CIVIL AVIATION REGULATIONS

\[STATE\]

# GENERAL POLICIES, PROCEDURES, AND DEFINITIONS

VERSION 2.5

April 2007

\[this page intentionally left blank\]

AMENDMENTS

  ------------- ---------- -------------------------------------------------
  Location      Date       Description

  1.1.1.2(b)    11/01/04   "Licence" added.

  1.1.1.3(b)    11/01/04   Subsection deleted.

  1.1.1.3(e)    11/01/04   "Subsection" replaced with "regulation."

  1.1.1.4       11/01/04   Section "Definitions" moved to 1.4. Definitions
                           from all Parts included in Section 1.4 for ease
                           of reference.

  1.2.1.15      11/01/04   "Drug and Alcohol" replaced with "Psychoactive
                           Substance" to agree with ICAO terminology.

  1.2.1.15(a)   11/01/04   Subsections (1) and (2) replaced with "be tested
                           for usage of psychoactive substances."

  1.2.1.15(b)   11/01/04   Old subsection (b) is now subsection (d). New
                           subsection (b) added.

  1.2.1.15(c)   11/01/04   Subsection text replaced in toto.

  1.3           11/01/04   Section text replaced in toto.

  1.3           8/6/06     Entire section of Exemptions moved to 1.4 with
                           corresponding change in numbering

  1.3           8/6/06     New section added on Investigative and
                           Enforcement Procedures with some new paragraphs
                           and some existing paragraphs on administrative
                           action, civil and criminal activities and
                           certificate action moved from section 1.2 to this
                           new section 1.3

  1.3.1         8/6/06     New paragraphs added on Investigative Procedures

  1.3.2         8/6/06     Moved from former paragraph 1.2.1.6

  1.3.3         8/6/06     Added new title of "Legal Enforcement Actions"

  1.3.3.1       8/6/06     Moved from former paragraph 1.2.1.8

  1.3.3.2       8/6/06     Moved from former paragraph 1.2.1.9

  1.3.3.3       8/6/06     Moved and combined former paragraphs 1.2.1.7.1;
                           1.2.1.7.2; 1.2.1.7.3, 1.2.1.7.3, 1.2.1.10,
                           1.2.1.11, 1.2.1.12

  1.3.3.4       8/6/06     Added new paragraph on seizure of aircraft

  1.4(64)       10/11/02   "Second in Command" changed to Co-Pilot to agree
                           with ICAO terminology.

  1.4           8/6/06     Entire section of Definitions moved to a new
                           Section 1.5 with corresponding change in
                           numbering; new definitions added

  IS: 1.2.1.8   8/6/06     Moved from previous IS: 1.2.1.15(A) to match Part
                           1 reformatting

  IS: 1.3.3     8/6/06     Moved from previous IS: 1.2.1.8(D) to match Part
                           1 reformatting; added new sanction to Table 2 for
                           "Security Violations by Individuals"
  ------------- ---------- -------------------------------------------------

Introduction

The Model Regulations are presented in eleven Parts. Part 1, *General
Policies, Procedures and Definitions*, sets forth the basic rules of
construction and application of the regulations, and the rules governing
the administration of licences, certifications and investigative and
enforcement procedures. Of special interest are the Implementing
Standards that accompany each Part. These Implementing Standards provide
detailed requirements that support the intent of a regulation presented
in a Part, and unless otherwise indicated, have the legal force and
effect of the referring regulation. Part 1 contains: rules of
construction of the regulations, general administrative rules governing
testing, licences, and certificates, investigative and enforcement
procedures exemptions and the definitions used in these regulations. The
ICAO Annexes do not specifically address the specific set up of a
\[STATE\] regulatory, compliance and enforcement structure. Consequently
the development of Part 1 in most areas is based largely on 14 CFR.

CONTENTS

[**PART 1--- GENERAL POLICIES, PROCEDURES, AND DEFINITIONS**
1-i](#general-policies-procedures-and-definitions)

[1.1 RULES OF CONSTRUCTION 1-1](#rules-of-construction)

[1.1.1.1 Rules of Construction 1-1](#rules-of-construction-1)

[1.1.1.2 Applicability 1-1](#applicability)

[1.1.1.3 Organisation of Regulations 1-2](#organisation-of-regulations)

[1.2 GENERAL ADMINISTRATIVE RULES GOVERNING TESTING, LICENCES, AND
CERTIFICATES
1-2](#general-administrative-rules-governing-testing-licences-and-certificates)

[1.2.1.1 Display and Inspection of Licences and Certificates
1-2](#display-and-inspection-of-licences-and-certificates)

[1.2.1.2 Change of Name 1-3](#change-of-name)

[1.2.1.3 Change of Address 1-3](#change-of-address)

[1.2.1.4 Replacement of a Lost or Destroyed Airman Licence or Medical
Certificate or Knowledge Test\
Report
1-3](#replacement-of-a-lost-or-destroyed-airman-licence-or-medical-certificate-or-knowledge-test-report)

[1.2.1.5 Falsification, Reproduction, or Alteration of Applications,
Licences, Certificates, Logbooks,\
Reports, or Records
1-4](#falsification-reproduction-or-alteration-of-applications-licences-certificates-logbooks-reports-or-records)

[1.2.1.6 Voluntary Surrender or Exchange of Licence
1-4](#voluntary-surrender-or-exchange-of-licence)

[1.2.1.7 Prohibition on Performance During Medical Deficiency
1-5](#prohibition-on-performance-during-medical-deficiency)

[1.2.1.8 Psychoactive Substance Testing and Reporting
1-5](#psychoactive-substance-testing-and-reporting)

[1.3 Investigative and enforcement procedures
1-6](#investigative-and-enforcement-procedures)

[1.3.1 Investigative Procedures 1-6](#investigative-procedures)

[1.3.1.1 Reports of Violations 1-6](#reports-of-violations)

[1.3.1.2 Investigations---General 1-6](#investigationsgeneral)

[1.3.1.3 Formal Complaints 1-6](#formal-complaints)

[1.3.2 Administrative Action 1-6](#administrative-action)

[1.3.3 Legal Enforcement Actions 1-7](#legal-enforcement-actions)

[1.3.3.1 Civil Penalties 1-7](#civil-penalties)

[1.3.3.2 Criminal Penalties 1-7](#criminal-penalties)

[1.3.3.3 Certificate Action 1-7](#certificate-action)

[1.3.3.4 Seizure of Aircraft 1-8](#seizure-of-aircraft)

[1.4 EXEMPTIONS 1-8](#exemptions)

[1.4.1 APPLICABILITY 1-8](#applicability-1)

[1.4.2 GENERAL 1-9](#general)

[1.4.3 REQUIREMENTS FOR APPLICATION 1-9](#requirements-for-application)

[1.4.3.1 General 1-9](#general-1)

[1.4.3.2 Substance of the Request for Exemption
1-9](#substance-of-the-request-for-exemption)

[1.4.4 REVIEW, PUBLICATION, AND ISSUE OR DENIAL OF THE EXEMPTION
1-10](#review-publication-and-issue-or-denial-of-the-exemption)

[1.4.4.1 Initial Review by the Authority
1-10](#initial-review-by-the-authority)

[1.4.4.2 Evaluation of the Request 1-10](#evaluation-of-the-request)

[1.4.4.3 Notification of Determination
1-11](#notification-of-determination)

[1.4.4.4 Extension of the Exemption to other Interested Parties
1-11](#extension-of-the-exemption-to-other-interested-parties)

[1.5 Definitions 1-11](#definitions)

[PART 1--- IMPLEMENTING STANDARDS IS: 1-i](#implementing-standards)

[IS 1.2.1.8 List of Psychoactive Substances IS:
1-1](#__RefHeading___Toc165778331)

[IS 1.3.3. Legal Enforcement actions IS:
1-1](#__RefHeading___Toc165778332)

[Table 1. Range of civil penalties IS:
1-2](#table-1.-range-of-civil-penalties)

[Table 2. Recommended Sanctions IS:
1-2](#table-2.-recommended-sanctions)

[I. Air Operators and Airport Operators IS:
1-2](#__RefHeading___Toc165778335)

[II. Personnel of Air Carriers IS: 1-4](#__RefHeading___Toc165778336)

[III. Individuals and General Aviation---Owners, Pilots, Maintenance
Personnel, Approved\
Maintenance Organisations, Approved Training Organisations IS:
1-7](#__RefHeading___Toc165778337)

[IV. Security Violations by Individuals IS:
1-11](#__RefHeading___Toc165778338)

##  {#section .unnumbered}

## RULES OF CONSTRUCTION

#### Rules of Construction 

##### Throughout these regulations the following word usage applies:

###### *Shall* indicates a mandatory requirement.

###### The words "*no person may*\..." or "a *person may not*\..."mean that no person is required, authorised, or permitted to do an act described in a regulation.

###### *May* indicates that discretion can be used when performing an act described in a regulation.

###### *Will* indicates an action incumbent upon the Authority.

###### *Includes* means "includes but is not limited to."

###### *Approved* means the Authority has reviewed the method, procedure, or policy in question and issued a formal written approval.

###### *Acceptable* means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation*.*

###### *Prescribed* means the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may."

#### Applicability

##### These regulations shall apply to all persons operating or maintaining the following---

###### \[STATE\] registered aircraft;

###### Aircraft registered in another Contracting State that are operated by a person licensed by \[STATE\], and must be maintained in accordance with the standards of the aircraft State of Registry, wherever that maintenance is performed;

###### Aircraft of other Contracting States operating in \[STATE\]. 

##### Those regulations addressing persons certificated under any Part of these regulations apply also to any person who engages in an operation governed by any Part of these regulations without the appropriate certificate, licence, operations specification, or similar document required as part of the certification.

##### Regulations addressing general matters establish minimum standards for all aircraft operated in \[STATE\]. Specific standards applicable to the holder of a certificate shall apply if they conflict with a more general regulation. 

##### Foreign air operators who conduct commercial air transport into, from, or within \[STATE\], shall be governed by the provisions of the Operations Specification issued by the Authority, and by those provisions in Parts 7, 8, and 10 that specifically address commercial air transport. Regulations that address AOC holders apply only to operators certificated by \[STATE\].

#### Organisation of Regulations

##### These regulations are subdivided into five hierarchical categories:

###### *Part* refers to the primary subject area.

###### *Subpart* refers to any subdivision of a Part. 

###### *Section* refers to any subdivision of a Subpart. 

###### *Subsection* refers to the title of a regulation and can be a subdivision of a Subpart or Section, 

###### *Paragraph* refers to the text describing the regulations. All paragraphs are outlined alphanumerically in the following hierarchical order: (a), (1), (i), (A). 

##### Acronyms used within each Part are defined at the beginning of those Parts, and if a definition is supplied, a note will indicate the Part where the definition is located.

##### Notes appear in Subsections to provide exceptions, explanations, and examples to individual requirements.

##### Regulations may refer to [Implementing Standards](#_IMPLEMENTING_STANDARDS), which provide additional detailed requirements that support the purpose of the subsection, and unless otherwise indicated, have the legal force and effect of the referring regulation. The rules of construction, Subsection 1.1.1.1, apply to [Implementing Standards](#_IMPLEMENTING_STANDARDS).

## GENERAL ADMINISTRATIVE RULES GOVERNING TESTING, LICENCES, AND CERTIFICATES

#### Display and Inspection of Licences and Certificates

##### Pilot licence:

###### To act as a pilot of a civil aircraft of \[STATE\] registry, a pilot shall have in his or her physical possession or readily accessible in the aircraft a valid pilot licence or special purpose authorisation issued under these regulations.

###### To act as a pilot of a civil aircraft of foreign registry within \[STATE\], a pilot shall be the holder of a valid pilot licence, and have the pilot licence in his or her physical possession or readily accessible in the aircraft.

##### Flight instructor licence: A person who holds a flight instructor licence shall have that licence, or other documentation acceptable to the Authority, in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that licence.

##### Other airman licence: A person required by any part of these regulations to have an airman's licence shall have it in their physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that licence.

##### Medical certificate: A person required by any part of these regulations to have a current medical certificate shall have it in their physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that certificate.

##### Approved Training Organization (ATO) certificate: Each holder of a certificate shall display that certificate in a place in the school that is normally accessible to the public and that is not obscured.

##### Aircraft Certificate of Registration: Each owner or operator of an aircraft shall carry the aircraft certificate of registration on the aircraft and have it available for inspection.

##### Aircraft Certificate of Airworthiness: Each owner or operator of an aircraft shall display that certificate in the cabin of the aircraft or at the entrance to the aircraft flight deck.

##### Approved Maintenance Organisation (AMO) Certificate: Each holder of an AMO certificate shall prominently display that certificate in a place accessible to the public in the principal business office of the AMO

##### Aerial work certificate: Each owner or operator of an aircraft engaged in aerial work shall carry that certificate or a copy of that certificate on the aircraft and have it available for inspection.

##### Air operator certificate: Each owner or operator of an aircraft engaged in commercial air transport shall carry the air operator certificate or a copy of that certificate on the aircraft and have it available for inspection. 

##### Inspection of licence: Each person who holds an airman or crewmember licence, medical certificate, or authorisation required by these regulations shall present it for inspection upon a request from---

###### The Authority; or

###### Any national or local law enforcement officer.

#### Change of Name

##### A holder of a licence or certificate issued under these regulations may apply to change the name on a licence or certificate. The holder shall include with any such request---

###### The current licence or certificate; and 

###### A copy of the marriage licence, court order, or other document verifying the name change.

##### The Authority will return to the airman the documents specified in paragraph (a) of this subsection.

#### Change of Address

##### The holder of an airman licence or certificate, or approved training organization certificate who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the licence or certificate unless the holder has notified the Authority in writing of the new permanent mailing address, or current residential address if the permanent mailing address includes a post office box number. 

#### Replacement of a Lost or Destroyed Airman Licence or Medical Certificate or Knowledge Test Report

##### An applicant who has lost or destroyed one of the following documents issued under these regulations shall request a replacement in writing from the office designated by the Authority:

###### An airman licence.

###### A medical certificate.

###### A knowledge test report.

##### The airman or applicant shall state in the request letter---

###### The name of the airman or applicant;

###### The permanent mailing address, or if the permanent mailing address includes a post office box number, the person's current residential address;

###### The social security number or equivalent national identification number;

###### The date and place of birth of the airman or applicant; and

###### Any available information regarding the---

####### Grade, number, and date of issuance of the licence, and the ratings, if applicable;

####### Date of the medical examination, if applicable; and 

####### Date the knowledge test was taken, if applicable.

##### After receiving a facsimile from the Authority confirming that the lost or destroyed document was issued, an airman may carry the facsimile in lieu of the lost or destroyed document for up to 60 days pending the airman's receipt of a duplicate document

#### Falsification, Reproduction, or Alteration of Applications, Licences, Certificates, Logbooks, Reports, or Records

##### No person may make or cause to be made concerning any licence, certificate, rating, qualification, or authorisation, application for or duplicate thereof, issued under these regulations:

###### Any fraudulent or intentionally false statement;

###### Any fraudulent or intentionally false entry in any logbook, record, or report that these regulations require, or used to show compliance with any requirement of these regulations;

###### Any reproduction for fraudulent purpose; or

###### Any alteration.

##### Any person who commits any act prohibited under paragraph (a) of this section may have his or her airman licence, rating, certificate, qualification, or authorisation revoked or suspended.

#### Voluntary Surrender or Exchange of Licence 

##### The holder of a licence or certificate issued under these regulations may voluntarily surrender it for:

###### Cancellation;

###### Issuance of a lower grade licence; or

###### Another licence with specific ratings deleted.

##### An applicant requesting voluntary surrender of a licence shall include the following signed statement or its equivalent: "This request is made for my own reasons, with full knowledge that my (insert name of licence or rating, as appropriate) may not be reissued to me unless I again pass the tests prescribed for its issuance."

#### Prohibition on Performance During Medical Deficiency 

##### A person who holds a current medical certificate issued under these regulations shall not act in a capacity for which that medical certificate is required while that person:

###### Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the required medical certificate; or

###### Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the required medical certificate.

#### Psychoactive Substance Testing and Reporting

##### Any person who performs any function requiring a licence, rating, qualification, or authorisation prescribed by these regulations directly or by contract for a certificate holder under the provisions of these regulations may be tested for usage of psychoactive substances. 

##### Chemicals considered psychoactive substances are listed in [IS 1.2.1.8](#_IS_1.2.1.8_List).

##### Any person subject to these regulations who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority may---

###### Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of that refusal; or

###### Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

##### Any person subject to these regulations who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority may---

###### Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of that refusal; or

###### Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

##### Any person subject to these regulations who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, may---

###### Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of final conviction; or

###### Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

ICAO Annex 1:1.2.7.1, 1.2.7.2, 1.2.7.3,

ICAO Annex 2:2.5,

ICAO Annex 6, Part I 3.4; 4.2.1.1

ICAO Annex 6, Part III, Section II: 2.2.1.1

ICAO Doc 9654

14 CFR: 121, Appendix J and K

## Investigative and enforcement procedures

### Investigative Procedures

#### Reports of Violations

##### Any person who knows of a violation of the \[Civil Aviation Law\] or these regulations or orders thereunder should report it to the Authority.

##### Each report made under this section together with any other information the Authority may have that is relevant to the matter reported will be reviewed by the Authority to determine the nature and type of any additional investigation or enforcement action the Authority will take.

14 CFR: 13.1

#### Investigations---General

##### Under the \[Civil Aviation Law\], the Director General of Civil Aviation may conduct investigations, hold hearings, issue subpoenas, require the production of relevant document, records, and property, and take evidence and depositions.

14 CFR: 13.3(a)

#### Formal Complaints

##### Complaints submitted to the Authority under section 1.3.1.1(a) shall be in a form and manner prescribed by the Authority.

14 CFR:13.5

### Administrative Action 

##### If it is determined that a violation or an alleged violation of the Civil Aviation Act, or an order or regulation issued under it, is appropriate for administrative action, the Authority may take administrative action by one of the following:

###### A "Warning Notice" that shall recite available facts and information about the incident or condition and indicate that it may have been a violation; or

###### A "Letter of Correction" which confirms the Authority's decision in the matter and states the necessary corrective action the alleged violator has taken or agreed to take. If the agreed corrective action is not fully completed, formal certificate action may be taken in accordance with 1.3.3.3. 

##### An administrative action under this section does not constitute a formal adjudication of the matter.

14 CFR: 13.11

### Legal Enforcement Actions

Note: [IS 1.3.3](#_IS_1.3.3__Legal_Enforcement_actions) contains a
sample of a sanction guidance table which can be modified to conform to
the penalty provisions in the Civil Aviation Act and to reflect the
Authority's enforcement policy.

#### Civil Penalties 

##### Any person, other than a person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations, or any order issued thereunder, is subject to a civil penalty imposed by the Authority in accordance with Section 701(a) of the Civil Aviation Act. 

##### Any person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations, or any order issued thereunder, is subject to a civil penalty imposed by the Authority in accordance with Section 701(b) of the Civil Aviation Act.

##### Civil penalties may be assessed instead of or in addition to any licence or certificate action described in 1.3.3.3 

##### Guidelines for civil penalties and certificate actions are listed in [IS 1.3.3](#_IS_1.3.3__Legal_Enforcement_actions).

14 CFR: 13.15; 13.16

#### Criminal Penalties 

##### Section 702 of the Civil Aviation Act establishes criminal penalties for any person who knowingly and willfully violates specified provisions of that Act, or any regulation or order issued thereunder. 

##### If the Authority becomes aware of a possible violation of any criminal provision of the \[Civil Aviation Act\] that is under the jurisdiction of another \[STATE\] government agency, the Authority shall immediately report it to the appropriate \[STATE\] government agency in a manner prescribed by both government agencies.

##### Guidelines for criminal penalties and certificate actions are listed in [IS 1.3.3](#_IS_1.3.3__Legal_Enforcement_actions).

14 CFR:13.23

#### Certificate Action

##### Suspension or revocation of a licence or certificate for violation of the regulations. 

###### The holder of any licence or certificate issued under these regulations who violates any provision of the Civil Aviation Act, as amended, or any regulation or order issued thereunder, is subject to suspension or revocation of the licence or certificate, in accordance with the provisions of Section 610 of the Civil Aviation Act.

###### Any licence or certificate issued under these regulations ceases to be effective, if it is surrendered, suspended, or revoked.

###### The holder of any licence or certificate issued under these regulations that has been suspended or revoked shall return that licence to the Authority when requested to do so by the Authority.

##### Re-examination or re-inspection of a certificate or licence for lack of qualification. 

###### Under Section 610 of the Civil Aviation Act, the Authority may re-inspect any civil aircraft, aircraft engine, propeller, appliance, air operator, school, or approved maintenance organization, or any civil airman holding a certificate or licence issued under Section 602 of the Act.

###### If, as a result of that re-inspection or re-examination, or any other investigation made by the Authority, the Authority determines that a lack of qualification exists, and that safety in air transport and the public interest requires it, the Authority may issue an order to amend, modify, suspend, or revoke the licence or certificate in whole or in part. 

###### Procedures for the re-examination of personnel licences, ratings, authorizations, or certificates are set forth in Part 2 of these Regulations.

##### Notice and opportunity to be heard. Unless safety in air transport requires immediate action, prior to a final determination under this section 1.3.3, the Authority shall provide the person with an opportunity to be heard as to why such certificate or licence should not be amended, modified, suspended, or revoked, in accordance with Part 610 of the Civil Aviation Act. 

##### Reapplication after revocation. Unless otherwise authorised by the Authority, a person whose licence, certificate, rating, or authorisation has been revoked may not apply for any licence, certificate, rating, or authorisation for 1 year after the date of revocation.

##### Reapplication after suspension. Unless otherwise authorised by the Authority, a person whose licence has been suspended may not apply for any licence, rating, or authorisation during the period of suspension.

14 CFR: 13.19

#### Seizure of Aircraft

##### As provided by the \[Civil Aviation Act\], an aircraft that is involved in a violation for which a civil penalty has been imposed or may be imposed on its owner or operator may be subject to seizure by the Authority in accordance with enforcement procedures set forth by the Authority. 

Note: The seizure of aircraft is typically done only in instances where
the violation is particularly egregious, e.g., use of the aircraft in a
continuing violation.

14 CFR: 13.17

FAA Order 2150.3A, Chapter 12, Paragraph 1208

## EXEMPTIONS 

### APPLICABILITY

##### This subpart prescribes procedures for the request, review, and denial or issuance of exemptions from the Regulations of these Parts, as provided by §405 or §611 of the Civil Aviation Safety Act.

### GENERAL

##### Any interested person may apply to the Authority for an exemption from these Regulations. 

##### Only the Authority may issue exemptions, and no person may take or cause to be taken any action not in compliance with these Regulations unless the Authority has issued an applicable exemption to the person.

##### Exemptions will only be granted in extraordinary circumstances.

### REQUIREMENTS FOR APPLICATION

#### General

##### Applications for an exemption should be submitted at least 60 days in advance of the proposed effective date, to obtain timely review.

##### The request must contain the applicant's: 

###### Name.

###### Street address and mailing address, if different.

###### Telephone number.

###### Fax number if available.

###### Email address if available. 

###### Agent for all purposes related to the application.

##### If the applicant is not a citizen or legal resident of \[STATE\], the application must specify a \[STATE\] agent for service.

#### Substance of the Request for Exemption

##### Applications must contain the following:

###### A citation of the specific requirement from which the applicant seeks relief;

###### Description of the type of operations to be conducted under the proposed exemption;

###### The proposed duration of the exemption;

###### An explanation of how the exemption would be in the public interest, that is, benefit the public as a whole.

###### A detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the Regulation in question.

###### A review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware.

###### If the applicant seeks to operate under the proposed exemption outside of \[STATE\] airspace, the application must also indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO). 

##### If the applicant seeks emergency processing, the application must contain supporting facts and reasons that the application was not timely filed, and the reasons it is an emergency. The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply in a timely fashion.

### REVIEW, PUBLICATION, AND ISSUE OR DENIAL OF THE EXEMPTION

#### Initial Review by the Authority

##### The Authority will review the application for accuracy and compliance with the requirements of 1.4.3. 

##### If the application appears on its face to satisfy the provisions of 1.4.3 and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application for comment and specify the date by which comments must be received by the Authority for consideration.

##### If the filing requirements of 1.4.3 have not been met, the Authority will notify the applicant and take no further action until the applicant complies with the requirements of 1.4.3. 

#### Evaluation of the Request

##### After initial review, if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to include:

###### A determination of whether an exemption would be in the public interest;

###### A determination, after a technical evaluation, of whether the applicant's proposal would provide a level of safety equivalent to that established by the Regulation;

####### If it appears to the Authority that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis. 

###### A determination, if the applicant seeks to operate under the exemption outside of \[STATE\] airspace, of whether a grant of the exemption would contravene the applicable ICAO Standards and Recommended Practices.

###### An evaluation of comments received from interested parties concerning the proposed exemption. 

###### A recommendation, based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

#### Notification of Determination

##### The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request. The summary shall specify the duration of the exemption and any conditions or limitations to the exemption. 

##### If the request is for emergency relief, the Authority will publish the application and/or the Authority's decision as soon as possible after processing the application.

##### If the exemption affects a significant population of the aviation community of \[STATE\] the Authority shall also publish the summary in its aeronautical information publications. 

#### Extension of the Exemption to other Interested Parties

##### If the Authority determines that an exemption should be granted, other persons or organizations may apply to the Authority to be included in the relief granted.

##### Such applications shall be in accordance with the requirements of 1.4.3. 

##### If the Authority determines that the request merits extension of the exemption to the applicant, it shall notify the applicant by letter, specifying the duration of the exemption, and listing any additional conditions that may pertain to the applicant that are not addressed in the underlying exemption. 

## Definitions 

Note: All definitions used in these regulations have been moved to this
subsection for ease of reference. Definitions that are predominately
used in specific Parts remain in those Parts for each of reference when
using a particular Part. In some instances, definitions in the Model
Civil Aviation Act may be different that the definition used in these
Parts. This is because the laws tend to be written more broadly and may
apply to different government agencies within \[STATE\]. The different
government agencies within \[STATE\] will need to make definitions
according to their specific need. Definitions in this Part use the ICAO
definition, where available. Where ICAO uses a same term but with
different definitions among the Annexes, all ICAO definitions are noted.

##### For the purpose of these regulations, the following definitions shall apply:

###### **Acceptable.** A rule of construction in Part 1.1.1.1.(a)(7) that means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation.

###### **Acceptance checklist.** A document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met.

###### **Accountable Manager.** The person acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority, and any additional requirements defined by the operator.

###### **Accredited representative.** As relating to an aircraft accident, a person designated by a State, on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by another party. (ICAO Annex 13)

###### **Acrobatic flight.** Manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed.

###### **ADS agreement.** An ADS reporting plan that establishes the conditions of ADS data reporting (i.e. data required by the air traffic services or control unit and frequency of ADS reports that have to be agreed to prior to the provision of the ADS services).

###### **ADS contract.** A means by which the terms of an ADS agreement will be exchanged between the ground system and the aircraft, specifying under what conditions ADS reports would be initiated, and what data would be contained in the reports. 

Note: The term "ADS contract" is a generic term meaning variously, ADS
event contract, ADS demand contract, ADS periodic contract or an
emergency mode. Ground forwarding of ADS reports may be implemented
between ground systems.

###### **Advisor.** As relating to an aircraft accident, a person appointed by a State on the basis of his or her qualifications, for the purpose of assisting its accredited representative in an investigation. (ICAO Annex 13)

###### **Advisory airspace.** An airspace of defined dimensions, or designated route, within which air traffic advisory service is available.

###### **Advisory route.** A designated route along which air traffic advisory service is available.

###### **Aerial Work.** An aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc. 

###### **Aerodrome.** A defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. 

###### **Aerodrome control service.** Air traffic control service for aerodrome traffic.

###### **Aerodrome control tower.** A unit established to provide air traffic control service to aerodrome traffic.

###### **Aerodrome operating minima.** The limits of usability of an aerodrome for:

####### Takeoff, expressed in terms of runway visual range and/or visibility and, if necessary, cloud conditions;

####### Landing in precision approach and landing operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the category of the operation;

####### Landing in approach and landing operations with vertical guidance, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H); and

####### Landing in non-precision approach and landing operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions.

###### **Aerodrome traffic zone.** An airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic.

###### **Aeronautical experience.** Pilot time obtained in an aircraft, approved flight simulation training device for meeting the training and flight time requirements of these regulations.

###### **Aeronautical product.** Any aircraft, aircraft engine, propeller, or subassembly, appliance, material, part, or component to be installed thereon.

###### **Aeroplane.** A power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

###### **Aeroplane flight manual**. A manual, associated with the certificate of airworthiness, containing limitations within which the aeropolane is to be considered airworthy, and instructions and information necessary to the flight crew members of the safe operation of the aeroplane. 

###### **Agricultural aircraft operation.** The operation of an aircraft for the purpose of--- 

####### Dispensing any economic poison; 

####### Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control; or 

####### Engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects.

###### **Air navigation facility.** Any facility used in, available for use in, or designed for use in aid of air navigation, including aerodromes, landing areas, lights, any apparatus or equipment for disseminating weather information, for signalling, for radio directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft.

###### **Aircraft.** Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface. 

###### **Aircraft avionics.** A term designating any electronic device -- including its electrical part -- for use in an aircraft, including radio, automatic flight control and instrument systems.

###### **Aircraft category.** Classification of aircraft according to specified basic characteristics, e.g. aeroplane, helicopter, glider, free balloon, airship, powered-lift.

###### **Aircraft certificated for single-pilot operation.** A type of aircraft which the State of Registry has determined, during the certification process, can be operated safely with a minimum crew of one pilot.

###### **Aircraft certificated for multi-pilot operation**. A type of aircraft which the State of Registry has determined, during the certification process, can be operated safely with a minimum crew of two pilots.

###### **Aircraft engine.** Any engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. (Law)

###### **Aircraft operating manual.** A manual, acceptable to the State of the Operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems, and other material relevant to the operation of the aircraft.

###### **Aircraft required to be operated with a co-pilot**. A type of aircraft that is required to be operated with a co-pilot as specified in the flight manual or by the air operator certificate.

###### **Aircraft piracy.** Any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of \[STATE\]. (Law)

###### **Aircraft Technical Log.** Documentation for an aircraft that includes the maintenance record for the aircraft and a record for each flight made by the aircraft. The aircraft technical log is comprised of a journey records section and a maintenance section. 

###### **Airman.** This term refers to**---**

####### Any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, or who navigates an aircraft while the aircraft is underway;

####### Any individual in charge of the inspection, maintenance, overhauling, or repair of aircraft, and any individual in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; or

####### Any individual who serves in the capacity of flight operations officer. (Law)

###### **Airmanship**. The consistent use of good judgement and well-developed knowledge, skills and attitudes to accomplish flight objectives.

###### **Air navigation facility.** Any facility used in, available for use in, or designed for use in aid of air navigation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signalling, for radio directional finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft. 

###### **Air Operator.** Any organisation which undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement. (Law)

###### **Air operator certificate (AOC).** A certificate authorising an operator to carry out specified commercial air transport operations. (Law)

###### **Airship**. A power-driven lighter than air aircraft.

###### **Air traffic.** All aircraft in flight or operating on the manoeuvring area of an aerodrome.

###### **Air traffic control clearance.** Authorisation for an aircraft to proceed under conditions specified by an air traffic control unit.

Note: For convenience, the term "air traffic control clearance" is
frequently abbreviated to "clearance" when used in appropriate context.
The abbreviated term "clearance" may be prefixed by the words: taxi,
takeoff, departure, en route, approach or landing, to indicate the
particular portion of flight to which the air traffic control clearance
relates.

###### **Air Traffic Control (ATC) facility.** A building holding the persons and equipment responsible for providing ATC services (e.g., airport tower, approach control, centre). May also be called air traffic control unit.

###### **Air traffic control service.** A service provided within advisory airspace that promotes the safe, orderly, and expeditious flow and separation of air traffic at aerodromes and during the approach, departure, and en route environments including aircraft that are operating on IFR flight plans. Also can be called air traffic advisory service or air traffic service.

###### **Air traffic services airspaces.** Airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified.

Note: ATS airspaces are classified as Class A to G.

###### **Air traffic services reporting office.** A unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure.

Note: An air traffic services reporting office may be established as a
separate unit or combined with an existing unit, such as another air
traffic services unit, or a unit of the aeronautical information
service.

###### **Aircraft accident**. An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

####### A person is fatally or seriously injured as a result of---

######## Being in the aircraft;

######## Direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or

######## Direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew.

####### The aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes, fairings, small dents or puncture holes in the aircraft skin; or the aircraft is missing or is completely inaccessible.

Note 1 -- For statistical uniformity only, an injury resulting in death
within thirty days of the date of the date of the accident is classified
as a fatal injury by ICAO.

Note 2 -- An aircraft is considered to be missing when the official
search has been terminated and the wreckage has not been located.

###### **Aircraft category.** Classification of aircraft according to specified basic characteristics (e.g., aeroplane, helicopter, glider, free balloon, airship and powered-lift). 

###### **Aircraft component.** Any component part of an aircraft up to and including a complete powerplant and/or any operational/emergency equipment. 

###### **Aircraft type.** All aircraft of the same basic design. (Part 1)

###### **Airframe.** The fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a powerplant), and landing gear of an aircraft and their accessories and controls. (Part 1)

###### **Airship.** A power-driven lighter-than-air aircraft.

###### **Airway.** A control area or portion thereof established in the form of a corridor.

###### **Airworthiness approval tag** (CAA form). A tag (Model CAA Form AAT) that may be attached to a part. The tag must include the part number, serial number, and current life status of the part. Each time the part is removed from a type certificated product, a new tag must be created or the existing tag must be updated with the current life status. The Model CAA Form AAT has two distinct purposes -- (1) as a certification of release to service of a part, component or assembly after maintenance, preventive maintenance, overhaul or rebuilding, and (2) for shipping of a newly manufactured part. 

###### **Airworthiness data.** Any information necessary to ensure that an aircraft or aircraft component can be maintained in a condition such that airworthiness of the aircraft, or serviceability of operational and emergency equipment, as appropriate, is assured. 

###### **Airworthiness directive**. Continuing airworthiness information that applies to the following products: aircraft, aircraft engines, propellers, and appliances. An airworthiness directive is mandatory if issued by the State of Design. 

###### **Airworthiness release**. The air operator\'s aircraft are released for service following maintenance by a person specifically authorised by the air operator rather than by an individual or maintenance organisation on their own behalf. 

###### **Alteration**. The alteration of an aircraft/aeronautical product in conformity with an approved standard.

###### **Alerting service.** A service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.

###### **Alternate aerodrome.** An aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or land at the aerodrome of intended landing. Alternate aerodromes include the following:

####### *Takeoff alternate.* An alternate aerodrome at which an aircraft can land should this become necessary shortly after takeoff and it is not possible to use the aerodrome of departure.

####### *En-route alternate.* An aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition en route.

####### *ETOPS en-route alternate*. A suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shut-down or other abnormal or emergency condition while en route in an ETOPS operation.

####### *Destination alternate*. An alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing.

Note: The aerodrome from which a flight departs may also be an en-route
or a destination alternate aerodrome for that flight.

###### **Altitude.** The vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL).

###### **Annexes to the Chicago Convention.** The documents issued by the International Civil Aviation Organisation (ICAO) containing the Standards and Recommended Practices applicable to civil aviation. (Law)

###### **Appliances.** Instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not part or parts of aircraft, aircraft engines, or propellers. 

###### **Approach and landing operations using instrument approach procedures.** Instrument approach and landing operations are classified as follows:

####### *Non-precision approach and landing operations. An instrument approach and landing which utilized lateral guidance but does not utilize vertical guidance.*

####### *Approach and landing operations with vertical guidance*. An instrument approach and landing which uses lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations.

####### *Precision approach and landing operations*. An instrument approach and landing using precision lateral and vertical guidance with minima as determined by the category of operation.

####### *Category I (CAT I) operation*. A precision instrument approach and landing with a decision height not lower than 60 m (200 feet), and with either a visibility not less than 800 m or a runway visual range not less than 550 m.

####### *Category II (CAT II) operation*. A precision instrument approach and landing with a decision height lower than 60 m (200 feet) but not lower than 300 m (100 feet) and a runway visual range not less than 350 m.

####### *Category IIIA (CAT IIIA) operation*. A precision instrument approach and landing with:

######## A decision height lower than 30 m (100 feet) or no decision height; and

######## A runway visual range not less than 200 m.

####### *Category IIIB (CAT IIIB) operation*. A precision instrument approach and landing with:

######## A decision height lower than 15 m (50 feet) or no decision height; and

######## A runway visual range less than 200 m but not less than 50 m.

####### *Category IIIC (CAT IIIC) operation*. A precision instrument approach and landing with no decision height and no runway visual range limitations.

###### **Approach control service.** Air traffic control service for arriving or departing controlled flights.

###### **Approach control unit.** A unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes.

###### **Appropriate ATS or ATC authority.** The relevant authority designated by \[STATE\] responsible for providing air traffic services in the airspace concerned.

###### **Appropriate airworthiness requirements.** The comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft, engine or propeller under consideration.

###### **Appropriate authority.**

####### *Regarding flight over the high seas*: The relevant authority of the State of Registry.

####### *Regarding flight other than over the high seas*: The relevant authority of the State having sovereignty over the territory being overflown.

###### **Approval for return to service.** See maintenance release.

###### **Approved.** A rule of construction in Part 1.1.1.1.(a)(6) that means the Authority has reviewed the method, procedure, or policy in question and issued a formal written approval.

###### **Approved by the Authority.** Approved by the Authority directly or in accordance with a procedure approved by the Authority.

###### **Approved continuous maintenance program.** A maintenance program approved by the State of Registry. 

###### **Approved data.** Technical information approved by the Authority.

###### **Approved Maintenance Organisation (AMO).** An organisation approved by the Authority, in accordance with MCAR Part 6, to perform specific aircraft maintenance activities by the Authority. These activities may include the inspection, overhaul, maintenance, repair and/or modification and release to service of aircraft or aeronautical products.

###### **Approved Training Organisation (ATO**). An organiaation approved by the Authority, in accordance with MCAR Part 3, to perform to perform flight crew training and other training approved by the Authority.

###### **Approved standard.** A manufacturing, design, maintenance, or quality standard approved by the Authority.

###### **Approved training.** Training carried out under special curricula and supervision approved by the Authority.

###### **Apron.** A defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance.

###### **Area control centre.** A unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction.

###### **Aera control service.** Air traffic control service for controlled flights in control areas.

###### **Area Navigation (RNAV).** A method of navigation that permits aircraft operations on any desired flight path within the coverage of station-referenced navigation aids or within the limits of the capability of self-contained aids, or a combination of these. 

###### **Article.** Any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part.

###### **ATS or ATC route.** A specified route designed for channelling the flow of air traffic as necessary for the provision of air traffic services, defined by route specifications that include an ATS or ATC route designator, the track to or from significant points (way points), distance between significant points, reporting requirements, and as determined by the appropriate ATS or ATC authority, the lowest safe altitude. 

Note: The term "ATS" or "ATC" route is used to mean variously, airway,
advisory route, controlled or uncontrolled route, arrival or departure
route.

###### **Authorised instructor.** A person who---

####### Holds a valid ground instructor certificate issued under Part 2 when conducting ground training; 

####### Holds a current flight instructor certificate issued under Part 2 when conducting ground training or flight training; or 

####### Is authorised by the Authority to provide ground training or flight training under Part 2 and Part 3.

###### **Authority.** The civil aviation authority responsible for the oversight of civil aviation in \[STATE\].

###### **Automatic dependent surveillance (ADS).** A surveillance technique in which aircraft automatically provide, via a data link, data derived from on-board navigation and position-fixing systems, including aircraft identification, four-dimensional position and additional data as appropriate.

###### **Balloon.** A non-power-driven lighter-than-air aircraft.

###### **Banner.** An advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft.

###### **Cabin crew member**. A crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member. 

###### **Calendar day.** The period of elapsed time, using Co-ordinated Universal Time or local time, that begins at midnight and ends 24 hours later in the next midnight.

###### **Calendar month.** A period of a month beginning and ending with the dates that are conventionally accepted as marking the beginning and end of a numbered month (as January 1 through January 31 in the Gregorian calendar).

###### **Calendar year.** A period of a year beginning and ending with the dates that are conventionally accepted as marking the beginning and end of a numbered year (as January 1 through December 31 in the Gregorian calendar).

###### **Calibration**. A set of operations, performed in accordance with a definite documented procedure that compares the measurement performed by a measurement device or working standard with a recognised bureau of standards for the purpose of detecting and reporting or eliminating adjustment errors in the measurement device, working standard, or aeronautical product tested. 

###### **Cargo aircraft.** Any aircraft carrying goods or property but not passengers. In this context the following are not considered to be passengers:

####### A crewmember.

####### An operator\'s employee permitted by, and carried in accordance with, the instructions contained in the Operations Manual.

####### An authorised representative of an Authority.

####### A person with duties in respect of a particular shipment on board.

###### **Category One Operation (CAT I**). A precision instrument approach and landing with a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m.

###### **Category Two Operation (CAT II).** A precision instrument approach and landing with a decision height lower than 60 m (200ft) but no lower than 30 m (100 ft) and a visual range not less 350 m.

###### **Category Three A (CAT IIIA) Operation.** A precision approach and landing with:

####### A decision height lower than 30 m (100ft) or no decision height; and

####### A runway visual range not less than 200 m.

###### **Category Three B (CAT IIIB) Operation.** A precision approach and landing with:

####### A decision height lower than 15 m (50 ft) or no decision height; and

####### A runway visual range less than 200 m but not less than 50 m.

###### **Category Three C (CAT IIIC) Operation.** A precision instrument approach and landing with no decision height and no runway visual range limitations.

###### **Causes.** As relating to an aircraft accident or incident, actions, omissions, events, conditions, or a combination thereof which led to the accident or incident. (ICAO Annex 13)

###### **Ceiling.** The height above the ground or water of the base of the lowest layer of cloud below 6,000 metres (20,000 feet) covering more than half the sky.

###### **Certify as airworthy.** The act of completing a maintenance release by a properly authorized person after the modification, overhaul, repair or inspection of an aircraft or aeronautical product by which the aircraft or aeronautical part is cleared for use in flight as meeting the requirements of the airworthiness certificate of \[STATE\]. 

###### **Certifying staff.** Those personnel who are authorised by the Approved Maintenance Organisation in accordance with a procedure acceptable to the Authority to certify aircraft or aircraft components for release to service.

###### **Change-over- point.** The point at which an aircraft navigating on an ATC route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational references from the facility behind the aircraft to the next facility ahead of the aircraft.

Note: Change-over-points are established to provide the optimum balance
in respect of signal strength and quality between facilities at all
levels to be used and to ensure a common source of azimuth guidance for
all aircraft operating along the same portion of a route segment.

###### **Check airman (aeroplane).** A person who is qualified, and permitted, to conduct an evaluation in an aeroplane, in a flight simulation training device for a particular type aeroplane, for a particular AOC holder.

###### **Check airman (simulator).** A person who is qualified to conduct an evaluation, but only in a flight simulation training device for a particular type aircraft, for a particular AOC holder.

###### **Chicago Convention.** ("Convention") The Convention on International Civil Aviation concluded in Chicago, U.S.A. in 1944, in effect, 1947. The Articles of the Chicago Convention govern the actions of the contracting States in matters of international civil aviation safety directly and through the Annexes to the Convention, which set forth ICAO Standards and Recommended Practices. (Law)

###### **Citizen of \[STATE\].** This term refers to one of the following**:**

####### An individual who is a citizen of \[STATE\];

####### A partnership of which each member is a citizen of \[STATE\]; or

####### A corporation or association created or organised and authorised under the laws of \[STATE\]. (Law)

###### **Civil aircraft.** Any aircraft other than a state or public aircraft. 

###### **Civil aviation.** The operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations. (Law)

###### **Clearance limit.** The point to which an aircraft is granted an air traffic control clearance.

###### **Commercial air transport operation.** An aircraft operation involving the public transport of passengers, cargo or mail for remuneration or hire. (Law)

###### **Commercial air transport.** An aircraft operation involving the public transport of passengers, cargo, or mail for remuneration or hire. (Part 1)

###### **Common mark.** A mark assigned by the International Civil Aviation Organisation to the common mark registering authority registering aircraft of an international operating agency on other than a national basis.

######  **Common mark registering authority.** The authority maintaining the non-national register or, where appropriate, the part thereof, in which aircraft of an international operating agency are registered.

###### **Competency.** A combination of skills, knowledge and attitudes required to perform a task to the prescribed standard.

###### **Competency element**. An action that constitutes a task that has a triggering event and a terminating event that clearly defines its limits, and an observable outcome.

###### **Competency unit**. A discrete function consisting of a number of competency elements.

###### **Complex aeroplane**. An aeroplane that has retractable landing gear, flaps, and a controllable pitch propeller; or in the case of a seaplane, flaps and a controllable pitch propeller.

###### **Composite.** Structural materials made of substances, including, but not limited to, wood, metal, ceramic, plastic, fiber-reinforced materials, graphite, boron, or epoxy, with built-in strengthening agents that may be in the form of filaments, foils, powders, or flakes, of a different material

###### **Computer system.** Any electronic or automated system capable of receiving, storing, and processing external data, and transmitting and presenting such data in a usable form for the accomplishment of a specific function.

###### **Configuration deviation list (CDL).** A list established by the organisation responsible for the type design with the approval of the State of Design which identifies any external parts of an aircraft type which may be missing at the commencement of a flight, and which contains, where necessary, any information on associated operating limitations and performance correction.

###### **Congested area**. A city town or settlement, or open air assembly of people.

###### **Consignment.** One or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.

###### **Contracting States.** All States that are signatories to the Convention on International Civil Aviation (Chicago Convention). (Part 1)

###### **Control area.** A controlled airspace extending upwards from a specified limit above the earth.

###### **Controlled aerodrome.** An aerodrome at which air traffic control service is provided to aerodrome traffic.

###### **Controlled airspace.** An airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification.

Note: Controlled airspace is a generic term that covers ATC or ATS
airspace Classes A, B, C, D, and E as described in ICAO Annex 11: 2.6.

###### **Controlled flight.** Any flight which is subject to an air traffic control clearance.

###### **Controlled flight into terrain**. Occurs when an airworthy aircraft is flown, under the control of a qualified pilot, into terrain (water or obstacles) with inadequate awareness on the part of the pilot of the impending collision.

###### **Controller-pilot data link communications (CPDLC).** A means of communication between controller and pilot, using data link for ATC communications.

###### **Control zone.** A controlled airspace extending upwards from the surface of the earth to a specified upper limit.

###### **Conversion.** Conversion is the action taken by \[STATE\] in issuing its own licence on the basis of a licence issued by another Contracting State for use on aircraft registered in \[STATE\].

###### **Co-pilot.** A licenced pilot serving in any piloting capacity other than as pilot-in-command but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction.

Note: Co-pilot as here defined is synonymous with the term
\"second-in-command\" or \"SIC\".

###### **Course.** A program of instruction to obtain an airman licence, rating, qualification, authorisation, or currency. 

###### **Courseware.** Instructional material developed for each course or curriculum, including lesson plans, flight event descriptions, computer software programs, audio-visual programs, workbooks, and handouts. 

###### **Credit**. Recognition of alternative means or prior qualifications.

###### **Crew Member.** A person assigned by an operator to duty on an aircraft during a flight duty period. 

###### **Crew Resource Management.** A program designed to improve the safety of flight operations by optimising the safe, efficient, and effective use of human resources, hardware, and information through improved crew communication and co-ordination.

###### **Critical engine.** The engine whose failure would most adversely affect the performance or handling qualities of an aircraft.

###### **Critical phases of flight.** Those portions of operations involving taxiing, takeoff and landing, and all flight operations below 10,000 feet, except cruise flight.

###### **Cross country.** A flight between a point of departure and a point of arrival following a pre-planned route using standard navigation procedures.

###### **Cross-country time.** That time a pilot spends in flight in an aircraft which includes a landing at a point other than the point of departure and, for the purpose of meeting the cross-country time requirements for a private pilot licence (except with a rotorcraft rating), commercial pilot licence, or an instrument rating, includes a landing at an aerodrome which must be a straight-line distance of more than 50 nautical miles from the original point of departure.

###### **Cruise climb.** An aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases.

###### **Cruise relief pilot**. A flight crew member who is assigned to perform pilot tasks during cruise flight to allow the PIC or co-pilot to obtain planned rest.

###### **Cruising level.** A level maintained during a significant portion of a flight.

###### **Current flight plan.** The flight plan, including changes, if any, brought about by subsequent clearances.

###### **Danger area.** An airspace of defined dimensions within which activities dangerous to the flight of the aircraft may exist at specified times.

###### **Dangerous goods.** Articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the ICAO Technical Instructions (see definition below) or which are classified according to those Instructions.

###### **Dangerous goods accident.** An occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage.

###### **Dangerous goods incident.** An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises an aircraft or its occupants is deemed to constitute a dangerous goods incident.

###### **Dangerous goods transport document.** A document specified by the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air. It is completed by the person who offers dangerous goods for air transport and contains information about those dangerous goods. The document bears a signed declaration indicating that the dangerous goods are fully and accurately described by their proper shipping names and UN numbers (if assigned) and that they are correctly classified, packed, marked, labelled and in a proper condition for transport.

Note: See definition below for Technical Instructions.

###### **Data link communications.** A form of communication intended for the exchange of messages via a data link.

###### **Deadhead Transportation.** Time spent in transportation on aircraft (at the insistence of the AOC holder) to or from a crew member's home station.

###### **Defined point after takeoff.** The point, within the takeoff and initial climb phase, before which the Class 2 helicopter\'s ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required.

###### **Defined point before landing.** The point, within the approach and landing phase, after which the Class 2 helicopter\'s ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required.

###### **Directly in Charge.** As applied to an Approved Maintenance Organisation in Part 6 - Means an appropriately licensed person having the responsibility for the work of an approved maintenance organisation that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness. A person directly in charge does not need to physically observe and direct each worker constantly but must be available for consultation on matters requiring instruction or decision from higher authority.

###### **Director.** The Director of Civil Aviation appointed under this Act. (Law)

###### **Dry lease.** The lease of an aircraft without the crew. (ICAO D268)

###### **Dual instruction time.** Flight time during which a person is receiving flight instruction from a properly authorised pilot on board the aircraft. 

###### **Duty period.** As related to an air operator, a period which starts when flight or cabin crew personnel are required by an operator to report for or to commence a duty and ends when that person is free from all duties.

###### **Duty time.** The total time from the moment a person identified in these regulations begins, immediately after a rest period, any work on behalf of the certificate holder until that person is free from all restraint associated with that work.

###### **Economic poison.** Any substance or mixture of substances intended for---

####### Preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living human beings or other animals, which the \[STATE\] may declare to be a pest, and 

####### Use as a plant regulator, defoliant or desiccant.

###### **Effective length of the runway.** The distance for landing from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centreline of the runway to the far end.

###### **Emergency Locator Transmitter (ELT**). A generic term describing equipment which broadcast distinctive signals on designated frequencies and, depending on application, may be automatically activated by impact or be manually activated. An ELT may be any of the following:

####### **Automatic fixed ELT**. An automatically activated ELT which is permanently attached to an aircraft.

####### **Automatic portable ELT.** An automatically activated ELT which is rigidly attached to an aircraft but readily removable from the aircraft.

####### **Automatically deployable ELT.** An ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and in some cases, also be hydrostatic sensors. Manual deployment is also provided.

####### **Survival ELT**. An ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors.

#######  **ELT battery useful life**. The length of time after its date of manufacture or recharge that the battery or battery pack may be stored under normal environmental conditions without losing its ability to allow the ELT to meet the applicable performance standards. 

####### **ELT battery expiration date**. The date of battery manufacture or recharge plus one half of its useful life. 

###### **Enhanced Ground Proximity Warning (EGPWS**). A forward looking warning system that uses the terrain data base for terrain avoidance.

###### **Equivalent system of maintenance.** An AOC holder may conduct maintenance activities through an arrangement with an AMO or may conduct its own maintenance, preventive maintenance, or alterations, so long as the AOC holder\'s maintenance system is approved by the Authority and is equivalent to that of an AMO, except that the approval for return to service of an aircraft/aeronautical product shall be made by an appropriately licenced aviation maintenance technician or aviation repair specialists in accordance with Part 2, as appropriate.

###### **Error**. As relates to the flight crew, an action or inaction by the flightcrew that leads to deviations from organisational or flight crew intentions or expectations. (ICAO Annex 1)

###### **Error management**. The process of detecting and responding to errors with countermeasures that reduce or eliminate the consequences of errors, and mitigate the probability of errors or undesired aircraft state.

###### **Estimated off-block time.** The estimated time at which the aircraft will commence movement associated with departure.

###### **Estimated time of arrival.** For IFR flights, the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that approach procedure will be commenced, or if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome. 

###### **Evaluator.** A person employed by a certified Approved Training Organisation who performs tests for licensing, added ratings, authorisations, and proficiency checks that are authorised by the certificate holder\'s training specification, and who is authorised by the Authority to administer such checks and tests. (Part 1)

###### **Examiner.** Any person authorised by the Authority to conduct a pilot proficiency test, a practical test for an airman licence or rating, or a knowledge test under these regulations. (Part 1)

###### **Exception**. As it related to dangerous goods in Part 9 - A provision in ICAO Annex 18 which excludes a specific item of dangerous goods from the requirements normally applicable to that item.

###### **Expected approach time.** The time at which ATC expects that an arriving aircraft, following a delay, will leave the holding point to complete its approach for a landing.

Note: The actual time of leaving the holding point will depend upon the
approach clearance.

###### **Extended overwater operation.** With respect to aircraft other than helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline; and to helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline and more than 50 nm from an offshore heliport structure.

###### **Facility.** As used in Part 6, Approved Maintenance Organisations - A physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance, preventive maintenance, or modifications of any article.

###### **Fatal injury**. As relates to an aircraft accident, any injury which results in death within 30 days of the accident. (ICAO Annex 13)

###### **Flight plan.** Specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft.

###### **Filed flight plan.** The flight plan as filed with an air traffic service unit by the pilot or a designated representative, without any subsequent changes.

###### **Fireproof material.** A material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose.

###### **Flight(s).** The period from takeoff to landing.

###### **Flight crew member.** A licenced crew member charged with duties essential to the operation of an aircraft during flight time. 

###### **Flight duty period**. The total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or a series of flights, to the moment the flight crew member is relieved of all duties having completed such flight or series of flights. 

###### **Flight information centre.** A unit established to provide flight information service and alerting service.

###### **Flight information region.** An airspace of defined dimensions within which flight information service and alerting service are provided.

###### **Flight information service.** A service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights.

###### **Flight level.** A surface of constant atmospheric pressure which is related to a specific pressure datum, 1,013.2 hectopascals (hPa), and is separated from other surfaces by specific pressure intervals.

###### **Flight plan.** Specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft. The term \"flight plan" is used to mean variously, full information on all items comprised in the flight plan description, covering the whole route of a flight, or limited information required when the purpose is to obtain a clearance for a minor portion of a flight such as to cross an airway, to take off from, or to land at a controlled aerodrome.

###### **Flight Recorder.** Any type of recorder installed in the aircraft for the purpose of complementing accident/incident investigation. Note: This could include the cockpit voice recorder (CVR) or flight data recorder (FDR).

###### **Flight safety document system**. A set of inter-related documentation established by the operator, compiling and organising information necessary for flight and ground operations, and comprising, as a minimum, the operations manual and the operator's maintenance control manual.

###### **Flight simulation training device.** Any one of the following three types of apparatus in which flight conditions are simulated on the ground: 

####### *A flight simulator*, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated

####### *A flight procedures trainer,* which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical ,electronic, etc. aircraft systems, and the performance and flight characteristics of aircraft of a particular class.

####### *A basic instrument flight trainer*, which is equipped with appropriate instruments and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions.

###### **Flight status.** An indication of whether a given aircraft requires special handling by air traffic services units or not.

###### **Flight time.** The period of time that the aircraft moves under its own power for the purpose of flight and ends when the aircraft comes to rest after it is parked, with engine(s) shut down if applicable.

Note: Flight time as here defined is synonymous with the term
\"block-to-block\" time or \"chock-to-chock\" time in general usage,
which is measured from the time an aircraft moves from the loading point
until it stops at the unloading point .

###### **Flight time--- aeroplane.** The total time from the moment an aeroplane first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight.

###### **Flight time---helicopter.** The total time from the moment a helicopter's rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped.

###### **Flight time---glider.** The total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the moment it comes to rest at the end of the flight.

###### **Flight training.** Training, other than ground training, received from an authorised instructor in flight in an aircraft. 

###### **Flight visibility.** The visibility forward from the cockpit of an aircraft in flight.

###### **Foreign air operator.** Any operator, not being a \[STATE\] air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within borders or airspace of \[STATE\], whether on a scheduled or charter basis; (Law)

###### **Foreign Authority.** The civil aviation authority that issues and oversees the Air Operator Certificate of the foreign operator.

###### **Freight container**. See unit load device.

###### **Freight container in the case of radioactive material transport**. An article of transport equipment designed to facilitate the transport of packaged goods, by one or more modes of transport without intermediate reloading. It must be of a permanent enclosed character, rigid and strong enough for repeated use, and must be fitted with devices facilitating its handling, particularly in transfer between aircraft and from one mode of transport to another. A small freight container is that which has either an overall outer dimension less than 1.5 m, or an internal volume of not more than 3m³. Any other freight container is considered to be a large freight container.

###### **General aviation operation.** An aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation. (Law)

###### **Glider.** A non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain, fixed under given conditions of flight. (Part 1)

###### **Ground Proximity Warning System (GPWS).** A warning system that uses radar altimeters to alert the pilots of hazardous flight conditions.

###### **Ground visibility.** The visibility at an aerodrome, as reported by an accredited observer.

###### **Gyroplane.** A heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axes.

###### **Handling agent.** An agency which performs on behalf of the operator some or all of the latter\'s functions including receiving, loading, unloading, transferring or other processing of passengers or cargo.

###### **Heading.** The direction in which the longitudinal axis of an aircraft is pointed, usually expressed in  degrees from North (true, magnetic, compass or grid).

###### **Heavier-than-air aircraft.** Any aircraft deriving its lift in flight chiefly from aerodynamic forces.

###### **Height.** The vertical distance of a level, a point or an object considered a point, measured from a specified datum.

###### **Helicopter.** A heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis. (Part 1)

####### *Class 1 helicopter.* A helicopter with performance such that, in case of critical engine failure, it is able to land on the rejected takeoff area or safely continue the flight to an appropriate landing area, depending on when the failure occurs.

####### *Class 2 helicopter.* A helicopter with performance such that, in case of critical engine failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after takeoff or after a defined point before landing, in which case a forced landing may be required.

####### *Class 3 helicopter.* A helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing must be performed.

###### **Helideck.** A heliport located on a floating or fixed offshore structure.

###### **Heliport.** An aerodrome or defined area on a structure intended to be used wholly or in part for the arrival, departure, and surface movement of helicopters.

###### **High Speed Aural Warning.** A speed warning that is required for turbine-engined airplanes and airplanes with a V~mo~/M~mo~ greater than 0.80 V~df~/M~df~ or V~d~/M~d~.

###### **Holdover time.** The estimated time de-icing/anti-icing fluid will prevent the formation of frost or ice and the accumulation of snow on the protected surfaces of an aircraft. Holdover time begins when the final application of de-icing or anti-icing fluid commences and expires when the de-icing or anti-icing fluid applied to the aircraft loses its effectiveness.

###### **Housing.** As it related to Approved Maintenance Organisations in Part 6 - Buildings, hangers, and other structures to accommodate the necessary equipment and materials of a maintenance organisation that---

####### Provide working space for the performance of maintenance, preventive maintenance, or modifications for which the maintenance organisation is approved and rated; and 

####### Provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts, and subassemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly, and testing; and

####### Provide for the proper storage, segregation, and protection of materials, parts, and supplies.

###### **Human factors principles**. Principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance.

###### **Human performance.** Human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations

###### **ICAO.** Where used in this Act, this is an abbreviation for the International Civil Aviation Organisation. (Law)

###### **IFR.** The symbol used to designate the instrument flight rules.

###### **IFR flight.** A flight conducted in accordance with the instrument flight rules.

###### **IMC.** The symbol used to designated instrument meteorological conditions.

###### **Incident**. An occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations. (ICAO Annex 13)

###### **Includes.** A rule of construction in Part 1.1.1.1(a)(5) that means "includes but is not limited to."

###### **Incompatible**. Describing dangerous goods, which if mixed, would be liable to cause a dangerous evolution of heat or gas or produce a corrosive substance.

###### **Inspection.** The examination of an aircraft or aeronautical product to establish conformity with a standard approved by the Authority. (Part 1)

###### **Instrument approach procedure.** A series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.

###### **Instrument flight time.** Time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points.

###### **Instrument ground time.** Time during which a pilot is practising, on the ground, simulated instrument flight in a flight simulation training device approved by the Licensing \[AUTHORITY\].

###### **Instrument meteorological conditions.** Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions.

###### **Instrument time.** Time in which cockpit instruments are used as the sole means for navigation and control, which may be instrument flight time or instrument ground time.

###### **Instrument training.** Training which is received from an authorised instructor under actual or simulated instrument meteorological conditions.

###### **Interchange agreement.** A leasing agreement which permits an air carrier to dry lease and take or relinquish operational control of an aircraft at an airport.

###### **International commercial air transport.** The carriage by aircraft of persons or property for remuneration or hire or the carriage of mail between any two or more countries. 

###### **International operating agency.** An agency of the kind contemplated in Article 77 of the Convention on International Civil Aviation.

###### **Investigation.** As relates to an aircraft accident or incident, a process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations. (ICAO Annex 13)

###### **Investigator-in-charge.** As relates to an aircraft accident or indent, a person charged, on the basis of his or her qualifications, with the responsibility for the organisation, conduct and control of an investigation. (ICAO Annex 13)

###### **Journey log.** A form signed by the PIC of each flight that records the aeroplane\'s registration, crew member names and duty assignments, the type of flight, and the date, place, and time of arrival and departure.

###### **Knowledge test.** A test on the aeronautical knowledge areas required for an airman licence or rating that can be administered in written form or by a computer.

###### **Landing area.** That part of a movement area intended for the landing or takeoff of an aircraft.

###### **Landing decision point.** The point used in determining landing performance from which, an engine failure occurring at this point, the landing may be safely continued or a balked landing initiated.

###### **Large aeroplane.** An aeroplane having a maximum certified takeoff mass of 5,700 kg. (12,500 lbs.), or more.

###### **Level.** A generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level.

###### **Licensing \[AUTHORITY\].** The \[AUTHORITY\] designated by the Contracting State as responsible for the licensing of personnel.

###### **Life-limited part.** Any part for which a mandatory replacement limit is specified in the type design, the Instructions for Continued Airworthiness, or the maintenance manual.

###### **Lighter-than-air aircraft.** Any aircraft supported chiefly by its buoyancy in the air.

###### **Line maintenance**. Any unscheduled maintenance resulting from unforeseen events, or scheduled checks that contain servicing and/or inspections that do not require specialised training, equipment or facilities.

###### **Line operating flight time.** Flight time recorded by the PIC or Co-Pilot while in revenue service for an AOC holder.

###### **Long Range Overwater Flights.** Routes on which an aeroplane may be over water and at more than a distance corresponding to 120  minutes at cruising speed or 740 km (400 NM), whichever is the lesser, away from land suitable for making an emergency landing.

###### **Low Altitude Wind Shear Warning and Guidance System.** A system that will issue a warning of low altitude wind shear and in some cases provide the pilot with guidance information of the escaper manoeuvre.

###### **Mach Number Indicator.** An indicator that shows airspeed as a function of the Mach number.

###### **Maintenance.** The performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair.

###### **Maintenance Control Manual**. A document that describes the operator's procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator's aircraft on time and in a controlled and satisfactory manner.

###### **Maintenance Procedures Manual**. A document endorsed by the head of the maintenance organization which details the maintenance organisation's structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems.

###### **Maintenance release.** A document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organisation's procedures manual or under an equivalent system. 

###### **Major alteration**. Major alteration means an alteration not listed in the aircraft, aircraft engine, or propeller specifications -- (1) that might appreciably affect weight, balance, structural strength, performance, powerplant, operations, flight characteristics, or other qualities affecting airworthiness; or (2) that cannot be done by elementary operations. 

###### **Major repair.** Major repair means a repair: (1) that if improperly done might appreciably affect weight, balance, structural strength, performance, powerplant, operations, flight characteristics, or other qualities affecting airworthiness; or (2) that is not done according to accepted practices or cannot be done by elementary operations.

###### **Manoeuvring area.** That part of an aerodrome to be used for the takeoff, landing and taxiing of aircraft, excluding aprons.

###### **Master Minimum Equipment List (MMEL).** A list established for a particular aircraft type by the organization responsible for the type design with the approval of the State of Design containing items, , one or more of which is permitted to be unserviceable at the commencement of a flight. The MMEL may be associated with special operating conditions, limitations or procedures. The MMEL provides the basis for development, review, and approval by the Authority of an individual operator\'s MEL.

###### **Maximum mass**. Maximum certificated take-off-mass.

###### **May.** A rule of construction in Part 1.1.1.1.(a)(3) that indicates that discretion can be used when performing an act described in a regulation.

###### **Medical certificate.** The evidence issued by the \[AUTHORITY\] that the licence holder meets specific requirements of medical fitness. It is issued following an evaluation by the Licensing \[AUTHORITY\] of the report submitted by the designated medical examiner who conducted the examination of the applicant for the licence.

###### **Minimum Equipment List (MEL).** A list approved by the Authority which provides for the operation of aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the Master Minimum Equipment List established for the aircraft type. 

###### **Minister.** This term means the Minister responsible for civil aviation. (Law)

###### **Modification.** The alteration of an aircraft/aeronautical product in conformity with an approved standard.

###### **Movement area.** That part of an aerodrome to be used for takeoff, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron(s).

###### **Navigable airspace.** The airspace above the minimum altitudes of flight prescribed in these Model regulations (Part 8) and includes airspace needed to insure safety in the takeoff and landing of aircraft. 

###### **Navigation of aircraft.** A function which includes the piloting of aircraft. (Law)

###### **Night.** The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise. Civil twilight ends in the evening when the centre of the sun\'s disc is 6  degrees below the horizon and begins in the morning when the centre of the sun\'s disc is 6  degrees below the horizon. (Part 1)

###### **Obstruction clearance plane.** A plane sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a specified area surrounding the runway as shown in a profile view of that area. In the plane view, the centreline of the specified area coincides with the centreline of the runway, beginning at the point where the obstruction clearance plane intersects the centreline of the runway and proceeding to a point at least 1,500 feet from the beginning point. Thereafter, the centreline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 4,000 foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. This area extends laterally 200 feet on each side of the centreline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 500 feet on each side of the centreline at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter, it extends laterally 500 feet on each side of the centreline.

14 CFR: 121.171 (c)

###### **Ornithopter.** A heavier-than-air aircraft supported in flight chiefly by the reactions of the air on planes to which a flapping motion is imparted.

###### **Operational flight plan.** The operator\'s plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations, and relevant expected conditions on the route to be followed and at the aerodromes or heliports concerned.

###### **Operations manual.** A manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties.

###### **Operator**. A person, organisation or enterprise engaged in or offering to engage in an aircraft operation. (ICAO). . Any person who causes or authorises the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft.

###### **Operational control.** The exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight.

###### **Operations manual**. A manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties.

###### **Operations specifications**. Part of an operator's certificate (air operator certificate, approved training organization certificate, approved maintenance organization certificate, etc.) that is used to administer safety standards and define the provisions and limitations within which the operator may conduct business operations. Operations specifications are issued by the Authority and considered a legal, contractual agreement between the Authority and the operator. 

###### **Overhaul.** The restoration of an aircraft/aeronautical product using methods, techniques, and practices acceptable to the Authority, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO).

###### **Overpack.** An enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage.

###### **Package.** The complete product of the packing operation consisting of the packaging and its contents prepared for transport.

###### **Packaging.** Receptacles and any other components or materials necessary for the receptacle to perform its containment.

###### **Passenger aircraft**. An aircraft that carries any person other than a crew member, an operator's employee in an official capacity, an authorized representative of an appropriate national authority or a person accompanying a consignment or other cargo.

###### **Passenger exit seats.** Those seats having direct access to an exit, and those seats in a row of seats through which passengers would have to pass to gain access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit. A passenger seat having \"direct access\" means a seat from which a passenger can proceed directly to the exit without entering an aisle or passing around an obstruction.

###### **Performance criteria**. A simple, evaluative statement on the required outcome of the competency element and a description of the criteria used to judge if the required level of performance has been achieved.

###### **Person.** Any individual, firm, partnership, corporation, company, association, joint‑stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of these entities. (Law)

###### **Pilot in command.** The pilot responsible for the operation and safety of the aircraft during flight time. The pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of the flight.

###### **Pilot time.** That time a person---

####### Serves as a required pilot;

####### Receives training from an authorised instructor in an aircraft, or an approved flight simulation training device; or

####### Gives training as an authorised instructor in an aircraft, or an approved flight simulation training device.

###### **Pilot (to**)**.** To manipulate the flight controls of an aircraft during flight time.

###### **Pressure altitude.** An atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere (as defined in Annex 8).

###### **Primary Standard**. A standard defined and maintained by a State Authority and used to calibrate secondary standards.

###### **Powered-lift.** A heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight.

###### **Powerplant.** An engine that is used or intended to be used for propelling aircraft. It includes turbo superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers.

###### **Practical test.** See Skill test.

###### **Pre-flight inspection.** The inspection carried out before flight to insure that the aircraft is fit for the intended flight.

###### **Prescribed.** A rule of construction in Part 1.1.1.1.(a)(8) that means the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may."

###### **Pressurised aircraft.** For airman-licensing purposes, means an aircraft that has a service ceiling or maximum operating altitude, whichever is lower, above 25,000 feet MSL.

###### **Preventive maintenance.** Simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations.

###### **Problematic use of substances.** The use of one or more psychoactive substances by aviation personnel in a way that:

####### Constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

####### Causes or worsens an occupational, social, mental or physical problem or disorder.

###### **Prohibited area.** An airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited.

###### **Propeller.** A device for propelling an aircraft that has blades on a powerplant driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of powerplants. (Part 1)

###### **Proper shipping name.** The name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packaging.

###### **Psychoactive substances.** Alcohol, opiods, canabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.

###### **Public aircraft.** An aircraft used exclusively in the service of any government or of any political jurisdiction thereof, including the Government of \[STATE\], but not including any government owned aircraft engaged in operations which meet the definition of commercial air transport operations.

###### **Quality assurance.** Quality assurance, as distinguished from quality control, involves activities in the business, systems, and technical audit areas. A set of predetermined, systematic actions which are required to provide adequate confidence that a product or service satisfies quality requirements. 

###### **Quality control.** The regulatory inspection process through which actual performance is compared with standards, such as the maintenance of standards of manufactured aeronautical products, and any difference is acted upon.

###### **Quality system.** Documented organisational procedures and policies; internal audit of those policies procedures; management review and recommendation for quality improvements.

###### **Radiotelephony.** A form of radiocommunication primarily intended for the exchange of information in the form of speech.

###### **Rated air traffic controller.** An air traffic controller holding a licence and valid ratings appropriate to the privileges to be exercised.

###### **Rating.** An authorisation entered on or associated with a licence or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence or certificate.

###### **Rebuild.** The restoration of an aircraft/aeronautical product by using methods, techniques, and practices acceptable to the Authority, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits.

###### **Reference Standard.** A standard that is used to maintain working standards.

###### **Re-issue of a licence, rating, authorization or certificate.** The administrative action taken after a licence, rating, authorization or certificate has lapsed that re-issues the privileges of the licence, rating, authorization or certificate for a further specified period consequent upon the fulfilment of specified requirements.

###### **Renewal of licence, rating, authorization or certificate.** The administrative action taken within the period of validity of a licence, rating, authorization or certificate that allows the holder to continue to exercise the privileges of a licence, rating, authorization or certificate for a further specified period consequent upon the fulfilment of specified requirements.

###### **Repair.** 

####### The restoration of an aeronautical product to an airworthy condition as defined by the appropriate airworthiness requirements. (ICAO Annex 8)**;**

####### The restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear. (ICAO Annex 6 definition).

###### **Repetitive flight plan (RPL).** A flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATC units.

###### **Reporting point.** A specified geographical location in relation to which the position of the aircraft can be reported.

###### **Required inspection items.** As used in Part 5, maintenance items and/or alterations that must be inspected by a person other than the one performing the work, and include at least those that could result in a failure, malfunction, or defect endangering the safe operation of the aircraft, if not properly performed or if improper parts or materials are used.

###### **Required Navigation Performance (RNP).** A statement of the navigation performance necessary for operations with a defined airspace.

###### **Rest period.** A period free of all restraint, duty or responsibility for persons indentified in these regulations conducting commercial air transport operations or work under a certificate or approval from the Authority.

###### **Restricted area.** An airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions.

###### **Rotorcraft.** A power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors.

###### **Rotorcraft flight manual.** A manual, associated with the certificate of airworthiness, containing limitations within which the rotorcraft is to be considered airworthy, and instructions and information necessary to the flight crew members of the safe operation of the rotorcraft.

###### **Rotorcraft load combinations.** Configurations for external loads carried by rotorcraft---

####### *Class A---*external load fixed to the rotorcraft, cannot be jettisoned, and does not extend below the landing gear, used to transport cargo.

####### *Class B*---external load suspended from the rotorcraft, which can be jettisoned, and is transported free of land or water during rotorcraft operations.

####### *Class C*---external load suspended from the rotorcraft, which can be jettisoned, but remains in contact with land or water during rotorcraft operation.

####### *Class D*---external load suspended from the rotorcraft for the carriage of persons.

###### **Route sector.** A flight comprising take off, departure, cruise of not less than 15  minutes, arrival, approach and landing phases.

###### **Runway.** A defined rectangular area on a land aerodrome prepared for the landing and takeoff of aircraft.

###### **Runway-holding position.** A designated position intended to protect a runway, an obstacle limitation surface, or an ILS/MLS critical/sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower.

###### **Safety-sensitive personnel.** Persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers.

###### **Safety management system (SMS).** An systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures. 

###### **Safety recommendation.** A proposal of the accident investigation authority of the State conducting the investigation, based on information derived from the investigation made with the intention of preventing accidents or incidents.

###### **Secondary Standards.** A standard maintained by comparison with a primary standard.

###### **Serious incident.** An incident involving circumstances indicated that an accident nearly occurred.

###### **Serious injury.** An injury which is sustained by a person in an accident and which:

####### Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;

####### Results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

####### Involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or

####### Involves injury to any internal organ; or

####### Involves second or third degree burns, or any burns affecting more than 5% of the body surface; or

####### Involves verified exposure to infectious substances or injurious radiation.

###### **Shall.** A rule of construction in Part 1.1.1.1. (a)(1) that indicates a mandatory requirement.

###### **Signal area.** An area on an aerodrome used for the display of ground signals.

###### **Signature.** An individual's unique identification used as a means of authenticating a record entry or record. A signature may be hand-written, electronic, or any other form acceptable to the Authority.

###### **Skill test.** A competency test on the areas of operations for a licence, certificate, rating, or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight, or in an approved flight simulation training device, or in a combination of these.

###### **Small aeroplane.** An aeroplane having a maximum certified takeoff mass of less than 5,700 kg. (12,500 lbs.).

###### **Solo flight.** Flight time during which a student pilot is the sole occupant of the aircraft, or that flight time during which the student acts as a PIC of a gas balloon or an airship requiring more than one flight crewmember.

###### **Spare parts.** Any parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), of aircraft engines (other than propellers), of propellers, and of appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto. (Law)

###### **Special aircraft jurisdiction of \[STATE\].** This includes: (Law)

####### Civil aircraft of \[STATE\]; and

####### Any other aircraft within the jurisdiction of \[STATE\], while the aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or, in case of a forced landing, until the competent authorities take over the responsibility of the aircraft and the persons and property aboard.

###### **Special VFR flight.** A VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC.

###### **Specialised maintenance.** Any maintenance not normally performed by an AMO (e.g., tire retreating, plating, etc.)

###### **Specific operating provisions.** the Specific Operating Provisions describe the ratings (Class and/or Limited) in detail and will contain or reference material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation. The accountable manager and the Authority sign this document.

###### **Standard**. An object, artifact, tool, test equipment, system, or experiment that stores, embodies, or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity. It also includes a document describing the operations and process that must be performed in order for a particular end to be achieved.

###### **State of Design.** The State having jurisdiction over the organisation responsible for the type design.

###### **State of Manufacture.** The State having jurisdiction over the organisation responsible for the final assembly of the aircraft.

###### **State of Occurrence.** The State in the territory of which an accident or incident occurs**.**

###### **State of the Operator.** The State in which the operator's principal place of business is located, or, if there is no such place of business, the operator's permanent residence. 

###### **State of Origin.** As relating to dangerous goods, the State in which dangerous goods were first loaded on an aircraft. (ICAO Annex 18) 

###### **State of Registry.** The State on whose register an aircraft is entered. 

###### **Substantial damage**. Damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered \"substantial damage\" for the purpose of this substantial damage relating to an aircraft accident.

###### **Synthetic flight trainer.** See Flight simulation training device.

###### **Taxiing.** Movement of an aircraft on the surface of an aerodrome under its own power, excluding takeoff and landing.

###### **Taxiway.** A defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including:

####### *Aircraft stand taxilane*. A portion of an apron designated as a taxiway and intended to provide access to aircraft stands only.

####### *Apron taxiway*. A portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron.

####### *Rapid exit taxiway*. A taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimizing runway occupancy times.

###### **Technical log.** A document carried on an aircraft that contains information to meet ICAO requirements; a technical log contains two independent sections: a journey record section and an aircraft maintenance record section.

###### **Takeoff decision point.** The point used in determining takeoff performance of a Class 1 helicopter from which, an engine failure occurring at this point, either a rejected takeoff may be made or a takeoff safely continued.

###### **Technical instructions.** The latest effective edition of the *Technical Instructions for the Safe Transport of Dangerous Goods by Air* (Doc. 9284-AN/905), including the supplement and any addendum, approved and published by decision of the Council of the ICAO. The term \"Technical Instructions\" is used in this Part.

###### **Terminal control area.** A control area normally established at the confluence of ATC routes in the vicinity of one or more major aerodromes.

###### **Terrain Awareness Warning System**. A system that provides the flight crew with sufficient information and alerting to detect a potentially hazardous terrain situation and so the flight crew may take effective action to prevent a controlled flight into terrain (CFIT) event.

###### **Threat**. As relating to flight, events or errors that occur beyond the influence of the flight crew, increase operational complexity and which must be managed to maintain the margin of safety. (ICAO Annex 1)

###### **Threat management.** The process of detecting and responding to the threats with countermeasures that reduce or eliminate the consequences of threats, and mitigate the probability of errors or undesired aircraft. (ICAO Annex 1)

###### **Total estimated elapsed time.** For IFR flights, the estimated time required from takeoff to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aerodrome. For VFR flights, the estimated time required from takeoff to arrive over the destination aerodrome.

###### **Traceability.** A characteristic of a calibration, analogous to a pedigree. A traceable calibration is achieved when each Measurement Device and Working Standard, in a hierarchy stretching back to the National Standard, was itself properly calibrated, and the results properly documented. The documentation provides the information needed to show that all calibrations in the chain of calibrations were properly performed.

###### **Track.** The projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in  degrees from North (true, magnetic or grid).

###### **Traffic avoidance advice.** Advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision.

###### **Traffic information.** Information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision.

###### **Training manual.** A manual containing the training goals, objectives, standards syllabi, and curriculum for each phase of the approved training course. 

###### **Training procedures manual.** A manual containing procedures, instructions and guidance for use by personnel of an Approved Training Organisation in the execution of their duties in meeting the requirements of the certificate.

###### **Training specifications.** A document issued to an Aviation Training Organisation certificate holder by the \[STATE\] that specifies training program requirements and authorises the conduct of training, checking, and testing with any limitations thereof. 

###### **Training program.** Program that consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective. It may include a core curriculum and a specialty curriculum.

###### **Transfer Standard.** Any standard that is used to compare a measurement process, system, or device at one location or level with another measurement process, system or device at another location or level. 

###### **Transition altitude.** The altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes.

###### **Training time.** The time spent receiving from an authorised instructor flight training, ground training, or simulated flight training in an approved flight simulation training device.

###### **Training to proficiency.** The process of the check airman administering each prescribed manoeuvre and procedure to a pilot as necessary until it is performed successfully during the training period.

###### **Type Certificate.** A document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State. 

###### **Undesired aircraft state.** Occurs when the flight crew places the aircraft in a situation of unnecessary risk. (ICAO Annex 1).

###### **UN number.** The four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances.

###### **Unit load device.** Any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo.

###### **Unmanned free balloon.** A non-power-driven, unmanned, lighter-than-air aircraft in free flight.

###### **Validation.** The action taken by \[STATE\] as an alternative to issuing its own licence, in accepting a licence issued by another Contracting State as the equivalent of its own licence for use on aircraft registered in \[STATE\].

###### **Validation of a Certificate of Airworthiness**. The action taken by a Contracting State, as an alternative to issuing its own Certificate of Airworthiness, in accepting a Certificate of Airworthiness issued by any other Contracting State as the equivalent of its own Certificate of Airworthiness.

###### **VFR.** The symbol used to designate the visual flight rules.

###### **VFR flight.** A flight conducted in accordance with the visual flight rules.

###### **Visibility.** Visibility for aeronautical purposes is the greater of:

####### The greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognized when observed against a bright background;

####### The greatest distance at which lights in the vicinity of 1,000 candelas can be seen and identified against an unlit background.

###### **Visual meteorological conditions.** Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima.

###### **VMC.** The symbol used to designate visual meteorological conditions.

###### **Wet Lease.** The lease of an aircraft with crew and other back-up. 

###### **Will.** A rule of construction in Part 1.1.1.1 (a)(4) that indicates an action incumbent upon the Authority.

\[This PAge intentionally left Blank\]

MODEL CIVIL AVIATION REGULATIONS

# IMPLEMENTING STANDARDS

\[STATE\]

VERSION 2.5

April 2007

  -----------------------------------------------------------------------
  For ease of reference the number assigned to each implementing standard
  corresponds to its associated regulation. For example IS: 1.2.1.8 would
  reflect a standard required in subsection 1.2.1.8.

  -----------------------------------------------------------------------

\[This PAge Intentionally Left Blank\]

#### [[[]{#_IS_1.2.1.8_List .anchor}]{#__RefHeading___Toc165778331 .anchor}IS 1.2.1.8](#psychoactive-substance-testing-and-reporting) List of Psychoactive Substances {#is-1.2.1.8-list-of-psychoactive-substances .unnumbered}

##### The following are deemed to be psychoactive substances: 

###### Alcohol.

###### Opioids.

###### Cannabinoids.

###### Sedatives and hypnotics.

###### Cocaine and other stimulants (except caffeine).

###### Hallucinogens.

###### Volatile solvents.

Note: See ICAO Doc 9654, Manual on Prevention of Problematic Use of
Substances in the Aviation Workplace.

ICAO Doc 9654

#### [[[]{#_IS_1.3.3__Legal_Enforcement_actions .anchor}]{#__RefHeading___Toc165778332 .anchor}IS 1.3.3. Legal Enforcement actions](#legal-enforcement-actions) {#is-1.3.3.-legal-enforcement-actions .unnumbered}

##### [These sample sanction guidance tables provide a recommended approach to assessment of sanctions for violations of these Aviation Regulations.](#legal-enforcement-actions)

##### These tables describe civil penalties as minimum, moderate, or maximum for a single violation of a particular regulation, in accordance with Section 701 or Section 702 of the Civil Aviation Safety Act. These terms are defined as in the following tables. 

## Table 1. Range of civil penalties {#table-1.-range-of-civil-penalties .unnumbered}

+-----------------------------------+-----------------------------------+
| Party committing violation        | Amount of Civil Penalty           |
+-----------------------------------+-----------------------------------+
| Air Carriers                      | Maximum: \[fill in range\]        |
|                                   |                                   |
|                                   | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+
| Airport Operators                 | Maximum: \[fill in range\]        |
|                                   |                                   |
|                                   | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+
| Air Carrier Personnel             | Maximum: \[fill in range\]        |
|                                   |                                   |
|                                   | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+
| General Aviation Owners,          | Maximum: \[fill in range\]        |
| Operators, Mechanics, and         |                                   |
| non-licenced persons              | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+
| Approved Maintenance              | Maximum: \[fill in range\]        |
| Organisations                     |                                   |
|                                   | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+
| Approved Training Organisations   | Maximum: \[fill in range\]        |
|                                   |                                   |
|                                   | Moderate: \[fill in range\]       |
|                                   |                                   |
|                                   | Minimum: \[fill in range\]        |
+-----------------------------------+-----------------------------------+

## Table 2. Recommended Sanctions {#table-2.-recommended-sanctions .unnumbered}

  ---------------------------------------------------------------------------------------------
  Violation                              Recommended                                         
                                         Sanction per                                        
                                         Violation                                           
  ----------------------------------- -- ---------------- ---------------------------------- --
  []{#__RefHeading___Toc165778335                                                            
  .anchor}I. Air Operators and                                                               
  Airport Operators                                                                          

  1\. Maintenance Manual                                                                     

  \(a\) Failure to maintain current      Suspend until                                       
  manual                                 manuals are                                         
                                         current to 7 day                                    
                                         suspension and                                      
                                         thereafter until                                    
                                         manuals are made                                    
                                         current                                             

  \(b\) Failure to provide adequate      Moderate to                                         
  instructions & procedures in manual    maximum civil                                       
                                         penalty                                             

  \(c\) Failure to distribute manual     Moderate civil                                      
  to appropriate personnel               penalty                                             

  \(d\) Release of aircraft without      Maximum civil                                       
  required equipment                     penalty to 7-day                                    
                                         suspension                                          

  2\. Failure to comply with             Moderate to                                         
  Airworthiness Directives               maximum civil                                       
                                         penalty                                             

  3\. Operations Specifications                                                              

  \(a\) Failure to comply with           Maximum civil                                       
  inspection and overhaul time           penalty to 7-day                                    
  limitations                            suspension                                          

  \(b\) Operations contrary to           Maximum civil                                       
  operations specifications              penalty                                             

  4\. Failure to provide adequately      Maximum civil                                       
  for proper servicing, maintenance,     penalty to                                          
  repair, and inspection of              suspension until                                    
  facilities and equipment               proper servicing                                    
                                         maintenance,                                        
                                         repair, and                                         
                                         inspection of                                       
                                         facilities and                                      
                                         equipment is                                        
                                         provided.                                           

  5\. Failure to provide or maintain     Maximum civil                                       
  a maintenance & inspection             penalty to                                          
  organization                           suspension until                                    
                                         appropriate                                         
                                         maintenance and                                     
                                         inspection                                          
                                         organization is                                     
                                         provided.                                           

  6\. Training Program                                                                       

  \(a\) Failure to have or maintain      Maximum civil                                       
  an effective training program          penalty to                                          
                                         suspension until                                    
                                         compliance is                                       
                                         demonstrated                                        

  \(b\) Failure to train specific        Moderate to                                         
  personnel adequately                   maximum civil                                       
                                         penalty                                             

  7\. Failure to insure that             Moderate to                                         
  maintenance release is completed       maximum civil                                       
  and signed                             penalty                                             

  8\. Performance of maintenance by      Maximum civil                                       
  unauthorized persons                   penalty                                             

  9\. Failure to perform or improper     Maximum civil                                       
  performance of maintenance             penalty                                             

  10\. Failure to revise aircraft        Moderate to                                         
  data after repair                      maximum civil                                       
                                         penalty                                             

  11\. Records and Reports                                                                   

  \(a\) Failure to make accurate         Moderate to                                         
  mechanical interruption summary        maximum civil                                       
  report                                 penalty                                             

  \(b\) Failure to make available        Moderate to                                         
  reports of major alterations or        maximum civil                                       
  repairs                                penalty                                             

  \(c\) Failure to make accurate         Moderate to                                         
  mechanical reliability reports         maximum civil                                       
                                         penalty                                             

  \(d\) Failure to keep maintenance      Maximum civil                                       
  records                                penalty to 7-day                                    
                                         suspension and                                      
                                         thereafter until                                    
                                         aircraft is in                                      
                                         airworthy                                           
                                         conditions                                          

  \(e\) Failure to make required         Moderate to                                         
  entry in aircraft log                  maximum civil                                       
                                         penalty                                             

  \(f\) Failure to make available        Moderate to                                         
  pilot records                          maximum civil                                       
                                         penalty                                             

  \(g\) Failure to make available        Moderate to                                         
  load manifests                         maximum civil                                       
                                         penalty                                             

  12\. Operation of an unairworthy                                                           
  aircraft                                                                                   

  \(a\) Technical non-conformity to      Minimum civil                                       
  type certificate, but no likely        penalty                                             
  effect (potential or actual) on                                                            
  safe operation                                                                             

  \(b\) Non-conformity which may have    Moderate civil                                      
  an adverse effect on safety of         penalty                                             
  operation                                                                                  

  \(c\) Non-conformity which has an      Maximum civil                                       
  adverse effect (actual or              penalty                                             
  potential) on safe operation                                                               

  13\. Serving alcoholic beverages to    Maximum civil                                       
  or boarding a person who appears to    penalty                                             
  be intoxicated                                                                             

  14\. Failure to make available a       Maximum civil                                       
  seat on the flight deck for            penalty                                             
  Authority inspectors conducting an                                                         
  en route inspection                                                                        

  15\. Using an unqualified              Maximum civil                                       
  crewmember                             penalty                                             

  16\. Improperly returning an           Maximum civil                                       
  aircraft to service                    penalty                                             

  17\. illegal carriage of controlled    Revocation                                          
  substance with knowledge of                                                                
  carrier, i.e., knowledge of                                                                
  management personnel                                                                       

  18\. Security Violations                                                                   

  \(a\) Failure to properly screen       Maximum civil                                       
  baggage or each passenger              penalty                                             

  \(b\) Unauthorized access to           Maximum civil                                       
  airport operations area\`              penalty                                             

  \(c\) Failure to comply with air       Maximum civil                                       
  carrier security program, including    penalty                                             
  failure to detect weapons,                                                                 
  incendiary and other dangerous                                                             
  devices                                                                                    

  \(d\) Management personnel coerce,     Revocation                                          
  condone, or encourage falsification                                                        
  of records/reports                                                                         

  \(e\) Deliberate failure to            Maximum civil                                       
  maintain employee records              penalty                                             

  \(f\) Failure to challenge             Moderate civil                                      
                                         penalty                                             

  \(g\) Failure to test screeners or     Moderate civil                                      
  test equipment                         penalty                                             

  \(h\) Failure to properly train        Moderate civil                                      
                                         penalty                                             

  \(i\) Unintentional failure to         Minimum to                                          
  maintain screener test records         moderate civil                                      
                                         penalty                                             

  \(j\) Improper use of dosimeters       Minimum civil                                       
                                         penalty                                             

  \(k\) Failure to display               Minimum to                                          
  identification                         moderate civil                                      
                                         penalty                                             

  \(l\) Failure to manage/control        Maximum civil                                       
  identification system                  penalty                                             

  \(m\) Failure to conduct background    Minimum to                                          
  check                                  moderate civil                                      
                                         penalty                                             

  \(n\) Failure to detect test           Maximum civil                                       
  objects                                penalty                                             

  \(o\) Failure to comply with           Maximum civil                                       
  approved or current security           penalty                                             
  program                                                                                    

  \(p\) Failure of the law               Maximum civil                                       
  enforcement officer to respond in a    penalty                                             
  timely manner                                                                              

  []{#__RefHeading___Toc165778336                                                            
  .anchor}II. Personnel of Air                                                               
  Carriers                                                                                   

  1\. Maintenance performed by                                                               
  unauthorized personnel                                                                     

  \(a\) Without a licence                Maximum civil                                       
                                         penalty                                             

  \(b\) Exceeding limitations            30 to 45 day                                        
                                         suspension                                          

  2\. Failure to properly perform        30 to 120 day                                       
  maintenance                            suspension                                          

  3\. Inspection personnel                                                                   

  \(a\) Failure to make required         30 to 60 day                                        
  inspection                             suspension                                          

  \(b\) Making improper inspection       30 to 120 day                                       
                                         suspension                                          

  \(c\) Improperly releasing an          30 to 60 day                                        
  aircraft to service                    suspension                                          

  4\. Records and reports                                                                    

  \(a\) Failure to make entries in       15 to 60 day                                        
  aircraft log                           suspension                                          

  \(b\) Failure to make entries in       15 to 30 day                                        
  worksheets                             suspension                                          

  \(d\) Failure to sign off work or      15 to 30 day                                        
  inspection performed                   suspension                                          

  \(e\) Failure to complete and sign     15 to 30 day                                        
  maintenance release                    suspension                                          

  \(f\) Falsification of records or      Revocation                                          
  reports                                                                                    

  5\. Releasing aircraft for service     30 to 60 day                                        
  without required equipment             suspension                                          

  6\. Pre-flight                                                                             

  \(a\) Failure to use pre-flight        15 to 30 day                                        
  cockpit checklist                      suspension                                          

  \(b\) Failure to check aircraft        30 to 90 day                                        
  logs, flight manifests, weather,       suspension                                          
  etc.                                                                                       

  7\. Taxiing                                                                                

  \(a\) Failure to adhere to taxi        30 to 60 day                                        
  clearance or instruction               suspension                                          

  \(b\) Collision while taxiing          30 to 120 day                                       
                                         suspension                                          

  \(c\) Jet blast                        30 to 180 day                                       
                                         suspension                                          

  \(d\) Taxiing with passenger           30 to 60 day                                        
  standing                               suspension                                          

  8\. Takeoff                                                                                

  \(a\) Takeoff against instruction      60 to 120 day                                       
  or clearance                           suspension                                          

  \(b\) Takeoff below weather minima     60 to 120 day                                       
                                         suspension                                          

  \(c\) Takeoff in overloaded            60 to 120 day                                       
  aircraft                               suspension                                          

  9\. Enroute                                                                                

  \(a\) Deviation from clearance or      30 to 90 day                                        
  instruction                            suspension                                          

  \(b\) Operating VFR within clouds      90 day                                              
                                         suspension to                                       
                                         revocation                                          

  \(c\) Operation of unairworthy         30 to 180 day                                       
  aircraft                               suspension                                          

  \(d\) Unauthorized departure from      15 to 30 day                                        
  flight desk                            suspension                                          

  \(e\) Operating within restricted      30 to 90 day                                        
  or prohibited area, or within          suspension                                          
  positive control area with                                                                 
  clearance                                                                                  

  \(f\) Operating without required       15 to 120 day                                       
  equipment                              suspension                                          

  \(g\) Fuel mismanagement/exhaustion    30 to 150 day                                       
                                         suspension                                          

  10\. Approach to landing                                                                   

  \(a\) Deviation from clearance or      30 to 90 day                                        
  instruction in terminal area           suspension                                          

  \(b\) Approach below weather           45 to 90 day                                        
  minimums                               suspension                                          

  \(c\) Exceeding speed limitation in    30 to 60 day                                        
  airport traffic areas                  suspension                                          

  11\. Landing                                                                               

  \(a\) Landing at wrong airport         90 to 180 day                                       
                                         suspension                                          

  \(b\) Deviation from instrument        30 to 90 day                                        
  approach procedure                     suspension                                          

  \(c\) Overweight landing               30 to 90 day                                        
                                         suspension                                          

  \(d\) Hard landing                     15 to 60 day                                        
                                         suspension                                          

  \(e\) Short or long landing            30 to 180 day                                       
                                         suspension                                          

  \(f\) Wheels up landing                30 to 180 day                                       
                                         suspension                                          

  \(g\) Failure to comply with           Maximum civil                                       
  preferential runway system             penalty to 15                                       
                                         day suspension                                      

  12\. Unauthorized admission to         30 to 90 day                                        
  flight deck                            suspension                                          

  13\. Failure to close and lock         Maximum civil                                       
  cockpit door                           penalty to 30                                       
                                         day suspension                                      

  14\. Acting as flight crewmember       Emergency                                           
  while under the influence of liquor    revocation                                          
  or other psychoactive substances,                                                          
  or alcoholic beverage consumption                                                          
  within 8 hours                                                                             

  15\. Denial of authorised entry to     30 to 60 day                                        
  flight deck                            suspension                                          

  16\. Flight and duty time              15 to 90 day                                        
  limitations                            suspension                                          

  17\. Operation without required                                                            
  licence, certificate or rating                                                             

  \(a\) Medical certificate              15 to 60 day                                        
                                         suspension                                          

  \(b\) Lack of type rating              180 day                                             
                                         suspension to                                       
                                         revocation                                          

  \(c\) Missed proficiency check         30 to 90 day                                        
                                         suspension                                          

  \(d\) Lack of current experience       30 to 90 day                                        
                                         suspension                                          

  \(e\) Failure to have current          Moderate civil                                      
  certificate or licence in              penalty to 7 day                                    
  possession                             suspension                                          

  18\. Operation with known physical     Revocation                                          
  disability                                                                                 

  []{#__RefHeading___Toc165778337                                                            
  .anchor}III. Individuals and                                                               
  General Aviation---Owners, Pilots,                                                         
  Maintenance Personnel, Approved                                                            
  Maintenance Organisations, Approved                                                        
  Training Organisations                                                                     

  1\. Owners and operators other than                                                        
  required crewmembers                                                                       

  \(a\) Failure to comply with           Moderate to                                         
  airworthiness directives               maximum civil                                       
                                         penalty                                             

  \(b\) Failure to perform or            Moderate to                                         
  improper performance of                maximum civil                                       
  maintenance, including required        penalty                                             
  maintenance                                                                                

  \(c\) Failure to make proper           Minimum to                                          
  entries in aircraft logs               moderate civil                                      
                                         penalties                                           

  \(d\) Operation of aircraft beyond     Minimum to                                          
  annual, 100-hour, or progressive       moderate civil                                      
  inspection                             penalty                                             

  \(e\) Operation of unairworthy         Moderate to                                         
  aircraft                               maximum civil                                       
                                         penalty                                             

  \(f\) Falsification of any record      Revocation                                          

  2\. Aviation Maintenance                                                                   
  Organizations                                                                              

  \(a\) Failure to provide adequately    Moderate to                                         
  for proper servicing, maintenance      maximum civil                                       
  repairs, and inspection                penalty                                             

  \(b\) Failure to provide adequate      Maximum civil                                       
  personnel who can perform,             penalty to 7-day                                    
  supervise, and inspect work for        suspension and                                      
  which the station is rated             thereafter until                                    
                                         adequate                                            
                                         personnel are                                       
                                         provided                                            

  \(c\) Failure to have enough           Maximum civil                                       
  qualified personnel to keep up with    penalty to 7-day                                    
  the volume of work                     suspension and                                      
                                         thereafter until                                    
                                         certificate                                         
                                         holder has                                          
                                         enough qualified                                    
                                         personnel                                           

  \(d\) Failure to maintain records      Moderate to                                         
  of supervisory and inspection          maximum civil                                       
  personnel                              penalty                                             

  \(e\) Failure to maintain              Moderate to                                         
  performance records and reports        maximum civil                                       
                                         penalty                                             

  \(f\) Failure to ensure correct        Minimum to                                          
  calibration of all inspection and      maximum civil                                       
  test equipment is accomplished at      penalty                                             
  prescribed intervals                                                                       

  \(g\) Failure to set forth adequate    Minimum to                                          
  description of work performed          maximum civil                                       
                                         penalty                                             

  \(h\) Failure of mechanic to make      Moderate to                                         
  log entries, records, or reports       maximum civil                                       
                                         penalty                                             

  \(i\) Failure to sign or complete      Minimum to                                          
  maintenance release                    moderate civil                                      
                                         penalty                                             

  \(j\) Inspection of work performed     Maximum civil                                       
  and approval for return to service     penalty to 30                                       
  by other than a qualified inspector    day suspension                                      

  \(k\) Failure to have an adequate      Moderate civil                                      
  inspection system that produces        penalty to 30                                       
  satisfactory quality control           day suspension                                      
                                         and thereafter                                      
                                         until an                                            
                                         adequate                                            
                                         inspection                                          
                                         system is                                           
                                         attained.                                           

  \(l\) Maintaining or altering an       Maximum civil                                       
  article for which it is rated,         penalty to 30day                                    
  without using required technical       suspension                                          
  data, equipment, or facilities                                                             

  \(m\) Failure to perform or            Moderate civil                                      
  properly perform maintenance,          penalty to 30                                       
  repairs, alterations, and required     day suspension                                      
  inspections                                                                                

  \(n\) Maintaining or altering an       Maximum civil                                       
  airframe, powerplant, propeller,       penalty to                                          
  instrument, radio, or accessory for    revocation                                          
  which it is not rated.                                                                     

  \(o\) Failure to report defects or     Moderate to                                         
  unairworthy conditions to the          maximum civil                                       
  Authority in a timely manner.          penalty                                             

  \(p\) Failure to satisfy housing       Moderate civil                                      
  and facility requirements              penalty to                                          
                                         suspension until                                    
                                         housing and                                         
                                         facility                                            
                                         requirements are                                    
                                         satisfied                                           

  \(q\) Change of location, housing,     Moderate civil                                      
  or facilities without advance          penalty to                                          
  written approval                       suspension until                                    
                                         approval is                                         
                                         given                                               

  \(r\) Operating as a certificated      Maximum civil                                       
  repair station without a repair        penalty                                             
  station certificate                                                                        

  \(s\) Failure to permit Authority      Maximum civil                                       
  to inspect                             penalty to                                          
                                         suspension until                                    
                                         Authority is                                        
                                         permitted to                                        
                                         inspect.                                            

  3\. General Aviation Maintenance                                                           
  Personnel                                                                                  

  \(a\) Failure to revise aircraft       30 to 60 day                                        
  data after major repairs or            suspension                                          
  alterations                                                                                

  \(b\) Failure to perform or            30 to 120 day                                       
  improper performance of maintenance    suspension                                          

  \(c\) Failure of mechanic to           30 to 60 day                                        
  properly accomplish inspection         suspension                                          

  \(d\) Failure of mechanic to record    Minimum civil                                       
  inspection                             penalty to 30                                       
                                         day suspension                                      

  \(e\) Failure of Inspection            60 to 180 day                                       
  Authorization holder to properly       suspension of                                       
  accomplish inspection                  Inspection                                          
                                         Authorization                                       

  \(f\) Failure of Inspection            Moderate civil                                      
  Authorization holder to record         penalty to 30                                       
  inspection                             day suspension                                      
                                         of Inspection                                       
                                         Authorization                                       

  \(g\) Maintenance performed by         Moderate to                                         
  person without a certificate           maximum civil                                       
                                         penalty                                             

  \(h\) Maintenance performed by         15 to 60 day                                        
  person who exceeded certificate        suspension                                          
  limitations                                                                                

  \(i\) Improper approval for return     Moderate civil                                      
  to service                             penalty to 60                                       
                                         day suspension                                      

  \(j\) Failure to make maintenance      Moderate civil                                      
  record entries                         penalty to 60                                       
                                         day suspension                                      

  \(k\) Failure to set forth adequate    Minimum civil                                       
  description of work performed          penalty to 30                                       
                                         day suspension                                      

  \(l\) Falsification of maintenance     Revocation                                          
  records                                                                                    

  4\. Student Operations                                                                     

  \(a\) Carrying passengers              Revocation                                          

  \(b\) Solo flight without              45 to 90 day                                        
  endorsement                            suspension                                          

  \(c\) Operation on international       60 to 90 day                                        
  flight                                 suspension                                          

  \(d\) Use of aircraft in business      90 to 120 day                                       
                                         suspension                                          

  \(e\) Operation for compensation or    Revocation                                          
  hire                                                                                       

  5\. Flight instructors                                                                     

  \(a\) False endorsement of student     Revocation                                          
  pilot certificate                                                                          

  \(b\) Exceeding flight time            30 to 90 day                                        
  limitations                            suspension                                          

  \(c\) Instruction in aircraft for      30 to 90 day                                        
  which he/she is not rated              suspension                                          

  6\. Operational violations                                                                 

  \(a\) Operation without valid          30 to 90 day                                        
  airworthiness or registration          suspension                                          
  certificate                                                                                

  \(b\) Failure to close flight plan     Administrative                                      
  or file arrival notice                 action to                                           
                                         minimum civil                                       
                                         penalty                                             

  \(c\) Operation without valid pilot    Maximum civil                                       
  certificate (no certificate)           penalty                                             

  \(d\) Operation while pilot            Emergency                                           
  certificate is suspended               revocation                                          

  \(e\) Operation without pilot or       Administrative                                      
  medical certificate in personal        action to 15 day                                    
  possession                             suspension                                          

  \(f\) Operation without valid          30 to 180 day                                       
  medical certificate                    suspension                                          

  \(g\) Operation for compensation or    180 day                                             
  hire without commercial pilot          suspension to                                       
  certificate                            revocation                                          

  \(h\) Operation without type or        60 to 120 day                                       
  class rating                           suspension                                          

  \(i\) Failure to comply with           90 day                                              
  special conditions of medical          suspension to                                       
  certificate                            revocation                                          

  \(j\) Operation with known physical    90 day                                              
  deficiency                             suspension to                                       
                                         revocation                                          

  \(k\) Failure to obtain preflight      30 to 90 day                                        
  information                            suspension                                          

  \(l\) Deviation from ATC               30 to 90 day                                        
  instruction or clearance               suspension                                          

  \(m\) Taxiing, takeoff, or landing     30 to 90 day                                        
  without a clearance where ATC tower    suspension                                          
  is in open                                                                                 

  \(n\) Failure to maintain radio        30 to 60 day                                        
  communications in airport traffic      suspension                                          
  area                                                                                       

  \(o\) Failure to comply with           30 to 60 day                                        
  airport traffic pattern                suspension                                          

  \(p\) Operation in terminal control    60 to 90 day                                        
  area without or contrary to a          suspension                                          
  clearance                                                                                  

  \(q\) Failure to maintain altitude     30 to 60 day                                        
  in airport traffic area                suspension                                          

  \(r\) Exceeding speed limitations      30 to 60 day                                        
  in traffic area                        suspension                                          

  \(s\) Operation of unairworthy         30 to 180 day                                       
  aircraft                               suspension                                          

  \(t\) Failure to comply with           30 to 180 day                                       
  Airworthiness directives               suspension                                          

  \(u\) Operation without required       30 to 90 day                                        
  instruments and/or equipment           suspension                                          

  \(v\) Exceeding operating              30 to 90 day                                        
  limitations                            suspension                                          

  \(w\) Operation within prohibited      30 to 90 day                                        
  or restricted area, or within          suspension                                          
  positive control area                                                                      

  \(x\) Failure to adhere to right of    30 to 90 day                                        
  way rules                              suspension                                          

  \(y\) Failure to comply with VFR       30 to 90 day                                        
  cruising altitudes                     suspension                                          

  \(z\) Failure to maintain required                                                         
  minimum altitudes over structures,                                                         
  persons, or vehicles over:                                                                 

  i\. Congested area                     60 to 180 day                                       
                                         suspension                                          

  ii\. Sparsely populated area           30 to 120 day                                       
                                         suspension                                          

  (aa) Failure to maintain radio         30 to 60 day                                        
  watch while under IFR                  suspension                                          

  (bb) Failure to report compulsory      30 to 60 day                                        
  reporting points                       suspension                                          

  \(cc\) Failure to display position     30 to 60 day                                        
  lights                                 suspension                                          

  (dd) Failure to maintain proper        30 to 60 day                                        
  altimeter settings                     suspension                                          

  (ee) Weather operations:                                                                   

  \(i\) Failure to comply with           60 to 180 day                                       
  visibility minimums in controlled      suspension                                          
  airspace                                                                                   

  \(ii\) Failure to comply with          30 to 120 day                                       
  visibility minimums outside            suspension                                          
  controlled airspace                                                                        

  \(iii\) Failure to comply with         60 to 180 day                                       
  distance from clouds requirements      suspension                                          
  in controlled airspace                                                                     

  \(iv\) Failure to comply with          30 to 120 day                                       
  distance from clouds requirements      suspension                                          
  outside of controlled airspace                                                             

  (ff) Failure to comply with IFR        45 to 180 day                                       
  landing minimums                       suspension                                          

  (gg) Failure to comply with            45 to 180 day                                       
  instrument approach procedures         suspension                                          

  (hh) Careless or reckless                                                                  
  operations:                                                                                

  \(i\) Fuel mismanagement/exhaustion                     30 to 150 day suspension           

  \(ii\) Wheels up landing                                30 to 60 day suspension            

  \(iii\) Short or long landing                           30 to 90 day suspension            

  \(iv\) Landing on or taking off                         30 to 60 day suspension            
  from closed runway                                                                         

  \(v\) Landing or taking off from                        30 to 120 day suspension           
  ramps or other improper areas                                                              

  \(vi\) Taxiing collision                                30 to 90 day suspension            

  \(vii\) Leaving aircraft unattended                     30 to 90 day suspension            
  with motor running                                                                         

  \(viii\) Propping aircraft without                      30 to 90 day suspension            
  a qualified person at controls                                                             

  \(ii\) Passenger operations                                                                

  \(i\) Operation without approved                        30 to 60 day suspension            
  seat belts                                                                                 

  \(ii\) Carrying passengers who are                      60 to 120 day suspension           
  under the influence of drugs or                                                            
  alcohol                                                                                    

  \(iii\) Performing acrobatics when                      60 to 90 day suspension            
  all passengers are not equipped                                                            
  with approved parachutes                                                                   

  []{#__RefHeading___Toc165778338                                                            
  .anchor}IV. Security Violations by                                                         
  Individuals                                                                                

  1\. Checked baggage                                                                        

  \(a\) Failure to declare unloaded                       Minimum civil penalty              
  firearm                                                                                    

  \(b\) Loaded firearm                                    Moderate to maximum civil penalty  

  \(c\) Incendiary/explosive                              Up to maximum civil penalty and/or 
                                                          criminal referral                  

  2\. Non-passengers: No intent to                                                           
  board                                                                                      

  \(a\) Possession of firearm                                                                
  (unloaded, unloaded with ammunition                                                        
  accessible, or loaded) or other                                                            
  dangerous or deadly weapon                                                                 
  (including stun guns):                                                                     

  \(i\) At screening point with no                        Minimum civil penalty              
  aggravating circumstances                                                                  

  \(ii\) At screening point with                          Moderate to maximum civil penalty  
  aggravating circumstances                                                                  

  \(iii\) In sterile area with no                         Minimum to moderate civil penalty  
  aggravating circumstances                                                                  

  \(iv\) In sterile area with                             Moderate to maximum civil penalty  
  aggravating circumstance                                                                   

  \(b\) Possession of                                     Moderate to maximum civil penalty  
  incendiary/explosive at screening                       and/or criminal referral           
  point or in sterile area with no                                                           
  intent to board a flight.                                                                  

  \(c\) Artful concealment of firearm                     Maximum civil penalty and/or       
  (loaded or unloaded), other                             criminal referral                  
  dangerous or deadly weapon                                                                 
  (including stun guns), or                                                                  
  incendiary/explosive at screening                                                          
  point or in sterile area.                                                                  

  3\. Passengers: Intent to board                                                            

  \(a\) Possession of dangerous or                                                           
  deadly weapon (including stun guns,                                                        
  mace, etc., but excluding firearms                                                         
  and incendiary/explosives)that                                                             
  would be accessible in flight in                                                           
  air transportation:                                                                        

  \(i\) At screening point with no                        Minimum civil penalty              
  aggravating circumstances                                                                  

  \(ii\) At screening pint with                           Moderate to maximum civil penalty  
  aggravating circumstances                                                                  

  \(iii\) In sterile area or aboard                       Minimum to moderate civil penalty  
  aircraft with no aggravating                                                               
  circumstances                                                                              

  \(iv\) In sterile area or aboard                        Moderate to maximum civil penalty  
  aircraft with aggravating                                                                  
  circumstances                                                                              

  \(b\) Possession of firearm that                                                           
  would be accessible in flight in                                                           
  air transportation with firearm                                                            
  unloaded, without accessible                                                               
  ammunition:                                                                                

  \(i\) At screening point with no                        Minimum to moderate civil penalty  
  aggravating circumstances                                                                  

  \(ii\) At screening pint with                           Maximum civil penalty              
  aggravating circumstances                                                                  

  \(iii\) In sterile area or aboard                       Moderate civil penalty             
  aircraft with no aggravating                                                               
  circumstances                                                                              

  \(iv\) In sterile area or aboard                        Maximum civil penalty              
  aircraft with aggravating                                                                  
  circumstances                                                                              

  \(c\) Possession of firearm that                                                           
  would be accessible in flight in                                                           
  air transportation with firearm                                                            
  loaded, or with accessible                                                                 
  ammunition:                                                                                

  \(i\) At screening point with no                        Moderate to maximum civil penalty  
  aggravating circumstances                                                                  

  \(ii\) At screening pint with                           Maximum civil penalty              
  aggravating circumstances                                                                  

  \(iii\) In sterile area or aboard                       Moderate to maximum civil penalty  
  aircraft with no aggravating                                                               
  circumstances                                                                              

  \(iv\) In sterile area or aboard                        Maximum civil penalty              
  aircraft with aggravating                                                                  
  circumstances                                                                              

  \(d\) Artful concealment of                             Maximum civil penalty and/or       
  dangerous or deadly weapon                              criminal referral                  
  (including stun guns, but excluding                                                        
  firearms and incendiary/explosives)                                                        
  at screen point, in sterile area,                                                          
  or aboard aircraft.                                                                        

  \(e\) Possession of                                     Maximum civil penalty and/or       
  incendiary/explosive at screening                       criminal referral                  
  point, in sterile area, or aboard                                                          
  aircraft that would be accessible                                                          
  in flight in air transportation.                                                           

  \(f\) Artful concealment of firearm                     Maximum civil penalty and/or       
  or incendiary/ explosive at                             criminal referral                  
  screening point, in sterile area,                                                          
  or aboard aircraft.                                                                        

  4\. OTHER ACTS                                                                             

  \(a\) Entering sterile area after                       Minimum civil penalty              
  failing to submit to screening --                                                          
  non-aggravated                                                                             

  \(b\) Entering sterile area after                       Moderate to maximum civil penalty  
  failing to submit to screening                                                             
  --aggravated                                                                               

  \(c\) Imparting or conveying false                      Maximum civil penalty              
  information concerning an attempt                                                          
  to do an act that would be a crime                                                         
  prohibited by \[§ 702 of the Civil                                                         
  Aviation Law\]                                                                             

  \(d\) Threatening overt act or                          Maximum civil penalty and/or       
  other intent to use or dangerously                      criminal referral                  
  display firearm,                                                                           
  incendiary/explosive, or other                                                             
  deadly or dangerous weapon                                                                 
  (including stun guns)                                                                      

  \(e\) Violation of \[§ 702 of the                       Criminal referral                  
  Civil Aviation Law\]                                                                       
  ---------------------------------------------------------------------------------------------

FAA Order 2150.3A, Appendix 4

[]{#_IMPLEMENTING_STANDARDS .anchor}\[This PAge Intentionally Left
Blank\]