CHAPTER 444 - AVIATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Air Navigation Regulations

Aviation (Insurance for Private Aircraft) Regulations

Aviation (Government Aerodromes) Regulations

Aviation (Obstructions, Lights and Smoke) Regulations

Aviation (Rules of the Air) Regulations

Civil Air Ensign Regulations

Aviation (Exemption of Gliders) Notice

Aviation (Aerodrome Fees) Regulations

Aviation (Parking of Motor Vehicle at Designated Airports) Regulations

Aviation (Air Navigation Facility and Service Charges) Regulations

Aviation (Emergency Powers) (Aircraft Navigation Control) Notice

Aviation (Aircraft Navigation Control) Notice

Aviation (Security Charges) Regulations

Aviation (Security) Regulations

AIR NAVIGATION REGULATIONS

[Section 4]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Appointment of officers

   4.   Aircraft to which these Regulations apply

   5.   Offences and penalties

   6.   Application to State aircraft

   7.   Nationality of aircraft

   8.   Powers of Director in relation to maintenance, etc., of locally registered aircraft

   9.   Exemptions

PART II
REGISTRATION AND MARKS ON AIRCRAFT

   10.   Unregistered aircraft not to fly

   11.   Permission for unregistered aircraft to fly

   12.   Registration

   13.   Restrictions on and cancellation of registration

   14.   Registration void on change of ownership

   15.   Registration void if aircraft destroyed

   16.   Aircraft not to fly without appropriate marks

   17.   Marks on locally registered aircraft

   18.   Use of State marks

PART III
CERTIFICATES OF AIRWORTHINESS

   19.   Meaning of "aircraft" in Part III

   20.   Certificate to be in force

   21.   Issue, renewal and validation of certificates

   22.   Classification of aircraft

   23.   Restrictions on use of classified aircraft

   24.   Access to establishments

PART IV
INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT

   25.   Aircraft to which Part IV applies

   26.   Instruments and equipment: for all flights

   27.   Instruments and equipment: special circumstances

   28.   Instruments and equipment: public transport flying machines

   29.   Instruments and equipment: public transport gliders

   30.   Instruments and equipment: gliders: special circumstances

   31.   Instruments and equipment: free balloons

   32.   Instruments and equipment: captive balloons

   33.   Approval of instruments, equipment and installation

   34.   First-aid equipment

   35.   Revoked

PART V
INSPECTION, OVERHAUL, REPAIR AND MODIFICATION OF AIRCRAFT

   36.   Aircraft to which Part V applies: inspection by authorised persons

   37.   Approval of modifications

   38.   Requirements for overhauls, repairs, replacements and approved modifications

   39.   Certification of overhauls, repairs, replacements and approved modifications

   40.   Work by private owners

PART VI
WEIGHING OF AIRCRAFT

   41.   Aircraft to which Part VI applies

   42.   Weighing

   43.   Weight schedules

   44.   Weights to be affixed

   45.   Alterations of weight schedules

PART VII
CERTIFICATES OF MAINTENANCE

   46.   Certification of public transport aircraft

   47.   Inspection of public transport aircraft for issue of certificate

   48.   Form of certificates

   49.   Certificates in ink or indelible pencil

PART VIII
SAFETY PRECAUTIONS

   50.   Precautionary action to be taken by person in command

   51.   Exemption of training aircraft

   52.   Weight and performance requirements for public transport aircraft

   53.   Measurement of distances for assessing performance

   54.   Loading and load sheets

   55.   Flights over water

   56.   Miscellaneous

PART IX
NAVIGATIONAL RESTRICTIONS, MANAGEMENT OF AIRCRAFT AND SAFETY PROVISIONS

   57.   Specified areas

   58.   Power to restrict flying

   59.   Carriage of munitions of war forbidden

   60.   Carriage of dangerous goods

   61.   Restrictions on captive balloons, kites and moored airships

   62.   Imperiling safety of aircraft

   63.   Drunkenness

   64.   Smoking

   65.   Notices in aircraft

   66.   Exists in aircraft

   67.   Persons not to be carried in certain parts of aircraft

   68.   Towing

   69.   Control of aircraft by young persons

   70.   Special signals and other communications

PART X
OPERATIONAL TRAINING AND OPERATIONS MANUAL

   71.   Training of operating crew, Operations Manual and aerodrome meteorological minima

PART XI
OPERATING CREW

   72.   Holding of licenses

   73.   Operating crew to be carried

   74.   Duty time limitations for flight crews

   75.   Crediting of flight time

PART XII
LOG BOOKS AND DOCUMENTS

   76.   Log books for aircraft

   77.   Log books

   78.   Flying log books

   79.   Entries in log books

   80.   Documents to be carried in aircraft

   81.   General provisions

   82.   Production of documents

   83.   Powers of Director as to cancellation, etc., of documents

   84.   Forgery, etc., of documents

PART XIII
RADIOCOMMUNICATION AND TELECOMMUNICATIONS SERVICE

   85.   Aircraft to carry radio apparatus

   86.   Types of apparatus: modification: carriage of licensed operators

   87.   Operation of aircraft station

   88.   Laws relating to radiotelegraphy and radiotelephony

   89.   Definition

   89A.   Telecommunication Service Charges

PART XIV
PERSONNEL LICENSING REQUIREMENTS

   90.   General provisions

   91.   Exemptions

   92.   Flying instruction

   93.   Privileges of instrument rating

   94.   Qualifying conditions for towing rating

   95.   Practice flights

   96.   Qualifying flights for license extensions

   97.   Requirements

   98.   Student pilot

   99.   Private pilot

   100.   Commercial pilot

   101.   Senior commercial pilot

   102.   Airline transport pilot

   103.   Commercial pilot (soaring gliders)

   104.   Commercial pilot (trailing gliders)

   105.   Instrument rating requirements

   106.   Assistant instructor’s rating

   107.   Instructor’s rating

   108.   Instructor’s rating (towed gliders)

   109.   Towing rating requirements

   110.   Age of applicant and period of license for flight navigator

   111.   Age of applicant and period of license for flight engineer

   112.   Age of applicant and period of license for cabin attendant’s license

   113.   Age of applicant and period of license for flight radiotelephony operator

   113A.   Age of applicant and period of license for Air Traffic Controller’s license

   113B.   Age of applicant and period of license for Aeronautical Station Operator’s license

   114.   Medical requirements

   115.   Age of applicant and period of license for Licensing and duties of aircraft maintenance engineers

   115A.   Age of applicant and period of license for Telecommunication and Navigation Aids engineer’s License

PART XV
AERODROMES

   116.   Licensing of aerodromes

   117.   Authorisation by Director

   118.   Charges at and accessibility of aerodromes

   119.   Use of Government and designated aerodromes

   120.   Passenger aerodromes

   121.   Noise on aerodromes

   122.   Prohibition of entry on aerodromes

PART XVI
INVESTIGATION OF ACCIDENTS

   123.   Application of Part XVI

   124.   Interpretation of terms in Part XVI

   125.   Notification of accidents

   126.   Interference with aircraft

   127.   Appointment of inspectors

   128.   Boards of inquiry

   129.   Powers of boards of inquiry

   130.   Remuneration and costs

   131.   Reports of boards of inquiry

PART XVII
GENERAL AND SUPPLEMENTARY

   132.   Civil Air Ensign

   133.   Stowaways

   134.   Power to prevent flights

   135.   Powers of authorised persons and police officers

   136.   Obstruction of authorised persons

   137.   Department not liable

   138.   Changes of address

   139.   Statistical returns

   140.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

[Regulations by the Minister]

Act 13 of 1994,

GN 246 of 1954,

GN 641 of 1954,

GN 151 of 1957,

GN 269 of 1957,

GN 130 of 1962,

GN 71 of 1963,

GN 387 of 1963,

GN 497 of 1964,

SI 153 of 1965,

SI 221 of 1968,

SI 345 of 1969,

SI 212 of 1973,

SI 33 of 1984,

SI 48 of 1985,

SI 113 of 1986,

SI 66 of 1987,

SI 174 of 1987,

SI 175 of 1987,

SI 98 of 1988,

SI 177 of 1989,

SI 87 of 1991,

SI 63 of 1991,

SI 7 of 1991,

SI 130 of 1994,

SI 163 of 1996,

SI 87 of 2003.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Air Navigation Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“aerial work aircraft” means an aircraft of any class other than a public transport aircraft which is flown for remuneration payable to the operator of such aircraft in respect of the flight or in respect of the purpose for which the flight is carried out;

“aeroplane” means a flying machine supported in flight by fixed wings;

“airship” means an aircraft having gas lighter than air as a means of support, which has means of propulsion and means of directional control;

“approved” means approved by the Director;

“authorised person” means any member of the inspection staff appointed in terms of regulation 3 or any person acting under the instructions of the Director;

“balloon” means an aircraft having gas lighter than air as a means of support which has no means of propulsion;

“captive balloon” means any balloon moored to or towed from the ground or water;

“certificate of airworthiness” includes any flight manual or performance schedule relating to and required to be carried with the certificate under the law of the country in which the certificate is issued;

“certificate of maintenance” means a certificate of maintenance issued in terms of regulation 8 or Part VII;

“class”, in relation to flying machines, means either single-engine land, or single-engine sea, or multi-engine land, or multi-engine sea flying machines;

“contracting State” means any State which is a party to the Convention; "controlling authority", in relation to a Government aerodrome, means—

      (a)   the Director;

      (b)   the officer appointed to be the Commander of the Air Force under the provisions of section 165 of the Defence Act; or

      (c)   the officer in control of such aerodromes;

as the case may be;

“description”, in relation to aircraft, refers to—

      (a)   the purpose for which an aircraft is, or intended to be, flown; and

      (b)   any physical characteristics of an aircraft (including its weight and its engines, instruments, equipment and apparatus) which may be material for the purpose with respect to which the expression is used;

“designated aerodrome” means any public aerodrome operated by a Commercial enterprise registered by the Registrar of Companies in Zambia;

“Director” means the Director of Civil Aviation appointed in terms of regulation 3;

“flying machine” means an aircraft heavier than air and having means of mechanical propulsion;

“free balloon” means a balloon floating freely in the air;

“glider” means an aircraft heavier than air, not fixed to the ground and having no means of mechanical propulsion, but having means of directional control;

“goods” includes mails and animals;

“Government aerodrome” means—

      (a)   any aerodrome under the control of the Director;

      (b)   any aerodrome belonging to or under the control of the Defence Force;

“instrument flight rules” bears the meaning assigned to it in the Aviation (Rules of the Air) Regulations;

“kite” means a non-mechanically driven aircraft, heavier than air, moored to or towed from the ground or water;

“land” and "landing", in relation to aircraft, include alighting on water;

“license” includes any certificate of competency required to be held in connection with any license by the law of the country in which such license is granted;

“licensed aerodrome” means any aerodrome licensed in terms of these Regulations;

“military aircraft” includes any naval, military and air force aircraft, and any aircraft commanded by a person in naval, military or air force service detailed for the purpose of commanding such aircraft;

“nautical mile” means a distance of 6,080 feet;

“night” means the hours of darkness from 15 minutes after sunset until 15 minutes before sunrise or any other time when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 5,000 yards;

“notified” means shown in any notice to airmen, notice to aircraft owners and aircraft maintenance engineers, or any other circular or publication issued by the Director for the purposes of these Regulations;

“operating crew”, in relation to an aircraft, includes pilots, flight navigators, flight engineers, flight radio operators, and flight radiotelephony operators;

“passengers carried for hire or reward” includes persons carried in aircraft for the purpose of instruction in flying for which payment is made:

Provided that, for the purpose of determining whether a pilot is required to hold a license to fly aircraft carrying passengers or goods for hire or reward, a member of a recognised club, carried in an aircraft belonging to the club for the purpose of instruction or otherwise, shall not, if the pilot is also a member of the same club, be deemed to be a passenger carried for hire or reward, notwithstanding that payment is made in respect of such instruction;

“person in command”, in relation to an aircraft, means, if any person other than the pilot in charge is in command, such person, and in any other case, the pilot in charge;

“person in control”, in relation to an aerodrome, includes any person having a right to control the aerodrome and, in the case of a licensed aerodrome, the licensee thereof;

“personnel”, in relation to an aircraft, includes the operating crew and any other persons having any duties to perform in such aircraft;

“primary airframe structure” means those portions of an aircraft, exclusive of the engines, the failure of which would seriously endanger such aircraft or any persons therein;

“private aircraft” means any aircraft of any class other than a public transport or aerial work aircraft;

“privilege” means any right conferred by a license entitling the holder of such license to perform any function to which such license relates;

“prototype aircraft” means any aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which, in whole or in part, has not previously been investigated in connection with any such application;

“public transport aircraft” means an aircraft of any class—

      (a)   carrying passengers or goods for hire or reward; or

      (b)   comprised in a combination of aircraft where an aircraft is towing other aircraft, if any such aircraft, either towing or being towed, is carrying passengers or goods, but does not include any aircraft carrying passengers or goods if the carriage of such passengers or goods—

      (i)   is not for hire or reward and is not effected by an air transport undertaking; or

      (ii)   is effected by an air transport undertaking but the passengers are persons in control of or in the employment of such undertaking and the goods are goods belonging to such undertaking;

“qualified instructor” means a person holding a pilot’s license, which includes a rating to act in the capacity of instructor or assistant instructor;

“radio” is to be interpreted as a general term applied to the use of electromagnetic waves of frequencies between 10 kilocycles a second and 3,000,000 megacycles a second;

“radio apparatus” includes all apparatus, including any ancillary equipment, for sending or receiving by means of radio;

“rating” means an entry in a license specifying a privilege or limiting the effect of a privilege;

“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 operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them;

“second pilot” means a pilot duly licensed under the provisions of these Regulations and performing piloting duties under the direction of the pilot in charge of the aircraft;

“series aircraft” means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which is similar in every respect to the design of a prototype aircraft in respect of which a certificate of airworthiness has previously been issued;

“State aircraft” means military aircraft and aircraft used in Customs and police services;

“type”, in relation to aircraft or engines, means any design which in the opinion of the Director constitutes a type;

“visual flight rules” bears the meaning assigned to it in the Aviation (Rules of the Air) Regulations.

[Am by GN 641 of 1954, 151 and 269 of 1957; SI 153 of 1965, 221 of 1968, 87 of 1991.]

3.   Appointment of officers

There shall be a Director of Civil Aviation and such other officers as members of the inspection staff as may be necessary for carrying out the provisions of these Regulations.

4.   Aircraft to which these Regulations apply

These Regulations apply (unless the contrary intention appears) to or in relation to—

      (a)   all locally registered aircraft and personnel wherever they may be;

      (b)   all other aircraft when in or over Zambia and their personnel.

[Am by GN 387 of 1963.]

5.   Offences and penalties

   (1) Save as is provided in sub-regulation (2), any person who contravenes these Regulations or any provision thereof or who, in accordance with the provisions of sub-regulation (4), is deemed to have contravened these Regulations, shall be liable on conviction to a fine not exceeding six thousand penalty units or to imprisonment without the option of a fine for a period not exceeding six months, or to both.

   (2) Any person who contravenes or fails to comply with, or who in accordance with the provisions of sub-regulation (4), is deemed to have contravened or failed to comply with any of the following provisions:

      (a)   sub-regulation (3) of regulation 10;

      (b)   sub-regulation (7) of regulation 115;

      (c)   sub-regulation (10) of regulation 90;

      (d)   paragraph (b) (iv) of sub-regulation (5) of regulation 90:

      (e)   regulation 80;

      (f)   regulation 81;

      (g)   regulation 82;

      (h)   sub-regulation (2) of regulation 83;

      (i)   paragraph (b) of sub-regulation (2) of regulation 118;

shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units or, in the case of a second or subsequent conviction for a like offence, to a fine not exceeding three hundred penalty units.

   (3) If anybody corporate contravenes or fails to comply with any provision of these Regulations, any person who, at the time of the commission of the offence, was a director, general manager, secretary or other similar officer of such body corporate or was purporting to act in any such capacity, shall be deemed to be guilty of such contravention or default unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his office in that capacity and to all the circumstances.

   (4) If an aircraft contravenes or fails to comply with any provision of these Regulations, the operator of the aircraft and the person in command (unless he is also the operator) thereof shall, without prejudice to the liability of any other person under that provision, be deemed to have contravened or failed to comply with such provision unless he proves that the contravention or default—

      (a)   was due to accident, stress of weather, or other unfavourable cause; or

      (b)   took place without his actual fault or privity.

[Am by Act 13 of 1994.]

6.   Application to State aircraft

No State aircraft other than a locally registered aircraft shall fly over or, unless it is required to land in terms of regulation 12 of the Aviation (Rules of the Air) Regulations, shall land in Zambia unless—

      (a)   such flight or landing has been authorised by the Minister; and

      (b)   the aircraft is flown in accordance with the terms and conditions of such authorisation.

[Am by GN 269 of 1957, 387 of 1963.]

7.   Nationality of aircraft

An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered.

8.   Powers of Director in relation to maintenance, etc, of locally registered aircraft

Notwithstanding anything to the contrary in these Regulations, the Director may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations the maintenance of a locally registered aircraft which is maintained in accordance with the requirements of the law relating to airworthiness of any contracting State specified by the Minister and in such case—

      (a)   a certificate of maintenance (in such form as may be approved by the Director for the purpose) in respect of the aircraft issued by a person authorised in writing by the Director in that behalf and in accordance with that authority shall be a valid certificate of maintenance for the purposes of these Regulations; and

      (b)   an aircraft maintenance engineer’s license granted or rendered valid by the duly competent authority under the law of the contracting State specified as aforesaid shall, for the purposes of these Regulations, be a valid maintenance engineer’s license in accordance with the privileges endorsed on the license and subject to any conditions imposed by the Director.

[Am by SI 221 of 1968.]

9.   Exemptions

The Minister may, by written authority, exempt from the provisions of these Regulations or any of them any government or aircraft or persons or classes of aircraft or persons, and such exemption may in any particular case be subject to any conditions or limitations which in the circumstances of that case may appear to him to be required.

[Am by GN 151 of 1957.]

PART II
REGISTRATION AND MARKS ON AIRCRAFT

10.   Unregistered aircraft not to fly

   (1) No aircraft shall fly within Zambia unless it is registered in—

      (a)   a contracting State; or

      (b)   a country with which a special convention relating to air navigation entered into by or on behalf of the Government is for the time being in force:

Provided that the Director may, in such special circumstances and subject to such conditions or limitations as he may think fit, temporarily exempt from the provisions of this sub-regulation any aircraft not registered in terms of paragraph (a) or (b).

   (2) An aircraft registered in a country with which such a special convention as aforesaid is in force shall, in addition to complying with the provisions of these Regulations, also comply with the conditions of that convention.

   (3) An aircraft exempted under the proviso to sub-regulation (1) shall carry, in addition to other documents which it is required by these Regulations to carry, a certificate, granted either by the Director or by the competent authority in the country in which the aircraft is registered, certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted.

   (4) If any aircraft flies in contravention of sub-regulation (1) and in a manner or in circumstances such that, if the said aircraft had been a locally registered aircraft, an offence against these Regulations would have been committed, the like offence shall be deemed to have been committed in respect of the said aircraft.

[Am by GN 387 of 1963; SI 153 of 1965.]

11.   Permission for unregistered aircraft to fly

   (1) Notwithstanding anything in regulation 10 contained, an aircraft may fly within Zambia unregistered if and so long as it is flown for the purpose of or in connection with any experiment or test, or for any other purpose for which it appears to the satisfaction of the Director that the aircraft may be permitted to fly unregistered:

Provided that in any such case the aircraft shall be flown in accordance with the provisions of these Regulations, or as may be specified in a special permission in writing given by the Director.

   (2) An aircraft flying in pursuance of the provisions of sub-regulation (1) shall be deemed to be registered in Zambia for the purposes of these Regulations.

[Am by GN 387 of 1963.]

12.   Registration

   (1) The registration of aircraft in Zambia shall be carried out by the Director.

   (2) Application for registration of an aircraft shall be made to the Director and the applicant shall furnish the Director with such particulars relating to the aircraft and the ownership thereof as he may require in connection with the application and with such evidence as he may require in support thereof.

   (3) The register of locally registered aircraft shall show, in respect of each aircraft registered,

the person appearing to the Director to be owner for the time being of such aircraft, hereinafter referred to as "registered owner" (which expression shall be deemed to include the personal representative or in the case of a body corporate, the successor of that person) and such further particulars as the Director may fix.

   (4) After completion of the registration, the Director shall issue a certificate of registration.

[Am by GN 387 of 1963.]

13.   Restrictions on and cancellation of registration

   (1) An aircraft shall not be registered in Zambia—

      (a)   if it appears to the Director that such aircraft is already registered in any other country; or

      (b)   unless it appears to the Director that such aircraft is owned wholly by persons qualified to be owners of an aircraft registered in Zambia.

   (2) The following persons shall be qualified to be owners of a locally registered aircraft—

      (a)   citizens of Zambia or persons bona fide resident in Zambia or such other persons as the Director may approve; and

      (b)   bodies corporate—

      (i)   established under and subject to the law of Zambia; or

      (ii)   established under and subject to the laws of such other country as the Minister may approve.

   (3) If the usual station of an aircraft and its ordinary area of operation are not situated in Zambia and the owner of the aircraft is neither resident nor has his principal place of business in Zambia, the Director may decline to accept an application for registration of the aircraft in Zambia, or, as the case may be, to permit the aircraft to remain registered in Zambia if in his opinion the aircraft could more suitably be registered in some other country.

   (4) The Director may decline to accept an application for registration of an aircraft in Zambia if in the circumstances it appears to him to be inexpedient in the public interest that the aircraft should be so registered.

   (5) The registration of any locally registered aircraft may be cancelled at any time by the Director as from a date to be specified by him on his being satisfied that the ownership of the aircraft is not as shown on the register, or that such registration is not in conformity with the provisions of subregulation (1), or that the aircraft could more suitably be registered in some other country, or that it is inexpedient in the public interest that the aircraft should remain registered in Zambia, and thereupon the certificate of such registration shall become void as from the specified date.

[Am by GN 387 of 1963; SI 153 of 1965.]

14.   Registration void on change of ownership

   (1) If there is any change in the ownership of any locally registered aircraft—

      (a)   the registered owner shall forthwith notify the Director in writing of the change and the date thereof; and

      (b)   the registration and the certificate thereof shall become void as from the date of the change.

   (2) For the purposes of this regulation, there shall be deemed to be a change in the ownership of an aircraft if—

      (a)   any registered owner ceases to be an owner; or

      (b)   any person other than a registered owner becomes owner; or

      (c)   the aircraft ceases to be owned wholly in conformity with the provisions of sub-regulation (2) of regulation 13.

15.   Registration void if aircraft destroyed

If any locally registered aircraft is destroyed or permanently withdrawn from use, the registered owner shall forthwith notify the Director in writing accordingly and the registration and the certificate thereof shall become void as from the date of the notification.

16.    Aircraft not to fly without appropriate marks

No aircraft shall fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by the law of that country, and no aircraft shall bear any mark purporting to indicate that it is registered in a country in which it is not registered.

17.    Marks on locally registered aircraft

   (1) Locally registered aircraft shall bear in the manner prescribed in this regulation the nationality and registration marks described in this regulation.

   (2) The nationality mark of the aircraft shall be the figure and capital letter "9J" and the registration mark shall be a group of three capital letters in Roman character assigned by the Director on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.

   (3) The nationality and registration marks—

      (a)   shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the manner provided in the First Schedule;

      (b)   shall be inscribed, together with the full name and address of the registered owner of the aircraft, on a fireproof metal plate affixed in a prominent position to the fuselage or car or basket and near the main entrance to the aircraft; and

      (c)   shall always be kept clean and visible.

[Am by SI 153 of 1965.]

18.   Use of State marks

An aircraft other than a State aircraft shall not bear any mark or sign appropriated for use on a State aircraft.

PART III
CERTIFICATES OF AIRWORTHINESS

19.   Meaning of "aircraft" in Part III

In this Part, unless the context otherwise requires—

“aircraft” includes the engines, components, accessories, instruments, equipment and apparatus, and their installations.

20.   Certificate to be in force

   (1) Subject to the provisions of sub-regulation (2), no aircraft shall fly or attempt to fly unless—

      (a)   there is in force in respect thereof a certificate of airworthiness, duly issued or rendered valid under the law of the country in which the aircraft is registered; and

      (b)   any conditions on which the certificate was issued or rendered valid are duly complied with.

   (2) Sub-regulation (1) shall not apply—

      (a)   in the case of—

      (i)   a balloon not carrying passengers for hire or reward; or

      (ii)   a kite; which is to be flown within Zambia; or

      (b)   in the case of any locally registered aircraft which is to be flown for the purpose of or in connection with any experiment or test or for any other purpose for which it appears to the satisfaction of the Director that the aircraft may be permitted to fly without a certificate of airworthiness being in force in respect thereof:

Provided that in any such case the aircraft shall be flown in accordance with the conditions specified in a special permission in writing given by the Director or in accordance with the following conditions—

      (i)   an application for the issue or renewal of a certificate of airworthiness in respect of the aircraft or of a validation of such a certificate or an application for the approval of modifications under regulation 37 shall be made prior to the flight;

      (ii)   the aircraft shall be a series aircraft;

      (iii)   the flight shall be carried out only for the purpose of either qualifying for the issue or renewal of a certificate of airworthiness or a validation of such a certificate or obtaining the approval of modifications or for the purpose of testing radio apparatus installed in such aircraft;

      (iv)   the flight shall take place wholly within 10 nautical miles of the place of departure which shall be a licensed aerodrome, a Government aerodrome or an aerodrome used in connection with an aircraft factory;

      (v)   the aircraft shall not fly over any town or populous area, over any assembly of persons in the open air, or over any aerodrome where at the time conditions are such as to make the flying of the aircraft dangerous;

      (vi)   the flight shall not be forbidden by the Director.

   (3) Paragraphs (iv) and (v) of the proviso to sub-regulation (2) shall not apply to any locally registered aircraft which is flown for the purpose mentioned in paragraph (b) of sub-regulation (2) if such flight is being made for the purpose of testing the radio apparatus installed in the aircraft, and the aircraft may be flown to and within the vicinity of the radio testing station suitable for the carrying out of the said tests which is nearest to the place of departure.

[Am by GN 387 of 1963.]

21.   Issue, renewal and validation of certificates

   (1) A certificate of airworthiness in respect of an aircraft may be issued by the Director if he is satisfied that the aircraft complies with the requirements approved by him in respect of—

      (a)   design;

      (b)   construction, including workmanship and materials;

      (c)   instruments and equipment;

      (d)   weighing; and

      (e)   flying trials and other tests;

and if the aircraft, when fitted with an engine or engines, is fitted with an engine or engines of which an approval in writing has been given by him or under his authority or by the duly competent authority in the country of manufacture of such engine or engines:

Provided that the Director may delegate the power of granting the aforesaid approval to any person or body of persons that he may nominate to do so.

   (2) When the Director has issued a certificate of airworthiness in respect of a prototype or prototype (modified) aircraft, he may dispense with all or any of the tests aforesaid in the case of a series aircraft conforming with such prototype or prototype (modified) aircraft.

   (3) The following provisions shall have effect with respect to a certificate of airworthiness:

      (a)   such particulars relating to the aircraft in respect of which the certificate is issued as may be determined by the Director shall be specified in the certificate or in a flight manual which may be issued by the Director or by the duly competent authority in the country of manufacture of the aircraft;

      (b)   the certificate shall be issued on such conditions as the Director may think fit, which shall be specified in the certificate or such flight manual;

      (c)   the particulars specified in the certificate or such flight manual may from time to time be varied by the Director on sufficient grounds being shown to his satisfaction;

      (d)   the conditions specified in the certificate or such flight manual may from time to time be varied by the Director if he is satisfied that they may be properly relaxed or that reasonable doubt exists as to whether they afford a sufficient margin of safety;

      (e)   a flight manual issued as provided by paragraph (a) shall be deemed to form part of the certificate with which it is issued and shall be carried with that certificate.

   (4) A certificate of airworthiness issued by the Director shall, subject to the provisions of sub-regulation (7) and of regulation 83, remain in force for such period as may be shown therein but may be renewed as provided in sub-r66egulation (6).

   (5) If a certificate of airworthiness has been duly issued under the laws of any other country in respect of any locally registered aircraft, the Director may issue a validation conferring on that certificate, subject to such conditions and for such period as he may think fit, the same validity as if it had been issued under the provisions of these Regulations or may, if he thinks fit, issue a new certificate of airworthiness in respect of the aircraft under the said provisions.

   (6) The Director may from time to time renew a certificate of airworthiness issued or rendered valid or a validation issued in accordance with the provisions of these Regulations on being furnished with such evidence as he may require with respect to the condition of the aircraft to which the certificate or validation relates, and if such validation has been issued he may, if he thinks fit and on being furnished with such evidence, issue a new certificate of airworthiness in respect of the aircraft under the same provisions instead of renewing the validation.

   (7) As a condition of the renewal or continuing validity of a certificate of airworthiness or a validation of such a certificate issued under these Regulations, the Director may require that such work as appears to him to be necessary for ensuring the safety of the aircraft shall be carried out within a given period.

[Am by SI 153 of 1965.]

22.   Classification of aircraft

   (1) Any aircraft in respect of which a certificate of airworthiness has been issued or validated under the provisions of these Regulations shall be classified as belonging to one or more of the following categories and to one or more of the following subdivisions—

      (a)   Normal Category—

subdivision (a), public transport for passengers;

subdivision (b), public transport for mails;

subdivision (c), public transport for goods;

subdivision (d), private;

subdivision (e), aerial work;

subdivision (h), demonstration;

subdivision (i), crew familiarisation.

      (b)   Semi-aerobatic Category—

subdivisions (a) to (e) and (h) and (i) as in the Normal Category.

      (c)   Aerobatic Category—

subdivisions (a) to (e) and (h) and (i) as in the Normal Category.

      (d)   Special Category—

subdivision (f), racing or record;

subdivision (g), research or experimental;

subdivisions (h) and (i) as in the Normal Category.

   (2) (a) If it is desired to have any aircraft classified in subdivision (e), (f), (g), (h) or (i), the particular purposes for which it is proposed to use such aircraft should be quoted on the form of application for the issue or validation of a certificate of airworthiness.

      (b) An application for the re-classification of an aircraft should be made in writing and forwarded to the Director. The aircraft may be re-classified if it conforms to the requirements applicable to the proposed classification.

23.    Restrictions on use of classified aircraft

(1) Any locally registered aircraft being flown in accordance with a certificate of airworthiness or a validation of such a certificate issued under these Regulations may be used only in such manner and for such purposes as may be specified in that certificate of airworthiness or validation in accordance with the category and subdivisions thereof in which the aircraft is classified.

   (2) The conditions specified in sub-regulation (1) shall apply in the case of an aircraft registered in any foreign country when being flown in Zambia in accordance with a certificate of airworthiness or validation issued by the country of registration.

[Am by GN 387 of 1963; SI 153 of 1965.]

24.   Access to establishments

If an application has been made for a certificate of airworthiness in respect of an aircraft, any person authorised in writing by the Director shall at all times during working hours while the aircraft is under construction have the right of access to any place in any establishment to which access is necessary for the purpose of inspecting the manufacture or assembly of any part of the aircraft or any drawings of any part of the aircraft.

PART IV
INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT

25.   Aircraft to which Part IV applies

The provisions of this Part shall apply to locally registered aircraft when flying or about to fly.

26.   Instruments and equipment: for all flights

According to the class and description of the aircraft and the circumstances of the flight, there shall be carried in the aircraft and maintained in a fit condition for immediate use the following instruments and equipment, and the devices to be used and the precautionary measures to be taken for the purpose of securing the safety of the aircraft shall be as prescribed hereunder:

In flying machines for all flights—

      (a)   the instruments, equipment and devices required by the Director, or by the duly competent authority in the country of manufacture, for the issue of a certificate of airworthiness in respect of the particular aircraft;

      (b)   maps or charts to cover the whole route of the proposed flight and any route to which the pilot in charge of the flying machine may reasonably expect to be diverted. Information to which the pilot in charge may need to refer in flight in order to comply with the rules;

      (c)   first-aid kit, except in the case of private flying machines;

      (d)   spare electrical fuses for all electrical circuits, the fuses of which can be replaced in flight, consisting of 10 per centum of the number of each rating, or three of each rating, whichever is the greater;

      (e)   in flying machines designed to manoeuvre on the water, the equipment for making the sound signals specified in regulation 24 of the Aviation (Rules of the Air) Regulations.

[Am by GN 269 of 1957.]

27.   Instruments and equipment: special circumstances

The items specified in this regulation and in regulation 28, in so far as they may not be included in the requirements specified in regulation 26, shall also be carried by flying machines in the cases indicated in this regulation or in regulation 28, whichever may be applicable.

   (1) In flying machines for flights by night—

      (a)   the equipment for displaying the lights described in regulation 73 and, if the flying machine is designed to manoeuvre on the water, regulation 74 of the Aviation (Rules of the Air) Regulations;

      (b)   in flying machines not equipped with radio-communication apparatus, equipment for making the visual signal specified in sub-regulation (2) of regulation 47 of the Aviation (Rules of the Air) Regulations;

      (c)   adequate electrical illumination, supplied from the main source of supply in the flying machine, for the instruments and equipment (including maps) the carriage of which is prescribed and the illumination of which is necessary to enable use to be made of them during flight;

      (d)   turn-and-slip indicator, or a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.

   (2)    ...

[Revoked by SI 212 of 1973.]

   (3)    ...

[Revoked by SI 212 of 1973.]

   (4) In flying machines for flights made under Instrument Flight Rules—

      (a)   turn-and-slip indicator;

      (b)   gyroscopic bank and pitch indicator;

      (c)   gyroscopic direction indicator;

      (d)   two sensitive altimeters adjustable for changes in barometric pressure, one of which may be the altimeter required for the issue of a certificate of airworthiness;

      (e)   timepiece with a centre seconds hand;

      (f)   means of indicating that the power supply to the gyroscopic instruments is working satisfactorily;

      (g)   rate of climb and descent indicator;

      (h)   in flying machines of which the maximum total weight authorised exceeds 12,500 lb., a means of indicating the outside air temperature;

      (i)   in flying machines of which the maximum total weight authorised exceeds 12,500 lb., two air speed indicators;

      (j)   approach chart for each aerodrome specified in the flight plan.

      (k)   an alternative supply for the static pressure line or lines;

   (5) In flying machines for flights involving aerobatic manoeuvres- safety harness for every seat in use.

[Am by GN 269 of 1957; SI 212 of 1973.]

28.   Instruments and equipment: public transport flying machines

In public transport flying machines—

   (1) For all flights—

      (a)   safety harness for every seat in use by a member of the crew;

      (b)   safety belt or safety harness for every passenger’s seat and means of indicating to the passengers when they should be fastened;

      (c)   sensitive altimeter adjustable for changes in barometric pressure, unless the altimeter required for the issue of the certificate of airworthiness meets this condition;

      (d)   timepiece with a centre seconds hand;

      (e)   turn-and-slip indicator, or a gyroscopic bank and pitch indicator and a gyroscopic direction indicator;

      (f)   such other instruments, equipment and supplies as the Director may, at his discretion, require to be carried on flights across notified areas where search and rescue would be especially difficult, or in the particular circumstances of the case.

   (2) For flights by night or under Instrument Flight Rules by public transport flying machines the maximum total weight authorised of which exceeds 2,500 lb.—

the equipment specified in paragraph (4) of regulation 27.

   (3) For all flights which involve manoeuvres on the water—

      (a)   lifejacket, or equivalent, equipped with a waterproof torch and whistle for each person on board and stowed in a position easily accessible from the person’s seat;

      (b)   notices displayed in each passenger compartment stating where the lifejackets are situated and instructing passengers how to use them in the event of their being required;

      (c)   additional flotation equipment, of not less than 20 per centum of the capacity of the equipment required under sub-paragraph (a), provided in a stowage accessible from outside the flying machine;

      (d)   equipment of marine type for making, from the surface of the water, the pyrotechnical signal of distress specified in regulation 79 of the Aviation (Rules of the Air) Regulations;

      (e)   equipment for mooring or for anchoring appropriate to the maximum total weight authorised for the flying machine.

   (4) For flights which involve manoeuvres on the water by flying machines the maximum total weight authorised of which exceeds 5,000 lb.—

      (a)   sea anchor (drogue);

      (b)   apparatus necessary to facilitate manoeuvring the aircraft under its own engine power on the water appropriate to its weight, size and handling characteristics, and, if such apparatus is not controlled by the pilot, a communication system enabling him to instruct the operator thereof.

   (5) For flights over water beyond gliding distance from any coast or shore—

      (a)   the equipment and notices specified in sub-paragraphs (a) and (b) respectively of paragraph (3);

      (b)   equipment necessary for making the pyrotechnical signal of distress and the green light urgency signals specified in regulations 79 and 80 of the Aviation (Rules of the Air) Regulations.

   (6) For flights by aeroplanes over water, the following equipment if required under sub-regulations (2) and (3) of regulation 55:

      (a)   suitably equipped dinghies of an approved type sufficient to accommodate all occupants of the aeroplane. Each dinghy shall carry the following equipment—

      (i)   means for maintaining buoyancy;

      (ii)   a drogue to reduce drift;

      (iii)   life lines and means of attaching one raft to another;

      (iv)   paddles or other means of propulsion;

      (v)   equipment to protect the occupants from the elements;

      (vi)   a waterproof torch;

      (vii)   marine type pyrotechnical distress signals;

      (viii)   means of making sea water drinkable;

      (ix)   sufficient food and water to sustain the occupants of the dinghy for a period as notified;

      (x)   first-aid equipment;

      (b)   the items mentioned in sub-paragraphs (i) to (v) and (vii) of sub-paragraph (a) shall be of a type approved for operation in the type of dinghy in which they are installed;

      (c)   routine maintenance and inspection of dinghies and dinghy equipment shall be carried out to ensure that they are maintained in a serviceable condition;

      (d)   the method of stowage of dinghies required by sub-paragraph (a) and the method of launching shall be such as to ensure the most expeditious and efficient use of them in the event of a forced landing of the aeroplane;

      (e)   the equipment specified in sub-paragraphs (vi) to (x) of sub-paragraph (a) shall be contained in a pack and one such pack shall be stowed with each dinghy so that it is immediately available when the dinghy is launched;

      (f)   for every four or proportion of four dinghies, one dinghy radio transmitter shall be carried in the aeroplane in the position in which it would be most readily available for use in an emergency. The radio transmitter shall be of an approved type and the method of stowage in the aeroplane and subsequent operation in the dinghy shall be approved;

      (g)   in the case of flights over water by flying machines other than aeroplanes, such items of equipment shall be carried as the director may require.

   (7) For flights by night—

      (a)   landing lights consisting of two single-filament or one dual-filament lamp with separately energised filaments;

      (b)   cabin lights in all passengers’ compartments;

      (c)   one electric torch for each member of the aircraft personnel on duty: Provided that, if a flying machine is authorised by the certificate of airworthiness to carry more than 19 persons, it shall be equipped with two electric torches and with an emergency lighting system of approved type, design and construction, which will provide illumination in the passenger compartments in the event of failure of the lights specified in sub-paragraph (b);

      (d)   means of observing the existence and build-up of ice on the aircraft if the aircraft has a maximum total weight authorised which exceeds 12,500 lb.

   (8) For flights in the course of which a height of 10,000 feet or more above sea level is likely to be reached—

      (a)   an adequate supply of oxygen together with suitable apparatus for the use thereof—

      (i)   by the crew, when the aircraft will be operated at heights above 10,000 feet above sea level for periods in excess of 30 minutes;

      (ii)   by the crew and passengers, when the aircraft will be operated at heights above 13,000 feet above sea level for any period of time, in which case the supply and apparatus shall be under the control of a member of the operating crew;

      (b)   an adequate emergency portable supply of oxygen for the relief of individual passengers;

      (c)   when a supply other than an emergency supply of oxygen must be carried, means of indicating to the passengers in each passenger compartment at appropriate times when oxygen should be used, and method of use;

      (d)   notwithstanding anything in this regulation contained, where the air space in the control compartment and passenger compartments, if any, is kept at a pressure greater than that of the international standard atmosphere at 10,000 feet, then such oxygen only as would be necessary for the operating crew of the aircraft as an emergency measure in the event of pressure failure need be provided.

   (9) For flights on which a licensed flight navigator is required to be on board—

      (a)   chart table;

      (b)   such navigational instruments as are necessary for the particular flight;

      (c)   adequate facilities for the taking of astronomical observations, including observations for checking the magnetic compass.

   (10) For flights when the weather reports available at the time of departure indicate the probability that conditions pre-disposing to ice formation will be encountered—

      (a)   means of preventing the formation of or means of removing such ice on the wings, tail surfaces and control surfaces as would seriously alter the aero-dynamic characteristics of the aircraft or interfere with the proper functioning of its flying controls;

      (b)   means of preventing the formation of or means of removing such ice on the propellers as would seriously alter their aero-dynamic characteristics, and, in the case of a variable-pitch propeller, would interfere with its pitch-changing mechanism;

      (c)   means of protecting any fixed aerial to ensure that ice accretion will not interfere with the electrical insulation;

      (d)   if a non-retractable direction-finding loop is fitted, means of preventing ice accretion thereon;

      (e)   such safeguards, whether by heating or otherwise, as are necessary to ensure that all instruments and equipment required for use during the flight of the aircraft will continue to function under icing conditions;

      (f)   means of preventing the formation of or means of removing ice on such portion of the pilot’s windscreen as is necessary to provide an adequate view.

   (11) For flights on which passengers are carried—

The pilot in charge of the flying machine, or other member of the crew to whom the responsibility has been delegated by the operator of the flying machine, shall—

      (a)   before the commencement of a flight, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened and that the passengers have been made aware of their method of operation;

      (b)   before each landing of the flying machine, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened;

      (c)   when conditions of turbulent air prevail and if he considers such a precaution necessary, take reasonable steps to ensure that all safety belts and safety harnesses have been correctly fastened;

      (d)   in the case of flights by landplanes over water beyond 30 minutes’ flying distance from the nearest shore, show the passengers by practical demonstration before the take-off or before reaching 30 minutes’ flying distance from the nearest shore, the position of the lifejackets, or equivalents, and the method of their operation;

      (e)   in the case of flights by flying boats over water, show the passengers by practical demonstration before the take-off the position of the lifejackets, or equivalents, and the method of their operation.

[Am by GN 151 of 1957, 269 of 1957.]

29.   Instruments and equipment: public transport gliders

In public transport and aerial work gliders—

The instruments, equipment and devices required for the issue of a certificate of airworthiness in respect of the particular glider. Such additional instruments and equipment as the Director may, at his discretion, require to be carried in any particular case.

30.   Instruments and equipment: gliders: special circumstances

The items specified in this regulation shall, in so far as they may not be included in the requirements specified in regulation 29, also be carried by gliders in the cases respectively indicated.

   (1) In all gliders for flights by night—

      (a)   equipment for displaying the lights described in regulation 76 of the Aviation (Rules of the Air) Regulations;

      (b)   adequate electrical illumination, supplied from the main source of supply in the glider, for the instruments and equipment (including maps) required to be carried and the illumination of which is necessary to enable use to be made of them during flight.

   (2) In all gliders for flights involving aerobatic manoeuvres-safety harness for every seat in use.

[Am by GN 269 of 1957.]

31.   Instruments and equipment: free balloons

In free balloons—

   (1) For all flights—

      (a)   equipment necessary for making the pyrotechnical signal of distress specified in regulation 79 of the Aviation (Rules of the Air) Regulations;

      (b)   such other instruments and equipment as the Director may, at his discretion, require to be carried in any particular case.

   (2) In addition for flights by night-equipment for displaying the light described in regulation 77 of the Aviation (Rules of the Air) Regulations.

[Am by GN 269 of 1957.]

32.   Instruments and equipment: captive balloons

In captive balloons—

For all flights—

      (a)   such instruments and equipment as the Director may, at his discretion, require to be carried in any particular case;

      (b)   equipment for displaying the lights and markings described in regulation 78 of the Aviation (Rules of the Air) Regulations.

[Am by GN 269 of 1957.]

33.   Approval of instruments, equipment and installation

All the instruments and equipment referred to in paragraphs (a) and (d) of regulation 26 or in regulations 27 to 32 (both inclusive) shall be of such type, construction and design, and shall be fitted and installed in such manner as may be approved by the Director.

The navigational instruments referred to in sub-paragraph (b) of paragraph (9) of regulation 28;

the apparatus referred to in sub-paragraph (b) of paragraph (4) of regulation 28;

timepieces;

chart tables;

first-aid kits;

sea anchors (drogues);

torches;

whistles;

sound signals;

equipment for mooring or for anchoring;

mooring lights.

[Am by SI 212 of 1973.]

34.   First-aid equipment

In the case of aircraft carrying passengers for hire and reward, first-aid kits shall contain equipment suitable for rendering first-aid in any accident that may occur and sufficient for the purpose having regard to the number of persons in the aircraft and shall include the following items:

materials-bandages, splints, antiseptic gauze, adhesive plaster, lint, cotton wool, safety pins;

instruments-tourniquet or haemostatic bandage, scissors, forceps;

drugs-water-miscible antiseptic, analgesic, narcotic (if morphine, or any other drug to which the Dangerous Drugs Act applies, is carried, the quantity shall not amount to more than one-quarter grain per person and shall be in the form of ampoule syringes), stimulant, remedy for burns.

35.   ...

[Revoked by SI 212 of 1973.]

PART V
INSPECTION, OVERHAUL, REPAIR AND MODIFICATION OF AIRCRAFT

36.   Aircraft to which Part V applies: inspection by authorised persons

   (1) The provisions of this Part shall apply to locally registered aircraft in respect of which certificates of airworthiness issued or rendered valid under these Regulations are or have been in force.

   (2) Any such aircraft may be inspected by any person or firm authorised in writing by the Director for that purpose. In addition any person or firm so authorised as aforesaid may in any particular case give any special instructions with regard to the inspection, overhaul, repair, replacement of parts and modification of any such aircraft (including all its equipment and the installation thereof) which appear to him to be required for the purpose of securing the safety of the aircraft.

   (3) The Director may at any time inspect the premises and equipment of any person or firm authorised to inspect aircraft or give instructions in terms of sub-regulation (2).

37.   Approval of modifications

   (1) The owner or operator of an aircraft shall not carry out any modifications (including changes of equipment or its installation) which, in the opinion of a person authorised as aforesaid, affect the safety of the aircraft without first obtaining the approval of the Director, who must be furnished with copies of such design, data, calculations, reports on tests and drawings as may be required:

Provided that, if a modification to a type of aircraft has already been approved under this regulation or by the duly competent authority in the country of manufacture, it shall not be necessary save as is provided in regulation 39 to obtain approval for the same modification when incorporated in another aircraft of the same type. The Director may require that, if any modification of an aircraft is carried out, a new certificate of airworthiness in respect of that aircraft is obtained.

   (2) An aircraft in respect of which any requirements or special instructions mentioned in sub-regulation (2) of regulation 36 have not been complied with or in respect of which an approval in terms of subregulation (1) or a new certificate of airworthiness required under sub-regulation (1) has not been obtained shall not, pending compliance with such requirements or special instructions or pending the obtaining of such approval or new certificate of airworthiness, as the case may be, fly or attempt to fly except in so far as it may be permitted to fly by the Director or except in so far as it might fly if no certificate of airworthiness was in force in respect thereof.

38.   Requirements for overhauls, inspections, repairs, replacements and approved modifications

The following requirements shall apply to inspections, overhauls, repairs, replacements, and to approved modifications carried out to an aircraft:

   (1) The work shall be carried out in accordance with the relevant technical publications or approved maintenance schedules and in all essential respects shall comply with the approved design in conformity with which the aircraft was constructed, including such modifications as have been approved for embodiment therein or, alternatively, shall be undertaken in accordance with a repair scheme approved in writing by the Director or by the duly competent authority in the country of manufacture of the aircraft. Records of work carried out shall be maintained in a manner acceptable to the Director.

   (2) All materials used shall be as approved for the design in conformity with which the aircraft was constructed, or as otherwise approved, and shall have been obtained from sources acceptable to, and stored in a manner and in conditions approved by the Director.

   (3) All work shall be inspected, to the extent necessary in the circumstances of the case, in accordance with the requirements of the Director.

   (4) A certificate in accordance with the terms of regulation 39 shall be given and, if the Director so requires, the certificate of airworthiness of the aircraft shall be forwarded forthwith to the Director in order that it may be amended.

   (5) No unlicensed person shall do work of any nature to an aircraft unless he has first obtained the consent in writing of the Director, nor shall any person permit or direct any unlicensed person to do such work unless the consent as aforesaid has been obtained.

   (6) Any welding process applied to the primary airframe structure shall be applied only by a person approved for the purpose by the Director:

Provided that in emergency if it is not reasonably practicable to comply with the requirements mentioned in this regulation, a temporary repair of the part or parts affected may be made for the sole purpose of enabling the aircraft to proceed to the nearest place at which a repair complying with the above requirements can be carried out, and if the person in command of the aircraft is satisfied that, having regard to the circumstances and exigencies of the case, such repair is adequate for the purpose, the aircraft may then proceed to fly to such place without having such temporary repair certified in accordance with the foregoing requirements.

[Am by SI 212 of 1973.]

39.   Certification of inspections, overhauls, repairs, replacements and approved modifications

The following provisions shall apply to or in relation to every certificate required under regulations 37 and 38—

   (1) The certificate shall be appended to the particulars of the inspection overhaul, repair, replacement or modification to which it relates and shall be in the form prescribed in the Fourth Schedule.

   (2) The certificate shall be signed by an aircraft maintenance engineer qualified under the terms and conditions of his license to certify the inspection overhaul, repair, replacement or modification to which the certificate relates, or by the authorised representative of a firm or company approved for the purpose of giving such certificates or by some other approved person.

   (3) The certificate shall, if relating to the aircraft exclusive of the engines, be written in the aircraft log book; if relating to the engines, be written in the appropriate engine log book; and if relating to a variable-pitch propeller, be written in the appropriate propeller log book:

Provided that—

      (i)   if the details of any inspections, overhaul, repair, replacement or modification are so voluminous as to render it inconvenient to enter them in the space provided in the log book,

such details shall be entered in a separate maintenance record which shall be numbered for identification purposes, certified in like manner to that required for the relevant entry in the log book and retained in safe custody in order that it may be produced on such occasions as it may be required for inspection. The number of such record and particulars of the place where it may be inspected shall be inserted in the log book together with a brief description of the inspection overhaul, repair, replacement or modification to which the record relates;

      (ii)   if the appropriate log book is not at the place where the inspection overhaul, repair, replacement or modification is carried out, the certificate may be given separately from the log book, in which case it shall be pasted in the log book in terms of paragraph (3) of regulation 79.

[Am by GN 641 of 1954; SI 212 of 1973.]

40.   Work by private owners

   (1) Notwithstanding the provisions of paragraphs (4) and (5) of regulation 38 and paragraph (2) of regulation 39, the owner or owners of an aircraft classified in its certificate of airworthiness solely in subdivision (d) "private" may perform such work on the aircraft as may be necessary to maintain it in an airworthy condition, provided that the work does not involve any dismantling of any component of the primary airframe structure; or of the engine other than that which is essential to carry out those maintenance and inspection operations normally necessary to ensure satisfactory engine functioning. After the performance of any work under this regulation, an appropriate entry in the relevant log book shall be made, accompanied by a certificate in terms of paragraph (1) of regulation 39 signed by the owner or, if the aircraft is owned jointly by a number of persons, by one of that number.

   (2) If the owner or owners of an aircraft classified in the manner described in sub-regulation (1) require to carry out on the aircraft work of a nature other than that described in sub-regulation (1), permission to do shall first be obtained from the Director who may, in granting permission, impose special requirements in respect of the work with which the applicant shall comply.

   (3) For the purposes of this regulation—

“dismantling” means taking apart or altering the position of;

“inspection” means visual examination;

“maintenance” means work necessary to ensure the continuation of a degree of serviceability which, substantially, already exists.

PART VI
WEIGHING OF AIRCRAFT

41.   Aircraft to which Part VI applies

   (1) The provisions of this Part shall apply to locally registered aircraft in respect of which certificates of airworthiness are or have been in force.

   (2) Any such aircraft may be inspected by a person authorised in writing by the Director for the purpose.

42.   Weighing

An aircraft shall, under arrangements to be made by the operator thereof, be weighted at such times as the Director may require and to his satisfaction.

43.   Weight schedules

An aircraft shall carry, exhibited in a prominent position inside it, a weight schedule giving the following information—

   (1) The nationality and registration marks of the aircraft;

   (2) The weight of the aircraft empty, which shall include—

      (a)   the weight of the liquid in the system if the aircraft is fitted with liquid cooled engines; and

      (b)   the weight of all accessories, instruments, equipment and apparatus (including radio apparatus) and other parts which in the opinion of the Director should be regarded as fixed and irremovable;

   (3) A list of the accessories, instruments, equipment, and apparatus (including radio apparatus) and other parts which in the opinion of the Director should be regarded as fixed and irremovable, which have been included in the weight of the aircraft empty;

   (4) A list of the accessories, instruments, equipment and apparatus and other parts (excluding radio apparatus and radio parts) which in the opinion of the Director should be regarded as not fixed but removable, together with details of their respective weights;

   (5) A list of the radio apparatus and radio parts which in the opinion of the Director should be regarded as removable, together with details of their respective weights.

44.   Alterations of weight schedules Weights to be affixed

The aircraft shall also bear clearly painted upon the outside in a prominent position—

      (a)   its weight empty, that is to say, the weight referred to in paragraph (2) of regulation 43; and

      (b)   the maximum total weight authorised for the aircraft as shown for the time being in its certificate of airworthiness.

45.   Alterations of weight schedules

   (1) Whenever any alteration affecting the particulars or weights entered in the weight schedule is made, the weight schedule carried in the aircraft in accordance with regulation 43 shall be amended or replaced by a revised schedule.

   (2) Whenever the aircraft is weighed in accordance with regulation 42, the fixed accessories, instruments, equipment, apparatus and parts shall be checked against the particulars entered in the weight schedule referred to in regulation 43.

PART VII
CERTIFICATES OF MAINTENANCE

[Am by GN 641 of 1954.]

46.   Certification of public transport aircraft

   (1) Subject to the provisions of this Part, no locally registered public transport or aerial work aircraft shall fly or attempt to fly unless it has been maintained in accordance with maintenance schedules approved in writing by the Director (in this Part called "the maintenance schedules") in respect of that aircraft and a certificate has been issued and is in force under this regulation, certifying that the aircraft has been so maintained or has been issued under regulation 8:

Provided that nothing in this regulation contained shall be deemed to require the landing of an aircraft which is actually in flight.

   (2) The operator shall incorporate in the maintenance schedules any amendments which may from time to time be required by the Director.

   (3) The certificate of maintenance shall come into force immediately after it has been issued and shall cease to be in force—

      (a)   on the expiry of its period of validity, being a period of time from its issue which shall be specified in the maintenance schedules relating to the aircraft; or

      (b)   as soon as the aircraft has flown for the number of hours which shall be specified for this purpose in the maintenance schedules relating to it;

whichever is the sooner.

   (4) The operator of the aircraft shall record on the certificate of maintenance relating to the aircraft the period of its validity.

   (5) As soon as a certificate of maintenance in respect of the aircraft is issued, the operator of the aircraft shall provide a technical log (in this Part called a "record of flying hours") for the purpose of recording the number of hours during which the aircraft has flown since the issue of such certificate of maintenance. The technical log shall be carried in the aircraft on all flights.

   (6) On the termination of every flight, the person in command of the aircraft shall enter in the record of flying hours the duration of the flight in hours and minutes and shall sign and date such entry.

   (7) The entry referred to in sub-regulation (6) shall be preserved by the operator for two years after the expiry of the certificate of maintenance.

   (8) As soon as a certificate of maintenance in respect of the aircraft is issued, the operator of the aircraft shall provide a technical log (in this Part called a "record of defects") for the purpose of recording defects in the aircraft occurring during the period of validity of such certificate of maintenance and the rectification of such defects. The technical log shall be carried in the aircraft on all flights.

   (9) On the termination of every flight, the person in command of the aircraft shall enter in the record of defects—

      (a)   particulars of any defects in the aircraft, including its engines, components, accessories, instruments, equipment, apparatus and their installations, observed by him during the flight or reported to him; or

      (b)   if no such defect has been observed by him during the flight, or reported to him, a statement to that effect; and shall sign and date such entry.

   (10) After rectifying any such defect in the aircraft, the appropriately licensed aircraft maintenance engineer or other approved person effecting such rectification shall enter in the record of defects particulars of such rectification and shall sign and date such entry.

   (11) The operator shall either preserve each entry in the record of defects for a period of two years after the expiry of the period of validity of such certificate of maintenance, or shall, in terms of paragraph (3) of regulation 79, cause a copy of the entry to be made in the aircraft log book, engine log book or propeller log book, whichever is appropriate, kept in respect of the aircraft.

   (12) If no copy of an entry is made in the appropriate log book, the operator shall, as soon as is reasonably practicable, and in any case within six months of the expiry of the period of validity of such certificate of maintenance, cause particulars sufficient to identify the entry to be written in such log book.

   (13) A certificate of maintenance may be issued for the purposes of this regulation only by—

      (a)   the holder of a license granted under these Regulations as an aircraft maintenance engineer, being a license of appropriate category in accordance with regulation 115; or

      (b)   the holder of a license as such an engineer granted under the law of a country other than Zambia and rendered valid under these Regulations, in accordance with the privileges endorsed on the license; or

      (c)   a person whom the Director has authorised to issue a certificate of maintenance in a particular case, and in accordance with that authority:

Provided that, upon approving a maintenance schedule, the Director may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in his direction, may be issued only by the holder of such license as is so specified.

   (14) The rectification of any defect in terms of sub-regulation (10) shall be certified by an aircraft maintenance engineer holding an appropriately rated license in Category A, C, X or A(R) in respect of the relevant type of aircraft, engine, instrument, accessory or radio which has been granted or rendered valid under these Regulations, or by a person authorised in writing by the Director for that purpose.

   (15) In such cases as the Director may approve, a certificate of maintenance in respect of a locally registered aircraft may be issued by the holder of a license as an aircraft maintenance engineer which has been granted or rendered valid by the duly competent authority in any country specified by the Director, and a defect may likewise be rectified.

[S 46 am by SI 221 of 1968, 345 of 1969, 212 of 1973.]

47.   Inspection of public transport aircraft for issue of certificate

The following provisions shall apply to the maintenance and inspection of any public transport aircraft carried out in connection with the issue of a certificate of maintenance:

      (a)   prior to the issue of a certificate of maintenance, the operator of the aircraft shall furnish such information as may be necessary to enable the aircraft maintenance engineers who are to sign the certificate to be satisfied that up to the date of issue of such certificate all maintenance and inspection required to be carried out in accordance with the maintenance schedules for the aircraft has been so carried out;

      (b)   the aircraft (including the instruments and equipment prescribed in Part IV but excluding its engines and engine installations and all instruments relating thereto) shall, subject to the provisions of paragraph (d), be certified in the form and manner shown in the Fourth Schedule by the holder of an aircraft maintenance engineer’s license in Category A in respect of such aircraft;

      (c)   in the case of a flying machine or an airship, the engines and engine installations and the instruments prescribed in Part IV relating thereto shall, subject to the provisions of paragraph (d), be certified in the form and manner shown in the Fourth Schedule by the holder of an aircraft maintenance engineer’s license in Category C in respect of such engines;

      (d)   the aircraft and engines may be certified by the same aircraft maintenance engineer if he is the holder of an aircraft maintenance engineer’s license both in Category A and Category C in respect of such aircraft and engines:

Provided that the magnetic compasses may be adjusted and compensated by the holder of an airline transport pilot’s license, a senior commercial pilot’s license or a flight navigator’s license, who shall certify to that effect on the deviation cards. In such case the next subsequent certificate of maintenance issued may be altered by inserting after the word "equipment" the words "other than magnetic compasses". Such alteration to a certificate of maintenance shall be initialed by the aircraft maintenance engineer who issues the certificate.

48.   Form of certificates

The certificate of maintenance issued in accordance with the provisions of sub-regulation (1) of regulation 46 shall, according to the class of the aircraft concerned, be in one of the forms prescribed in the Fourth Schedule, or in such other form as may be approved as suitable for the purpose.

49.   Certificates in ink or indelible pencil

Every certificate of maintenance shall be prepared in ink or indelible pencil.

PART VIII
SAFETY PRECAUTIONS

50.   Precautionary action to be taken by person in command

   (1) The provisions of this regulation shall apply to locally registered aircraft.

   (2) No aircraft shall fly or attempt to fly unless the person in command of the aircraft satisfies himself—

      (a)   that the aircraft is equipped with the appropriate instruments and equipment required in terms of Part IV and, in the case of an aircraft required to be equipped with radio apparatus, that the aircraft is so equipped, and that the aircraft and its instruments, equipment and radio apparatus are fit in every way for the proposed flight;

      (b)   that provision as may be necessary in the circumstances of the proposed flight has been made for the use of any of the devices prescribed in Part IV and for the taking of any similarly prescribed precautionary measures in the aircraft for the purpose of promoting the safety thereof;

      (c)   that the load carried is of such weight, and so distributed and secured, that it may safely be carried on the proposed flight;

      (d)   that the view of the pilot is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by reason of any discoloration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft;

      (e)   in the case of a flying machine or airship, that sufficient fuel and oil and cooling fluid (when required) are carried therein for the proposed flight, including a safe margin for contingencies, and that the output of electricity which will be available is sufficient to ensure the effective operation of all the electrical equipment installed in the aircraft which it is intended or which it may be necessary to bring into operation during the flight;

      (f)   in the case of a flying machine or glider, that the wings and control surfaces are free from ice and hoar frost;

      (g)   in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the proposed flight, it is capable of clearing by a safe margin the edge of the aerodrome of departure, of reaching and maintaining a safe height thereafter along the route of the proposed flight and of making a safe landing at the aerodrome of destination; and

      (h)   in the case of an airship or balloon—

      (i)   that sufficient ballast is carried for the proposed flight; and

      (ii)   that the conditions laid down in the certificate of airworthiness have been complied with.

   (3) No aircraft shall fly or manoeuvre on land or water unless the pilot of the aircraft has taken all such steps as are practicable to secure that the windows, windscreens or side-screens of the aircraft through which he obtains his view forward or sideways are maintained in such a condition as not to obscure his view.

51.   Exemption of training aircraft

The requirements specified in regulation 52 shall apply to locally registered public transport and locally registered aerial work aeroplanes other than public transport aeroplanes which are being used solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aeroplane.

52.   Weight and performance requirements for public transport aircraft

Subject to the provisions of regulation 51, a public transport or aerial work aeroplane shall not fly or attempt to fly unless—

   (1) the weight of such aeroplane immediately before the commencement of the proposed flight is such that one of the following conditions is complied with:

      (a)   the wing loading of the aeroplane does not exceed 20 lb. per square foot; or

      (b)   the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or

      (c)   the aeroplane, with any one of its engines inoperative and the remaining engines developing maximum continuous power, has a positive rate of climb at an altitude of 5,000 feet above sea level in conditions of standard atmosphere;

   (2) the person in command of the aeroplane has satisfied himself that the distance estimated to be required for the take-off under the meteorological conditions prevailing at that time does not exceed the length of the landing strip to be used or the extent of the landing area measured in the direction in which the take-off will be made and that the aeroplane will be able to clear by a safe margin all obstructions in the flight path which the aeroplane will follow immediately after take-off;

   (3) having regard to the best information available to him at the time of the start of the proposed flight of the meteorological conditions likely to prevail at the aerodrome of destination when the aeroplane arrives there, the person in command of the aeroplane has satisfied himself that the aeroplane will be able, when landing, to clear by a safe margin all obstructions in the vicinity of the aerodrome of destination and that the distance estimated to be required for the landing, under those conditions, does not exceed 70 per centum of the length of the appropriate landing strip or the extent of the landing area measured in the direction in which the landing is expected to be made;

Provided that, when a visual approach and landing is expected to be made, such estimated distance may be increased to 80 per centum of the length of the landing strip or the extent of the landing area;

   (4) the person in command of the aeroplane is satisfied, in the event of the engine or any one of the engines becoming inoperative at any stage of the proposed flight subsequent to the take-off and initial climb, that—

      (a)   in the case of an aeroplane unable to comply with the provisions of sub-paragraph (c) of paragraph (1), the aeroplane could, having regard to the nature of the route of the proposed flight and to the meteorological conditions forecast as likely to prevail along the route, be flown at such heights as would enable the person in command to have sufficient time to select a safe landing place and make a landing thereat;

      (b)   in the case of an aeroplane unable to comply with any of the provisions of sub-paragraph (a) or (b) of paragraph (1), the weight of the aeroplane does not exceed the weight at which, having regard to the meteorological conditions to be expected on the route of the proposed flight, the aeroplane would be capable of maintaining a safe height until a landing could be made by a safe margin at an aerodrome either along the route (including the aerodrome of departure) or along a divergence from that route planned in advance to provide for such a contingency.

53.   Measurement of distances for assessing performance

The distances and lengths mentioned in paragraphs (2) and (3) of regulation 52 shall be computed as follows—

      (a)   the take-off distance shall be measured along the ground (or water) in the direction of take-off from the point at which the aeroplane is to start its run for that purpose to the point above which the aeroplane after taking-off would attain a height of 50 feet above the ground (or water) and be flying at a safe speed;

      (b)   the landing distance shall be measured along the ground (or water) in the direction of landing from the point above which the aeroplane, when descending in preparation for landing, would be at a height of 50 feet above the ground (or water) and flying at a safe speed, to the point at which, on completion of its landing, it would first come to rest, or, in the case of a seaplane, first be under full control on the water;

      (c)   the length of the landing strip for take-off shall be that part of the surface of the aerodrome of departure which is available for the purpose and is free from obstructions, measured in the direction in which the take-off is to be made from the point at which the aeroplane is to commence its run for that purpose to the limit of the available aerodrome surface; and

      (d)   the length of the landing strip for landing shall be that part of the surface of the aerodrome of destination which is available for the purpose and is free from obstructions, measured in the direction in which the landing is expected to be made.

54.   Loading and load sheets

   (1) A locally registered public transport aircraft shall not fly or attempt to fly unless—

      (a)   the operator of the aircraft has obtained the approval of the Director to written loading instructions in respect of the aircraft;

      (b)   the loading thereof for the proposed flight has been carried out in accordance with the said instructions and such conditions as may be prescribed; and

      (c)   the person superintending the loading of the aircraft for the proposed flight has made out, signed, and dated a load sheet in duplicate containing the particulars specified in sub-regulation (2), and the said load sheet has been submitted to and examined by the person in command of the aircraft in order to assist him to ascertain, for the purpose of paragraph (c) of sub-regulation (2) of regulation 50, whether the load carried by the aircraft is of such weight and so distributed and secured that it may safely be carried on the proposed flight:

Provided that the requirements of this paragraph shall not apply in respect of a flight to be made by a public transport aeroplane—

      (i)   solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aeroplane; or

      (ii)   as a local pleasure flight of short duration commencing from and finishing at one and the same aerodrome with no intermediate landing.

   (2) Every load sheet required in accordance with the provisions of paragraph (c) of sub-regulation (1) shall contain—

      (a)   particulars of the nationality and registration marks of the aeroplane;

      (b)   sufficient data to enable the particular flight to be readily identified;

      (c)   particulars of the several weights (e.g. weight empty, removable equipment, fuel and oil, passengers, goods, etc.) from which the total weight of the aeroplane as loaded has been computed; and

      (d)   a certificate by the person superintending the loading of the aeroplane that the load has been distributed in accordance with the written loading instructions submitted to the Director and approved by him in respect of the aeroplane.

   (3) Except as provided in sub-regulation (4), the weight of the crew and passengers of an aeroplane entered in the load sheet shall be computed from the actual weight of each person as ascertained by individual weighings.

   (4) In respect of an aeroplane having a total seating capacity of 12 persons or more, the person superintending the loading of the aeroplane may, if so instructed by the person in command of the aeroplane, compute the weight of the crew and passengers to be entered in the load sheet in accordance with the following table of average weights instead of from the actual weight of each person as ascertained by individual weighings:

For adult males, including crew

165 lb

For adult females, including crew

143 lb

For children of either sex two years of age, or more, but less than 12 years

85 lb

For infants under two years of age

17 lb

   (5) The person in command of an aeroplane shall, however, have regard to any undue preponderance among the persons to be carried of persons appearing to be above the average weights as set out in the above table and shall, if he considers it necessary, require the actual weights of such persons to be ascertained by individual weighings.

   (6) Whenever the weights of persons entered in a load sheet are average weights computed in accordance with the table set out in sub-regulation (4), the load sheet shall be endorsed to show that the said method of computation has been used.

55.   Flights over water

   (1) Subject to the provisions of sub-regulation (2), a public transport aeroplane shall not carry out or attempt to carry out a flight over water in the course of which the aeroplane may at any time be more than 30 minutes’ flying distance in still air from the nearest shore calculated at the most economical cruising speed of the aeroplane at sea level, according to the best information available, unless the person in command has satisfied himself—

      (a)   that the weight and performance of the aeroplane is such that the condition specified in sub-paragraph (c) of paragraph (1) of regulation 52 can be complied with; and

      (b)   that the quantity of fuel carried by the aeroplane is sufficient to ensure that, in the event of failure of one of its engines during the period of the flight over water, the aeroplane could safely reach the nearest landing ground.

   (2) Subject to the provisions of sub-regulation (3), a public transport aeroplane in respect of which the requirements specified in sub-regulation (1) cannot be complied with may nevertheless carry out or attempt to carry out a flight over water in the circumstances mentioned in sub-regulation (1) provided that the equipment specified in sub-paragraph (a) of paragraph (6) of regulation 28 is carried in the aeroplane.

   (3) A public transport aeroplane shall not carry out or attempt to carry out a flight over water in the course of which the aeroplane may at any time be more than 90 minutes’ flying distance in still air from the nearest shore calculated at the most economical cruising speed of the aeroplane at sea level, according to the best information available, unless—

      (a)   the person in command has satisfied himself that the requirements specified in sub-regulation (1) are complied with; and

      (b)   the equipment (i.e. dinghies, etc.) specified in sub-paragraph (a) of paragraph (6) of regulation 28 is carried in the aeroplane.

56.   Miscellaneous

   (1) If aircraft about to fly consist of one or more flying machines with a glider or gliders in tow, they shall not fly or attempt to fly unless the person in command of the flying machine, or, if there is more than one flying machine, the person in command of one of them who is to be in charge of the tow, has satisfied himself that—

      (a)   the types of the flying machine or flying machines and the glider or gliders are such as to form a combination which is in accordance with the authorisations as to towing operations included in the terms of the certificates of airworthiness or any validation of such a certificate in force in respect of such aircraft;

      (b)   the tow rope or ropes to be used are in good condition and of adequate strength for the purpose of the towing operation; and

      (c)   the weights of the flying machine or flying machines and the glider or gliders considered in combination are such as to satisfy on the proposed flight the requirements of paragraph (g) of sub-regulation (2) of regulation 50 and, where applicable, of regulation 52.

   (2) In the case of a public transport aircraft, which for the purpose of this sub-regulation shall be deemed to include an aircraft belonging to or being flown under arrangements made by a flying club and carrying a member of the club whether for the purpose of instruction or otherwise, the person in command thereof, if other than the operator of the aircraft, shall, immediately on the termination of any flight in which the aircraft has been engaged, furnish to the operator of the aircraft or to the representative of such operator particulars of any defects in the aircraft including its engines, components, accessories, instruments, equipment and apparatus and their installations, observed by him during the flight.

   (3) No aircraft which is a flying machine or glider shall carry out any trick flying or exhibition flying while carrying passengers for hire or reward unless the person in command of the flying machine or glider has satisfied himself before commencing the flight that every passenger (whether carried for hire or reward or not) and the pilot (or pilots, if more than one) are properly secured by the safety harness or other similar devices carried in accordance with Part IV and maintained in a fit condition for immediate use in the flying machine or glider.

PART IX
NAVIGATIONAL RESTRICTIONS, MANAGEMENT OF AIRCRAFT AND SAFETY PROVISIONS

57.   Specified areas

   (1) The Director may, by notice to airmen—

      (a)   specify within Zambia control zones, control areas, airways, flight information centres and regions, corridors and flight advisory routes;

      (b)   restrict, prohibit and control the flying of aircraft in any such control zone, control area, airway, flight information region, corridor or flight advisory route or in such other area of Zambia as he may specify in such notice.

   (2) No aircraft shall fly in contravention of the provisions of any notice to airmen made in terms of paragraph (b) of sub-regulation (1).

[Am by GN 387 of 1963.]

58.   Power to restrict flying

   (1) If it is brought to the notice of the Director—

      (a)   that a large number of persons are likely to gather in any area in Zambia for the purpose of witnessing some event of public interest; or

      (b)   that any area in Zambia is to be used for purposes relating to national defence which render expedient the temporary restriction of the flying of aircraft within or in the neighbourhood of such area; the Director may, by a notice to airmen, impose such temporary restriction on the flying of aircraft within or in the neighbourhood of any such area as he may consider expedient in the interest of public safety, and no aircraft shall fly in contravention of any such notice.

   (2) No aircraft race, contest, exhibition of flying or air rally shall be held unless the Director has first given permission in writing for the event to take place. In giving permission, the Director may impose such conditions as he may consider expedient in the interest of public safety and the safety of those persons taking part. The Director may also, by a notice to airmen, impose such temporary restrictions on the flying of aircraft as may be required with respect to an area affected by such race, contest, exhibition or rally, and no aircraft shall fly in contravention of such notice.

   (3) Any notice to airmen made in pursuance of this regulation shall specify the area or areas to which the restrictions extend and the time or times during which the restrictions are to be in force, and, in the case of restrictions applying only to aircraft of, or other than, any particular class or description, the class or description of aircraft to which the restrictions apply, or do not apply, as the case may be.

[Am by GN 151 of 1957, 387 of 1963.]

59.   Carriage of munitions of war forbidden

No aircraft shall carry munitions of war or implements of war.

60.   Carriage of dangerous goods

   (1) No person shall carry in—

      (a)   any aircraft in or over Zambia; or

      (b)   any locally registered aircraft when flying outside Zambia;

any dangerous goods except with the permission in writing of the Director and subject to any conditions imposed in such permission:

Provided that the permission of the Director shall not be required for the carriage of—

      (i)   safety cartridges, so long as, when carried as cargo in an aircraft carrying passengers or goods for hire or reward, such cartridges are packed in substantial tin-lined wooden cases in such a manner as to ensure that there is not undue movement within the package; and

      (ii)   any article of equipment of the aircraft or any article required for the purposes of the operation, navigation or safety of the aircraft or the safety or well-being of any person or persons on board, so long as, in the case of a locally registered aircraft, fuel and oil are carried in the fuel and oil tanks of such aircraft or in special stowage approved in writing for the purpose by or under the authority of the Director and articles of an inflammable nature required in connection with the navigation or safety of the aircraft are of a type approved in writing by or under the authority of the Director.

   (2) Any person consigning for carriage by any aircraft any dangerous goods shall—

      (a)   mark distinctly on the outside of the package or container containing such goods their nature, weight and quantity;

      (b)   give to the carrier of the goods written notice of such nature, weight and quantity and of the name and address of the sender thereof by means of an air consignment note coloured red or bearing the words "dangerous goods" in prominent red letters; and

      (c)   in any case where the permission in writing of the Director given under sub-regulation (1) is required for the carriage of such goods, attach such permission to the air consignment note:

Provided that —

      (i)   paragraph (b) in so far as it requires the air consignment note to be coloured red or to bear the words "dangerous goods" in prominent red letters shall not apply to the case of the carriage of safety cartridges in accordance with proviso (i) to sub-regulation (1);

      (ii)   the provisions of this sub-regulation shall not apply to the carriage of equipment or other articles in accordance with proviso (ii) to sub-regulation (1).

   (3) Any person who consigns by air any dangerous goods other than safety cartridges packed in the manner prescribed in proviso (i) to sub-regulation (1) or articles of equipment mentioned in proviso (ii) to sub-regulation (1) shall inform the person in command of the aircraft of the nature, weight and quantity of the goods at or before the time of sending such goods to be carried or taken on board the aircraft.

   (4) In this regulation—

“dangerous goods” means any explosive substance and any other goods (whether explosive or not) which by reason of their nature are liable to endanger the safety of the aircraft or persons on board the aircraft;

“safety cartridge” means any cartridge used in small arms which is so constructed that—

      (a)   after firing, the case of the cartridge may be extracted;

      (b)   an explosion in one cartridge cannot be communicated to any other cartridge.

   (5) The provisions of this regulation shall be in addition to and not in derogation of the provisions of regulation 59.

[Am by GN 387 of 1963.]

61.   Restrictions on captive balloons, kites and moored airships

   (1) (a) (i) A captive balloon shall not be flown within Zambia;

      (ii)   A kite shall not be flown within Zambia at a distance of less than 3 miles from the boundary of an aerodrome or be elevated at any place within Zambia above a height of 200 feet from ground level; and

      (iii)   An airship shall not be moored at any place within Zambia;

except with the permission in writing of the Director and subject to any conditions which may be prescribed or specified in such permission.

      (b)   The Director may, on the granting of such permission or subsequently, direct that any of the provisions of these Regulations which he may specify shall not apply to a particular captive balloon, kite or airship, as the case may be, or shall apply thereto subject to any modification which he may consider to be required in the circumstances of the case.

   (2) An application for the permission referred to in sub-regulation (1) shall be made to the Director and in connection therewith the applicant shall furnish the director with particulars and information in accordance with such requirements as he may require.

   (3) A captive balloon or kite flown within Zambia and an airship when moored at any place within Zambia shall comply with such conditions as to mooring, lighting and marking as the Director may in the circumstances of any particular case impose.

[Am by GN 387 of 1963.]

62.   Imperiling safety of aircraft

No person shall commit any act likely to imperil the safety of an aircraft or any person on board, whether by interference with any member of the personnel of the aircraft, or by tampering with the aircraft or its equipment, or by disorderly conduct or by any other means.

63.   Drunkenness

   (1) No person shall enter or be in any aircraft while in a state of intoxication.

   (2) No person, while acting as a member of the personnel of an aircraft or carried in an aircraft for the purpose of so acting, shall be in a state in which his capacity so to act is impaired by reason of his having taken any intoxicating liquor or taken or used any sedative, narcotic or stimulant drug or preparation prior to embarkation or in flight.

   (3) No aircraft shall fly or commence to fly carrying any person who is acting in contravention of this regulation.

64.   Smoking

   (1) No locally registered aircraft shall fly unless the certificate of airworthiness of such aircraft contains a condition stating in what compartment or compartments of the aircraft smoking is or is not permissible.

   (2) No locally registered aircraft shall fly unless the operator of such aircraft causes to be exhibited and kept exhibited in a conspicuous place in every compartment (including every control cabin) of the aircraft a legible notice, consistent with the conditions referred to in sub-regulation (1), stating either that smoking is or that smoking is not permitted in that compartment and no person shall smoke in any compartment of the aircraft unless smoking therein is stated by such notice to be permitted.

65.   Notices in aircraft

No locally registered aircraft shall fly unless such particulars of or notice relating to the design, construction and weight of the aircraft or the equipment thereof or to any restrictions to be observed and precautions to be taken to secure the safety of the aircraft are exhibited in such manner and in such places in the aircraft as are prescribed in Parts IV, V, VIII and IX or as may in any particular case be required by the Director.

66.   Exists in aircraft

No locally registered aircraft carrying passengers for hire or reward, or, if the carriage is effected by an air transport undertaking whether for hire or reward or not, shall fly unless—

      (a)   every means of exit from the aircraft and from every passenger compartment therein is kept free from obstruction and no such means of exit is so fastened by locking or otherwise as to hinder the immediate use thereof in an emergency; and

      (b)   the position of every such means of exit which is specially provided for use in an emergency is clearly marked with the words "Emergency Exit" and in each case the method of operation is indicated.

67.   Persons not to be carried in certain parts of aircraft

   (1) When any aircraft is flying within Zambia no person shall at any time be carried on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not designed for the accommodation of the personnel or passengers, or on or in anything (other than a glider or a flying machine) attached to the aircraft:

Provided that—

      (a)   nothing in this regulation shall prevent a person having temporary access—

      (i)   to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the machinery or equipment thereof or for the purpose of doing anything which may be necessary for the safety of the aircraft or persons or goods carried therein; or

      (ii)   to any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided; and

      (b)   a person may be carried on or in any part of the aircraft, or anything attached thereto, with the permission in writing of the Director and subject to any conditions which may be specified in that permission.

   (2) No aircraft shall fly or commence to fly carrying any person who is acting in contravention of this regulation.

[Am by GN 387 of 1963.]

68.   Towing

   (1) Subject to the provisions of sub-regulation (2), no flying machine shall fly towing another aircraft, other than a glider of which the maximum total weight authorised does not exceed 1,250 lb. and no aircraft, other than such a glider as aforesaid, shall be towed in flight by a flying machine unless the pilot in charge of the flying machine is entitled or permitted in accordance with the provisions of this regulation to fly as pilot in charge of a flying machine towing another aircraft.

   (2) Save with the special permission in writing of the Director and subject to any conditions or limitations contained therein, a person shall not fly or attempt to fly as pilot in charge of a flying machine towing another aircraft, other than such a glider as aforesaid, unless he is the holder of a pilot’s license (flying machines) granted or rendered valid under these Regulations and is entitled by virtue of a towing rating included in such license to fly as pilot in charge of a flying machine towing another aircraft:

Provided that the holder of such a license may fly within Zambia as pilot in charge of a flying machine towing another aircraft if he flies in accordance with the provisions of regulation 109 and for the purpose of becoming qualified to have a towing rating included in his license. For this purpose he may also fly as pilot in charge of any other aircraft, notwithstanding that his license does not entitle him to fly as pilot thereof, which he may be required to fly in order to comply with the requirements set out in sub-regulation (3).

   (3) The provisions of this sub-regulation shall have effect with respect to the towing rating required under sub-regulation (2)—

      (a)   the rating may be included by the Director in a license on application being made and on the Director being satisfied that the applicant is qualified in accordance with the requirements for the rating;

      (b)   the rating shall, subject to the provisions of regulation 83, continue in operation while the license in which it is included remains in force:

Provided that upon the renewal of such license the holder thereof may be required to satisfy the Director in accordance with the provisions of regulation 109 that the rating may so continue in operation;

      (c)   application for the rating shall be made in accordance with the provisions of regulation 109 and the applicant shall furnish the Director with such particulars as he may require in connection therewith.

[Am by GN 387 of 1963.]

69.   Control of aircraft by young persons

   (1) Subject to the provisions of sub-regulation (2), no person under the age of 17 years shall have sole control of any aircraft in motion.

   (2) A person over the age of 14 years may have sole control of a glider in motion, if—

      (a)   such person is exercising control thereof in accordance with arrangements made for the supervision of that person by a gliding club of which he is a member;

      (b)   if the glider is being towed by a flying machine, the authorised maximum total weight of the glider does not exceed 1,250 lb.

   (3) No person shall cause or permit—

      (a)   any person under the age of 17 years to have sole control of an aircraft in motion other than a glider;

      (b)   any person under the age of 14 years to have sole control of any glider;

      (c)   any person who has attained the age of 14 years but not the age of 17 years to have sole control of any glider unless compliance is made with the provisions of sub-regulation (2).

70.   Special signals and other communications

The Director may, for the purpose of promoting the safety of aircraft, approve and publish by means of a notice to airmen any special rule or rules as to signals and other communications to be made by or to an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precaution to be observed in relation to the navigation and control of aircraft which the Director may consider expedient for the purpose aforesaid, and no aircraft shall fly in contravention of any such rules.

PART X
OPERATIONAL TRAINING AND OPERATIONS MANUAL

71.   Training of operating crew, Operations Manual and aerodrome meteorological minima

   (1) In this regulation—

“aerodrome meterological minima” means minimum heights of cloud base and minimum values of visibility defined for the purpose of determining the suitability of an aerodrome either for take-off or landing;

“alternate aerodrome” means an aerodrome selected prior to take-off to which a flight may proceed when a landing at the intended destination becomes inadvisable;

“appropriate authority” means the national authority of a contracting State responsible for the safety of air navigation over the territory of that State and, in the case of Zambia, means the Director;

“flight time” means the period from the moment at which an aircraft first moves under its own power for the purpose of taking off for a flight until the moment at which it comes to rest at the end of that flight during which a member of the operating crew of the aircraft is engaged in discharging or remains liable to discharge his duties and responsibilities in the capacity in which he is acting as such member.

   (2) The provisions of this regulation shall apply to every locally registered public transport aircraft, except that—

      (a)   the said provisions shall not apply to such aircraft which are being used solely for the purpose of training any persons carried therein, in addition to the personnel thereof, to perform duties in an aircraft; and

      (b)   sub-regulations (5), (6), (8), (10), (11) and (12) shall not apply to such aircraft having a maximum weight of less than 12,500 lb. when operated on a non-scheduled journey and in accordance with visual flight rules.

   (3) The operator of the aircraft (hereinafter in this regulation called "the operator") shall ensure that every member of the operating crew thereof is fully instructed in the duties and responsibilities to be discharged by him in the capacity in which he is acting as such member and in the relationship of such duties and responsibilities to the operations system on any air route over which he may be called upon to discharge the same and that he has adequate knowledge of every such air route.

   (4) The operator shall ensure that every member of the operating crew has training, practice and periodical tests in accordance with such requirements as may be notified with respect to those matters.

   (5) The operator shall provide for the use and guidance of the members of the operating crew an Operations Manual containing such particulars as may be notified, such further information as to the conduct of flying operations as will enable them to become fully acquainted with the nature of such operations and clearly outlining the duties and responsibilities of each of them, and the particulars referred to in sub-regulation (8).

   (6) The provisions of this sub-regulation shall have effect with respect to the said Manual—

      (a)   the operator shall cause the Manual to be revised from time to time as may be

necessary in consequence of any change affecting the operation of the aircraft or the equipment thereof or as may otherwise appear to the operator to be necessary or as may be required by the Director;

      (b)   the operator shall cause copies of the Manual and of any revised portion thereof to be furnished to the members of the operating crew and to such other persons as appear to the operator to be persons to whom it is necessary or expedient that such copies should be supplied or as may be designated by the Director;

      (c)   the operator shall ensure that all copies of the Manual in the hands of members of the operating crew are kept so revised as to show at any time any variation which may then have been made in the requirements with respect to the matters to which the Manual relates.

   (7) The operator shall maintain current records of the flight times of every member of the operating crew and shall establish limitations on those flight times in accordance with the provisions of regulation 74 to ensure that the safety of the aircraft is not endangered by reason of fatigue of any such member attributable to the length or frequency of his flight times.

   (8) (a) In respect of any flight to be made by the aircraft on a scheduled journey, the operator shall establish in the said Manual—

      (i)   the aerodrome meterological minima for each aerodrome of intended destination and any alternate aerodrome on the route of such a flight:

Provided that no such minima for any particular aerodrome shall be lower than the aerodrome meteorological minima, if any, for that aerodrome established by the appropriate authority, unless such minima have been specifically approved by or on behalf of that authority;

      (ii)   the minimum safe flight altitudes for each route to be flown;

      (iii)   a route guide for each route flown, containing information relating to communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary for the proper conduct of flight operations.

      (b)   In respect of any flight to be made by the aircraft otherwise than on a scheduled journey, the operator shall establish in the said Manual—

      (i)   the method by which the aerodrome meteorological minima for each aerodrome of intended destination and any alternate aerodrome on the route of such a flight shall be determined:

Provided that, if any such aerodrome will frequently be used, the operator shall establish such minima for that aerodrome and shall specify such minima in the said Manual;

      (ii)   the method of determining minimum safe flight altitudes;

      (iii)   instructions regarding the procurement of detailed information with respect to communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary.

      (c)   In respect of any flight to be made by the aircraft on all journeys, the operator shall establish in the said Manual—

      (i)   instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations;

      (ii)   the flight crew for each type of operation to be conducted including the designation of the succession of command;

      (iii)   emergency flight procedures, including procedures for pilots-in-command observing an accident;

      (iv)   the circumstances in which a radio listening watch is to be maintained;

      (v)   a list of the navigational equipment to be carried;

      (vi)   specific instructions for the computation of the quantities of fuel and oil to be carried having regard to all circumstances of the operation including the possibility of the failure of one or more power plants while en route;

      (vii)   the conditions under which oxygen shall be used.

   (9) When a flight is planned and the meteorological information obtained by the person in command of the aircraft indicates that Instrument Flight Rules will be in force at the aerodrome of first intended landing, the person in command shall select an alternate aerodrome unless no such aerodrome suitable for use in the circumstances of the case is available.

   (10) Prior to commencing a flight, the person in command of the aircraft shall obtain the aerodrome meterological minima for take-off at the aerodrome of departure and for landing at the aerodrome of first intended landing, and, if the provisions of sub-regulation (9) apply, the aerodrome meteorological minima for landing at any alternate aerodrome selected by him, as specified in the said Manual, or, in a case where such minima are not so specified, as determined by him in accordance with the method specified in the said Manual:

Provided that, if the minima for any such aerodrome are determined by the person in command in accordance with the method specified in the Manual, they shall not be lower than the aerodrome meterorological minima, if any, for that aerodrome established by the appropriate authority, unless such minima have been specifically approved by or on behalf of that authority.

   (11) The aircraft shall not commence a flight unless the meterological information obtained by the person in command thereof indicates that weather conditions at the aerodrome of first landing or, if the provisions of sub-regulation (9) apply, at any alternate aerodrome selected by him, will at the estimated time of arrival at that aerodrome be at or above the aerodrome meteorological minima for landing at that aerodrome as specified in the said Manual or, as determined by him in accordance with the provisions of sub-regulation (12), as the case may be.

   (12) The aircraft shall not, unless compelled by accident or other unavoidable cause, continue its approach to landing at any aerodrome beyond a point at which the limits of the aerodrome meteorological minima for landing at that aerodrome as specified in the said Manual, or, as determined by the person in command thereof in accordance with the provisions of sub-regulation (10), as the case may be, would be passed.

   (13) The Director may take such measures as he may consider necessary to satisfy himself that the provisions of sub-regulations (3) to (8) are being complied with by the operator.

[Am by GN 269 of 1957, 387 of 1963.]

PART XI
OPERATING CREW

72.   Holding of licenses

   (1) Subject to the provisions of this regulation, no person shall fly or attempt to fly as a member of the operating crew of a locally registered aircraft unless he is the holder of a license granted or rendered valid under these Regulations.

   (2) No person shall fly or attempt to fly within Zambia as a member of the operating crew of an aircraft registered outside Zambia unless he is the holder of a license granted or rendered valid under the law of the country in which the aircraft is registered.

   (3) No aircraft shall fly or attempt to fly unless every member of the operating crew thereof is the holder of the license which he is required to hold under the provisions of this Part.

   (4) For the purposes of this regulation, "license" means a license which entitles the holder thereof to act in the capacity in which he is flying as a member of the operating crew of an aircraft having regard to the privileges conferred by the license and any limitation affecting such privileges in relation to the class, type and description of the aircraft or otherwise and to the circumstances of the flight in which the aircraft is engaged.

   (5) For the purposes of this regulation, a person shall not be deemed to be a member of the operating crew of an aircraft—

      (a)   if he is flying in accordance with the provisions of these Regulations for the purpose of becoming qualified for the grant or renewal of a pilot’s license of any class; or

      (b)   if he is flying in accordance with the provisions of these Regulations for the purpose of undergoing tests or receiving instruction in flying required to be undertaken for admission into any military or naval air force.

   (6) (a) The holder of a pilot’s license of any class may fly as pilot in charge of classes or types of aircraft other than those to which the license applies if he flies in accordance with the provisions of Part XIV and for the purpose of qualifying for an extension of the aircraft rating included in the license to cover additional classes or types of aircraft.

      (b)   A person may fly in accordance with the provisions of paragraph (a) as pilot in charge of a public transport flying machine provided that the license he holds entitles him to fly as pilot in charge of a public transport flying machine and every passenger carried in the flying machine is being carried for the purpose of being trained to perform duties as a member of the operating crew of a flying machine.

[Am by GN 387 of 1963; SI 153 of 1965.]

73.   Operating crew to be carried

   (1) No aircraft shall fly or attempt to fly unless the members of its operating crew are of the number and description required by the law of the country in which the aircraft is registered.

   (2) No locally registered aircraft shall fly unless the number and description of the members of the operating crew carried in such aircraft and the arrangements made as to their duties are in accordance with the following requirements:

      (a)   Minimum crew for any flight.

On all flights an aircraft shall have on board, for the purpose of acting as members of the operating crew, the number and description of persons specified as the minimum operating crew for that aircraft in its certificate of airworthiness.

      (b)   Carriage of a flight engineer.

Where a flight engineer is required by the terms of the certificate of airworthiness to be carried in an aircraft, and a separate flight engineer’s station is incorporated in the design of the aircraft, a flight engineer, qualified under the terms of his license to act in that capacity in the aircraft, shall be carried and assigned for duties only at the said station unless the operating crew includes a person, licensed for flight duties in another capacity and being also the holder of the appropriate flight engineer’s license who could, without interference with his normal duties, carry out satisfactorily the duties also of flight engineer, in which case that person may act in the capacity of flight engineer.

      (c)   Carriage of additional pilots.

      (i)   When an aircraft carries two or more pilots as members of the operating crew—

         A.   one of them shall, before the flight commences, be designated by the operator of the aircraft as the senior pilot and the other pilots shall act only under his direction;

         B.   two pilots shall remain at the controls when the aircraft is departing from or landing at an aerodrome; and

         C.   at least one pilot shall remain at the controls at all times during flight.

      (ii)   A public transport flying machine having a maximum total weight authorised of more than 22,550 lb. when departing from or arriving at an aerodrome in instrument meteorological conditions as defined in regulation 2 of the Aviation (Rules of the Air) Regulations shall carry, to act in the capacity of second pilot and for the particular purpose of assisting the senior pilot during such departure and arrival as aforesaid, a person who is the holder of a commercial, senior commercial or airline transport pilot’s license (flying machines) including an instrument rating.

      (d)   Carriage of a flight navigator.

      (i)   A public transport flying machine carrying out—

         A.   a flight during the course of which it may be over water for a great circle distance of more than 1,000 nautical miles; or

         B.   a flight without landing for a great circle distance of more than 1,500 nautical miles;

shall have on board to act in the capacity of flight navigator a person who is the holder of a flight navigator’s license. Save as provided in sub-paragraph (ii), he shall be a separate person from any other member of the operating crew and shall not carry out any duties in the flying machine other than navigational duties.

      (ii)   When a pilot and second pilot are carried, either the pilot or the second pilot, whichever is licensed as a flight navigator, may be responsible for the navigation of the flying machine if he holds a commercial, senior commercial or airline transport pilot’s license (flying machines) having an aircraft rating in respect of the particular type of flying machine.

   (3) The Director may vary any of the requirements prescribed in sub-regulation (2) or add further requirements thereto including requirements with respect to the class, type and description of the aircraft or the circumstances of the flight in which it is engaged, or may exempt an aircraft from compliance with any of the prescribed requirements subject to such conditions, if any, as he may consider to be required, if in the circumstances of that case it appears to him to be expedient.

[Am by GN 269 of 1957.]

74.   Duty time limitations for flight crews

   (1) For the purposes of this regulation—

      (a)   a member of a flight crew shall be deemed to be performing duty during—

      (i)   the period commencing not less than 30 minutes before the scheduled time of the first take-off of the aeroplane on a flight and ending the moment the aeroplane moves under its own power before take-off on that flight;

      (ii)   any period spent on flying duty;

      (iii)   the period of 15 minutes immediately following the moment when the engines of the aeroplane are switched off after landing;

      (iv)   any period spent at an aerodrome or elsewhere in the course of a flight which is not a rest period;

      (v)   any period of dead head flying;

      (b)   "commander" means the person in charge of a public transport aircraft;

      (c)   "dead head flying" means any flying as a passenger by a member of a flight crew for the purpose of travelling to or from a duty assignment;

      (d)   "flying duty" means any period spent on duty as a member of the flight crew in an aeroplane while it is in actual flight, such period being calculated from the moment the aeroplane moves under its own power before take-off to the moment when the engines of the aeroplane are switched off after landing;

      (f)   "month" means any one of the 12 named parts into which a year is ordinarily divided in the calendar;

      (g)   "rest period" means a period during which no duties whatsoever are performed by a member of a flight crew in connection with the business of an air transport undertaking including any such period spent in an aeroplane equipped with sleeping quarters in terms of sub-paragraph (i) of paragraph (b) of sub-regulation (6) but not including any period spent in travelling to or from a duty assignment;

      (h)   "year" means a period of 12 months ending at midnight on the 31st December.

   (2) No operator of an air transport undertaking shall cause, permit or schedule any member of a flight crew to perform duty or flying duty, and no member of a flight crew shall perform duty or flying duty, otherwise than in accordance with the provisions of this regulation.

   (3) In relation to any flight or flights by an aeroplane with an operating crew of one pilot only—

      (a)   a pilot shall not perform duty for more than 11 hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 12 hours during any 24 consecutive hours:

Provided that he may exceed these limits for the purpose of dead head flying after he has performed 11 or 12 hours’ duty, as the case may be;

      (b)   a pilot shall not perform flying duty for more than eight hours during any 24 consecutive hours unless he has a continuous rest period of not less than eight hours’ duration at or before the end of eight hours’ flying duty, and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after he has performed 11 or 12 hours’ duty, as the case may be;

      (c)   a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;

      (d)   a pilot shall not perform flying duty for periods exceeding in the aggregate-

      (i)    28 hours in any seven consecutive days;

      (ii)   ninety hours in any month;

      (iii)   nine hundred hours in any year.

   (4) In relation to any flight or flights by an aeroplane with an operating crew of two pilots only or one pilot and one licensed member of an operating crew who is not a pilot—

      (a)   a pilot shall not perform duty for more than 12 hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 13 hours during any 24 consecutive hours:

Provided that he may exceed these limits for the purpose of dead head flying after he has performed 12 or 13 hours’ duty, as the case may be;

      (b)   a pilot shall not perform flying duty for more than nine hours or, if such duty commences after 6 a.m. local time and ends before 10 p.m. local time, for more than 10 hours during any 24 consecutive hours unless he has a continuous rest period of not less than eight hours’ duration at or before the end of nine or 10 hours’ flying duty, as the case may be, and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after he has performed 12 or 13 hours’ duty, as the case may be;

      (c)   a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;

      (d)   a pilot shall not perform flying duty for periods exceeding in the aggregate-

      (i)   32 hours in any seven consecutive days;

      (ii)   one hundred hours in any month;

      (iii)   nine hundred hours in any year.

   (5) In relation to any flight or flights by an aeroplane with an operating crew of two pilots and one licensed member of an operating crew who is not a pilot—

      (a)   a pilot shall not, during any 24 consecutive hours, perform—

      (i)   duty for more than 15 hours; or

      (ii)   flying duty for more than eleven and a half hours; unless he has, before and after such duty, rested in accordance with paragraph (b);

Provided that these limits may be exceeded for the purpose of emergencies or dead head flying;

      (b)   a pilot shall have a continuous period of rest for eight hours’ duration and to this rest period there shall be added a further rest period calculated at the rate of one and a half hours for every hour spent by him in dead head flying after 15 hours’ duty; hours for every hour spent by him in dead head flying after he has performed 14 or 15 hours’ duty, as the case may be;

      (c)   a pilot shall have a continuous rest period of not less than 36 hours’ duration once in every seven consecutive days;

      (d)   a pilot shall not perform flying duty for periods exceeding in the aggregate-

      (i)   36 hours in any seven consecutive days;

      (ii)   one hundred hours in any month;

      (iii)   nine hundred hours in any year.

   (6) In relation to any flight or flights by an aeroplane with an operating crew of three or more pilots and one or more licensed members of an operating crew who are not pilots—

      (a)   flying duty shall be scheduled in such a manner as to provide for adequate rest periods on the ground while the operating crew is away from base;

      (b)   when pilots are scheduled to proceed on a flight for a period exceeding 12 hours during any 24 consecutive hours—

      (i)   adequate sleeping quarters providing comfort in the fully prone position shall be available on the aeroplane; and

      (ii)   two pilots shall be designated proficient to act as pilot-in-command of the aeroplane by the operator of the air transport undertaking; and

      (iii)   the senior pilot-in-command shall ensure that adequate rest periods are given to members of the operating crew;

      (c)   upon return to base from any flight a pilot shall have at base a rest period of not less than twice the total number of hours of flying duty performed by him since his last rest period;

      (d)   a pilot shall not perform flying duty for periods exceeding in the aggregate—

      (i)   one hundred and twenty hours in any one month;

      (ii)   three hundred hours in any three consecutive months;

      (iii)   nine hundred hours in any year.

   (7) Licensed members of an operating crew, who are not pilots, shall—

      (a)   perform duty and flying duty within the limits prescribed for pilots who are members of the same operating crew;

      (b)   have rest periods equal to those prescribed for pilots who are members of the same operating crew.

   (8) Pilots assigned to instructional duties, who during any month exceed 20 hours’ flying duty spent in flight instruction, shall not perform more than eighty hours’ flying duty in that month.

   (9) If a pilot performs flying duty as a member of more than one of the operating crews referred to in sub-regulations (3), (4), (5) and (6), then the aggregate of his periods of flying duty in any month shall not exceed the limit prescribed for that aggregate in respect of a pilot member of that operating crew, with which the pilot has operated, which contains the least number of pilots:

Provided that if a pilot performs flying duty for a total period of not more than 10 hours as a member of an operating crew or crews containing a lesser number of pilots than any other operating crew to which he is assigned, then the provisions of this sub-regulation shall not apply.

   (10) In times of any public emergency the limits of duty and flying duty fixed in this regulation may, with the permission of the Director, be exceeded to an extent to be determined by the Director when he grants permission.

   (11) A person shall be deemed not to have contravened the provisions of this regulation by making any flight during which he exceeds the limits of duty or flying duty or does not have the rest period fixed in this regulation and applicable to that person, if he proves—

      (a)   that he was only flying at that time due to an unavoidable delay in completing the flight; and

      (b)   that before commencing the flight he could not reasonably have foreseen that any delay in completing it was likely to occur.

   (12) Notwithstanding anything to the contrary contained in this regulation, the commander of a public transport aircraft may make or authorise any other person to make a flight in that aircraft in such circumstances that the commander or that other person, as the case may be, will exceed the limits of duty or flying duty or not have the rest period fixed in this regulation and applicable to the commander or that other person, if 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, and—

      (a)   it appears to the commander—

      (i)   that arrangements had been made for the flight to be made; and

      (ii)   if the flight had been made in terms of those arrangements, each member of the flight crew would not have exceeded the limits of duty or flying duty and would have had the rest period fixed in this regulation and applicable to him; and

      (iii)   that the flight had been or will be prevented from being made in accordance with those arrangements by reasons of—

         A.   exceptional circumstances; or

         B.   circumstances which were not foreseen as likely to prevent that flight from being made; or

      (b)   in the opinion of the commander the flight is one which ought to be made in the interests of the safety or health of any person.

   (13) Where a flight is made in a public transport aircraft in terms of sub-regulation (12), a written report stating—

      (a)   the name of the person who made the flight; and

      (b)   the circumstances in which the flight was made; and

      (c)   the reason for making the flight;

shall be submitted by the commander to the operator of the aircraft who shall submit the report to the Director and furnish such further information relating to the flight as the Director may require.

[Am by GN 130 of 1962; SI 180 of 1985.]

75.   Crediting of flight time

   (1) A student pilot shall credit the total flight time during which he is the sole manipulator of the controls or is being instructed towards the experience required for a private pilot license.

   (2) A private pilot shall be entitled to be credited with the total flight time during which he acts as pilot-in-command and is the sole manipulator of the controls, towards the total flight time required for a higher grade of license.

   (3) A private pilot, when acting as co-pilot in an aircraft normally required to be operated with a co-pilot, shall be entitled to be credited with not more than 50 per centum of such flight time towards the total flight time required for a commercial pilot license. Flight time so credited shall not exceed 50 hours.

   (4) A commercial pilot or senior commercial pilot shall be entitled to be credited with the total flight time whilst acting as pilot-in-command.

   (5) A commercial pilot or senior commercial pilot, whilst acting as co-pilot in an aircraft normally required to be operated with a co-pilot, shall be entitled to be credited with not more than 50 per centum of such flight time towards the total flight time required for a higher grade of pilot license.

   (6) An airline transport pilot shall be entitled to be credited with the total flight time whilst acting as pilot-in-command or as co-pilot, provided that he is the holder of the appropriate category, class and type rating.

   (7) A pilot actually manipulating the flight controls of an aircraft under actual or simulated instrument flight conditions solely by reference to instruments and without external reference points, shall be entitled to be credited with the instrument flight time thus acquired.

   (8) Dual instruction time shall be counted in full towards the total flight time required for a higher grade of pilot license.

   (9) Flight crew members other than the aforementioned shall be entitled to credit the flight time of any flight whilst acting in the respective category.

   (10) A flight radio operator who, during flight, manipulates radio or radar equipment other than radio compass, direction-finding loop or communication equipment, shall be credited, under each type of equipment, with the flight time thus acquired.

   (11) Where a flight crew member, other than a flight radio operator, undertakes the duties of a flight radio operator, he may credit the flight time spent exclusively on such duties in his radio operator log book and the log book applicable to his briefed flight-crew capacity.

PART XII
LOG BOOKS AND DOCUMENTS

76.   Log books for aircraft

   (1) No locally registered aircraft shall fly unless the following log books are kept in respect of such aircraft:

      (a)   an aircraft log book;

      (b)   an engine log book, or if the aircraft is fitted with more than one engine, a separate log book for each engine;

      (c)   a variable pitch propeller log book, or if the aircraft is fitted with more than one such propeller, a separate log book for each propeller;

      (d)   in addition for every aircraft equipped with radio apparatus, a telecommunication log book.

   (2) The following log books shall be in all essentials in the form of the authorised patterns:

Aircraft log book, other than for airships and balloons;

Engine log book;

Variable pitch propeller log book;

Personal flying log book.

   (3) The log books specified in sub-regulation (2) may be obtained from the Director on payment of the appropriate fees.

[Am by GN 151 of 1957.]

77.   Log books

All log books shall show all the information and particulars which are required to be supplied, and the instructions for use set out therein shall be followed.

[Am by GN 151 of 1957.]

78.   Flying log books

No locally registered aircraft shall fly unless every member of the operating crew of such aircraft and every person flying in accordance with the provisions of these Regulations and the conditions prescribed for the purpose of becoming qualified for the grant or renewal of a license by the Director, or flying in accordance with the provisions of these Regulations for the purpose of undergoing tests or receiving instruction in flying required to be undertaken for admission into any military or naval air force, keeps a personal flying log book, and all flight time spent as a flight crew member is recorded therein. The form of log book and the manner in which log books are to be maintained shall be as notified.

[Am by SI 153 of 1965.]

79.   Entries in log books

The following provisions shall have effect with respect to the log books specified in regulations 76 and 78:

   (1) All entries, other than preliminary data ordinarily furnished by the constructor in the original aircraft, engine and variable pitch propeller log books shall—

      (a)   in the case of a certificate under regulation 39, be made and signed in accordance with that regulation or regulation 40, as the case may be;

      (b)   in other cases, be made and signed by a licensed aircraft maintenance engineer:

Provided that—

      (i)   in respect of matters which could not have come to the notice of a licensed aircraft maintenance engineer, entries shall be made and signed by the pilot;

      (ii)   this sub-paragraph shall not apply in respect of any entry prescribed to be made by the persons referred to in regulation 40.

   (2) Where repairs to an aircraft, engine or variable pitch propeller have been required in consequence either of damage caused by a forced landing or of defects which have occasioned a forced landing, the entry of such repairs made in the aircraft, engine or variable pitch propeller log book shall state that they have been so required and shall identify the forced landing in question.

   (3) Entries in the personal flying log book shall be made at latest 24 hours after the events to which they relate, and entries in the aircraft, engine or variable pitch propeller log book shall be made at latest within 24 hours after the aircraft has been rendered airworthy by the execution of the work to which they relate or, if the work was performed whilst the aircraft was away from its station, within 24 hours of the return of the aircraft to its station.

   (4) Every entry and signature in any log book shall be made in ink or indelible pencil.

   (5) The log book, except the telecommunication log book, shall be preserved for a period of two years from the date of the last entry therein; the telecommunication log book shall be preserved for a period of at least six months from the date of the last entry therein and, in a case where that log book is required in connection with any inquiry or proceedings, for such longer period as may be required for the purposes thereof.

[Am by GN 151 of 1957.]

80.   Documents to be carried in aircraft

   (1) No aircraft shall fly unless it carries the documents required to be carried therein by the law of the country in which it is registered.

   (2) There shall be carried in every locally registered aircraft—

      (a)   when engaged in international navigation—

      (i) its certificate of registration;

      (ii)   its certificate of airworthiness;

      (iii)   the licenses of its operating crew;

      (iv)   sufficient copies of the general declaration form specified in the Fifth Schedule;

      (v)   [Revoked by SI 212 of 1973];

      (vi)   any license to install and operate radio apparatus in the aircraft for the time being in force;

      (vii)   in the case of a public transport aircraft, one of the duplicate copies of the certificate of maintenance which was last issued in respect of the aircraft;

      (viii)   in the case of a public transport aircraft, one of the duplicate copies of any load sheet relating to the aircraft required under these Regulations;

      (ix)   in the case of an aircraft carrying passengers, a list of their names and places of embarkation and destination;

      (x)   in the case of an aircraft carrying goods, a manifest of the goods;

      (b)   when not engaged in international navigation—

      (i)   if flying as a public transport aircraft, the documents specified in sub-paragraphs (i), (ii), (iii), (vi), and (vii) of paragraph (a) and the documents, if required, specified in sub-paragraph (viii) thereof;

      (ii)   if flying as an aerial work aircraft, the documents specified in sub-paragraphs (ii), (iii) and (vi) of paragraph (a);

      (iii)   when flying as a private aircraft, the documents specified in sub-paragraphs (ii), (iii) and (vi) of paragraph (a);

      (iv)   ...

[Revoked by SI 212 of 1973.]

   (3) In any case where a certificate of airworthiness or a license required to be carried in an aircraft in accordance with the provisions of these Regulations has been rendered valid by a validation issued by the Director under these Regulations, there shall be carried in the aircraft with the certificate or license the validation so issued.

[Am by GN 641 of 1954, 151 of 1957; SI 212 of 1973.]

81.   General provisions

   (1) No aircraft registered outside Zambia shall fly unless the documents required by these Regulations to be carried therein are kept in the form and manner required by the law of the country in which the aircraft is registered.

   (2) No locally registered aircraft shall fly unless the certificate of airworthiness of such aircraft and, if such certificate has been rendered valid by a validation issued by the Director under these Regulations, the validation so issued is kept with the general declaration when the document is required under these Regulations to be carried in the aircraft.

   (3) The provisions of this sub-regulation shall have effect with respect to the duplicate copies of a certificate of maintenance—

      (a)   one copy shall, if the certificate is issued by a person in the employment of the operator of the aircraft, be retained by the operator and, if not issued by such a person, shall be sent by the person in command of the aircraft to the operator thereof;

      (b)   no aircraft shall fly unless it carries the other copy kept with the general declaration whenever such document is required under these Regulations to be carried in the aircraft. When a further certificate is issued, the old copy of the certificate shall be sent by the person in command of the aircraft to the operator thereof;

      (c)   the operator of the aircraft shall preserve both copies until the expiration of a period of six months from the date of the certificate.

   (4) The following provisions of this sub-regulation shall have effect with respect to the duplicate copies of a load sheet:

      (a)   after the load sheet has been completed and examined in accordance with the provisions of sub-regulation (1) of regulation 54, the operator of the aircraft shall cause one copy thereof to be sent to him;

      (b)   no aircraft shall fly unless it carries the other copy kept with the general declaration whenever such document is required under these Regulations to be carried in the aircraft. When the flight to which such copy relates has been completed, the person in command of the aircraft shall send it to the operator thereof;

      (c)   the operator of the aircraft shall preserve both copies until the expiration of six months from the date of completion thereof;

      (d)   in any case where the loading of the aircraft to which the load sheet relates forms the subject of inquiry or proceedings, the particulars contained in the load sheet shall be deemed to be correctly stated unless the contrary is proved.

   (5) If the operator of an aircraft is also the person in command thereof, he shall cause the copy of the certificate of maintenance referred to in paragraph (a) of sub-regulation (3) or the copy of the load sheet referred to in paragraph (a) of sub-regulation (4), as the case may be, to be kept at his principal office or place of business and shall retain the copy of the certificate of maintenance referred to in paragraph (b) of sub-regulation (3) or the copy of the load sheet referred to in paragraph (b) of sub-regulation (4), as the case may be, for a period of six months after the issue in the one case of the further certificate referred to in paragraph (b) of sub-regulation (3) or the completion in the other case of the flight referred to in paragraph (b) of sub-regulation (4).

   (6) As from the time when any copy of a certificate of maintenance or any load sheet becomes retainable by or transmissible to the operator of the aircraft, it shall not be carried in the aircraft to which it relates.

[Am by GN 641 of 1954, 151 of 1957, 387 of 1963.]

82.   Production of documents

   (1) The person in command of an aircraft shall, on demand made on the landing or departure of the aircraft by an authorised person, produce to that person any of the following documents relating to the aircraft or to persons or goods carried therein—

      (a)   its certificate of registration;

      (b)   any certificate of airworthiness for the time being in force with respect to the aircraft and, in the case of a locally registered public transport aircraft, one of the duplicate copies of its certificate of maintenance;

      (c)   the licenses of its operating crew, and the student pilot’s license of any person required under regulation 98 to be the holder of such a license;

      (d)   the general declaration in all cases in which the general declaration is required under these Regulations to be carried in the aircraft;

      (e)   ...

[Revoked by SI 212 of 1973.]

      (f)   any license to install and operate radio apparatus in the aircraft for the time being in force;

      (g)   in the case of a locally registered public transport aircraft, one of the duplicate copies of any load sheet relating to the aircraft which may be required under these Regulations;

      (h)   if it is engaged in international navigation and carries passengers, a list of their names and places of embarkation and destination;

      (i)   if it is engaged in international navigation and carries goods, a manifest of the goods:

Provided that, in the case of a locally registered aircraft which is within Zambia and is not engaged in international navigation, it shall be deemed to be a sufficient compliance with this regulation, as regards the production of the documents specified in paragraphs (b), (c), and (f) in the case of an aircraft flying as a public transport, aerial work, or private aircraft, and as regards the document specified in paragraph (g), if the person in command of such aircraft to whom any such demand has been made to produce any of the said documents, within five days after such demand has been made, produces or causes to be produced the document or documents so demanded at such police station as may be specified by such person in command at the time of such demand.

   (2) (a) The operator of a locally registered aircraft shall, on demand made by an authorised person, produce or cause to be produced, within a reasonable time, to that person—

      (i)   any certificate of registration or certificate of airworthiness for the time being in force with respect to the aircraft;

      (ii)   one of the duplicate copies of any certificate of maintenance issued, or of any load sheet in respect of the aircraft completed and examined in accordance with the provisions of sub-regulation (1) of regulation 54 within the period of six months next before the date of the demand;

      (iii)   any general declaration or log book required by these Regulations to be kept in respect of the aircraft wherein any entry was made within the period of two years next before the date of the demand;

      (iv)   any license to install and operate radio apparatus in the aircraft for the time being in force.

      (b)   Any person having the possession or custody of any record or certificate made or given in accordance with requirements prescribed with respect to the maintenance and certification of radio apparatus in aircraft shall, on demand made by an authorised person, produce or cause to be produced such record or certificate.

   (3) The holder of any license granted or rendered valid under these Regulations shall, on demand made by an authorised person, produce such license:

Provided that, if a demand is made for the production of a license granted under regulation 90 or rendered valid under sub-regulation (13) of regulation 90 which is not a license entitling the holder thereof to act in any capacity as a member of the operating crew of a public transport aircraft or an aerial work aircraft, it shall be deemed to be a sufficient compliance with this sub-regulation if the holder of such license, within five days after such demand has been made, produces or causes to be produced the license so demanded at such police station as may be specified by such holder at the time of such demand.

   (4) Every person required in accordance with the provisions of regulation 78 to keep a personal flying log book shall, on demand by an authorised person, produce or cause to be produced, within a reasonable time, to that person any personal flying log book kept by him.

   (5) If a certificate of airworthiness or a license required to be produced in accordance with the provisions of this regulation has been rendered valid by a validation issued by the Director under these Regulations, there shall be produced with the certificate or license the validation so issued.

   (6) For the purposes of this regulation, "authorised person" includes a superior or commissioned police officer.

[Am by GN 641 of 1954, 151 of 1957, 387 of 1963; SI 212 of 1973.]

83.   Powers of Director as to cancellation, etc., of documents

   (1) The Director may, on sufficient ground being shown to his satisfaction after due investigation by him and with effect from such date as he may determine, cancel, suspend or endorse any certificate, license or other document issued under these Regulations, or cancel, suspend or vary any particulars or other matter entered by him in or on any such certificate, license or other document and may in any particular case provisionally suspend any such certificate, license or other document pending investigation of the case. Such cancellation, suspension or endorsement shall be subject to confirmation by the Minister.

   (2) The holder or any person having the possession or custody of any certificate, license or other document issued under these Regulations shall, within a reasonable time after demand made by the Director, surrender the same to the Director.

   (3) The Director may, on being satisfied that the original of any certificate, license or other document issued under these Regulations has been lost or destroyed, issue a copy thereof or a similar document in replacement thereof.

   (4) Upon application being made to the Director for the renewal of any certificate, license or other document issued under these Regulations after such certificate, license or other document has ceased to be of force, the Director may, if he is satisfied that the conditions prescribed under these Regulations relating to the renewal of such certificate, license, or other document have been complied with, either renew the same or, if he thinks fit, issue to the applicant a fresh certificate, license or other document, as the case may be.

84.   Forgery, etc., of documents

   (1) No person shall with intent to deceive—

      (a)   forge, alter, assist in forging or altering, or procure to be forged or altered, any certificate, license or other document required by these Regulations or authorised by these Regulations to be issued; or

      (b)   use any such certificate, license or other document which has been forged, altered, cancelled or suspended, or to which he is not entitled; or

      (c)   lend any such certificate, license or other document to or allow it to be used by any other person; or

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