CHAPTER 444 - AVIATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Aviation (Insurance for Private Aircraft) Regulations
Aviation (Government Aerodromes) Regulations
Aviation (Obstructions, Lights and Smoke) Regulations
Aviation (Rules of the Air) 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
[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
4. Aircraft to which these Regulations apply
6. Application to State aircraft
8. Powers of Director in relation to maintenance, etc., of locally registered aircraft
PART II
REGISTRATION AND MARKS ON AIRCRAFT
10. Unregistered aircraft not to fly
11. Permission for unregistered aircraft to fly
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
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
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
PART V
INSPECTION, OVERHAUL, REPAIR AND MODIFICATION OF AIRCRAFT
36. Aircraft to which Part V applies: inspection by authorised persons
38. Requirements for overhauls, repairs, replacements and approved modifications
39. Certification of overhauls, repairs, replacements and approved modifications
PART VI
WEIGHING OF AIRCRAFT
41. Aircraft to which Part VI applies
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
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
PART IX
NAVIGATIONAL RESTRICTIONS, MANAGEMENT OF AIRCRAFT AND SAFETY PROVISIONS
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
67. Persons not to be carried in certain parts of aircraft
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
73. Operating crew to be carried
74. Duty time limitations for flight crews
PART XII
LOG BOOKS AND DOCUMENTS
80. Documents to be carried in aircraft
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
89A. Telecommunication Service Charges
PART XIV
PERSONNEL LICENSING REQUIREMENTS
93. Privileges of instrument rating
94. Qualifying conditions for towing rating
96. Qualifying flights for license extensions
103. Commercial pilot (soaring gliders)
104. Commercial pilot (trailing gliders)
105. Instrument rating requirements
106. Assistant 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
PART XV
AERODROMES
117. Authorisation by Director
118. Charges at and accessibility of aerodromes
119. Use of Government and designated aerodromes
122. Prohibition of entry on aerodromes
PART XVI
INVESTIGATION OF ACCIDENTS
124. Interpretation of terms in Part XVI
125. Notification of accidents
126. Interference with aircraft
127. Appointment of inspectors
129. Powers of boards of inquiry
131. Reports of boards of inquiry
PART XVII
GENERAL AND SUPPLEMENTARY
135. Powers of authorised persons and police officers
136. Obstruction of authorised persons
[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
These Regulations may be cited as the Air Navigation Regulations.
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.]
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.]
(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.]
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.]
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.]
(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 sub-regulation (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.]
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.]
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.]
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