrival following a pre-planned route using standard navigation procedures; "currency" means a period of validity of a medical assessment required for an airman licence; "dual instruction time" means flight time during which a person is receiving flight instruction from a properly authorised pilot on board the aircraft; "error" means an action or inactivity by the flight crew that leads to deviations from organisational or flight crew intentions or expectations; "examiner" means a person designated by the Director to conduct aeronautical knowledge tests or other tests for which he is qualified; ............... ............... ............... ............... ............... "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during flight time; ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 23 "flight information centre" means a unit established to provide flight information service and alerting service; ............... "flight information region" means airspace of defined dimensions within which flight information service and alerting service are provided; "flight simulation training device" means any one of the following three types of apparatus in which flight conditions are simulated on the ground: (a) a flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated; (b) a flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, aircraft systems, and the performance and flight characteristics of aircraft of a particular class; (c) a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions; "flight simulator" means a device that (a) is a full-size aircraft cockpit replica of a specific type, make, model and series of aircraft; (b) includes the hardware and software necessary to represent the aircraft in ground and flight operations; ............... ............... ............... ............... ............... ............... ............... (c) uses a force cueing system that provides cues at least equivalent to those cues provided by a 3-degree freedom of motion system; ............... 24 STATUTORY INSTRUMENT (d) uses a visual system that provides at least a 45-degree horizontal field of view and a 30-degree vertical field of view simultaneously for each pilot; and ............... ............... (e) has been approved or accepted by the Director; "flight test examiner" means a person designated by the Director to conduct an evaluation in an aircraft, flight simulator or a flight training device for a particular type of aircraft for an operator or aviation training organisation; "flight time aircraft" means the total time from the moment an aircraft first moves for the purpose of taking off until the moment it comes to rest at the end of the flight; "flight time (glider)" means the total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the moment it comes to rest at the end of the flight; "flight time helicopter" means the total time from the moment a helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped; "flight training" means training other than ground training, received from an authorised instructor in flight in an aircraft; "flight training device" means an instrument that ............... ............... ............... ............... ............... ............... (a) is a full-size replica of the instruments, equipment, panels, and controls of an aircraft, open or in an enclosed cockpit, including the hardware and software for the systems installed, that is necessary to simulate the aircraft in ground and flight operations; ............... ............... ............... STATUTORY INSTRUMENT 25 (b) need not have a force cueing or visual system; and ............... ............... (c) has been approved or accepted by the Director; "flight training equipment" means an aircraft, flight simulator or a flight training device; "glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; "gyroplane" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axis; "high performance aeroplane" means an aeroplane with an engine of more than 200 horse power; "helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis; "human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations; "inspection" means the examination of an aircraft or aeronautical product to establish compliance with a standard approved by the Director; "inspector" means a person designated by the Director under regulation 3(4) to conduct an inspection, aeronautical knowledge test, skill test and proficiency check, as applicable, for an airman licence and ratings; ............... ............... ............... ............... ............... "instrument approach" means procedure for approach prescribed by the Civil Aviation Authority having jurisdiction over an airport; ............... ............... ............... 26 STATUTORY INSTRUMENT "instrument flight time" means time during which a pilot is piloting an aircraft solely by reference to instruments; ............... ............... "instrument ground time" means time during which a pilot is practising, on the ground, simulated instrument flight in a synthetic flight trainer approved by the Director; "instrument time" means instrument flight time or instrument ground time; "instrument training" means training that is received from an authorised instructor under actual or simulated instrument meteorological conditions; "large aircraft" means an aeroplane having a maximum certified takeoff mass of 5 700 kilogrammes or more or a helicopter having a maximum certified take-off mass of 3 180 kilogrammes or more; "maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including anyone or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair; "medical assessment" means the evidence issued by a Contracting State that the licence holder meets specific requirements of medical fitness following an evaluation by the Licensing Authority of the report submitted by the designated medical examiner who conducted the examination of the applicant for the licence; "medical certificate" means a Class 1, Class 2 or Class 3 medical certificate issued in accordance with Part IX; ............... ............... ............... ............... ............... ............... "minimum equipment list" means a list approved by the Director which provides for the operation of aircraft subject to specified conditions, with particular equipment inoperative, prepared by an air operator or operator of an aircraft, in compliance with or more restrictive than, the master minimum equipment list established for the aircraft type by the aircraft manufacturer and approved in the State of Design; ............... ............... ............... ............... STATUTORY INSTRUMENT 27 "national air operator" means a person who has been issued a Barbados air operator certificate by the Director under the Act; ............... "night" means the hours between the end of evening civil twilight, when the centre of the disc of the sun is 6° below the horizon and the beginning of the morning civil twilight, when the centre of the disc of the sun is 6° below the horizon; "operating position" means an air traffic control function performed within or directly associated with an air traffic control facility; "pilot" means a person holding a student pilot licence, private pilot licence, commercial pilot licence or airline transport pilot licence issued in accordance with these Regulations; "pilot (to)" means to manipulate the flight controls of an aircraft during flight time; "pilot in command" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight; "pilot time" means that time in which a person (a) serves as a required pilot; (b) receives training from an authorised instructor in an aircraft, flight simulator, or approved flight training device; or (c) gives training as an authorised instructor in an aircraft, flight simulator, or approved flight training device; ............... ............... ............... ............... ............... ............... ............... "powered-lift" means a heavier-than-air aircraft capable of vertical takeoff, vertical landing, low speed flight that depends principally on engine-driven lift devices or engine thrust for the lift during these flight regimes and on non-rotating airfoils for lift during horizontal flight; ............... 28 STATUTORY INSTRUMENT "powerplant" means an engine that is used or intended to be used for propelling an aircraft and includes turbo superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers; ............... ............... "problematic use of substances" means the use of one or more psychoactive substances by aviation personnel in a way that: (a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or (b) causes or worsens an occupational, social, mental or physical problem or disorder; "proficiency check" means a competency test on areas of operation to assess continued skills for a licence, certificate, rating, or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight, in a flight simulator, an approved flight training device or in a combination of these; "propeller" means a device for propelling an aircraft that has blades on a powerplant-driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation and includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of powerplants; "psychoactive substances" means alcohol, opiods, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded; "quality system" means documented organisational procedures and policies, internal audit of those policies and procedures, management review and recommendations for quality improvement; ............... ............... ............... ............... ............... ............... ............... "rated air traffic controller" means an air traffic controller holding a licence and valid rating appropriate to the privileges to be exercised; ............... ............... ............... STATUTORY INSTRUMENT 29 "rating" means an authorisation entered on or associated with a licence or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence or certificate; ............... "recency" means the prescribed period of time since an airman last exercised the privileges of his licence, rating or authorisation; "release to service" means an aeronautical product certified as either airworthy or serviceable that is permitted to return to normal operations; "rendering (a licence) valid" means the action taken by a Contracting State as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence; "repair" means the restoration of an aircraft or aeronautical product to a serviceable condition in compliance with an approved standard; "rotorcraft" means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors; "sign a maintenance release (to)" means to certify that maintenance work has been completed satisfactorily in accordance with the applicable standards of airworthiness, by issuing the maintenance release referred to in Annex 6; "skill test" means a competency test on the areas of operations for the initial issue of a licence, certificate, rating, or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight, in a flight simulator, an approved flight training device or in a combination of these; "small airplane" means an airplane having a maximum certified take-off mass of less than 5 700 kilogrammes; ............... ............... ............... ............... ............... "solo flight" means flight time during which a student pilot is the sole occupant of the aircraft, or that flight time during which the student acts as a pilot in command of a gas balloon or an airship requiring more than one flight crew member; ............... ............... ............... 30 STATUTORY INSTRUMENT "solo flight time" means flight time during which a student pilot is the sole occupant of an aircraft; ............... ............... "State of Registry" means the Contracting State on whose register an aircraft is entered; "training programme" means a programme that consists of courses, courseware, facilities, flight training equipment, and qualified personnel necessary to accomplish a specific training objective and may include core curriculum and a specialty curriculum; "training time" means the time spent receiving, from an authorised instructor, flight training, ground training, or simulated flight training in a flight simulator or approved flight-training device; "type rating" means a rating issued with respect to a specific type of aircraft; and "unmanned free balloon" means a non-power-driven, unmanned, lighterthan-air aircraft in free flight. PART II General Administration Practices for all Aviation Documents 3. Applicability of these Regulations. (1) Regulations made under the Act shall apply to all persons (a) operating or maintaining (i) a Barbadian aircraft; (ii) an aircraft registered in another Contracting State that is operated by a person licensed in Barbados and maintained in accordance with the standards of the aircraft State of Registry, wherever that maintenance is performed; and ............... ............... ............... ............... ............... ............... ............... (iii) an aircraft of other Contracting States operating in Barbados; ............... ............... STATUTORY INSTRUMENT 31 (b) certified under these Regulations; and ............... ............... (c) who engage in an operation governed by these Regulations and who do not have the appropriate certificate, operations specification or similar document required as part of the certification. (2) Specific standards applicable to the holder of a certificate shall apply where they conflict with a more general regulation. (3) Foreign air operators who conduct commercial air transport into, from or within Barbados, shall be governed by the provisions of the operations specification issued by the Director, and by those provisions and any other requirements under the Civil Aviation (Foreign Operator) Regulations 2007, that specifically address commercial air transport operations. S.I. 2007 No. 177. (4) The Director may appoint such number of persons to be inspectors for the purpose of carrying out the requirements of the Act. (5) An inspector appointed in paragraph (4), is authorised to act as an examiner in respect of the Act or Regulations made thereunder. (6) The Director may for the purpose of the Act or Regulations, (a) approve persons, processes, procedures, programmes and aviation documents in accordance with the Act or Regulations; (b) accept aviation data, documents or approved documents of another Contracting State; and (c) vary any procedures, processes, programmes or aviation documents approved under the Act or Regulations. ............... ............... ............... ............... ............... ............... ............... ............... Act 200418. Requirement to have approved licence, rating or authorisation. Specifications of airman licence. ............... 32 STATUTORY INSTRUMENT (7) No personal liability shall be attached to any inspector designated in paragraph (4) in respect of any act or omission done, permitted to be done, or omitted in good faith for the purpose of carrying out the requirements of the Civil Aviation Act, 2004 or these Regulations. ............... 4. No person shall perform any aviation related function requiring a licence, rating, authorisation, approval or certificate unless that person has been issued with or has had his licence, rating, authorisation, approval or certificate validated by the Director for the performance of that function. 5. (1) An airman licence issued by the Director under this Part shall (a) be in the prescribed form; (b) be in the English Language; and (c) contain (i) the words "Barbados"; (ii) the title of the licence; (iii) the serial number of the licence, in arabic numerals, given by the Authority issuing the licence; (iv) the name of the holder in full; (v) the date of birth of t he holder; (vi) the address of the holder; ............... ............... (vii) the nationality of the holder; ............... ............... ............... ............... ............... (viii) the signature of the holder; ............... ............... STATUTORY INSTRUMENT 33 (ix) the conditions under which the licence is issued; ............... ............... (x) certification concerning the validity and authorisation for the holder to exercise such privileges appropriate to the licence; (xi) the signature of the officer issuing the licence and the date of such issue; (xii) a seal or stamp of the authority issuing the licence; (xiii) ratings, such as category, class, type of aircraft, airframe and airport control; (xiv) remarks, including special endorsements relating to limitations and endorsements for privileges, including an endorsement for language proficiency; (xv) a photograph and such other details as required by the Director. (2) Item headings on a licence shall be uniformly numbered in roman numerals as indicated in paragraph (1)(c), so that on any licence the number will, under any arrangement, refer to the item heading. (3) An airman's licence issued in accordance with these Regulations shall be so issued without a specific expiration date. (4) The exercise of any of the privileges of an airman's licence issued under these Regulations shall be dependent upon the validity of such licence in respect of (a) the medical currency of such airman's licence; ............... ............... (b) the competency of the airman; and ............... ............... ............... ............... ............... (c) the recency of experience of the airman. ............... 34 STATUTORY INSTRUMENT (5) Notwithstanding paragraph (4)(a), a person is not required to hold a current medical certificate where he is exercising the privileges set out in the Part A Section 1 of the General Application and Personnel Licensing Standards. ............... Display of aviation document. ............... 6. (1) A person required by the Act or Regulations, to have an airman's licence or aviation document, shall have it in his physical possession, readily accessible in the aircraft or at his work site when exercising the privileges of such licence or aviation document. (2) A person referred to in paragraph (1), shall produce the licence or aviation document for inspection by the Director or an inspector upon request, or within a time to be determined by the Director or the inspector. (3) In order to act as a pilot or flight engineer of a Barbadian aircraft and a civil aircraft of foreign registration within Barbados, a pilot shall have in his physical possession or readily accessible in the aircraft a valid pilot licence, or a valid flight engineer licence as applicable. (4) A person who holds a flight instructor rating shall have the rating, or other documentation acceptable to the Director, in his physical possession or readily accessible in the aircraft when exercising the privileges of that rating. (5) A person required by these Regulations to have a current medical certificate shall have it in his physical possession or readily accessible in the aircraft or at his work site when exercising the privileges of the licence or authorisation which requires such current medical certificate for its validity. (6) A holder of an air operator's certificate shall display such certificate in a place in the facility that is normally accessible to the public and that is not obscured. ............... ............... ............... ............... ............... (7) The owner or operator of an aircraft shall ensure that the airworthiness certificate of the aircraft and the certificate of aircraft registration are carried in the cockpit of the aircraft. ............... ............... ............... ............... ............... STATUTORY INSTRUMENT 35 (8) The holder of an approved maintenance organisation certificate shall prominently display that certificate in a place accessible to the public in the principal business office of the approved maintenance organisation. 7. (1) A holder of a licence or certificate issued under the Act or Regulations may apply to change the name on the licence or certificate. ............... Amendment of a licence or certificate. (2) An application in paragraph (1), shall be accompanied by (a) the current licence or certificate; and (b) a copy of the marriage certificate, court order or other document verifying the change of name. (3) The documents specified in paragraph (2), shall be returned to the airman by the Director, after they have been verified. 8. A holder of an aviation document issued by the Director, who has made a change to his permanent mailing address, shall not, after 30 days from that date, exercise the privileges of the licence or certificate unless he has notified the Director in writing of the new permanent mailing address, or current residential address where the permanent mailing address includes a post office box number. Change of address. 9. (1) A person who has lost or destroyed an aviation document issued under these Regulations shall request a replacement in writing from the Director. Replacement of an aviation document. (2) A request made in paragraph (1), shall state (a) the name of the applicant; ............... ............... ............... ............... ............... ............... (b) the permanent mailing address, or where the permanent mailing address includes a post office box number, the current residential address of the applicant; ............... ............... 36 STATUTORY INSTRUMENT (c) an official personal identification number; ............... ............... (d) the date and place of birth of the airman or applicant; and (e) any available information regarding the (i) grade, number, and date of issuance of the licence, and the ratings, where applicable; (ii) date of the medical examination, where applicable; and (iii) date when the knowledge test was taken, where applicable. (3) Upon receiving information by facsimile or other medium from the Director confirming that the lost or destroyed document has been reissued, the facsimile may be used in lieu of the lost or destroyed document for up to 30 days pending the receipt of the duplicate document. Falsification, unauthorised reproduction or alteration of licence. 10. (1) Where applying for any licence, certificate, rating, qualification, authorisation or duplicate, a person shall not make or cause to be made (a) any fraudulent or intentionally false statement; or (b) fraudulent entry in any logbook, record or report required by the Act or Regulations. (2) No person shall make any reproduction of or alteration to any licence, certificate, rating, qualification or authorisation for a fraudulent purpose. ............... ............... ............... ............... ............... ............... (3) A person who commits any act prohibited under this Regulation may have his airman's licence, rating, certificate, qualification, or authorisation suspended or revoked. ............... ............... ............... ............... STATUTORY INSTRUMENT 11. (1) The Director may, where safety of flight is affected, after due enquiry (a) suspend; 37 Revocation, suspension or limitation of aviation document. ............... (b) revoke; or (c) limit, an aviation document issued by him where the Director is not satisfied that the holder (i) is a fit and proper person to hold such aviation document; or (ii) continues to meet the conditions of issuance or the requirements prescribed under the Act or Regulations. (2) Before revoking or limiting an aviation document under paragraph (1), the affected party shall be given (a) at least 28 days notice in writing of the intention to so revoke or limit and the reasons for such proposal; and (b) an opportunity to make representations as to why the aviation document should not be revoked or limited. (3) Notwithstanding paragraph (2), where it is determined that the safe operation of the aircraft is adversely affected, the aviation document may be suspended in part or in whole without prior notice until the procedures set out in paragraph (2) are completed. ............... ............... ............... ............... ............... (2) A holder of any licence or certificate issued under these Regulations shall return the licence or certificate to the Director where the licence or certificate has been suspended or revoked. Effects of surrender, suspension or revocation of aviation document. ............... 12. (1) An aviation document issued by the Director shall cease to have effect where it is surrendered, suspended, or revoked. ............... ............... 38 STATUTORY INSTRUMENT (3) Where an aviation document issued by the Director has been revoked the Director shall cause a notice of such revocation to be published in the daily newspapers in Barbados. ............... Reapplication after revocation. 13. A person whose aviation document has been revoked shall not apply for any licence, certificate, rating, or authorisation for one year from the date of revocation, unless otherwise authorised by the Director. Reapplication after suspension. 14. A person whose aviation document has been suspended shall not apply for a licence, rating, or authorisation during the period of suspension, unless otherwise authorised by the Director. Voluntary surrender of aviation document. 15. (1) The holder of an aviation document issued under the Act or Regulations made thereunder may voluntarily surrender the aviation document for ............... (a) cancellation; (b) issuance of a lower grade licence; or (c) another licence with specific ratings deleted. (2) An applicant who voluntarily surrenders his aviation document shall submit a signed statement in the form set out in the General Application and Personnel Licensing Standards. Inability to perform in accordance with medical certificate. 16. A person who holds a current medical certificate issued under these Regulations shall not act in a capacity for which that medical certificate is required where he (a) knows or has suspicion of any medical condition that would make him unable to meet the requirements for the required medical certificate; or ............... ............... ............... ............... ............... ............... ............... (b) is taking medication or receiving other treatment for a medical condition that results in him being unable to meet the requirements for the required medical certificate. ............... ............... ............... STATUTORY INSTRUMENT 17. (1) A person who performs any function requiring a licence, rating, qualification, or authorisation under the Act or Regulations, directly or under contract for a certificate holder and who fails a drug or alcohol test may 39 Testing for drugs and alcohol. ............... (a) be denied any licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations for a period of up to one year after the date of final conviction; or (b) have his licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations made thereunder suspended or revoked. (2) A person who is convicted for the violation of any national or international statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of illegal narcotic drugs, marijuana, depressant or stimulant drugs or substances, may (a) be denied any licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations for a period of up to one year after the date of final conviction; or (b) have his licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations suspended or revoked. (3) A person who is subject to these Regulations and who (a) refuses to submit to a drug or alcohol test, when requested by the Director or his authorised representative; or (b) refuses to furnish or to authorise the release of the test results requested by the Director may ............... be denied any licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations, for a period of up to one year after the date of that refusal; or ............... ............... ............... (i) ............... ............... ............... ............... 40 STATUTORY INSTRUMENT (ii) have his licence, certificate, rating, qualification, or authorisation issued under the Act or Regulations suspended or revoked. ............... Deviation certificates. ............... 18. (1) No person shall introduce a procedure which is contrary to those prescribed in the Act or Regulations. (2) Notwithstanding paragraph (1), where circumstances warrant deviation from prescribed procedures, a certificate holder may apply to the Director for a deviation certificate. (3) Where the Director determines that the deviation applied for in paragraph (2), is equivalent to what is required, he may approve the use of such procedure by granting a deviation certificate. (4) An alternative procedure referred to in paragraph (3) (hereinafter referred to as "an equivalent safety case"), shall only be considered on an individual case by case basis and would be conditional upon compliance with any supplementary conditions the Director considers to be necessary to ensure equivalent safety. (5) A request for a deviation certificate shall be made in a form and manner prescribed and submitted to the Director at least 60 days before the date the deviation is necessary for the intended maintenance, preventive maintenance, modification or operation. (6) A request for a deviation certificate referred to in paragraph (5), shall contain a statement of the circumstances, justifications and alternate method proposed for the deviation requested, and show that a level of safety shall be maintained equal to that provided by the rule from which the deviation is sought. ............... ............... ............... ............... ............... ............... (7) A national air operator or person who receives a deviation certificate shall ensure that the appropriate management personnel authorised by an approved maintenance organisation to certify aircraft or aircraft components for release to service, and other personnel, are notified of the deviation, including the extent of the deviation and when the deviation is terminated or amended. ............... ............... ............... ............... STATUTORY INSTRUMENT 41 (8) Notwithstanding the 60 day requirement for submission referred to in paragraph (5), where the deviation required is one which necessitates immediate implementation, a national air operator may submit a request for such deviation within a shorter period and where he shows that such deviation is necessary in the interest of safety, the Director may authorise the use of such deviation for a prescribed period. 19. The Director may issue the following licenses under this Part: ............... Licences issued. (a) student pilot licence; (b) private pilot licence in respect of an aeroplane, airship, helicopter and powered-lift; (c) commercial pilot licence in respect of an helicopter, airship and powered-lift; (d) airline transport pilot licence in respect of an helicopter and powered-lift; (e) flight engineer licence; (f) air traffic controller licence; (g) aircraft maintenance engineer licence; (h) aviation repair specialist licence; (i) parachute rigger licence; (j) free balloon pilot licence; (k) glider pilot licence; and ............... ............... flight operations officer. ............... ............... ............... (l) ............... ............... ............... ............... 42 STATUTORY INSTRUMENT Validation of foreign licence. 20. The Director may validate a licence issued by another Contracting State, by issuing a suitable authorisation to be carried with the foreign licence with such limitations and restrictions as the Director may see fit. Conversion of foreign licence. 21. The Director may issue a Barbados airman licence to an applicant who holds a valid airman licence issued by another Contracting State with such limitations and restrictions as the Director may see fit. General airman ratings. 22. (1) The Director may, in issuing a pilot licence under the Act, grant the following ratings for pilots: ............... (a) category ratings in the following aircraft: (i) aeroplane; (ii) helicopter; (iii) glider; (iv) airship of a volume of more than 4 600 cubic metres; (v) powered-lift; and (vi) free balloon; (b) class ratings in the following aircraft certificated for single pilot operations: (i) single-engine, land; (ii) single-engine, sea; (iii) multi-engine, land; and ............... ............... ............... ............... ............... ............... ............... (iv) multi-engine, sea; ............... ............... STATUTORY INSTRUMENT 43 (c) type ratings in the following aircraft: ............... ............... (i) large aircraft, other than lighter-than-air; (ii) small turbojet powered aeroplanes; (iii) small helicopters for operations requiring a Barbados air operator certificate; (iv) aircraft certified for at least two pilots; and (v) any aircraft considered necessary by the Director; (d) instrument ratings for the following aircraft: (i) aeroplane; (ii) helicopter; (iii) powered-lift; and (iv) airship; (e) flight instructor rating for the following aircraft: (i) aeroplanes; (ii) airships; (iii) helicopters; and (iv) powered-lift. ............... ............... ............... ............... ............... (2) The Director may determine the category, class, or type rating to be placed on a pilot licence when issuing that licence, provided the rating reflects the appropriate category, class, or type aircraft used to demonstrate aeronautical knowledge and skill for its issuance. ............... ............... ............... 44 STATUTORY INSTRUMENT (3) The Director may issue the following ratings for flight engineers: ............... ............... (a) reciprocating engine powered rating; (b) turbopropeller powered rating; and (c) turbojet powered rating. 23. The Director may issue the following authorisations: Airmen authorisation. (a) Category II pilot authorisation; (b) Category III pilot authorisation; (c) flight test examiner authorisation; (d) ground instructor authorisation; (e) special