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Contents  

Part I PRELIMINARY

Part II REGISTRATION AND MARKING OF AIRCRAFT

Part III AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

Part IV AIRCRAFT CREW AND LICENSING

Part V OPERATION OF AIRCRAFT

Part VI AIRCRAFT NOISE

Part VII FATIGUE OF CREW

Part VIIA EXHIBITIONS OF FLYING

Part VIII DOCUMENTS AND RECORDS

Part IX CONTROL OF AIR TRAFFIC

Part X AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Part XI GENERAL

FIRST SCHEDULE

SECOND SCHEDULE A, B and C Conditions

THIRD SCHEDULE Categories of Aircraft

FOURTH SCHEDULE Maintenance Engineers: Privileges of Licences

FIFTH SCHEDULE Aircraft Equipment

SIXTH SCHEDULE Radio Equipment to be Carried in Aircraft

SEVENTH SCHEDULE Aircraft, Engine and Propeller Log Books

EIGHTH SCHEDULE Flight Crew of Aircraft: Licences and Ratings

NINTH SCHEDULE Public Transport — Operational Requirements

TENTH  SCHEDULE Documents to be Carried by Aircraft Registered in Singapore

ELEVENTH  SCHEDULE Rules of the Air and Air Traffic Control

TWELFTH  SCHEDULE Fees

THIRTEENTH  SCHEDULE Penalties

FOURTEENTH  SCHEDULE Medical Requirements

FIFTEENTH  SCHEDULE

SIXTEENTH  SCHEDULE Minimum Navigation Performance Specifications — Specified Airspace and Navigation Performance Capability

Legislative History

 
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PART XI
GENERAL
Power to prevent aircraft flying
73.
—(1)  If it appears to the Minister or an authorised person that any aircraft is intended or likely to be flown —
(a)
in such circumstances that any provision of paragraph 3, 5, 6, 18, 19, 28, 37, 41 or 87 would be contravened in relation to the flight;
[S 423/2010 wef 02/08/2010]
(b)
in such circumstances that the flight would be in contravention of any other provision of this Order or any regulations made thereunder and be a cause of danger to any person or property whether or not in the aircraft; or
(c)
while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order or of any regulations made thereunder,
the Minister or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Minister or by an authorised person, and the Minister or that authorised person may take such steps as are necessary to detain the aircraft.
(2)  For the purposes of sub-paragraph (1), the Minister or any authorised person may enter upon and inspect any aircraft.
[S 423/2010 wef 02/08/2010]
Approval of persons to furnish reports
73A.  In relation to any of its functions pursuant to any of the provisions of this Order, the chief executive officer may, either absolutely or subject to such conditions as he thinks fit, approve a person as qualified to furnish reports to him and may accept such reports.
[S 278/2010 wef 15/05/2010]
[S 61/93 wef 19/03/1993]
Right of access to aerodromes and other places
74.  The Minister and any authorised person shall have the right of access at all reasonable times —
(a)
to any aerodrome, for the purpose of inspecting the aerodrome; or
(b)
to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order; and
(c)
to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order.
Obstruction of persons
75.  A person shall not wilfully obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Enforcement of directions
76.  Any person who fails to comply with any direction given to him by the Minister or by any authorised person under any provision of this Order or any regulations made or requirements notified thereunder shall be deemed for the purposes of this Order to have contravened that provision.
Fees
77.
—(1)  The provisions of the Twelfth Schedule shall have effect with respect to the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including an application for, or the issue of a copy of, any such document), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, this Order or any regulations made thereunder.
(2)  Upon an application being made in connection with which any fee is chargeable in accordance with sub-paragraph (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable. If after such payment has been made, this application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Minister may in his discretion, refund all or part of such payment.
[S 331/2005 wef 02/06/2005]
[S 278/2010 wef 15/05/2010]
Exercise of powers, etc., of the Minister outside Singapore
78.  In so far as the exercise of any power or the performance of any duty of the Minister under this Order may be required outside Singapore in any country where there is no representative of the Minister competent to exercise such power or to perform such duty the Minister may authorise in writing any person appearing to him to be qualified to do so or the holder for the time being of any office, to exercise such power or to perform such duty.
Regulations by the Minister
79.  The Minister may make regulations for prescribing anything which under this Order is to be prescribed; and the expression “prescribe” shall be construed accordingly .
[S 278/2010 wef 15/05/2010]
Penalties
80.
—(1)  If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof, if the operator or, as the case may be, the commander is not the person who contravened that provision shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this paragraph to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
[S 423/2010 wef 02/08/2010]
(2)  If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.
(3)  Where a person is charged with contravening a provision of this Order or any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.
(4)  If any person contravenes any provision of this Order, or of any regulations made thereunder, not being a provision referred to in sub-paragraph (5) or (6) he shall be liable on conviction to a fine not exceeding may grant or in the case of a second or subsequent conviction for the like offence to a fine not exceeding $1000.
[S 299/2009 wef 30/06/2009]
[S 180/92 wef 01/05/1992]
(5)  If any person contravenes any provision specified in Part A of the Thirteenth Schedule he shall be liable on conviction to a fine not exceeding $1000 or in the case of a second or subsequent conviction for the like offence to a fine of $2,000 or to imprisonment for a term not exceeding 3 months or to both.
[S 180/92 wef 01/05/1992]
(6)  If any person contravenes any provision specified in Part B of the Thirteenth Schedule he shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term of one year or to both.
[S 180/92 wef 01/05/1992]
Extraterritorial effect of this Order
81.  Except where the context otherwise requires, the provisions of this Order —
(a)
in so far as they apply (whether by express reference or otherwise) to Singapore aircraft, shall apply to such aircraft wherever they may be;
(b)
in so far as they apply as aforesaid to other aircraft shall apply to such aircraft when they are within Singapore;
(c)
in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any Singapore aircraft, shall apply to such persons and crew, wherever they may be; and
(d)
in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any Singapore aircraft by other persons shall apply to them wherever they may be.
Application of this Order to Singapore controlled aircraft not registered in Singapore
82.  The Minister may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in Singapore included references to the aircraft specified in the direction, being an aircraft not so registered but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Singapore.
[S 278/2010 wef 15/05/2010]
Application of this Order to the Government and visiting forces, etc.
83.
—(1)  The provisions of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Government, not being military aircraft, as they apply to or in relation to other aircraft which are registered in Singapore or are capable of being so registered and for the purposes of such application the department or other authority for the time being responsible on behalf of the Government for the management of the aircraft shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft:
Provided that nothing in this paragraph shall render liable to any penalty any department or other authority responsible on behalf of the Government for the management of any aircraft.
(2)  Except as otherwise expressly provided the naval, military and airforce authorities and members of any visiting force and property held or used for the purpose of such a force shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force formed part of the Armed Forces and for the time being serving there.
(3)  Except as otherwise provided by sub-paragraph (4), paragraph 55A(4), paragraph 55A(7), paragraph 62(1) and paragraph 70, nothing in this Order shall apply to or in relation to any military aircraft.
[S 278/2010 wef 15/05/2010]
[S 49/92 wef 01/02/1992]
(4)  Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of the Armed Forces or as a member of a visiting force, the provisions of paragraphs 45, 46, 47, 62 and 63 shall apply on the occasion of that flight.
Exemption from this Order
84.  The Minister may exempt from any of the provisions of this Order or any regulations made thereunder any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.
Saving
85.  Subject to paragraphs 67 and 68, nothing in this Order or the regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.
Small aircraft
86.  The provisions of this Order, other than paragraphs 2(1), 2(5), 46 and 64, shall not apply to or in relation to —
(a)
any balloon which at any stage of its flight is not more than two metres in any linear dimension including any basket or other equipment attached to the balloon;
(b)
any kite weighing not more than two kg; or
(c)
any other aircraft weighing not more than 7 kg without its fuel.
[S 61/93 wef 19/03/1993]
Issue of air operator’s certificates
87.
—(1)  A Singapore aircraft shall not fly on any flight for the purpose of public transport otherwise than under and in accordance with the terms of an air operator’s certificate granted to the operator of the aircraft under sub-paragraph (2) certifying that the holder of the certificate is competent to ensure that the aircraft operated by him on such flightsare operated safely.
[S 384/2000 wef 31/08/2000]
[S 299/2009 wef 30/06/2009]
(2)  The chief executive officer shall grant to a person an air operator’s certificate if he is satisfied that that person is competent having regard, in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the type specified in the certificate on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the chief executive officer thinks fit and shall remain in force for the period specified in the certificate.
Mandatory reporting
88.
—(1)  Subject to this paragraph, every person who —
(a)
is the operator or the commander of a public transport aircraft which is registered in Singapore;
(b)
carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof;
[S 331/2005 wef 02/06/2005]
(c)
signs a certificate of maintenance review and release to service in respect of such an aircraft, part or equipment; or
(d)
is the licensee of a licensed aerodrome, shall —
(i)
make a report to the chief executive officer of any reportable occurrence of which he knows and which is of such a description as may be prescribed; the report shall be made within such time, by such means, and shall contain such information as may be prescribed and it shall be presented in such form as the chief executive officer may in any particular case approve; and
(ii)
make a report to the chief executive officer, within such time, by such means, and containing such information as the chief executive officer may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the chief executive officer in accordance with this paragraph.
(2)  In this paragraph, “reportable occurrence” means —
(a)
any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger the aircraft, its occupants or any other person;
(b)
any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger such an aircraft or its occupants;
(c)
any incident relating to a violation of any regulation or procedures of any Contracting State in which such an aircraft operates:
[S 440/2003 wef 15/09/2003]
Provided that any accident notified to the chief executive officer under the Air Navigation (Investigation of Accidents) (Civil Aviation) Regulations shall not constitute a reportable occurrence for purposes of this paragraph.
[Rg 3.]
(3)  Subject to sub-paragraph (1)(ii), nothing in this paragraph shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the chief executive officer in accordance with this paragraph.
[S 278/2010 wef 15/05/2010]
(4)  A person shall not make any report under this paragraph if he knows or has reason to believe that the report is false in any particular.
(5)  Without prejudice to paragraph 37(2) and subject to paragraph 59, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this paragraph, preserve any data from a flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the chief executive officer or for such longer period as the chief executive officer may in a particular case direct:
Provided that the record may be erased if the aircraft is outside Singapore and it is not reasonably practicable to preserve the record until the aircraft reaches Singapore.
[S 384/2000 wef 31/08/2000]
[S 278/2010 wef 15/05/2010]
[S 729/2010 wef 01/12/2010]
Saving and transitional
89.
—(1)  This Order shall apply to or in relation to any certificate, licence, approval, permission, exemption, authority, direction, log book, record or other document issued, granted or made under the Air Navigation Order 1973, revoked by this Order, as it applies to a certificate, licence, approval, permission, exemption, authority, direction, log book, record or other document issued, granted or made under this Order.
[S 263/73]
(2)  Any certificate, licence, approval, permission, exemption or other document issued or granted under the Air Navigation Order 1973, revoked by this Order, in force on 1st July 1985 shall, subject to paragraph 60, remain in force and shall have effect for the purposes of this Order as if it had been granted under the corresponding provisions thereof:
Provided that any such document which is expressed to remain in force for a definite period shall remain in force, unless renewed, only until the expiration of that period.
(3)  Any reference in any document to “certificate of compliance” and “certificate of maintenance” shall be construed as reference to “certificate of release to service” and “certificate of maintenance review”, respectively.
(4)  Any certificate of maintenance issued immediately before 1st January 1989 shall continue to be in force until the date of expiry of that certificate.
(5)  Any certificate of compliance issued immediately before 1st January 1989 shall continue to be in force until it is replaced by a certificate of release to service duly issued in accordance with the provisions of this Order.