TONGA

CIVIL AVIATION ACT 1990

CIVIL AVIATION REGULATIONS 1992

No. 9, 1992
________

In exercise of the powers conferred by Section 7 of the Civil Aviation Act, The Minister of Civil Aviation with the approval of Cabinet has made the following Regulations:

Short Title

1. These Regulations may be cited as the Civil Aviation Regulations 1992.

Interpretation

2. In these Regulations, unless the context otherwise requires -

"aerial work" means any purpose, other than public transport, for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

"aerial work aircraft" means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

"aerial work undertaking" means an undertaking whose business includes the performance of aerial work;

"aerobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, or an abnormal attitude, or an abnormal variation in speed;

"aerodrome" means an area of land or water (including any buildings, installations and equipment) -

(a) established as an aerodrome under the Act; or 

(b) the use of which as an aerodrome in authorized -

(i) by a license granted under Regulation 126; or

(ii) by the Minister under Regulation 127, being such an area intended for use either wholly or in part for the arrival, departure or movement of aircraft;

"aeronautical information publication" means the publication published under Regulation 116;

"aeronautical light" means any light established for the purpose of aiding air navigation;

"aeronautical station" means a land radio station in the aeronautical mobile service established for the purpose of assisting aircraft, or a radio station placed on board a ship or an earth satellite;

"aeroplane" means 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;

"aircraft" means any machine which can derive support in the atmosphere from reactions in the air but does not include projectiles or rockets;

"airport" means any aerodrome;

"airport operating minima" in relation to the operation of an aircraft at an airport means the cloud ceiling and visibility for take-off, and the decision height, visibility and visual references for landing, specified by the operator in, or ascertainable by reference to, the operations manual as being the minima for the operation of that aircraft at that airport;

"airport reference point" means the designated geographical location of the airport notified by the Minister, being a point fixed as near as possible to its geometric centre;

"airport traffic" means all traffic on the manoeuvring area of an airport and all aircraft flying in, or entering or leaving an airport traffic zone or traffic circuit;

"airport traffic control service" means an air traffic control service for airport traffic;

"airport traffic zone" means the airspace notified by the Minister around an airport for the protection of airport traffic and, unless otherwise specified, includes the airspace within a horizontal radius of 8 Kilometres from the airport reference point and extending from the surface to 3,000 feet above the elevation of the airport;

"air traffic" means all aircraft, in flight or operating on the manoeuvring area of an airport;

"air traffic control clearance" or "clearance" means authorization by an air traffic control unit for an aircraft to proceed under conditions specified by that unit, and "clearance" prefixed by the words "taxi", "take off", "en-route", "approach" or "landing" shall be construed accordingly;

"Air Traffic Control Service" means the services established under Regulation 115 and "air traffic control service" describes the functions of the aforesaid Service specified in the aforesaid Regulation; 

"air traffic control unit" or "ATC unit" means an area control centre, approach control office or airport control tower;

"air traffic service" or "ATS" includes flight information service, alerting service, air traffic control service, area control service, approach control service or airport traffic control service;

"air traffic service route" or "ATS route" means a route which has been notified as such by the Minister for channelling the flow of traffic as is necessary for the provision of air traffic services;

"air traffic services reporting office" means a unit notified by the Minister for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

"air traffic services unit" or "ATS Unit" means an air traffic control unit, flight information centre or air traffic services reporting office;

"air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;

"airway" means a control area or portion thereof which has been notified as such by the Minister, forming a corridor and equipped with radio navigational aids;

"alerting service" means a service for disseminating information regarding aircraft in need of search and rescue aid and providing assistance in relation thereto;

"alternate airport" means an airport specified in the flight plan of an aircraft to which the aircraft may proceed when it becomes inadvisable to land at the airport of intended landing;

"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

"approach control office" means a unit which provides air traffic control service to controlled flights arriving at, or departing from, one or more airports;

"approach control service" means air traffic control service for arriving or departing controlled flights;

"apron" means the part of a land airport, provided for the accommodation of aircraft for purposes of loading or unloading passengers, mail or cargo, refuelling, parking or maintenance;

"appropriate air traffic services unit" means in relation to an aircraft the air traffic services unit serving the area in which the aircraft is for the time being;

"area control centre" or "ACC" means a unit which provides air traffic control service to controlled flights in control areas which it serves;

"area control service" means air traffic control service for controlled flights in control areas;

"authorised person" means any person authorised in writing by the Minister to exercise any of the functions of an authorised person under these regulations and different persons may be so authorised for the exercise of different functions;

"cargo" includes mail and animals;

"ceiling" in relation to weather means the height above the ground or water of the base of the lowest layer of cloud below 20,000 feet covering more than one half of the sky;

"change-over point" means the point at which an aircraft navigating on a segment of an ATS route which is defined by reference to very high frequency omnidirectional radio range is required to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft being the point which provides the optimum balance in respect of signal strength and quality between facilities at all levels to be used, and ensures a common source of azimuth guidance for all aircraft operating along the same segment of an ATS route;

"Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7 December, 1944 and includes any amendment of the Convention made in accordance with provisions of the Convention;

"competent authority" means in relation to the Kingdom of Tonga, the Minister, and in relation to any other country the authority responsible under the law of that country for promoting civil aviation;

"congested area" in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

"Contracting State" means any State (including Tonga) which is a party to the Chicago Convention,

"control area" means airspace which has been notified as such by the Minister and which extends upwards from a specified limit above the earth;

"controlled airport" means an airport at which air traffic control service is provided to airport traffic;

"controlled airspace" means airspace comprising control areas and control zones within which air traffic control services are provided to controlled flights;

"controlled airspace (Instrument Restricted)" means controlled airspace within which only IFR flights are permitted;

"controlled airspace (Visual Exempted)" means controlled airspace within which both IFR and VFR flights are permitted, but within which VFR flights are not subject to control;

"controlled flight" means a flight in respect of which air traffic control service is provided;

"controlled VFR flight" means a controlled flight conducted in accordance with the Visual Flight Rules;

"control zone" means airspace which has been notified as such by the Minister and which extend upwards from the surface of the earth to a specified altitude;

"co-pilot" in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

"crew" means the persons employed or engaged in an aircraft in flight on the business of the aircraft;

"cruising level" means a level maintained by an aircraft during a significant portion of a flight;

"danger area" means airspace of defined dimensions notified by the Minister as a danger area, being air space within which activities dangerous to the flight of aircraft may exist;

"decision height" in relation to the operation of an aircraft at any airport means the minimum height specified by the operator in, or ascertainable by reference to the operations manual as being the minimum height to which an approach to landing can safely be made by that aircraft at that airport without visual reference to the ground;

"duty" in relation to any member of the crew of an aircraft means the undertaking on behalf of the operator of the aircraft, of any flight thereon (whether as passenger or crew) or of any function (whether or not in flight) on or in connection therewith;

"duty period", in relation to any member of the crew to an aircraft means any continuous period commencing from the time when that person reports at any place in order to carry out a duty and ending at such time as that duty has been completed so, however, that duty periods separated by intervals of less than 10 hours shall be treated as constituting a single continuous duty period;

"elevation" means the vertical distance of a point or a level, on or affixed to the surface of the earth measured from mean sea level;

"flight" and "to fly" have the meanings respectively assigned to them in Regulation 24 (2);

"flight crew member" means a member of the crew of an aircraft undertaking the duties of pilot, flight navigator, flight engineer or flight radio operator;

"flight information centre" means an ATS unit which provides flight information service and alerting service;

"flight information service" means a service which provides advice and information useful for the safe and efficient conduct of flights;

"flight level" or "FL" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013. 2 milibars, and is separated from other such surfaces by specific pressure intervals;

"flight plan" means specific information communicated to an air traffic services unit, relative to an intended flight or portion of a flight of an aircraft;

"flight simulator" means aparatus by means of which flight conditions in an aircraft are simulated on the ground;

"flight time", in relation to any member of the crew of an aircraft means all time spent by that member in an aircraft, whether or not registered in Tonga (other than an aircraft of which the maximum total weight authorised does not exceed 1600 kg, and which is not flying for the purpose of public transport or aerial work) while it is in flight and he is carried therein as a member of the crew thereof;

"flight visibility" means the visibility forward from the cockpit of an aircraft in flight;

"foreign aircraft" means any aircraft registered under the laws of a country other than Tonga;

"glider" or "hang-glider" means a non-power-driven heavier-than-air aircraft which derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

"Government airport" means any aerodrome established under the Act;

"ground visibility" means the visibility at an airport as reported by an authorised person;

"heading" means the direction in which the longitudinal axis of an aircraft is pointed expressed in degrees and measured clockwise from North (true, magnetic, compass);

"height" means the vertical distance of a level, a point, or an object considered as a point, measured from a specified datum, or when used in relation to an object, its vertical dimension;

"Instrument Flight Rules" or "IFR" means the requirements for instrument flight contained in Regulations 111 to 114;

"IFR flight" means a flight conducted in accordance with the Instrument Flight Rules;

"instrument approach procedure" means a series of predetermined manoeuvres for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing, or to a point from which a landing may be made visually;

"Instrument Meteorological Conditions" or "IMC" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for Visual Meteorological Conditions;

"landing area" means that part of a movement area of an airport intended for the landing or take-off of aircraft;

"level" in relation to the vertical position of an aircraft in flight means, height, altitude or flight level;

"licensed airport" means an airport licensed under these Regulations;

"Lifejacket" includes any device designed to support a person individually in or on the water;

"lighter-than-air aircraft" means any aircraft supported chiefly by its buoyancy in the air;

"manoeuvring area" means that part of an airport to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing, excluding aprons;

"maximum total weight authorised" in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take-off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

"military aircraft" includes the naval, military and air force aircraft of any country, any aircraft of the Tonga Defence Services and any aircraft in respect of which there is in force a certificate by the Minister that aircraft is to be treated for the purposes of these Regulations as a military aircraft;

"movement area" means that part of an airport to be used for take-off and landing of aircraft and for the surface movement of aircraft;

"nautical mile" means the International Nautical Mile that is to say a distance of 1852 metres;

"night" means the time between 15 minutes after sunset and 15 minutes before sunrise, sunset and sunrise being determined at the surface;

"notified" means shown in any of the following publications issued by the Minister, whether before or after the coming into force of these Regulations, that is to say, "NOTAMs" (notices to Airmen), Information Circulars, Aeronautical Information Publications or any other official publication issued for the purpose of enabling any of the provisions of these Regulations to be compiled with; 

"operations manual" in relation to an aircraft, means the operations manual referred to in Regulation 44;

"operator" has the meaning assigned to it in Regulation 24 (3);

"pilot in command" in relation to an aircraft means the pilot responsible for the operation and safety of the aircraft during flight time;

"pressurised aircraft" means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

"prohibited area" means an airspace of specified dimensions above Tonga notified by the Minister as an area within which the flight of aircraft is prohibited;

"public transport" has the meaning assigned to it in Regulation 24(4);

"public transport aircraft" means an aircraft flying, or intended by operator of the aircraft to fly, for the purpose of public transport;

"registered owner" means the person in whose name an aircraft is registered under Regulation 5, or in the case of an aircraft registered in a country other than Tonga under the law of that country;

"replacement" in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

"reporting point" means a specified geographical location notified by the Minister as a location in relation to which the position of an aircraft can be reported;

"rest period" in relation to any member of the crew of an aircraft, means any continuous period during which he does not carry out any duty in relation to an aircraft;

"restricted area" means an airspace of specified dimensions, above Tonga notified by the Minister as air space within which the flight of aircraft is restricted in accordance with conditions so notified;

"rules of the Air" means the Rules contained in Part VI of these Regulations;

"runway" means a prepared area at a land airport provided for the landing and take-off of aircraft;

"scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;

"special VFR flight" means a controlled VFR flight authorised by an air traffic control service to operate within a control zone under meteorological conditions below the Visual Meteorological Conditions;

''taxiway" means an area within a land airport which is provided for the taxiing of aircraft;

"terminal control area" means a control area notified by the Minister as a terminal control area in relation to one or more airports;

"The Act" means The Civil Aviation Act 1990;

"To land" in relation to an aircraft includes alighting on water,

"Tongan Aircraft" means any aircraft registered under these Regulations;

"track" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any given point is expressed in degrees measured clockwise from North (true or magnetic);

"transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

"VFR flight" means a flight conducted in accordance with the Visual Flight Rules;

"visibility" means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night;

"Visual Flight Rules" means the requirements for visual flight contained in Regulations 104 to 109;

"Visual Meteorological Conditions" or "VMC" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling equal to or better than the specified minima.

PART I
REGISTRATION AND MARKINGS OF AIRCRAFT

Nationality of Aircraft

3. (1) An aircraft registered under this part has Tongan nationality.

(2) A foreign aircraft has the nationality of the state in which it is registered.

Aircraft to be Registered

4. (1) An aircraft shall not be flown in or over Tonga unless it is registered in-

(a) A contracting State; or

(b) some other country in relation to which there is in force an agreement between the Government of Tonga and the Government of that Country which make provision for the flight over Tonga of aircraft registered in that country;

Provided that

(i) an unregistered aircraft may be flown within Tonga with the special permission in writing of the Minister subject to any conditions which may be specified in such permission;

(ii) a glider while it is not engaged in public transport or aerial work may be flown within Tonga without being registered;

(iii) the provisions of this regulation shall not apply to any kite or captive balloon.

(2) If an aircraft flies over Tonga in contravention of paragraph (1) of this regulation in such manner or circumstances that if the aircraft had been registered in Tonga an offence against these Regulations would have been committed the like offence shall be deemed to have been committed in respect of that aircraft.

Certificate of Registration

5. (1) The Minister shall be responsible for the registration of aircraft and the grant of registration in Tonga.

(2) Subject to the provisions of this regulation an aircraft may be registered in Tonga if the owner of a legal or beneficial interest or share therein is-

(a) a citizen of Tonga; or

(b) a body incorporated in Tonga; or

(c) a person resident in or carrying on business in Tonga who is not a citizen of Tonga; or

(d) a body incorporated elsewhere than in Tonga and carrying on business in Tonga

Provided that in the case of persons referred to in sub-paragraphs (c) and (d), no aircraft shall be registered in Tonga except with the prior approval of the Minister granted with the consent of the Cabinet.

(3) No aircraft in respect of which the conditions required in paragraph (2) are not satisfied, or which is already validly registered in another country, shall be registered in Tonga.

(4) If an aircraft is chartered by demise to a person qualified under paragraph (2), the Minister may register the aircraft in Tonga in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Regulation the aircraft may remain so registered during the continuation of the charter.

(5) The Minister may decline to register an aircraft in Tonga, if it appears to be inexpedient in the public interest that the aircraft should be so registered.

(6) The registration of a Tongan aircraft may be cancelled at any time by the Minister on his being satisfied that the ownership of the aircraft is not as shown in the register or that such registration is not in conformity with the provisions of this regulation, or that the aircraft could more suitably be registered in some other country or that it is inexpedient in the public interest that the aircraft should remain registered in Tonga.

Application for Registration

6. An application for the registration of an aircraft in Tonga shall be made in writing to the Minister and shall be accompanied by such particulars and evidence relating to the aircraft and its ownership and chartering thereof as may be required by the Minister.

Register of Aircraft

7. (1) Upon the registration of an aircraft the Minister shall furnish a certificate of registration to the person in whose name the aircraft has been registered and shall enter in the register the following particulars-

(a) the number of the certificate;

(b) the Nationality mark of the aircraft, and the registration mark assigned to it by the Minister;

(c) the name of the manufacturer of the aircraft and its designation;

(d) the serial number of the aircraft;

(e) (i) the name and address of every person who is the owner of the aircraft; and

(ii) in the case of an aircraft which is the subject of a charter by demise, the name of the charterer.

(2) The register of aircraft registered in Tonga shall be open for inspection by members of the public at such times and subject to such conditions as may be specified by the Minister.

Change of Ownership or Possession

8. (1) The registered owner of a Tongan aircraft shall not transfer, bail, charter or otherwise dispose of the aircraft to any person for operations other than in or based upon Tonga without the prior approval of the Minister granted with the consent of the Cabinet.

(2) In the event of any change in the ownership of a Tongan aircraft:

(a) the registered owner of the aircraft shall forthwith notify the Minister in writing of such change of ownership;

(b) any person who becomes the owner of such aircraft (hereinafter referred to as the new owner) shall forthwith inform the Minister in writing of the fact of his ownership of the aircraft and may make an application for a certificate of registration. Until such application is made and the certificate of registration is furnished to the new owner, it shall not be lawful for any person to fly such aircraft except in accordance with and subject to the permission in writing of the Minister;

(c) the registration and the certificate thereof shall remain valid until such registration and certificate have been cancelled by the Minister.

Aircraft Destroyed or Withdrawn from Use

9. When a Tongan aircraft has been destroyed or permanently withdrawn from use, the registered owner of the aircraft, or if he is dead his personal representative, or if being a body corporate it is dissolved its successor in title, shall as soon as possible notify the Minister accordingly, and the registration shall not lapse unless and until it is cancelled by the Minister.

Nationality and Registration Marks

10. (1) Every aircraft registered in Tonga shall bear the mark A3 so styled as nationality mark and a group of three capital letters in Roman character assigned by the Minister as registration mark. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark. The letters shall always be kept clean and visible.

(2) The nationality and the registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree or permanence.

(3) The nationality and registration marks shall also be inscribed together with the name and address of the registered owner of the aircraft, on a fireproof metal plate affixed in a prominent position to the fuselage or, in the case of a balloon, to the car or basket, and near the main entrance to the aircraft.

Position and Size of Nationality and Registration Marks

11. (1) Subject to the provisions of paragraphs (2) and (3) of this regulation, the nationality and registration marks of aircraft registered in Tonga shall be placed in the position and shall be of the size specified hereunder:-

1. Position of marks

(a) Heavier-than-air aircraft -

(i) Wings - The marks shall appear once on the wing structure. They shall be located on the left half of the lower surface of the wing structure unless they extend across the whole of the lower surface of the wing structure. So far as is possible, the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing.

(ii) Fuselage (or equivalent structure) and vertical tail surfaces -

The marks shall appear either on each side of the fuselage (or equivalent structure) between the wings and the tail surfaces, or on the upper halves of the verticle tail surfaces. When there is a single vertical tail surface, they shall appear on both sides. When there is more than one vertical tail surface they shall appear on the outboard sides of the outer surfaces.

(b) Lighter-than-air aircraft -

(i) Airships: The marks shall appear on each side of the airship and also on the upper surface on the line of symmetry. They shall be placed length wise near the maximum cross-section of the airship.

(ii) Spherical balloons: The marks shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference of the balloons.

(iii) Non-spherical balloons: The marks shall appear on each side. They shall be located near the maximum cross-section of the balloons immediately above either the rigging bane or the points of attachment of the basket suspension cables.

(iv) All airships and balloons: The side marks shall be so placed as to be visible both from the sides and from the ground.

2. Size of marks

(a) Heavier-that-air aircraft -

(i) Wings: The height of the marks on the wings of heavier-than-air aircraft shall be at least 50 centimetres (20 inches).

(ii) Fuselage (or equivalent structure) and vertical tail surface. The height of the marks on the fuselage (or equivalent structure and on the vertical tail surfaces) of heavier-than-air aircraft shall be at least 30 centimetres (12 inches).

The letters constituting each group of marks shall be of equal height.

(b) Lighter-than-air- aircraft -

The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least 50 centimetres (20 inches).

(2) In case where the constructional features of the aircraft do not permit compliance with any of the provisions of paragraph (1) of this regulation, the nationality and registration marks shall be affixed to the aircraft in such manner, and the letters constituting the marks shall be of such height, as may be approved by the Minister.

(3) The general specifications of marks shall be as follows -

(a) the width of each letter (except of the letter I) and the length of the hyphen between the nationality mark and registration marks shall be two-thirds of the height of a letter;

(b) the letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting throughout with the background on which they appear. The thickness of the lines shall be one-sixth of the height of a letter;

(c) as nearly as the constructional features of the aircraft permit, each letter shall be separated from the letter which immediately precedes or follows it by a space of not less than one quarter of the width of the individual letter. A hyphen shall be regarded as a letter for this purpose.

(4) The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft.

Use of Nationality and Registration Marks

12. (1) An aircraft (other than an aircraft permitted by or under these Regulations to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the state in which it is registered, the nationality and registration marks required by that law.

(2) An aircraft shall not bear on the exterior of any part thereof any advertisement or any sign or letters except those required by or permitted under these Regulations or the law of the country in which it is registered:

Provided that the name of an aircraft and the name of the owner thereof may be displayed on the aircraft if the location, size, shape and colour of the letters and signs do not interfere with easy recognition of, and are not capable of confusion with, the nationality and registration marks of the aircraft.

(3) An aircraft, other than a military aircraft, shall not bear any mark or sign prescribed for use by a military aircraft.

(4) An aircraft may display the national flag or colours of the country in which it is registered or the civil air ensign established by that country in such a manner that there is no confusion with the markings used by military aircraft.

(5) An aircraft shall not bear any marks which purport to indicate that the aircraft is registered in a country in which it is not registered.

PART II
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

Certificate of Airworthiness

13. (1) An aircraft shall not be flown unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:

Provided that the foregoing prohibition shall not apply to flights within Tonga of -

(a) a glider, if it is not being used for public transport or aerial work;

(b) a balloon, if it is not being used for public transport;

(c) a kite;

(d) an aircraft flying in accordance with a permit to fly issued by the Minister in respect of that aircraft;

(e) an aircraft flying with a valid certificate of fitness issued in accordance with the requirements of Regulation 15.

(2) In the case of a Tongan aircraft the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with the provisions of Regulation 14.

Issue and Renewal of Certificate or Airworthiness

14. (1) The registered owner or operator of an aircraft may apply to the Minister for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued in another country in respect of the aircraft.

(2) The Minister may issue, subject to such conditions as he thinks fit, a certificate of airworthiness in respect of an aircraft if he is satisfied that the aircraft is airworthy having regard to-

(a) the design, construction, workmanship and material of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and

(b) the results of flying and such other tests of the aircraft as he may require.

(3) The Minister may subject to such conditions as he thinks fit, issue a certificate of validation rendering valid a certificate of airworthiness issued in respect of an aircraft under the law of any country other than Tonga.

(4) Subject to the provisions of these Regulations, a certificate of airworthiness or validation issued under this regulation shall remain in force for such period as may be specified in the certificate and may be renewed from time to time by the Minister for such further period as he thinks fit.

(5) Every certificate of airworthiness shall state the category or categories specified below as may, in the opinion of the Minister, be appropriate to the aircraft, and the certificate shall be issued subject to the condition that the aircraft shall be operated for the purposes indicated in relation thereto:-

Category	Purpose
	
Transport Category 
(Passenger)
	- Any purpose	
Transport Category
(Cargo)
	- Any purpose other than the public transport of passengers	
Aerial Work Category	- Aerial Work Only
	
Private Category	- Any purpose other than public transport or aerial work
	
Special Category	- Any purpose, other than public transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.	

(6) Where the certificate of airworthiness permits the aircraft to be flown for the purposes of public transport the certificate of airworthiness shall designate the performance group referred to in paragraphs (5) to (8) of Regulation 43 to which the aircraft belongs.

(7) No person shall fly a Tongan aircraft for the purpose of public transport, the certificate of airworthiness of which does not designate it as being an aircraft in performance groups specified in paragraphs (5) to (8) of Regulation 43 except in accordance with the permit issued by the Minister and subject to the conditions specified therein.

(8) Without prejudice to any other provision of these Regulations the Minister may, for the purpose of this regulation, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.

(9) The certificate of airworthiness or certificate of validation in respect of any aircraft issued or rendered valid under this regulation shall cease to be in force-

(a) if the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or replaced otherwise than in a manner and with material of a type approved by the Minister either generally or in relation to a class of aircraft or to the particular aircraft; or

(b) until the completion of any inspection of the aircraft or of any of such equipment, being an inspection required by the Minister to be made for the purpose of ascertaining whether the aircraft remains airworthy; or

(c) until the completion to the satisfaction of the Minister of any modification of the aircraft of any such equipment as aforesaid, being a modification required by the Minister for the purpose of ensuring that the aircraft remains airworthy.

Certificates or Fitness for Flight

15. (1) A Tongan aircraft for which a certificate of airworthiness or validation has previously been in force under these Regulations or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force may be certified as fit for flight only for the purpose of enabling it, subject to the provisions of this regulation, to -

(a) complete test flights in order to qualify for the issue or renewal of a certificate of airworthiness or certificate of validation or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval as the case may be; or

(b) proceed to or from a place at which any inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in sub-paragraph (a), after such an application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or

(c) proceed to or from a place at which the aircraft is to be or has been stored.

(2) A certificate of fitness for flight may be issued in respect of an aircraft for the purpose of this regulation by the holder of an aircraft maintenance engineer's licence granted under these regulations, being a licence which entitles him to issue such certificates in relation to an aircraft of that description or by a person approved by the Minister for the purpose of issuing certificates in respect of aircraft of that description under these Regulations and in accordance with that approval.

(3) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation which has previously been in force under these Regulations in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.

(4) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (1).

(5) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off from or land at an airport in accordance with normal aviation practice.

Certificate of Maintenance - Public Transport and Aerial Work Aircraft

16. (1) A Tongan aircraft shall not fly for the purpose of public transport or for aerial work unless:-

(a) The aircraft, including its engines, together with its equipment and radio station, is maintained in accordance with maintenance schedules approved by the Minister in relation to that aircraft;

(b) there are in force in respect of that aircraft certificates of maintenance issued in accordance with the provisions of this regulation certifying that maintenance has been carried out in accordance with such maintenance schedules:

Provided that an aircraft may, notwithstanding that provisions of sub-paragraphs (a) and (b) have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in aircraft.

(2) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time or flying time, which ever may be earlier, as specified in the relevant maintenance schedule, and the period of validity of the certificate shall be recorded in the certificate at the time of its issue.

(3) A certificate of maintenance may be issued for the purposes of this regulation only by:-

(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer, being a licence which entitles him to issue that certificate; or

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

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

(d) a person approved by the Minister as being competent to issue such certificates, and in accordance with that approval:

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

(4) Every certificate of maintenance shall be issued in duplicate. One of the duplicates shall, during the validity of the certificate, by carried in the aircraft if required by Regulation 33 (1) and the other shall be kept by the operator.

(5) On the termination of every flight by a Tongan aircraft for the purposes specified in paragraph (1), the pilot in command of the aircraft shall enter in a technical log particulars of:-

(a) the times at which that flight began and ended; and

(b) any defect in any part of the aircraft or its equipment which is known to him, being a part to which a maintenance schedule relates, or if no such defect is known to him, an entry to that effect;

and he shall sign and date such entries:

Provided that, in the case of a number of consecutive flights beginning and ending on the same day at the same airport and with the same person as pilot in command of the aircraft, the pilot in command may, exept where he becomes aware of defect during an earlier flight, enter the particulars as aforesaid in a technical log at the end of the last of such flights.

(6) Upon the rectification of any defect which has been entered in a technical log in accordance with the provisions of paragraph (5) a copy of the certificate of compliance required by Regulation 17 (1) in respect of the work done for the rectification of the defect shall be entered in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates.

(7) The technical log referred to in paragraphs (5) and (6) shall be carried in the aircraft if required by Regulation 33 (1) and the copies of the entries referred to in those paragraphs shall be kept by the operator.

(8) Subject to the provisions of Regulation 122 every certificate of maintenance shall be preserved by the operator of the aircraft for a period of two years following the expiration of the period of validity of the certificate and for such further periods as the Minister may require in any particular case.

Inspection, Overhaul, Repair, Replacement and Modification

17. (1) A Tongan aircraft in respect of which a certificate of airworthiness issued or rendered valid under these regulations is in force shall not fly if any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced or modified, or as been inspected as provided in Regulation 14 (9) (b), unless there is in force a certificate of compliance issued in accordance with this regulation relating to such overhaul, repair, replacement modification or inspection, as the case may be:

Provided that-

(a) Unless the Minister gives direction to the contrary in the particular case nothing in this paragraph shall require a certificate of compliance to be in force in respect of an aircraft of which the maximum total weight authorised does not exceed 2,730 kg and in respect of which a certificate of airworthiness of the special category is in force;

(b) if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable -

(i) for the repair or replacement to be carried out in such a manner that a certificate of compliance can be issued under this regulation in respect thereof, or

(ii) for such a certificate to be issued while at that place, the aircraft may be flown to a place at which such a certificate can be issued, being the nearest place -

(i) to which the aircraft can, in the opinion of the pilot in command thereof, safely fly by a route for which it is properly equipped, and

(ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board,

and in such case the pilot in command of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Minister within ten days thereafter.

(2) Neither

(a) equipment provided in compliance with Table 1 of Regulation 23 (5) (except items listed in Regulation 23 (3)); nor

(b) radio equipment provided in compliance with the table in Regulation 23 (7) for use in public transport aircraft or in aircraft survival equipment carried therein, whether or not such equipment is provided in compliance with this regulation or any directions issued thereunder;

shall be installed, or placed on board for use, in a Tongan aircraft after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this regulation, relating to such overhaul, repair or modification, as the case may be.

(3) For the purpose of this regulation, "certificate of compliance" means a certificate that the part of the aircraft or its equipment has been overhauled, repaired, replaced or modified as the case may be, in a manner and with material of a type approved by the Minister either generally or in relation to a class of aircraft or the particular aircraft and which identifies the overhaul, repair, replacement or modification to which it relates and includes particulars of the work done, and in relation to an inspection required by the Minister that the inspection has been made in accordance with the requirements of the Minister and that any consequential repair or replacement has been carried out as aforesaid.

(4) A certificate of compliance may be issued for the purposes of this regulation only by -

(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer being a licence which entitles him to issue that certificate; or

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

(c) a person whom the Minister has authorised to issue the certificate in a particular case and in accordance with that authority; or

(d) a person approved by the Minister as being competent to issue such certificates, and in accordance with that approval; or

(e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes), a Senior Commercial Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under these Regulations.

(5) Subject to the provisions of Regulation 122 if the aircraft to which a certificate of compliance relates is a public transport aircraft or an aerial work aircraft, the certificate of compliance shall be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be. In the case of any other aircraft the certificate shall be preserved by the operator of the aircraft for a period of two years.

(6) In this regulation unless the context otherwise requires-

"certificate of airworthiness of the special category" means a certificate of airworthiness permitting an aircraft to fly for any purpose other than public transport specified in the certificate but not including the carrying of passengers unless expressly permitted; and

"repair" includes, in relation to a compass, the adjustment and compensation thereof, and the expression "repaired" shall be construed accordingly.

Exits and Break-in Markings - Public Transport Aircraft

18. (1) This regulation shall apply to every public transport aircraft registered in Tonga.

(2) Whenever an aircraft to which this regulation applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers:

Provided that – 

(a) an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Minister either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers;

(b) a door between the flight crew compartment and any adjacent Compartment to which passengers have access may be locked or bolted if the pilot in command of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment;

(c) nothing in this paragraph shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.

(3) Every exit from the aircraft being an exit intended to be used by passengers in normal circumstances shall be marked with the word "Exit" in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words "Emergency Exit″ in capital letters.

(4) (a) Every exit from the aircraft shall be marked with instructions in English and Tongan and with diagrams, to indicate the correct method of opening the exit.

(b) The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is capable of being opened from the outside of the aircraft, on or near the exterior surface,

(5) (a) Every aircraft to which this regulation applies, being an aircraft of which the maximum total weight authorised exceeds 3,600 kg, shall be marked upon the exterior surface of its fuselage with markings to show the break-in areas which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

(b) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 centimetres in length along its outer edge and 2.5 centimetres in width.

(c) The words "Cut Here in Emergency" shall be marked across the centre of each break-in area in capital letters.

(6) The markings required by this regulation shall:

(a) be painted, or affixed by other equally permanent means;

(b) red in colour and, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;

(c) be kept at all times clean and unobscured.

(7) If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced:

Provided that - 

(a) the number of passengers carried and the position of seats which they occupy is in accordance with arrangements approved by the Minister either in relation to the particular aircraft or to a class of aircraft; and

(b) in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words "Exit" or "Emergency Exit" are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the word "No Exit" in red capital letters.

Aircraft Weight Schedule

19. (1) Every aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Minister may require or approve in the case of that aircraft.

(2) The registered owner or operator of the aircraft, the weight and centre of gravity of which is determined in accordance with paragraph (1), shall prepare a weight schedule showing the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule and showing the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight.

(3) Subject to the provisions of Regulation 122 the weight schedule shall be preserved by the owner or the operator of the aircraft for a period of six months after the aircraft is weighed again for the purposes of this regulation and fresh weight schedule is prepared.

Aircraft Equipment - Tongan and Foreign Aircraft

20. An aircraft shall not fly unless it is so equipped with such instruments and equipment as to comply with the law of the country in which it is registered for an aircraft of that class or description, and to enable lights and markings to be displayed, and signals to be made and received in accordance with the provisions of these Regulations and any directions issued thereunder.

Aircraft Equipment - Tongan Aircraft

21. (1) In the case of Tongan aircraft, the equipment required to be provided shall be in accordance with Regulation 23. Such equipment, except as specified in Regulation 23 (3), shall be of a type approved by the Minister either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in the manner so approved.

(2) In any particular case the Minister may direct that a Tongan aircraft shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons in the aircraft.

(3) The equipment carried in compliance with this regulation shall be so installed or stowed, and kept stowed and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.

(4) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular in every public transport aircraft registered in Tonga there shall be - 

(a) provided individually for each passenger; or

(b) if the Minister so permits in writing, exhibited in a prominent position in every passenger compartment - 

a notice relevant to the aircraft in question containing pictorial - 

(i) instructions on the brace position to be adopted in the event of an emergency landing;

(ii) instructions on the method of use of the safety belts and safety harnesses as appropriate;

(iii) information as to where emergency exits are to be found and instructions as to how they are to be used;

(iv) information as to where the life-jackets, escape slides, life rafts and oxygen masks if required to be provided by paragraph (1) are to be found and instructions as to how they are to be used.

(5) all equipment installed or carried in an aircraft, whether or not in compliance with these regulations shall be so installed or stowed, and kept stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

(6) Without prejudice to paragraph (1) all specialised navigational equipment, other than radio apparatus, when carried in a Tongan aircraft whether or not in compliance with these Regulations, shall be of a type approved by the Minister either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in the manner so approved.

(7) The regulation shall not apply in relation to radio equipment except that specified in the table in Regulation 23 (7).

(8) The Minister may, if he is satisfied that circumstances so warrant, exempt an operator or aircraft from provision of equipment specified in Table 1 in Regulation 23 (5), subject to such conditions as he thinks fit.

Radio Equipment of Aircraft

22. (1) Without prejudice to Regulation 20, an aircraft shall not fly unless it is so equipped with radio apparatus as to comply with the law of the country in which it is registered and to enable communications to be made and received, and the aircraft to be navigated, in accordance with the provisions of these Regulations and any directions issued thereunder.

(2) Every Tongan aircraft shall carry radio equipment in accordance with the Table in Regulation 23 (7).

(3) In any particular case the Minister may direct that a Tongan aircraft shall carry such additional or special radio apparatus as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

(4) The radio apparatus provided in compliance with these Regulations shall always be maintained in serviceable condition.

(5) All radio apparatus installed in a Tongan aircraft whether or not in compliance with these Regulations or directions issued thereunder, shall be of a type approved by the Minister as suitable for the purpose for which it is to be used, and shall, be installed in a manner approved by the Minister. Neither the apparatus nor the manner in which it is installed shall be modified except with the approval of the Minister.

Equipment Tables

23. (1) Every Tongan aircraft of a description specified in the first column of Table 1 set out in paragraph (5) of this regulation shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purposes of this regulation the expression "adequate equipment" shall mean the scale of equipment respectively indicted in that Table:

Provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

(2) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether these Regulations are complied with in respect of that aircraft.

(3) The following items of equipment in Table 1 aforesaid shall not be required to be of a type approved by the Minister:

(a) The equipment referred to in Scale A (2).

(b) First aid equipment and handbook, referred to in Scale B.

(c) Time-pieces, referred to in Scale F.

(d) Torches, referred to in Scales G. H and J.

(e) Whistles, referred to in Scale H.

(f) Sea anchors, referred to in Scales I an J.

(g) Rocket signals, referred to in Scales I an J.

(h) Equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale I.

(i) Paddles, referred to in Scale J.

(j) Food and water, referred to in scale J.

(k) First Aid equipment, referred to in Scale J.

(l) Megaphones, referred to in Scale U.

(4) Where an aircraft is required by the certificate of airworthiness to carry two pilots the items of equipment specified in the Scales D, E and F set out in paragraph (6) of this regulation shall be installed in such manner that they are clearly visible to both the pilots from their seats; if not, such equipment shall be duplicated.

(5)	Tables 1		
			
Description of Aircraft	Circumstances of Flight	Scale of equipment Required	
			
Gliders (except hang-gliders)	(1) flying for purposes other than public transport or aerial work;

and	A

			
	(a) when flying by night	C, D and G (3) (b)	
			
	(b) when carrying out aerobatic manoeuvres	M	
			
	(2) flying for the purpose of public transport or aerial work;	A, B, D and F (1)	
			
	and when flying by night	C and G	
			
All other aircraft
	(1) flying for purposes other than public transport;

and	A	
			
	(a) when flying by night	C and D	
			
	(b) when flying under Instrument Flight Rules	V

		(i) outside controlled airspace	D	
			
		(ii) within controlled airspace	E with E (4) duplicated and F	
			
	(c) when carrying out acrobatic manoeuvres	M

	(2) flying for the purpose of public transport

and	A, B, D, F (1) and V

	(a) when flying by night	C, F, and G	
			
	(b) when flying under Instrument Flight Rules	E with E (4) duplicated and F	
			
	(c) when flying over water beyond gliding distance from land

(d) when flying over water:	H

		(i) in the case of an aeroplane classified in its certificate of airworthiness as being of performance group A or C when either more than 400 nautical miles or more than 90 minutes flying time from the nearest airport at which an emergency landing can be made	H and J

		(ii) in the case of all other aircraft when more than 30 minutes flying time from such an airport	H and J

	(e) on all flights which involve manoeuvres on water	H, I and J

	(f) when flying at a height of 10,000 feet or more above mean sea level	K

	(g) on flights when the weather reports of forecasts available at the airport at the time of departure indicate that conditions favouring ice formation are likely to be met	L

	(h) when carrying out aerobatic manoeuvres	M

	(i) on all flights on which the aircraft carries a flight crew of more than one person	N

	(j) on all flights for the purpose of the public transport of passengers	Q and U

	(k) on all flights by a pressurised aircraft	R

Turbine-jet aircraft having a maximum total weight authorised exceeding 5,700 kg or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg
Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg, first issued with a type certificate before 1st April 1971;	when flying for the purpose of public transport
	O

(a) which are operated by an air transport undertaking under a certificate of airworthiness of the Transport Category (Passenger) or the Transport Category (Cargo);

or	when flying on any flight
	P

(b) in respect of which application has been made and not withdrawn or refused for a such a certificate and which fly or which are operated under a certificate of airworthiness of the Special Category

Provided that this section shall not apply to aeroplanes having a maximum total weight authorised exceeding 230,000 kg.

Aeroplanes first issued with a type certificate on or after 1st April 1971, and	when flying on any flight	P

(a) which have a maximum total weight authorised exceeding 5,700 kg. and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo);

or	when flying on any flight
	S	
			
(b) having a maximum total weight authorised exceeding 230,000 kg and in respect of which there is in force such a certificate of airworthiness

Aeroplanes - 	when flying on any flight	S

(a) which have a maximum total weight authorised exceeding 27,000 kg and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo);	when flying on any flight
	T

(b) which have a maximum total weight authorised exceeding 230,000 kg and in respect of which there is in force such a certificate of airworthiness	When flying on any flight
	T

Aeroplanes which have a maximum total weight authorised exceeding 15,000 kg or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers.	When flying for the purpose of public transport	W	

(6) The scales of equipment indicated in the foregoing Table shall be as follows:

Scale A

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

(2) Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under these Regulations or any directions issued thereunder for the intended flight of the aircraft, including any diversion which may reasonably be expected.

(3) (a) On all flights subject to Scale B (3) (a), a safety belt or safety harness for every seat in use.

(b) On all flights:

(i) Subject to Scale B (3) (b), in all aeroplanes and helicopters for every pilot's seat and for any seat situated alongside a pilot's seat, a safety belt with one diagonal shoulder strap or a safety harness:

Provided that the Minister may permit a safety belt without diagonal shoulder strap to be fitted if he is satisfied that is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.

(ii) For every other seat in use a safety belt with or without one diagonal shoulder strap or a safety harness.

(4) Portable fire extinguishers of an approved type which, when discharged, will not cause dangerous contamination of the air within the aircraft and located

(a) in the pilot's compartment, and

(b) in each passenger compartment that is separate from the pilot's compartment and that is not readily accessible to the flight crew.

Scale B

(1) First-aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following:

(a) roller bandages, triangular bandages, adhesive plaster, absorbent gauze, cotton wool (or wound dressings in place of the absorbent gauze and cotton wool), burn dressings, safety pins;

(b) haemostatic bandages or tourniquets, scissors;

(c) antiseptic, analgesic and stimulant drugs;

(d) non-inflatable splints;

(e) A handbook on First Aid.

(2) In the case of an aircraft used for the public transport of passengers in which, while the aircraft is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency:

(a) is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxiing, or

(b) would be more than 1.82 metres from the ground if the undercarriage or any part thereof should collapse, break or fail to function,

apparatus readily available for use of each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the aircraft is on the ground, and can be readily fixed in position for use.

(3) On all flights, if the maximum total weight authorised of the aircraft is more than 2,730 kg a safety harness for every pilot's seat in use, in place of the safety belt referred to under Scale A:

Provided that the Minister may permit a safety belt to be fitted if he is satisfied that it is not reasonably practicable to fit a safety harness.

(4) On all flights any seats used by cabin attendants during the take-off or landing shall be forwarded or rearwards facing (within fifteen degrees of the longitudinal axis of the aircraft) and be fitted with a safety harness.

(5) If the pilot in command cannot, from his own seat, see all the passengers' seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.

Scale C

(1) Equipment for displaying the lights required by the Rules of the Air;

(2) Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight;

(3) Unless the aircraft is equipped with radio, equipment or devices for making any visual signal specified in the Rules of the Air, or notified by the Minister as being signals that may be used by aircraft to acknowledge ATC signals given or indicate any specified condition or a request to Land.

Scale D

(1) (a) In the case of a helicopter, a slip indicator,

(b) In the case of any other aircraft, either

(i) a turn indicator and a slip indicator; or

(ii) a gyroscopic bank and pitch indicator and gyroscopic direction indicator;

(2) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the pilot in command of the aircraft indicate is likely to be encountered during the intended flight.

Scale E

(1) (a) In the case of a helicopter, a slip indicator;

(b) In the case of any other aircraft, a turn indicator and a slip indicator;

(2) A gyroscopic bank and pitch indicator;

(3) A gyroscopic direction indicator;

(4) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the pilot in command of the aircraft indicate is likely to be encountered during the intended flight.

Provided that any aircraft may at the option of the operator, be equipped with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator referred in (1) of this Scale.

Scale F

(1) A timepiece with a sweep second hand;

(2) A means of indicating whether the power supply to the gyroscopic instruments is adequate;

(3) A rate of climb and descent indicator;

(4) If the maximum total weight authorised of the aircraft exceeds 5,700 kg a means of indicating the outside air temperature;

(5) If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.

Scale G

(1) Landing lights consisting of two single filament lamps, or one dual filament lamp with separately energised filaments;

(2) An electric lighting system to provide illumination in every passenger compartment;

(3) (a) If the aircraft, in accordance with its certificate of airworthiness may carry more than nineteen persons over two years of age, two electric torches and an emergency lighting system to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2);

(b) In the case of any other aircraft, one electric torch for each member of the crew of the aircraft;

(c) In the case of an aircraft of which the maximum total weight authorised exceeds 5,700 kg

(i) two electric torches and an emergency lighting system to provide illumination in the passenger compartments on the failure of the lighting system specified in paragraph (2);

(ii) an emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft;

(4) In the case of an aircraft of which the maximum total weight authorised exceeds 5,700 kg means of observing the existence and build up of ice on the aircraft.

Scale H

For each person on board a lifejacket equipped with a whistle and waterproof torch:

Provided that lifejackets constructed and carried solely for use by children under two years of age need not be equipped with a whistle.

Scale I

(1) Additional flotation equipment, capable of supporting one-fifth of the number of persons on board and provided in a place of stowage accessible from outside the aircraft;

(2) Marine type pyrotechnic distress signals capable of making from the surface of the water, the pyrotechnic signal of distress specified in the Rules of the Air.

(3) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aircraft on water, appropriate to its size, weight and handling characteristics.

Scale J

(1) Life-rafts sufficient to accommodate all persons on board the aircraft and within each life-raft the following equipment;

(a) means for maintaining buoyancy; 

(b) a sea anchor;

(c) life lines, and means of attaching one life-raft to another;

(d) paddles or other means of propulsion;

(e) means of protecting the occupants from the elements;

(f) a waterproof torch;

(g) marine type pyrotechnic distress signals;

(h) means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in item (i) hereunder;

(i) for each 4 or proportion of 4 persons the liferaft is designed to carry; 100 grammes of glucose toffee tablets; ½ litre of fresh water in durable containers;

Provided that in any case in which it is not reasonably practicable to carry the quantity of water specified above, as large a quantity of fresh water as is reasonably practicable in the circumstances may be substituted. In no case however shall the quantity of water be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in item (h), to provide ½ litre of water for each 4 or proportion of 4 persons the life-raft is designed to carry.

(j) first aid equipment.

Items (f) to (j) inclusive, shall be contained in a pack.

(2) The number of survival beacon radio apparatus carried when the aircraft is carrying the number of life-rafts specified in column 1 hereunder shall be not less than the number specified in, or calculated in accordance with column 2 hereunder.

Column 1	Column 2	
		
Not more than 8 life rafts ……………….	2 survival beacon radio apparatus	
		
For every additional 4 or proportion of 4 life rafts………………………………….	1 additional survival beacon radio apparatus	

Scale K

Section 1

(1) In every aircraft which is provided with means for maintaining pressure greater than 700 millibars throughout the flight crew compartment and in the compartments in which passengers are carried;

(a) a supply of oxygen sufficient, in the event of failure to maintain such pressure occurring in the circumstances specified in columns 1 and 2 of the table set out in Section 2 of this Scale, for continuous use, during the periods specified in column 3 of the said Section 2 by the persons for whom oxygen is to be provided in accordance with column 4 of the said Section 2, and

(b) in addition, in every case where the aircraft flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of two passengers, together with suitable and sufficient apparatus to enable such persons to use the oxygen.

(2) In any other aircraft -

(a) a supply of oxygen sufficient for continuous use by all the crew, and, if passengers are carried, by 10 per cent of the number of passengers, for any period exceeding 30 minutes during which the aircraft flies above flight level 100 but not above flight level 130; and

(b) a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the aircraft flies above flight level 130, together with suitable and sufficient apparatus to enable such person to use the oxygen.

(3) The quantity of oxygen required for the purpose of complying with paragraphs (1) and (2) of this section of this Scale shall be computed in accordance with the information and instructions relating thereto specified in the operations manual of the aircraft.

Section 2

Column 1	Column 2	Column 3	Column 4	
				
Vertical displacement of the aircraft in relation to flight levels.	Capability of aircraft to descend.	Period of supply of oxygen.	Persons for whom oxygen is to be provided.	
				
Above flight level 100.		30 minutes or the period specified at (a) hereunder whichever is the greater.	In addition to any passengers for whom oxygen is provided as specified below, all the crew.	
				
Above flight level 100 but not above flight level 300.	Aircraft is either flying at or below flight level 150 or is capable of descending as specified at (x) hereunder.	30 minutes or the period specified at (a) hereunder whichever is the greater.	10 per cent of the number of passengers.	
				
	Aircraft is flying above flight level 150 and is not so capable.
	10 minutes or the period specified at (b) hereunder whichever is the greater.

and in addition	All passengers.	
				
		30 minutes or the period specified at (c) hereunder whichever is the greater.	10 per cent of the number of passengers.	
				
Above flight level 300 but not above flight level 350.	Aircraft is capable of descending and continuing to descend as specified at (y) hereunder.	30 minutes or the period specified at (a) hereunder whichever is the greater.

and in addition	15 per cent of the number of passengers.	
				
	Aircraft is not so capable.	10 minutes or the period specified at (b) hereunder whichever is the greater.

and in addition	All passengers

		30 minutes or the period specified at (c) hereunder whichever is the greater.	15 per cent of the number of passengers.	
				
Above flight level 350		10 minutes or the period specified at (b) hereunder whichever is the greater.

and in addition	All passengers.	
				
		30 minutes or the period specified at (c) hereunder whichever is the greater.	15 per cent of the number of passengers.	

Scale L

Equipment to prevent the impairment through ice formation of the functioning of the control, means of propulsion, lifting surfaces, windows, or equipment of the aircraft so as to endanger the safety of the aircraft.

Scale M

Safety harness for every seat in use:

Provided that in the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Minister may permit a safety belt with one diagonal shoulder strap to be fitted if he is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.

Scale N

A inter-communication system for use by all members of the flight crew and including microphones, not of a handheld type, for use by the pilots and flight engineer, if any.

Scale O

A radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions:

Provided that a flight may continue if the set becomes unserviceable -

(a) so as to give the warning only to one pilot, so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired; or

(b) on take-off, but the weather report or forecasts available to the pilot in command of the aircraft indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions which can be detected by the set when in working order are unlikely to be encountered on the intended route or any planned diversion therefrom or the pilot in command has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual.

Scale P

A flight data recorder which is capable of recording, by reference to a time-scale, the following data:

(a) indicated air speed;

(b) indicated altitude;

(c) vertical acceleration;

(d) magnetic heading;

(e) pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

(f) engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

(g) flap position;

(h) roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

Provided that any aeroplane having a maximum total weight authorised not exceeding 11,400 kg may be provided with:

(i) a flight data recorder capable of recording the data described in sub-paragraphs (a) to (h) of this Scale; or

(ii) a 4 channel cockpit voice recorder.

In addition, on all flights by turbine-powered aeroplanes having maximum total weight authorised exceeding 11,400 kg a four channel cockpit voice recorder.

The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane:

Provided that an aeroplane shall not be required to carry the said flight data recorder and cockpit recorder, if before take-off the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Minister.

Scale Q

If the maximum total weight authorised of the aircraft exceeds 5,700 kg a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.

Scale R

(1) Equipment sufficient to protect the eyes, nose and mouth of the pilot in command of the aircraft from the effects of smoke and noxious gases for a period of not less than 15 minutes; and

(2) Portable equipment sufficient to protect the eyes, nose and mouth of one other member of the crew of the aircraft from the effects of smoke and noxious gases for a period of not less than 8 minutes; and

(3) Equipment sufficient to protect from the effects of smoke and noxious gases the eyes of all members of the flight crew of the aircraft whose eyes are not adequately protected by other equipment.

Scale S 

A flight recording system comprising:

(1) in respect of aeroplanes having a maximum total weight authorised not exceeding 11,400 kg a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale data from which the following information can be ascertained: the flight path of the aeroplane; the attitude of the aeroplane; and the basic lift, thrust and drag forces acting upon the aeroplane;

(2) in respect of aeroplanes having a maximum total weight authorised exceeding 11,400 kg but not exceeding 27,000 kg a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the information specified in paragraph (1) can be ascertained;

(3) in respect of aeroplanes having a maximum total weight authorised exceeding 27,000 kg a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the following information can be established: the flight path of the aeroplane; the attitude of the aeroplane; the basic lift, thrust and drag forces acting upon the aeroplane; the selection of high lift devices, if any, and airbrakes, if any; the position of primary flying control and pitch trim surfaces; cockpit warnings relating to engine fire and engine shut down, cabin pressurisation, presence of smoke and hydraulic pneumatic power supply, outside air temperature, instrument landing system deviations; use made of automatic flight control system; radio altitude, if any, and the level of essential AC electricity supply. The cockpit voice recorder or flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident:

Provided that an aeroplane shall not be required to carry the said flight data recorder and cockpit voice recorder, if before take-off the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Minister.

Scale T

An underwater sonar location device.

Scale U

On all flights:

(1) If the aircraft has a total seating capacity of not less than 60 and not exceeding 149 passengers, one portable battery-powered megaphone capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

(2) If the aircraft has a total seating capacity exceeding 149 passengers two portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

Scale V

In respect of aeroplanes which have a maximum total weight authorised exceeding 5,700 kg.

(a) An emergency power supply, independent of and activated automatically on the failure of the main generating system, for the purpose of operating and illuminating one or more attitude indicating instruments for a minimum period of 30 minutes and an indicator on the instrument panel to show that the attitude indicating instruments are being operated by such emergency power.

(b) The attitude indicating instruments specified in this scale shall be so located as to permit the pilot to see their indications with the minimum practical deviation from the position and line of vision he normally assumes when looking forward along the flight path.

Scale W

Equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water.

Provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly until it lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.

(7) With reference to Regulation 22 (2) every aircraft shall be provided when flying in the circumstances specified in the first column of the following Table, with the scales of radio equipment respectively indicated in that Table:

Provided that, if the aircraft is flying in a combination of such circumstances the scale of equipment shall not on that account be required to be duplicated.

Table	
Aircraft and Circumstances of Flight	Scale of Equipment Required
A B C D E F 	
			
(1)	All Tongan aircraft, wherever they may be:

(a) when flying for the purpose of public transport under Instrument Flight Rules		
				
		(i) while making an approach to landing	A B C D	
				
		(ii) on all other occasions	A B C	
				
	(b) when flying for the purpose of public transport under Visual Flight Rules	A B

(2)	All aircraft within Tonga:

(a) when flying under Instrument Flight Rules			
				
		(i) within controlled airspace	A B	E	
				
		(ii) while making an approach to landing	A B	D E	
				
	(b) where required by these Regulations to comply in whole or in part with Instrument Flight Rules in Visual Meteorological Condition	A B	E	
				
	(c) when flying within any airspace in respect of which special rules are prescribed by the regulations in relation to a particular airport, so as to require two-way radio communication with that airport	A		
				
	(d) when making an approach to landing at an airport using Instrument Landing System	A B	F	

(8) The scales of radio equipment indicated in the foregoing Table shall be as follows:

Scale A:	Radio equipment capable of maintaining two-way communication with the appropriate aeronautical radio stations from at least 25 nautical miles away when in flight.	
		
Scale B:	Radio equipment capable of enabling the aircraft to be navigated on the intended route including such equipment as may be notified by the Minister.	
		
Scale C:	Radio equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.	
		
Scale D:	Radio equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the airport at which the aircraft is to land.	
		
Scale E:	Radio equipment capable of providing a continuous indication of the aircraft's distance from the appropriate aeronautical radio stations.	
		
Scale F:	Radio equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System	

PART III

OPERATION OF AIRCRAFT

24. (1) In this Part unless the context otherwise requires -

"emergency distance available" means the distance from the point on the surface of the airport at which the aircraft can commence its take off run to the nearest point in the direction of take off at which the aircraft cannot roll over the surface of the airport and be brought to rest in an emergency without the risk of accident;

"landing distance available" means the distance from the point on the surface of the airport above which the aircraft can commence it's landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the airport is incapable of bearing the weight of the aircraft under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aircraft;

"take off distance available" means either the distance from the point on the surface of the airport at which the aircraft can commence its take off run to the nearest obstacle in the direction of take off projecting above the surface of the airport and capable of affecting the safety of the aircraft or one and one half times the take-off run available whichever is the less;

"take-off run available" means the distance from the point on the surface of the airport at which the aircraft can commence its take off run to the nearest point in the direction of take off at which the surface at the airport is incapable of bearing the weight of the aircraft under normal operating conditions;

"specified" means in relation to an aircraft specified in, or ascertainable by reference to -

(a) the certificate of airworthiness in force in respect of that aircraft; or

(b) the flight or operations manual or performance schedule included in that certificate, or other document, whatever its title, incorporated by reference in that certificate.

(2) For the purposes of Regulation 2 (definition of "flight" and "to fly") and aircraft shall be deemed to be in flight -

(a) in the case of a piloted aircraft, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

(b) in the case of pilotless aircraft, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

(c) in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

and the expressions "a flight" and "to fly" shall be construed accordingly.

(3) For the purposes of Regulation 2 (definition of "operator") the operator of an aircraft is, in relation to any particular aircraft, the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:

Provided that for the purposes of the application of any provision in Part II of these Regulations, when by virtue of any character or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into.

(4) For the purposes of Regulation 2 (definition of "public transport") an aircraft shall be deemed to fly for the purpose of public transport -

(a) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or

(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including in the case of a body corporate its directors), persons with the permission of the Minister either making any inspection or witnessing any training, practice or test for the purpose of these Regulation, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or

(c) for the purpose of Part II, if hire or reward is given or promised for the right to fly the aircraft on that flight, otherwise than under a hire-purchase agreement;

and the expression "public transport of passengers" shall be construed accordingly:

Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (c) of this paragraph it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.

(5) Where under a transaction affected by or on behalf of a member of an association of persons on the one hand and the association of person or any member is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be deemed to be given or promised if the transaction were affected otherwise than as aforesaid, hire or reward shall for the purpose of these Regulations be deemed to be given or promised.

Operation of Aircraft

25. No person shall use or operate an aircraft save in accordance with those Regulations.

Operation of Radio Stations in Aircraft

26. (1) No person shall operate the radio station in an aircraft whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and unless he is duly licensed or otherwise permitted to operate the radio station under that law.

(2). Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft:

Provided that -

(a) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and

(b) the watch may be kept by a device installed in the aircraft if -

(i) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

(ii) that station is notified, or in the case of a station situated in a country other than Tonga, otherwise designated as transmitting a signal suitable for that purpose.

(3) Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.

(4) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows:

(a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

(b) the distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

(c) messages and signals relating to the flight of the flight of the aircraft, in accordance with general international aeronautical practice;

(d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).

(5) No person acting as a member of the flight crew of a Tongan aircraft which is engaged on a flight for the purpose of public transport shall make use of a hand-held microphone, whether for the purpose of radio communication or of intercommunication within the aircraft, whilst the aircraft is flying in controlled airspace or is taking off or landing.

Minimum Navigation Performance

27. A Tongan aircraft shall not fly in airspace notified for the purposes of this Regulation unless -

(a) it is equipped with navigation system which enable the aircraft to maintain the navigation performance capability required; and

(b) the navigation systems required by paragraph (a) hereof are approved by the Minister and installed and maintained in a manner approved by the Minister; and

(c) the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Minister; and

(d) the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace.

Cockpit and Emergency Check Lists

28. Every Tongan aircraft shall carry cockpit and emergency check lists for that particular type of aircraft. Such lists shall be carried in the cockpit of the aircraft readily accessible to the pilot during flight.

Carriage of Weapons and of Munitions of War

29. (1) An aircraft shall not carry any munitions of war unless -

(a) such munition of war is carried with the written permission of the Minister and in accordance with any conditions relating thereto; and

(b) the pilot in command of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Minister.

(2) Notwithstanding paragraph (1) it shall be unlawful for an aircraft to carry any weapon or munition of war in any compartment or apparatus to which passengers have access.

(3) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any weapon or munition of war unless -

(a) the weapon or munitions of war:

(i) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby, and

(ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers, and

(iii) in case of a firearm, is unloaded, and

(b) particulars of the weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences, and

(c) without prejudice to paragraph (1) operator consents to the carriage of such weapon or munition of war by the aircraft.

(4) Nothing in this regulation shall apply to any weapon or munition of war taken or carried on board an aircraft registered in a country other than Tonga, if the weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

(5) For the purposes of this article a "munition of war" means any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is designed or made for use in warfare or against any persons, including parts, whether components or accessories, for such weapon, ammunition or article.

Carriage of Dangerous Goods

30. (1) In this Regulation -

"consignment" means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address for delivery to one address for delivery to one consignee at one destination address and in respect of which there is not more than one air waybill;

"dangerous goods" means any article or substance which is capable of posing significant risk to health, safety or property when carried by air and which is classified in Part 2 of the Technical Instructions;

"dangerous goods transport document" means a document, not being an air waybill, which is required by paragraph (5) to accompany a consignment of dangerous goods;

"package" means the packaging and the articles and substances contained therein including one or more packages which have been consolidated by one shipper into one container or enclosure for convenience in handling;

"packing" means the art and operation whereby articles and substances are wrapped up, enclosed in containers or otherwise secured, and "packed" shall be construed accordingly;

"Technical Instructions" means the English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air currently approved by decision of the Council of the International Civil Aviation Organization;

"unit load device" means any type of freight container including any container designed for loading on an aircraft.

For the avoidance of doubt, any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on passenger or cargo aircraft, as therein defined, shall for the purpose of these Regulations be interpreted as applying also to the carriage of such goods beneath passenger or cargo aircraft respectively.

(2) An aircraft shall not carry or have loaded therein or suspended thereunder any dangerous goods unless such goods are carried, loaded or suspended:

(a) with the written permission of the Minister and in accordance with any conditions to which such permission may be subject; and

(b) in accordance with the Technical Instructions and any conditions specified therein.

(3) A person shall not:

(a) take or cause to be taken on board,

(b) suspend or cause to be suspended beneath, or

(c) deliver or cause to be delivered for loading on or suspension beneath an aircraft.

any goods which he knows or ought to know or suspects to be dangerous goods unless the provisions of this Regulation are complied with.

(4) (a) This Regulation shall not apply to dangerous goods as specified in Chapters 2.3 and 2.4.2 of Part I of the Technical Instructions which are carried, loaded or suspended in accordance with the provisions of the aforesaid Chapters 2.3 and 2.4.2;

(i) for the purpose of ensuring the proper navigation or safety of the aircraft; or

(ii) solely for the personal use of or for sale to the passengers or crew members of the aircraft.

(b) Save for paragraphs (2)(a), (10)(a) (but only to the extent that it refers to the provisions in Chapter 2.1 of Part 5 of the Technical Instructions) and (9)(b) of this Regulation, this Regulation shall not apply to dangerous goods of the classifications specified in Chapter 2.5 of Part I of the Technical Instructions provided that:

(i) the dangerous goods do not exceed the appropriate quantity limitations specified therein; and 

(ii) such other conditions as are specified therein are complied with.

(5) (a) An aircraft shall not carry dangerous goods as cargo unless the shipper of the goods has furnished the operator of the aircraft with a dangerous goods transport document, except that such a document shall not be required in respect of such categories of dangerous goods as may be specified in the Technical Instructions as being goods in respect of which a dangerous goods transport document is not required.

(b) The dangerous goods transport document shall be completed in duplicate by the shipper and shall:

(i) describe the dangerous goods in accordance with and contain such information as is required by the provisions of Chapter 4.1 of Part 4 of the Technical Instructions;

(ii) contain a signed declaration that the Technical Instructions have been complied with in that the dangerous goods -

(aa) are fully and accurately described, and

(bb) are correctly classified, packed, marked and labelled, and

(cc) are in a proper condition for carriage by air.

(c) The operator of an aircraft shall preserve for not less than six months any dangerous goods transport document which has been furnished to him in accordance with this paragraph.

(6) Before consigning any package containing dangerous goods for carriage by air the shipper shall ensure that:

(a) the goods are not of a category whose carriage by air is prohibited by the provisions of Chapter 2.1 and 2.2 of Part I of the Technical Instructions;

(b) the goods are classified and packed in accordance with Parts 2 and 3 of the Technical Instructions and the packagings used are in accordance with such provisions of Part 7 of the Technical Instructions as apply to the goods;

(c) the package is marked and labelled in accordance with such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and in accordance with Chapters 2 and 3 of Part 4 of the Technical Instructions;

(d) the package is in a fit condition for carriage by air;

(e) the dangerous goods transport document required by paragraph (5) has been completed and that the declaration therein has been signed by him.

(7) The operator of an aircraft in or under which any package or unit load device containing dangerous goods is to be carried shall satisfy himself by making an inspection:

(a) that the package is marked and labelled in accordance with the provision of this Regulation, such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and Chapters 2 and 3 of Part 4 of the Technical Instructions before accepting the package;

(b) that the package is not leaking or damaged so that the contents may escape -

(i) before accepting the package;

(ii) before loading or causing the package to be loaded on board the aircraft or before suspending or causing the package to be suspended beneath the aircraft, as the case may be;

(iii) upon loading the package from or from beneath the aircraft;

(c) that the unit load device is free from any evidence of leakage from or damage to any dangerous goods contained therein before loading or causing the unit load device to be loaded on board the aircraft or before suspending or causing the unit load device to be suspended beneath the aircraft, as the case may be.

(8) (a) For the purpose of each of the inspections required by sub-paragraphs (a) and (b) (i) of paragraph (7), the operator of an aircraft shall use an acceptance check list and shall record thereon and in accordance with the form thereof the results of that inspection.

(b) The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to and completion of that document.

(c) The operator of an aircraft shall preserve for not less than six months any acceptance check list used by him in accordance with this regulation.

(9)	(a) The operator shall not load or cause to be loaded on an aircraft or suspend or cause to be suspended beneath an aircraft any package or unit load device containing dangerous goods which on inspection is found to be leaking or damaged so that the contents or the dangerous goods therein may escape or be damaged.

(b) The operator shall unload or cause to be unloaded any package containing dangerous goods which appears to be leaking or damaged on board or beneath an aircraft and shall ensure that other cargo or baggage loaded on or suspended beneath that aircraft is in a fit state for carriage by air and has not been contaminated.

(c) The operator shall after unloading inspect for signs of damage or contamination any part of the aircraft, or any sling or other apparatus which has been used to suspend goods beneath the aircraft, in which:

(i) a unit load device containing dangerous goods was stowed, or

(ii) any damaged or leaking package containing dangerous goods loaded,

and the operator shall remove or repair any contamination or damage.

(d) The operator of an aircraft shall not permit it to fly for the purpose of carrying passengers or cargo if he knows or suspects radioactive materials to have leaked in or contaminated the aircraft or any sling or other apparatus attached to the aircraft unless the radiation level resulting from the fixed contamination at any accessible surface and the nonfixed contamination are less than the values specified in Chapter 3.2 of Part 5 of the Technical Instructions.

(10) (a) The operator shall ensure that any package containing dangerous goods is loaded, stowed and unloaded from or from beneath an aircraft in accordance with the provisions in Chapter 2 of Part 5 of the Technical Instructions which apply to that category of dangerous goods.

(b) An aircraft shall not carry any dangerous goods either in any compartment occupied by passengers or in the flight crew compartment, except in circumstances permitted by the provisions of Chapter 2.1 of Part 5 of the Technical Instructions.

(11) (a) The operator of an aircraft in which dangerous goods are to be carried shall before the flight begins, provide the pilot in command of the aircraft with written information specifying the matters required by the provisions of Chapter 4.1 of Part 5 of the Technical Instructions and shall preserve a copy thereof for not less than six months.

(b) The operator of an aircraft in which passengers are to be carried or his agent shall notify them of the categories of dangerous goods which may not be taken on board an aircraft either as checked baggage or accompanying a passenger by displaying notices at places at an airport where the operator or his agent issues tickets, checks in baggage or maintains areas to assemble passengers to board the aircraft.

(c) The operator of an aircraft and a shipper of dangerous goods by air or, in each case, the agent thereof shall inform any employees whose duties include a function connected with the carriage of passengers or cargo by air of the provisions of the Technical Instructions and for this purpose shall establish and undertake training programmes, as required by Chapter 1 of Part 6 of the Technical Instructions, which shall be submitted to the Minister for approval on such occasions as the Minister may require.

(12) The operator of an aircraft shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person:

(a) the written permission referred to in paragraph (2);

(b) the dangerous goods transport document in respect of any dangerous goods, referred to in paragraph (5);

(c) the acceptance check list in respect of any dangerous goods, referred to in paragraph (8);

(d) a copy of the written information provided to the pilot in command of the aircraft in respect of any dangerous goods, referred to in paragraph (11) (a).

(13) Subject to the provisions of paragraph (2) (a), nothing in this Regulation shall apply to any aircraft flying in order to drop articles for the purpose of agriculture, horticulture or forestry.

(14) The provisions of this Regulation shall be additional to and not in derogation of the provisions of Regulation 29 of these Regulations.

Composition of Aircraft Crew and Licensing

31. (1) Every aircraft shall carry and be operated by the flight crew prescribed by, and such crew shall be licensed in accordance with, the provisions of these Regulations:

Provided that a foreign aircraft shall carry the flight crew prescribed by the law of the country in which it is registered and such crew shall be licensed in accordance with the law of that country.

(2) No person shall fly as pilot in command of an aircraft which is not included or entered in the aircraft rating of his licence.

(3) A Tongan aircraft shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under these Regulations or, if no certificate of airworthiness is required under these Regulations to be in force, the certificate of airworthiness, if any, last in force under these Regulations, in respect of that aircraft.

(4) A Tongan aircraft flying for the purpose of public transport having maximum total weight authorised exceeding 5,700 kg shall carry not less than two pilots as members of the flight crew thereof.

(5) A Tongan aircraft engaged on a flight for the purpose of public transport shall carry -

(a) a flight navigator as a member of the flight crew; or

(b) navigational equipment approved by the Minister and used in accordance with any conditions subject to which that approval may have been given,

if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown.

The flight navigator carried in compliance with this paragraph shall be carried in addition to any person who is carried in accordance with this paragraph to perform other duties.

(6) A Tongan aircraft which is required by or under the provisions of Regulations 21 and 22 to be equipped with radio communication aparatus shall carry a flight radio operator as a member of the flight crew.

(7) Notwithstanding the provisions of paragraph (1) of this regulation a person may, within Tonga act as a flight radiotelephony operator without being the holder of such a licence if -

(a) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in Tongan aircraft to perform duties as a member of the flight crew of an aircraft; and

(b) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station or by the Minister or other appropriate authority under any enactment; and

(c) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and

(d) messages are transmitted only on a frequency exceeding 60 megahertz assigned by the Minister for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in sub-paragraph (a) of this paragraph; and

(e) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and

(f) the operation of the transmitter requires the use only of external switches; and

(g) the stability of the frequency radiated is maintained automatically by the transmitter.

(8) The Minister may, if it appears to him to be expedient in the interest of safety, direct an operator of a Tongan aircraft that the aircraft operated by him shall not fly in such circumstances as the Minister may specify unless the aircraft carries in addition to the flight crew required to be carried therein by the provisions of this regulation such additional flight crew as he may specify in the direction.

(9) Notwithstanding the provisions of paragraph (1) a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of a Tongan aircraft for the purpose of undergoing training or test for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of a licence which entitles him to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged, if no other person is carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with these Regulations, a person authorised by the Minister to witness the aforesaid training or test or to conduct the aforesaid tests, or if the pilot in command of the aircraft is the holder of a licence as aforesaid or a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.

(10) Notwithstanding anything in this regulation -

(i) the holder of a licence granted or rendered valid under these Regulations, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standards, shall not act as a member of the flight crew of a Tongan aircraft in or over the territory of another Contracting State, except in accordance with permission granted by the competent authorities of that state;

(ii) the holder of a licence granted or rendered valid under the law of a Contracting State other than Tonga, being a licence endorsed as aforesaid shall not act as a member of the flight crew of any aircraft in or over Tonga except in accordance with permission granted by the Minister whether or not the licence is or is deemed to be rendered valid under these Regulations.

(11) Every public transport aircraft registered in Tonga and carrying twenty or more passengers shall have on board, for the purpose of performing such duties as may be assigned by the operator or the pilot in command in the interest of the safety of passengers, the minimum number of cabin attendants as shown in the following table:-

Table	
			
(a)	20 - 50 passengers	one attendant	
			
(b)	51 - 100 passengers	two attendant	
			
(c)	101 - 150 passengers	three attendants	
			
(d)	over 150 passengers	three attendants plus one attendant for every 50, or fraction of 50 passengers carried	

(12) The Minister may direct that the operator of any public transport aircraft registered in Tonga shall have on board such aircraft at least one cabin attendant when the aircraft carries less than twenty passengers.

(13) The cabin attendants shall be located -

(i) during take-off and landing, as near as possible to the floor level emergency exits, and

(ii) at any other time, at some suitable place in the aircraft, so as to provide the most effective exit of passengers in the event of emergency evacuation.

Authority and Duties of the Pilot in Command

32. (1) The pilot in command of an aircraft shall have final authority as to the disposition of the aircraft while he is in command. Every person in a Tongan aircraft shall obey all lawful commands which the pilot in command of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

(2) The pilot in command of a Tongan aircraft shall satisfy himself before the aircraft takes off:

(a) that the flight can safely be made, taking into account the latest information available as to the route and airports to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(b) that the equipment, including radio apparatus, required by or under these Regulations to be carried in the circumstances of the intended flight is carried and is in a fit condition for use;

(c) that the aircraft is in every way fit for the intended flight, and that where certificates of maintenance are required under these Regulations to be in force they are in force and will not cease to be in force during the intended flight;

(d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;

(e) that sufficient fuel, oil and engine coolant, if required, are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of public transport, the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

(f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

(g) that, having regard to the performance of the aircraft in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination, and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination;

(h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.

(3) The pilot in command of a Tongan aircraft shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under these Regulations to carry two pilots, both pilots shall remain at the controls during the take-off and landing. If the aircraft, while engaged on a flight for the purpose of public transport of passengers, carries two or more pilots, whether or not required to do so, the pilot in command shall remain at the controls during the take-off and landing. Each pilot at the controls shall be secured in his seat by either a safety belt or a safety harness except that during take-off and landing a safety harness shall be used.

(4) No person shall interfere with the pilot or with a member of the flight crew of an aircraft in flight, or tamper with the aircraft or its equipment whether or not in flight so as to endanger the safety of the aircraft or any person therein.

Documents to be Carried in Aircraft

33. (1) No person shall fly an aircraft unless it carries the documents which it is required to carry under the law of the country in which it is registered.

(2) A Tongan aircraft shall carry on board the documents specified in Regulation 34:

Provided that if the flight is intended to begin and end at the same airport, the documents may be kept at that airport instead of being carried in the aircraft.

Specific Documents

34. The documents required by Regulation 33 to be carried are:

(I) While the aircraft is engaged in international air navigation, whether or not for public transport:-

(a) the certificate of registration in force in respect of the aircraft;

(b) the certificate of airworthiness so in force;

(c) The flight manual, if required by these Regulations;

(d) the appropriate licences in force for each member of the flight crew;

(e) the licence in force in respect of the radio station installed in the aircraft;

(f) a copy of the load sheet, if required by these Regulations in respect of the flight;

(g) a copy of each certificate of maintenance, if any, in force in respect of the aircraft;

(h) a copy of the technical log, if required by these Regulations;

(i) the operations manual.

(II) While the aircraft is engaged in international air navigation for the purpose of aerial work:-

the documents specified in (a), (b), (d), (e), (g) and (h) under heading I:

(III) While the aircraft is engaged in navigation which is not international air navigation:

(a) in the case of public transport aircraft, the documents specified in (b) to (i) under heading I;

(b) in the case of an aerial work aircraft, the documents specified in (b), (d), (e), (g) and (h) under heading I.

Air Operator's Certificate of Competency

35. (1) A Tongan 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 by the Minister in accordance with paragraph (2).

(2) The Minister may grant to any person applying therefore an air operator's certificate if he is satisfied that such person is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types 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 Minister thinks fit and shall, unless previously surrendered, suspended or revoked, remain in force for the period specked in the certificate.

(3) The Minister may, for the purpose of securing the safety of aircraft operation under these Regulations or of satisfying himself that the holder of an air operator's certificate is competent to operate safely and securely, direct the owner or operator of a Tongan aircraft to make available, free of charge, within seven days of the direction or if the circumstances so warrant, at a shorter notice, a seat on the aircraft to a person authorised by him in writing to undertake:

(a) en-route examination and inspection of the work of a flight crew member;

(b) inspection of the maintenance facilities at the en-route and terminal stations;

(c) inspection of an aircraft or of its equipment; and

(d) such other examination or inspection as may be necessary for the purpose of securing the safety of aircraft operation.

(4) In any case where such transportation at short notice requires off loading of a passenger or cargo being carried on the particular flight, the operator shall be reimbursed by the Minister to the extent of the net loss of revenue thereby caused, if any.

Public Transport - Duties of Pilot in Command

36. The pilot in command of a Tongan aircraft engaged for the purpose of public transport of passengers shall:-

(a) before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position, and method of use, of emergency exits, safety belts, safety harnesses, oxygen equipment and lifejackets, and all other devices required by or under these Regulations and intended for use by passengers individually in case of an emergency occurring to the aircraft:-

Provided that in relation to lifejackets this requirement may, except, in the case of a seaplane, be complied with at any time before the aircraft reaches a point beyond gliding distance from land;

(b) if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time from the nearest land, take all reasonable steps to ensure that before that point is reached all passengers are given a practical demonstration of the method of use of the lifejackets required by or under these Regulations for the use of passengers;

(c) if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a practical demonstration of the method of use of the equipment referred to in sub-paragraph (b) of this regulation;

(d) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that the cabin attendants carried in compliance with these Regulations are properly secured in seats which shall be in a passenger compartment and which shall be so situated that the cabin attendants can readily assist passengers;

(e) before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:-

(i) take all reasonable steps to ensure that all passengers are properly secured in their seats by safety bells or safety harnesses and

(ii) take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is stowed in the passenger compartment stowage spaces approved by the Minister for the purpose;

(f) in an emergency, take all reasonable steps to ensure that all passenger are instructed in the emergency action which they should take;

(g) except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that:

(i) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of "Scale K" of Regulation 23 (6) of these Regulations is demonstrated to all passengers;

(ii) on reaching such altitude all passengers are recommended to use oxygen;

(iii) during any continuous period exceeding 30 minutes when the aircraft is flying above flight level 100 but not above flight level 130, and whenever the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.

Public Transport - Operator's Responsibilities

37. (1) The operator of a Tongan aircraft shall not permit the aircraft to fly for the purpose of public transport unless he has:

(a) designated a pilot to be the pilot in command of the aircraft for the flight;

(b) satisfied himself by every reasonable means that the aeronautical radio stations and navigational aids available on the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and

(c) satisfied himself by every reasonable means that the airports at which it is intended to take-off or land and any alternate airports at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped to ensure the safety of the aircraft and its passengers:

Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search and rescue or other services which are required only after the occurrence of an accident.

(2) The operator of a Tongan aircraft shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport, except a flight for the sole purpose of training persons to perform duties in aircraft, unless such person has had the training, experience, practice, and periodical tests specified in Regulations 46 and 47 in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information in respect of records relating to the foregoing matters in accordance with Regulation 48.

(3) The operator of a Tongan aircraft shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

Public Transport - Airport Operating Minima - Tongan Aircraft

38. (1) The operator of every aircraft to which Regulation 44 applies shall establish and include in the operations manual relating to the aircraft, particulars of airport operating minima appropriate to every airport of intended departure or landing and every alternate airport:

Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the pilot in command of the aircraft particulars of the airport operating minima appropriate to every airport of intended departure or landing and every alternate airport and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained for a minimum period of 3 months.

(2) The operator of every such aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the pilot in command of the aircraft to calculate airport operating minima appropriate to airports the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.

(3) The airport operating minima specified shall not, in respect of any airport, be less favourable than any declared in respect of that airport by the competent authority unless that authority otherwise permits in writing.

(4) In establishing airport operating minima for the purposes of this regulation the operator of the aircraft shall take into account the following matters -

(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;

(b) the composition of its crew;

(c) the physical characteristics of the relevant airport and its surroundings;

(d) the dimensions of the runways which may be selected for use; and

(e) whether or not there are in use at the relevant airport any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use, the nature of any such aids that are in use, and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids; and shall establish, in relation to each runway which may be selected for use, airport operating minima appropriate to each set of circumstances which can reasonably be expected.

(5) No aircraft to which Regulation 44 applies shall commence a flight at a time when -

(a) the cloud ceiling or the visibility at the airport of departure is less than the relevant minimum specified for take-off; or

(b) according to the information available to the pilot in command of the aircraft it would not be able, without contravening paragraph (6), to commence or continue an approach to landing at the airport of intended destination at the estimated time of arrival there and at any alternate airport at the time at which according to a reasonable estimate the aircraft would arrive there.

(6) No aircraft to which Regulation 44 applies shall -

(a) commence or continue an approach to landing at any airport if the visibility at that airport is at the time less than the specified minimum for landing, except that an approach to landing may be continued if, at the time the pilot in command of the aircraft receives information that the visibility is less than the specified minimum for landing -

(i) the aircraft is below the specified decision height, and

(ii) the specified visual reference has been established at the decision height and is maintained; and

(iii) the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purpose of these Regulations; or

(b) continue approach to landing at any airport by flying below the specified decision height unless from that height the specified visual reference for landing is established and is maintained.

(7) If, according to the information available, an aircraft would as regards any flight, be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the airport of intended landing, the pilot in command of the aircraft shall select prior to take-off an alternate airport unless he is notified by the Minister that an alternate airport is not required.

Public Transport - Airport Operating Minima - Foreign Aircraft

39. (1) A public transport aircraft registered in a country other than Tonga shall not fly in or over Tonga unless the operator thereof shall have furnished to the Minister such particulars as he may from time to time have required relating to the airport operating minima specified by the operator in relation to airports in Tonga for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such airport operating minima. The aircraft shall not fly in or over Tonga unless the operator shall have made such amendments or additions to the airport operating minima so specified and any instructions so given as the Minister may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation.

(2) The aircraft shall not begin or end a flight at an airport in Tonga in contravention of the airport operating minima so specified in relation to that airport or of the instructions referred to in paragraph (1).

(3) Without prejudice to the provisions of paragraph (2), a public transport aircraft registered in a country other than Tonga shall not -

(a) commence or continue an approach to landing at any airport in Tonga if the visibility at the airport is at the time less than the specified minimum for landing, except that an approach to landing may be continued if, at the time the pilot in command of the aircraft receives information that the visibility is less than the specified minimum for landing,

(i) the aircraft is below the specified decision height;

(ii) the specified visual reference has been established at the decision height and is maintained; and

(iii) the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purpose of these Regulations; or

(b) continue an approach to landing at any airport in Tonga by flying below the specified decision height unless from that height the specified visual reference is established and is maintained.

Public Transport - Fuel and Oil

40. No person shall fly a Tongan aircraft for the purpose of public transport unless taking into consideration the meteorological conditions forecast, expected air traffic control routings and traffic delay, one instrument approach at the airport of intended destination including a missed approach, procedures specified in the operations manual for loss of pressurization or failure of one power unit whilst enroute and any other conditions that may delay the landing of the aircraft or increase fuel consumption or oil consumption, and any delays expected during the flight, the aircraft carries sufficient fuel, oil and engine coolant (if required by the operations manual relating to the aircraft), ascertained in accordance with Regulation 41, to ensure that the aircraft can safely complete the flight.

Public Transport - Computation of Quantities of Fuel and Oil

41. For the purpose of Regulation 40, the minimum quantities of fuel, oil and engine coolant (if required as aforesaid) to be carried by the aircraft shall be computed as follows:-

(1) For propeller driven aircraft on a flight which, taking into consideration this duration and the prevailing meteorological conditions, may be conducted in accordance with Visual Flight Rules, quantities sufficient to enable the aircraft to fly to the airport of intended destination and thereafter for a period of forty-five minutes;

(2) For propeller driven aircraft on a flight for which an alternate airport is required, quantities sufficient to enable the aircraft to fly -

(a) to the airport of intended destination, then to the most critical alternate airport specified in the flight plan and thereafter for a period of forty-five minutes; or

(b) to the alternate airport via any predetermined point and thereafter for a period of forty-five minutes:

Provided that the quantities are not less than those required to enable the aircraft to fly to the airport of intended destination and thereafter for forty-five minutes plus 15 per cent of the flight time planned to be spent at the cruising level or levels, or two hours, whichever is less.

(3) For propeller driven aircraft on a flight for which no alternate airport is notified as required by the Minister quantities sufficient to enable the aircraft to fly to the airport of intended destination and thereafter, for forty-five minutes plus 15 per cent of the flight time planned to be spent at cruising level or levels or two hours, whichever is less:

Provided that the quantities of fuel, oil or engine coolant required to be carried by this paragraph may be varied if the Minister so permits.

(4) For turbo-jet aircraft on a flight which, taking into consideration the duration of the flight and the prevailing meteorological conditions, may be conducted in accordance with Visual Flight Rules, quantities sufficient to enable the aircraft to fly to the airport of intended destination and additionally -

(a) to fly for thirty minutes at holding speed at 1,500 ft above the airport of intended destination under standard temperature conditions; and

(b) to provide for the increased consumption on the occurrences of any of the potential contingencies specified by the operator and approved by the Minister.

(5) For turbo-jet aircraft on a flight for which an alternate airport is required quantities sufficient to enable the aircraft -

(a) to fly and execute an approach, and a missed approach, at the airport of intended destination, and thereafter -

(i) to fly to an alternate airport specified in the flight plan; and then

(ii) to fly for thirty minutes at holding speed that is to say the speed appropriate to the navigation aid as notified by the Minister or if no such speed is notified or the aircraft is unable to maintain the speed notified, the speed for the procedure specified in the flight manual at 1,500 ft above the alternate airport under standard temperature conditions at the altitude as specified in the international standard atmosphere, and make an approach and land; and

(iii) to provide for the increased consumption on the occurrence of any of the potential contingencies by the operator and approved by the Minister; or

(b) to fly to the alternate airport via any predetermined point and thereafter for thirty minutes at 1,500 ft above the alternate airport and to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator and approved by the Minister provided that such quantities shall not be less than the amount required to fly to the airport of intended destination and thereafter for two hours at normal cruise consumption.

(6) For turbo-jet aircraft on a flight for which no alternate airport is notified as required by the Minister quantities sufficient to enable the aircraft to fly to the airport of intended destination and thereafter for a period of two hours at normal cruise consumption:

Provided that the quantities of fuel, oil and engine coolant required to be carried by this paragraph may be varied if the Minister so permits.

Public Transport - Loading and Suspended Loads

42. (1) The operator of a Tongan aircraft shall not cause or permit the aircraft to be loaded for a flight for the purpose of public transport, or cause or permit any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that:

(a) the load may safely be carried on the flight; and

(b) the conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with:

Provided that the provisions of this regulation shall not apply to the operator of a helicopter if he is exempted from compliance therewith by the Minister.

(2) The instructions shall indicate the weight of the aircraft prepared for service, that is to say the aggregate of the basic weight shown in the weight schedule referred to in Regulation 19 and the weight of such additional items in or on the aircraft as the operator thinks fit to include: and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that weight:

Provided that this regulation shall not apply in relation to a flight if:

(a) the aircraft's maximum total weight authorised does not exceed 1,150 kg; or

(b) the aircraft's maximum total weight authorised does not exceed 2,730 kg and the intended flight is of a duration not exceeding 60 minutes and is either:-

(i) a flight solely for training persons to perform duties in an aircraft; or

(ii) a flight intended to begin and end at the same airport.

(3) The person supervising the loading of the aircraft shall not cause or permit the aircraft to be loaded in contravention of the instructions referred to in paragraph (1).

(4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in paragraph (7) and shall submit the load sheet for examination by the pilot in command of the aircraft who shall put his signature thereon:

Provided that the foregoing requirements of this paragraph shall not apply if:

(a) the load and the distribution and securing thereof upon the next intended flight are to be unchanged from the previous flight and the pilot in command of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or

(b) paragraph (2) of this regulation does not apply in relation to the flight.

(5) One copy of the load sheet shall be carried in the aircraft when Regulation 33 (2) so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this Regulation shall be preserved by the operator until the expiration of a period of 6 months thereafter and shall not be carried in the aircraft:

Provided that in the case of an aeroplane of which the maximum total weight authorised does not exceed 2,730 kg, or a helicopter if it is not reasonably practicable for the copy of the load sheet to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a box approved by the Minister for that purpose.

(6) Every load sheet shall contain the following particulars:

(a) the nationality and registration marks of the aircraft;

(b) particulars of the flight to which the load sheet relates;

(c) the total weight of the aircraft as loaded for that flight;

(d) the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights of the crew (unless included in the weight of the aircraft prepared for service), passengers, baggage and cargo intended to be carried on the flight;

(e) the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits, and

Shall include at the foot or end of the load sheet a certificate, signed by the person referred to in paragraph (1) of this regulation as responsible for the loading of the aircraft, that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to the said paragraph.

(7) For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew entered in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be separately weighed:

Provided that, in the case of an aircraft of which the maximum total weight authorised exceeds 18,000 kg or which has a total seating capacity of 30 or more persons, the total weights of the passengers and crew may, subject to the provisions of paragraph (9), be calculated at not less than the weights shown in Table 1 and the load sheet shall bear a notation to that effect:

Table 1	
		
	Weight	
		
Males over 12 years of age……………………………………	75 kg	
		
Females over 12 years of age………………………………….	65 kg	
		
Children aged 2 years or more, ……………………………….
but not over 12 years of age	39 kg	
		
Infant under 2 years of age……………………………………	8 kg	

(8) For the purpose of calculating the total weight of the aircraft the respective total weights of the baggage and cargo entered in the load sheet shall be computed from the actual weight of each piece of baggage, cargo or cargo container and for that purpose each piece or container shall be separately weighed:

Provided that, in the case of a Tongan aircraft of which the maximum total weight authorised exceeds 18,000 kg or which has a total seating capacity of 30 or more persons, the total weights of the baggage may, subject to the provisions of paragraph (9), be calculated at not less than the weights shown in Table 2 and the load sheet shall bear a notation to that effect;

(ii) the altitude at the airport;

(iii) the air temperature at the airport;

(iv) the condition of the surface of the runway from which the take-off will be made;

(v) the slope of the surface of the airport in the direction of take-off over the take off run available, the take-off distance available and the emergency distance available, respectively; and

(vi) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off,

do not exceed the take-off run, the take-off distance and the emergency distance available, respectively, at the airport at which the take-off is to be made; in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take-off shall not be nearer to the start of the take-off run than the point at which in ascertaining the take-off run required and the take-off distance required, he is assumed to decide to continue the take-off, in the event or power unit failure.

Condition (c): The nett take-off flight path with one power unit inoperative, specified as being appropriate to -

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the aircraft;

(iii) the air temperature at the airport; and

(iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off,

and plotted from a point 35 feet or 50 feet, as appropriate, above the end of the take-off distance required at the airport at which the take-off is to be made to a height of 1,500 feet above the airport, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet; and if it is intended that the aircraft shall change its direction of flight by more than 15º the vertical interval shall not be less than 50 feet during the change of direction.

For the purpose of this condition an obstacle shall be deemed to be in the path of the aircraft if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed -

(i) a distance of 60 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight of the aircraft; or

(ii) 900 metres,

whichever is less.

In assessing the ability of the aircraft to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

Condition (d): The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of at least 2,000 feet any obstacles within 10 nautical miles either side of the intended track, to an airport at which it can comply with condition (g) of this paragraph, relating to an alternate airport, and arrival over such airport the gradient of the specified nett flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the airport; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:

Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the pilot in command of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this paragraph shall have effect as if 5 nautical miles were substituted for 10 nautical miles.

Condition (e): (i) In the case of an aeroplane having three or more power units, it will, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion therefore more than 90 minutes flying time in still air with all power units operating at the economical cruising speed, from the nearest airport at which it can comply with condition (g) of this paragraph, relating to; an alternate airport, be capable of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2000 feet obstacles within 10 nautical miles either side of the intended track to such an airport and on arrival over such an airport the gradient of the specified nett flight path with two power units inoperative shall not be less than zero at 1500 feet above the airport and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:

Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the pilot in command of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this paragraph shall have effect as if 5 nautical miles were substituted for 10 nautical miles; or

(ii) In the case of an aeroplane having two power units and a maximum total weight authorised which exceeds 5700 kg and which is not limited by its certificate of airworthiness to the carriage of less than 20 passengers, it will, in the meteorological conditions expected for the flight, at any point along the route or on any planned diversion therefrom, not be more than 60 minutes flying time at the normal one engine inoperative cruise speed in still air from the nearest airport at which it can comply with condition (g) of this paragraph, relating to an alternate airport, unless it is flying under and in accordance with the terms of any written permission granted by the Minister to the operator under this condition; or

(iii) In the case of an aeroplane having two power units and a maximum total weight authorised 5700 kg or less or in the case of an aeroplane having two power units and a maximum total weight authorised of more than 5700 kg but which is limited by its certificate of airworthiness to the carriage of less than 20 passengers the aeroplane will, in the meteorological conditions expected for the flight, not be more than 90 minutes flying time in still air at the all power units operating economical cruising speed from the nearest airport at which it can comply with condition (g) of this paragraph, relating to an alternate airport.

Condition (f): The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the airport at which it is intended to land and at any alternate airport.

Condition (g): The landing distances required, respectively specified as being appropriate to airports of destination and alternate airports, do not exceed, at the airport at which it is intended to land or at any alternate airport, as the case may be, the landing distance available on -

(i) the most suitable runway for a landing in still air conditions; and

(ii) the runway that may be required for landing because of the forecast wind conditions:

Provided that if an alternate airport is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate airport when assessing the ability of the aeroplane to satisfy this condition at the airport of destination.

For the purposes of this condition the landing distance required shall be that specified as being appropriate to -

(i) the landing weight;

(ii) the altitude of the airport;

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the airport;

(iv) (a) a level surface in the case of runway usable in both directions;

(b) the average slope of the runway in the case of runways usable in only one direction; and

(v) (a) still air conditions in the case of the most suitable runway for landing in still air conditions;

(b) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

(6) For the purposes of paragraph (1) of this regulation a Tongan aeroplane in respect of which there is in force a certificate of airworthiness in which the aeroplane is designated as being of performance group C shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off is such that the following conditions are satisfied:-

Condition (a): That the weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the airport at which the take-off is to be made.

Condition (b): that the take-off run required and the take-off distance required, specified as being appropriate to -

(i) the weight of the aircraft at the commencement of the take-off run;

(ii) the altitude of the airport;

(iii) the air temperature at the airport;

(iv) the average slope of the surface of the airport in the direction of take-off over the emergency distance available; and

(v) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off,

do not exceed the take-off run available and the emergency distance available, respectively, at the airport at which the take-off is to be made.

Condition (c): That subject to condition (d) of this paragraph the nett take-off flight path with all power units operating specified as being appropriate to -

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude of the airport;

(iii) the air temperature at the airport;

(iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off,

and plotted from a point 50 feet above the end of the take-off distance required of the airport at which the take-off is to be made to a height of 1,500 feet above the airport shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet; and if it is intended that the aircraft shall change its direction of flight by more than 15° before reaching 1,500 feet the vertical interval shall be not less than 50 feet while the aircraft is changing direction.

For the purpose of this condition an obstacle shall be deemed to be in the path of the aircraft if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the airport does not exceed 75 metres:

In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

Condition (d): In the case of an aeroplane which is intended to be flown for any period before reaching a height of 1,500 feet above the airport from which the take-off is to be made in conditions which will not ensure that any obstacles can be located by means of visual observations, the nett take-off flight path with one power unit inoperative specified as being appropriate to the factors contained in sub-paragraphs (i) to (iv) of condition (c) of this paragraph and plotted from the point on the nett take-off flight path with all power units operating specified as being appropriate to those factors at which in the meteorological conditions expected for the flight the loss of visual reference would occur, shows that the aeroplane will clear by a vertical interval of not less than 35 feet any obstacle in its path and if it is intended that the aeroplane shall change its direction of flight by more than 15° the vertical interval shall not be less than 50 feet during the change of direction.

For the purpose of this condition an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed:-

(i) 75 metres plus one-eighth of the distance from such point to the end of the emergency distance available measured along the intended line of flight of the aeroplane; or

(ii) 900 metres

whichever is less.

In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

Condition (e): The aeroplane at any time after it reaches a height of 1,500 feet above the airport from which the take-off is made will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1,500 feet above an airport at which a safe landing can be made and after arrival at that point, be capable of maintaining that height:

Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling, with all power units operating, specified as being appropriate to its estimated weight at that point.

Condition (f): The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the airport at which it is intended to land and at any alternate airport.

Condition (g): Subject to condition (h) of this paragraph the distance required by the aeroplane to land from a height of 50 feet otherwise than in accordance with specified data for short field landing does not, at the airport at which it is intended to land and at any alternate airport, exceed 70 per cent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions: and for the purposes of this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to -

(i) the landing weight;

(ii) the altitude at the airport;

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the airport;

(iv) (a) a level surface in the case of runways usable in both directions;

(b) the average slope of the runway in the case of runways usable in only one direction; and

(v) (a) still air conditions in the case of the most suitable runway for landing in still air conditions;

(b) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

Condition (h): As an alternative to condition (g) of this paragraph, the distance required by the aeroplane with all power units operating and one power unit inoperative, to land in accordance with specified data for short field landing, does not at the airport of intended destination and at any alternate airport exceed the landing distance available on the most suitable runway for a landing in still air conditions and on the runway that may be required for landing because of the forecast wind conditions; and for the purpose of this condition the distance required to land from the appropriate heights shall be taken to be that specified as being appropriate to the factors set forth in sub-paragraphs (i) to (v) of condition (g) of this paragraph and the appropriate height shall be:-

(a) for a landing with all power units operating, any height between 30 and 50 feet in Tonga and 50 feet elsewhere; and

(b) for a landing with one power unit inoperative, 50 feet in Tonga and elsewhere;

Provided that -

(i) if the specified distance required to land with one power unit inoperative from a height of 50 feet at the airport of intended destination exceeds the landing distance available, it shall be sufficient compliance with sub-paragraph (b) if an alternate airport which has available the specified landing distance required to and with one power unit inoperative from such a height, is designated in the flight plan;

(ii) the distance required by the aeroplane to land shall be determined in accordance with condition (g) of this paragraph and not in accordance with this condition if it is intended to land at night, or when the cloud ceiling or ground visibility forecast for the estimated time of landing at the airport at which it is intended to land and at any alternate airport, in accordance with the specified data for short field landing with all power units operating, are less than 500 feet and 1500 metres respectively.

(7) For the purpose of paragraph (1) of this regulation, a Tongan aeroplane in respect of which there is in force a certificate of airworthiness in which the aeroplane is designated as being of performance group D shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the airport of departure and forecast for the estimated time of landing at the airport at which it is intended to land and at any alternate airport are less than 1,000 feet and 1,500 metres respectively and shall not fly for the purpose of public transport at any other time unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied:

Condition (a): The weight does not exceed the maximum take-off weight specified for the altitude and air temperature at the airport at which the take-off is to be made.

Condition (b): The take-off run required and the take-off distance required, specified as being appropriate to -

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude of the airport;

(iii) the air temperature at the airport;

(iv) the average slope of the surface of the airport in the direction of take-off over the emergency distance available; and

(v) not more than 50 per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take-off,

do not exceed the take-off run available and the emergency distance available, respectively, at the airport at which the take-off is to be made.

Condition (c): The nett take-off flight path with all power units operating, specified as being appropriate to -

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the airport;

(iii) the air temperature at the airport; and

(iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off,

and plotted from a point 50 feet above the end of the take-off distance required at the airport at which the take-off is to be made to the point at which the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet except that if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1,000 feet the vertical interval shall be not less than 50 feet while the aeroplane is changing direction.

For the purpose of this condition an obstacle shall be deemed to be in the path of the aeroplane of the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.

In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

Condition (d): The aeroplane at any time after it reaches a height of 1,000 feet above the airport from which take-off is to be made, will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the maximum specified continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitudes for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1,000 feet above a place at which a safe landing can be made:

Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling with all power units operating specified as being appropriate to its estimated weight at that point.

Condition (e): The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the airport at which it is intended to land and at any alternate airport.

Condition (f): The distance required by the aeroplane to land from a height of 50 feet does not, at the airport at which it is intended to land and at any alternate airport, exceed 70 per cent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to -

(i) the landing weight;

(ii) the altitude at the airport;

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the airport;

(iv) (a) a level surface in the case of runways usable in both directions;

(b) the average slope of the runway in the case of runways usable in only one direction; and

(v) (a) still air conditions in the case of the most suitable runway for a landing in still 
air conditions;

(b) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

(8) For the purposes of paragraph (1) of this regulation a Tongan aeroplane in respect of which there is in force a certificate of airworthiness in which the aircraft is designated as being of performance group E shall not fly for the purpose of public transport unless the weight of the aircraft at the commencement of the take-off run is such that the following conditions are satisfied:-

Condition (a): That the weight does not exceed the maximum take-off weight for the altitude and the air temperature at the airport at which is the take-off is to be made specified as being appropriate to -

(i) the weight at which the aeroplane is capable, in the en-route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and

(ii) the weight at which the aeroplane is capable, in the en-route configuration and if it is necessary for it is to be flown solely by reference to instruments for any period before reaching the minimum altitude for safe flight on the first stage of the route to be flown, stated in or calculated from the information contained in the operation manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute.

Condition (b): The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of 1.33 does not exceed the emergency distance available at the airport at which the take-off is to be made. The distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to -

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the airport;

(iii) the air temperature at the airport; and

(iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off.

Condition (c): The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual to a point 1,000 feet above a place at which a safe landing can be made:

Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route or on any planned diversion therefrom at an altitude exceeding that at which it is capable of a rate of climb with all power units operating within the maximum continuous power conditions specified, of 150 feet per minute and if it is necessary for it to be flown solely by reference to instruments be capable with one power unit inoperative, of a rate of climb of 100 feet per minute.

Condition (d): The landing weight of the aeroplane for the altitude and the expected air temperature for the estimated time of landing at the airport at which it is intended to land and at any alternate airport will not exceed the maximum landing weight specified -

(i) at which the aeroplane is capable, in the en-route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and

(ii) at which the aeroplane is capable, in the en-route configuration and, if it is necessary for it to be flown solely by reference to instruments, for any period after leaving the minimum altitude for safe flight on the last stage of the route to be flown, stated in, or calculated from the information contained in the operations manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute.

Condition (e): The landing distance required does not, at the airport at which it is intended to land and at any alternate airport, exceed 70 per cent of the landing distance available on the most suitable runway for a landing in still air condition, and for the purposes of this sub-paragraph the distance required to land from a height of 50 feet shall be taken to, be that specified us being appropriate to -

(i) the landing weight;

(ii) the altitude at the airport; and

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the airport.

Condition (f): An aeroplane designated as an aeroplane of performance group E shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the airport of departure and forecast for the estimated time of landing at the airport at which it is intended to land and at any alternate airport are less than 1,000 feet and 1,500 metres respectively:

Provided that the foregoing prohibition shall not apply if the aeroplane is capable, in the en-route configuration and with one power unit inoperative, of a rate of climb of 150 feet per minute.

(9) Any airplane which does not have a performance group specified under these Regulations in its certificate of Airworthiness shall be operated in accordance with conditions specified or approved by the Minister.

Public Transport - Operations Manual

44. (1) This regulation shall apply to all public transport aircraft registered in Tonga except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either:-

(a) flights solely for training persons to perform duties in an aircraft; or

(b) flights intended to begin and end at the same airport.

(2) the operator of every aircraft to which this regulation applies shall -

(a) make available to each member of his operating staff an operations manual;

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.

(3) Each operations manual shall contain all information and instructions necessary to enable the operating staff to perform their duties as such, including in particular information and instructions relating to the undermentioned:-

(a) the number of the crew to be carried in the aircraft, on each stage of any route to be flown, and the respective capacities in which they are to act, and instructions as to the order and circumstances in which command is to be assumed by members of the crew;

(b) the respective duties of each member of the crew and the other members of the operating staff;

(c) any particulars required to be entered under a scheme approved under Regulation 50(1)(b);

(d) such technical particulars concerning the aircraft, its engines and equipment and concerning the performance of the aircraft as may be necessary to enable the flight crew of the aircraft to perform their respective duties;

(e) the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computed and records of fuel and oil carried and consumed on each stage or the route to be flown are to be maintained; the instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft's engines;

(f) the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in the aircraft for the purpose of complying with Scale K of Regulation 23 (6) of these Regulations, is to be computed;

(g) the check system to be followed by the crew of the aircraft prior to and on take-off, on landing and in an emergency, so as to ensure that the operating procedures contained in the operations manual and in the operations manual and in the flight manual or performance schedule forming part of the relevant certificate of airworthiness are complied with;

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

(i) the circumstances in which oxygen is to be used by the crew of the aircraft, and by passenger;

(j) communication, navigational aids, airports; local regulations; in-flight procedures, approach and landing procedures and such other information as the operator may deem necessary for the proper conduct of flight operations; the information referred to in this sub-paragraph shall be contained in a route guide, which may be in the form of a separate volume;

(k) the reporting in the flight to the notified authorities of meteorological observations;

(1) the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom, such minimum altitudes being not lower than any which may be applicable under the law of Tonga or be notified by the Minister or by the Competent authority in any other country which is to be flown over;

(m) the particulars referred to in Regulation 38;

(n) emergency flight procedures, including emergency duties assigned to each crew member, action in the event of flight crew incapacitation, procedures for the instruction of passengers in the position and use of emergency equipment and procedures to be adopted when the pilot in command of the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance;

(o) a check list of emergency and safety equipment;

(p) the labelling and marking of dangerous goods, the manner in which they must be loaded on an aircraft and the responsibilities of the members of the crew in respect of the carriage of dangerous goods.

Provided that in relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with sub-paragraphs (j) and (l), the manual contains such information and instructions as will enable the equivalent data to be ascertained before take-off.

(4) The operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.

(5) An aircraft to which this regulation applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Minister a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

(6) Any amendments or additions to the operations manual shall be furnished to the Minister by the operator before or immediately after they come into effect;

Provided that where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Minister.

(7) Without prejudice to the provisions of paragraph (5) and (6) the operator shall make such amendments or additions to the operations manual as the Minister may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

(8) For the purposes of this regulation "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.

Public Transport - Training Manual

45. (1) A Tongan aircraft engaged for the purpose of public transport shall not be flown unless the operator thereof has furnished to the Minister, not less than 30 days prior to such flight, a copy of his training manual relating to the crew of that aircraft.

(2) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or supervise the training, experience, practice and periodical tests required under Regulation 37 to perform his duties as such including in particular information and instructions relating to matters specified in paragraph (6) of this regulation.

(3) The operator of the aircraft to which the provisions of paragraph (1) apply shall:

(a) make a copy of the training manual available to every person appointed by the operator for the purposes referred to in paragraph (2); and

(b) ensure that each copy of the training manual is kept up-to-date,

(4) Any amendments or additions to the training manual shall be furnished to the Minister by the operator before or immediately after they come into effect:

Provided that where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Minister.

(5) the operator of an aircraft to which the provisions of paragraph (1) apply shall make such amendments or additions to the training manual as the Minister may inquire for the purpose of  ensuring the safety of the aircraft or of person or property carried therein or the safety, efficiency or regularity of air navigation.

(6) The following information and instructions in relation to the training, experience, practice and periodical tests required under paragraph (2) shall be included in the training manual.

(a) the manner in which the training, practice and periodical tests required under Regulation 37 (2) and specified in Regulation 46 are to be carried out;

(b) (i) the minimum qualifications and experience which the operator requires of persons appointed by him to give or to supervise the said training practice and periodical tests;

(ii) the type of training, practice and periodical tests which each such person is appointed to give or to supervise; and

(iii) the type of aircraft in respect of which each such person is appointed to give or to supervise the said training, practice and periodical tests;

(c) the minimum qualifications and experience required of each member of the crew undergoing the said training, practice and periodical tests;

(d) the syllabus for, and specimen forms for recording, the said training, practice and periodical tests;

(e) the manner in which instrument flight conditions and engine failure are to be simulated in the aircraft in flight;

(f) the extent to which the said training and testing is permitted in the course of flights for the purpose of public transport;

(g) the use to be made in the said training and testing of apparatus approved for the purpose by the Minister.

Public Transport - Crew Training and Tests

46. (1) The training, experience, practice and periodical tests required under Regulation 37 (2) in the case of members of the crew of an aircraft engaged on a flight for the purpose of public trasport shall be as follows:

(a) Every member of the crew shall -

(i) have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life saving equipment required to be carried in the aircraft on the flight; and

(ii) have practised within the relevant period under the supervision of the operator or of a person appointed by him for the purpose, the carrying out of the duties required of him in case of an emergency occurring to the aircraft, either in an aircraft of the type to be used on the flight or in apparatus approved by the Minister for the purpose and controlled by persons so approved.

(b) Every pilot included in the flight crew who is intended by the operator to fly as pilot in circumstances requiring compliance with the Instrument Flight Rules shall within the relevant period have been tested by or on behalf of the operator -

(i) as to his competence to perform his duties while executing normal manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft;

(ii) as to his competence to perform his duties in instrument flight conditions while executing emergency manoeuvres and procedures in flight in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft.

A pilot's ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight. The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Minister for the purpose by the means of a flight simulator approved by the Minister.

The tests specified in sub-paragraph (1) (b) (i) when conducted in aircraft in flight shall be carried out either in actual instrument flight conditions or in instrument flight conditions simulated by means approved by the Minister.

(c) Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly in circumstances requiring compliance with the Instrument Flight Rules, shall within the relevant period have been tested, by or on behalf of the operator in flight in an aircraft of the type to be used on the flight;

(i) as to his competence to act as pilot thereof while executing normal manoeuvres and procedures; and

(ii) as to his competence to act as pilot thereof while executing emergency manoeuvres and procedures.

(d) Every pilot included in the flight crew who is seated at the flying controls during take-off or landing shall within the relevant period:-

(i) have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the airport of intended landing and any alternate airport, such test being carried out either in flight in instrument flight conditions; or in instrument flight conditions simulated by means approved by the Minister or under the supervision of a person approved by the Minister for the purpose by means of a flight simulator approved by the Minister, and

(ii) have carried out when seated at the flying controls not less than three take-off and three landings in aircraft of the type to be used on the flight.

(e) Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator -

(i) as to his competence to perform his duties while executing normal procedures in flight, in an aircraft of the type to be used on the flight.

(ii) as to his competence to perform his duties while executing emergency procedures in flight, in an aircraft of the type to be used on the flight.

A flight engineer's ability to carry out normal procedures shall be tested in an aircraft in flight. The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under supervision of a person approved by the Minister for the purpose by means of a flight simulator approved by the Minister.

(f) Every flight navigator and flight radio operator whose inclusion in the flight crew is required under Regulation 31 shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight -

(i) in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flight for purposes of navigation;

(ii) in the case of flight radio operator using radio equipment of the type installed in the aircraft to be used on the flight, and including a test of his ability to carry out emergency procedures.

(2) In this regulation "relevant period" means a period which immediately precedes the commencement of the flight, being a period -

(a) in the case of sub-paragraph (1) (d) (ii), of three months;

(b) in the case of sub-paragraphs (1) (b) (ii), (1) (c) (i) and (1) (e) (ii), of six months; and

(c) in the case of sub-paragraphs (1) (a) (i) and (ii), (1) (c) (i), (1) (e) (i) and (f), of thirteen months:

Provided that -

Any pilot of an aircraft to whom the provisions sub-paragraphs (1) (b) (ii), (1) (c) (ii) or (1) (d) (i), and any flight engineer of the aircraft to whom the provisions of sub-paragraph (1) (e) (ii) apply shall for the purposes of the flight be deemed to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of 13 months immediately preceding the flight, such occasions being separated by an interval of not less than 4 months.

Public Transport - Training and Test of Pilot in Command

47. (1) Without prejudice to the provisions of Regulation 46 the training, experience and practice of the pilot in command of the aircraft for the flight shall include the requirement that within the relevant period he has demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken, the airports of take-off and landing, and any alternate airports, including in particular knowledge of -

(a) the terrain,

(b) the seasonal meteorological conditions,

(c) the meteorological communications,

(d) air traffic facilities, services and procedures,

(e) the search and rescue procedures, and

(f) the navigational facilities

relevant to the route.

(2) In determining whether a pilot's knowledge of the matters referred to in paragraph (1) is sufficient to render him competent to perform the duties of pilot in command on the flight, the operator shall take into account the pilots flying experience in conjunction with the following -

(a) the experience of other members of the intended flight crew;

(b) the influence of terrain and obstructions on departure and approach procedures at the airports of take-off and intended landing and at alternate airports;

(c) the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar;

(d) the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight;

(e) the reliability of meteorological forecasts and the probability of difficult meteorological conditions in the areas to be traversed;

(f) the adequacy of the information available regarding the airport of intended landing and any alternate airport;

(g) the nature of air traffic control procedures and familiarity of the pilot with such procedures;

(h) the influence of terrain en route conditions and the extent of the assistance obtainable en route from navigational aids and air-to-ground communication facilities;

(i) the extent to which it is possible for the pilot to become familiar with unusual airport procedures and features of the route by means of ground instruction and training devices.

(3) In this regulation "relevant period" means the period of thirteen months immediately preceding the commencement of the flight;

Provided that the requirements of paragraph (2) shall be deemed to have been complied with within the relevant period by a pilot designated as pilot in command of the aircraft for the flight if, having become qualified so to act on flights between the same places over the same route more than 10 months before commencement of the flight, he has within the period of 13 months immediately preceding the flight flown as pilot of an aircraft between those places over that route.

Public Transport - Records Relating to Training

48. (1) The records to be maintained by an operator under Regulation 37 (2) shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator -

(a). the date and particulars of each test required by these Regulations undergone by that person during the said period including the name and qualifications of the examiner;

(b) the date upon which that person last practiced the carrying out of duties referred to in Regulation 46 (1) (a) (ii);

(c) The operator's conclusions based on each such test and practice as to that person's competence to perform his duties;

(d) the date and particulars of any decision taken by the operator during the said period in pursuance of Regulation 47 (1) including particulars of the evidence upon which that decision was based.

(2) The operator shall whenever called upon to do so by the Minister or any authorised person produce for inspection all records referred to in paragraph (1) of this Regulation and furnish to the Minister or the authorised person all such information as it or he may require in connection with any such records and produce for inspection all log books, certificates, papers and other documents, whatsoever which it or he may reasonably require to see for the purpose of determining whether such records are completed or of verifying the accuracy of their contents.

(3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of public transport aircraft by whom that person may subsequently be employed particulars of any qualifications in accordance with these Regulations obtained by such person whilst in his service.

PART IV
FLIGHT TIME LIMITATIONS

Application

49. Regulations, 50, 52 and 53 apply in relation to any Tongan aircraft which is either engaged in a flight for the purposes of public transport or aerial work or is operated by an air transport undertaking, but not to any other Tongan aircraft.

Responsibility to Prevent Fatigue of Flight Crew

50. (1) The operator of an aircraft shall not cause or permit that aircraft to make a flight unless:-

(a) he has established a scheme for the regulation of flight times, duty periods and rest periods for every person flying in that aircraft as a member of its crew, and

(b) the scheme is approved by the Minister subject to such conditions and amendments he thinks fit; and

(c) either the scheme is incorporated in the operator's operations manual, or when an operations manual is not required, in a document, a copy of which has been made available to every person flying in that aircraft as a member of the crew; and

(d) he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

(2) The operator of an aircraft shall not cause or permit any person fly thereon as a member of its crew if he knows or has reason to believe that person is suffering from, or having regard to the circumstances of the flight to be undertaken, is likely to suffer from such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

(3) A person shall not act as a member of the crew of an aircraft if he knows or has reason to believe that he is suffering from, or having regard to the circumstances of the flight to be undertaken, is likely to suffer from such fatigue as may endanger the safety of the aircraft or of its occupants.

Flight Time Limitations

51. (1) A person shall not act as a member of the flight crew of Tongan aircraft if at the beginning of the flight the aggregate of all his previous flight times:

(a) during the period of 168 consecutive hours immediately preceding the time at which the flight begins exceeds 40 hours;

(b) during the twenty eight consecutive days immediately preceding the day on which the flight begins exceeds 100 hours;

(c) during the period of three hundred and sixty four consecutive days immediately preceding the day on which the flight begins exceeds 1,000 hours, or if within the ten consecutive days preceding the day on which the flight begins that person has not had a continuous period of rest of at least 36 hours, which includes at least two periods between the hours of 2300 and 0400 local standard time.

(2) An operator shall not cause or take any steps calculated to cause a person to act as a member of the flight crew of an aircraft in contravention of paragraph (1).

Records of Duty Periods and Flight Times

52. (1) The operator of an aircraft shall maintain an accurate and up-to-date record in respect of every person employed by him as a member of the flight crew of the aircraft for any flight in respect of the 28 days immediately preceding such flight showing:-

(a) all his flight times,

(b) all his duty periods.

(2) The record referred to in paragraph (1) shall be preserved for a period of 12 months from the date of any flight referred to therein.

Reports

53. If in respect of any flight of an aircraft the flight times or duty periods of any member of the flight crew of that aircraft exceed the duty period or the flight times established in respect of that person for that flight by the operator in accordance with the requirements of Regulation 50 (1) (a) that person shall report the circumstances in writing to the operator, and the operator shall forward the report with his comments to the Minister within seven days of the termination of this flight.

PART V
PERSONNEL LICENSING

Licenses and Ratings

54. (1) A person shall not perform any duty or exercise any function for which a license, or rating is required under this Part unless he is the holder of an appropriate license, or rating authorizing him to perform that duty or exercise that function.

(2) The Minister may in accordance with the provisions of this Part grant or renew the licences and ratings specified hereunder subject to such conditions as he thinks fit, and upon being satisfied that an applicant therefore is a fit and proper person to hold the licence or rating applied for and is qualified by reason of his knowledge, experience, competence, skill and (except in the case of aircraft maintenance engineers) is physicaly and mentally fit to act in the capacity to which the licence or the rating relates;

(a) Private Pilot's Licence (Balloons, Aeroplanes and Helicopters)

(b) Commercial Pilot's Licence (Aeroplanes and Helicopters)

(c) Senior Commercial Pilot's Licence (Aeroplanes)

(d) Airline Transport Pilot's Licence (Aeroplanes and Helicopters)

(e) Flight Navigator's Licence

(f) Flight Engineer's Licence

(g) Flight Radiotelephony Operator's (General) Licence

(h) Flight Radiotelephony Operator's (Restricted) Licence

(i) Aircraft Maintenance Engineer's Licence

(j) Aircraft Rating

(k) Instrument Rating

(1) Flight Instructor's Rating

(m) Assistant Flight Instructor's Rating.

General Privileges and Conditions for Issue or Renewal of Licences

55. (1) For the purposes of Regulation 54 the applicant for a licence or rating shall furnish such evidence of having acquired such experience, and shall pass such tests and examinations, as may be required by the Minister.

(2) Subject to the provisions of these Regulations, and to any condition of the licence, a licence of any class specified in Regulation 62 shall entitle the holder to perform the function specified in that regulation in respect of that licence under the heading "privileges"; and a rating of any class specified in Regulation 65 shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in that regulation.

(3) Subject to the provisions of Regulations 31 (9) and 67 the holder of a licence shall not be entitled to perform any of the functions specified in Regulation 65 in respect of a rating unless his licence includes that rating.

(4) The holder of a licence shall not be entitled to perform any of the functions to which his licence or rating relates if he knows or has reason to believe that his physical or mental condition renders him temporarily or permanently unfit to perform such function.

(5) The holder of a licence which includes an instrument rating, assistant flight instructor's rating or flight instructor's rating shall not be entitled to perform the functions relating to the ratings included in the licence unless the licence bears a certificate signed by a person authorised by the Minister to sign such certificates, indicating that the holder has, within the period of 13 months, in the case of instrument rating and an assistant flight instructor's rating and 25 months in the case of a night instructor's rating, preceding the day on which he performs those functions, passed a test of his ability to perform the functions to which the rating relates, being a test required by the Minister.

(6) Every holder of licence, other than a flight radiotelephony operator's licence, granted or rendered valid under these Regulations who -

(a) suffers any personal injury involving incapacity to undertake the functions to which his licence relates; or

(b) suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or

(c) in the case of a woman, has reason to believe that she is pregnant;

Shall inform the Minister in writing of such injury, illness or pregnancy, as soon as possible in the case of an injury or pregnancy, an as soon as the period of 20 days has elapsed in the case of illness.

(7) A licence, other than a flight radiotelephony operator's licence, granted or rendered valid under these Regulations shall be deemed to be suspended upon the occurrence of such an injury, or the elapse of such period of illness as is referred to in paragraph (6) of this regulation. The suspension of the licence shall cease:

(a) upon the holder being medically examined under arrangements made by the Minister and declared fit to resume his functions under the licence; or

(b) upon the Minister exempting the holder from the requirement of a medical examination, subject to such conditions as the Minister may think fit.

(8) Upon the pregnancy of the holder of a licence granted or rendered valid under these Regulations being confirmed, the licence shall be deemed to be suspended and shall remain suspended until she has been medically examined under arrangements made by the Minister after the pregnancy has ended and pronounced fit to resume her functions under the licence.

(9) Nothing in these Regulations shall prohibit the holder of a pilot's licence from acting as a pilot of an aircraft having a maximum total weight authorised of not more than 5,700 kg when he is testing, with the permission of the Minister, any person for the purposes of this regulation, notwithstanding that the type of aircraft in which the test in conducted is not specified in the aircraft rating included in his licence.

Minimum Age

56. (1) No person under 16 years of age shall have sole control of a glider in flight and no person under 17 years of age shall have sole control of an aircraft other than a glider in flight.

(2) The minimum age of a person who is otherwise qualified and to whom a licence of any class may be granted under the provisions of this Part shall be the minimum age specified in Regulation 62 for a licence of that class.

Medical Standards

57. (1) No licence or rating referred to in Regulation 54 being a licence or rating which is granted or renewed subject to physical and mental fitness shall be issued or renewed unless the applicant undergoes medical examination with an approved medical authority and satisfies the medical standards notified by the Minister.

Provided that if in the opinion of the approved medical authority the failure of the applicant to meet a prescribed medical standard is not such as to introduce any hazard either of sudden incapacity or of inability to perform his duties safely during the validity of his licence or rating and is capable of being compensated and the Minister has satisfactory evidence that the applicant has already acquired and demonstrated his ability, skill and experience which compensate for failure, the licence or rating may be renewed or endorsed with any special limitations when safe performance of flight duties is dependent on compliance with such limitations.

(2) The Minister may require the holder of a licence or rating issued or rendered valid under these Regulations to undergo a medical examination by the approved medical authority at any time if, in his opinion, such examination is necessary in the interest of safety of aircraft operations.

(3) In this regulation "approved medical authority" means any person or persons (being in the opinion of the Minister, suitably qualified) approved by the Minister for the purposes of his regulation.

Checks, Tests and Examinations

58. (1) For the purposes of issue or renewal of licences and ratings under this Part, the Minister may -

(a) conduct examinations and lay down the procedure for conducting such examinations;

(b) appoint examiners for carrying out flying tests, technical examinations and oral examinations when necessary;

(c) determine the manner in which such test and examinations shall be carried out and appoint the persons including those persons holding pilot's licences of any of the classes specified in Regulation 62 for the purpose of carrying out such tests and examinations.

(2) The Minister may require such examiners to submit their reports to him in respect of any flying test on any aircraft for which an aircraft rating is sought to be included in a licence, or which is included in a licence the renewal of which is desired, or for testing proficiency at any time in respect of any aircraft specified in the aircraft rating included in the licence.

(3) The syllabi for the technical examinations for the issue or renewal of flight crew licences specified in Regulation 54 (2) shall be as notified by the Minister from time to time.

Validity of Licences

59 A licence granted or renewed under Regulation 54 shall, subject to Regulation 165 remain in force for such period as may be indicated in the licence upon its grant or renewal, as the case may be, not exceeding the period specified in Regulation 62 for a licence of that class.

Validation of Foreign Licence

60. Where a licence to act as a member of the flight crew of aircraft has been granted under the law of a country other than Tonga and is for the time being in force, the Minister may, subject to such conditions and limitations and for such period as he thinks fit, issue a certificate of validation rendering such licence valid for the purpose of flying Tongan aircraft as if it had been granted under these Regulations.

Signature of Licence Holder

61. On the issue of a licence to an applicant, he shall forthwith sign his name on the licence in ink with his ordinary signature.

Classes of Licences, Validity and Privileges

62. The classes of licences which may be issued pursuant to Regulation 54 are as follows:-

PRIVATE PILOT'S LICENCE (Balloons)

Minimum age - 17 years

Maximum period of validity - 24 months from the date of issue or renewal of the licence.

Privileges - Subject to the endorsements and ratings included in the licence, the holder of the licence shall be entitled to act as pilot in command of any type of balloon which is entered in the aircraft rating included in the licence and may carry passengers:

Provided that -

(a) he shall not fly such a balloon for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests, in either case, in a balloon owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instructions or undergoing the test are both members;

(b) he shall not receive any remuneration for his services as a pilot on a flight other than remuneration for the giving of such instruction or the conducting of such flying tests as are specified in paragraph (a) of this proviso;

(c) he shall not be entitled to act as pilot in command on a flight, at night unless he has carried out two ascents by night of an average duration of two hours each under the supervision of a holder of a private pilot's licence (Balloons) who is so qualified.

PRIVATE PILOT'S LICENCE (Aeroplanes)

Minimum age - 17 years

Maximum period of validity - 24 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of endorsements and ratings included in the licence, the holder of the licence shall be entitled to act as pilot in command or co-pilot of any aeroplane which is specified in the aircraft rating included in the licence and may carry passengers except when the aeroplane is flying for the purpose of public transport or aerial work or when he receives any remuneration in respect of the flight, not being remuneration for the giving of instruction in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving and the person receiving the instruction are members:

Provided that the licence shall not entitle the holder to act as pilot in command or co-pilot at night on a flight on which passengers are carried unless the licence includes an instrument rating (aeroplanes) or he has within the preceding 6 months carried out as pilot in command not less than 5 take offs and 5 landings by night.

PRIVATE PILOT'S LICENCE (Helicopter)

Minimum age - 17 years

Maximum period of validity - 24 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of endorsements and ratings included in the licence, the holder of the licence shall be entitled to act as pilot in command or co-pilot of a helicopter of any type specified in the aircraft rating included in the licence, except when -

(a) the helicopter is flying for the purpose of public transport or aerial work; or

(b) the holder of the licence receives any remuneration in respect of the flight, other than remuneration for the giving of instruction in a helicopter owned, or operated under arrangements entered into, by a flying club of which the person giving and the person receiving the instruction are members:

Provided that the licence shall not entitle the holder to act as pilot in command at night on a flight on which any passenger is carried unless the holder has within the immediate preceding 90 days carried out as pilot in command not less than 5 flights, each consisting of a take-off, a transition from hover to forward flight, a climb to at least 500 and a landing, by night

COMMERCIAL PILOT'S LICENCE (Aeroplanes)

Minimum age - 18 years.

Maximum period of a validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of endorsements and ratings included in the licence, the holder of the licence shall be entitled -

(a) to exercise all the privileges of a private pilot's licence (aeroplanes);

(b) to act as pilot in command of any aeroplane of a type which is specified in the aircraft rating included in the licence when the aeroplane is engaged in a flight for any purpose whatsoever:

Provided that the holder of the licence -

(i) shall not, unless the licence includes an instrument rating; fly such an aeroplane on any scheduled journey;

(ii) shall not fly such an aeroplane at night on which any passenger is carried unless the licence includes an instrument rating or he has within the immediate preceding 90 days carried out as pilot in command not less than 5 take offs and 5 landings by night;

(iii) shall not, unless the licence includes an instrument rating, fly any such aeroplane of which the maximum total weight authorised exceeds 2,300 kg on any flight for the purpose of public transport, except a flight begining and ending at the same airport and not extending beyond 25 nautical miles from that airport;

(iv) shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorised exceeds 5,700 kg;

(c) to act as co-pilot of any aeroplane of a type which is specified in the aircraft rating included in the licence when the aeroplane is engaged in a flight for any purpose whatsoever.

COMMERCIAL PILOT'S LICENCE (Helicopters)

Minimum age - 18 years

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of the endorsements and ratings included in the licence, the holder of the licence shall be entitled:-

(a) to exercise all the privileges of a Private Pilot's Licence (Helicopters);

(b) to act as pilot in command of any helicopter of a type which is specified in the aircraft rating included in the licence when the helicopter is engaged in a flight for any purpose whatsoever;

Provided that the holder of the licence -

(i) shall not fly such a helicopter at night on a flight on which any passenger is carried unless he has within the immediate preceding 90 days carried out as a pilot in command not less than 5 flights, each consisting of a take-off, a transition from hover to forward flight, a climb to at least 500 ft and a landing, by night;

(ii) shall not fly a helicopter on a flight for the purpose of public transport if its maximum total weight authorised exceeds 5,700 kg;

(c) to act as co-pilot of any helicopter of a type which is specified in the aircraft rating included in the licence when the helicopter is engaged in a flight for any purpose whatsoever.

SENIOR COMMERCIAL PILOT'S LICENCE (Aeroplane)

Minimum age - 21 years.

Maximum period of validity - 12 months from the date of issue of renewal of the licence.

Privileges - Subject to the validity of the endorsements and ratings included in the licence, the holder of the licence shall be entitled to exercise all the privileges of a Commercial Pilot's Licence (Aeroplanes) except that in proviso (iv) of paragraph (b) of the privileges, 20,000 kg shall be substituted for 5,700 kg.

AIRLINE TRANSPORT PILOT'S LICENCE (Aeroplanes)

Minimum age - 21 years.

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of the endorsements and ratings included in the licence the holder of the licence shall be entitled to exercise the privileges of a Private Pilot's Licence (Aeroplanes) and a Commercial Pilot's Licence (Aeroplanes) except that proviso (iv) of paragraph (b) of the privileges of the Commercial Pilot's Licence (Aeroplanes) shall not apply.

AIRLINE TRANSPORT PILOT'S LICENCE (Helicopters)

Minimum age - 21 years.

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of the endorsements and ratings included in the licence, the holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot's Licence (Helicopters), except that provision (ii) to paragraph (b) shall not apply.

FLIGHT NAVIGATOR'S LICENCE

Minimum age - 21 years.

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - The holder of the licence shall be entitled to act as a flight navigator on any flight where a flight navigator is required to be carried under Regulation 31.

FLIGHT ENGINEER'S LICENCE

Minimum age - 21 year

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the validity of the endorsement and ratings included in the licence, the holder of the licence shall be entitled to act as a flight engineer in any aircraft of a type specified in the aircraft rating included in the licence.

FLIGHT RADIOTELEPHONE OPERATOR'S (General) LICENCE

Minimum age - 18 years.

Maximum period of validity - 12 months from the date of renewal of the licence.

Privileges - Subject to the validity of the endorsements included in the licence, the holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft equipped with radio apparatus in accordance with these Regulations.

FLIGHT RADIOTELEPHONY OPERATOR'S (Restricted) LICENCE

Minimum age - 17 years.

Maximum period of validity - 12 months from the date of issue or renewal of the licence.

Privileges - Subject to the endorsements included in the licence, the holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintained automatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by the use of external switching devices.

Aircraft Maintenance Engineer's Licence

63. (1) The Minister may, in accordance with Regulation 54 (2), grant to any person applying therefore a licence of a category specified in Regulation 64 to act as an aircraft maintenance engineer and to sign such certificates in connection with maintenance, overhaul, repair, replacement, modification and inspection of aircraft or its equipment as may be required by or under these Regulations. The Minister may include a rating in the licence limiting the licence to particular types of aircraft or equipment.

(2) A licence of any category specified in Regulation 64 shall, subject to any conditions and ratings included therein, entitle the holder thereof to issue and sign certificates of maintenance, certificates of compliance or certificates of fitness for flight, as the case may be, specified in that regulation in respect a licence of that category.

Aircraft Maintenance Engineer's - Classes of Licenses

64. (1) The categories of licences which may be issued pursuant to Regulation 63 are as follows:

AIRCRAFT MAINTENANCE ENGINEER'S LICENCE - CATEGORY
A (Aircraft)

Privileges - The holder of the licence may, subject to the conditions of the licence, issue certificates as follows:

In relation to aircraft (not including engines) -

(i) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations:

(ii) certificates of compliance in respect of inspections, repairs, replacements, and modifications so approved;

(iii) certificates of fitness for flight of aircraft for the purpose of enabling it -

(a) to qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft; or

(b) to proceed to or from a place at which any inspection, approval, test or weighing of or installation of equipment in the aircraft is to take place for the purpose referred to in (a) above.

AIRCRAFT MAINTENANCE: ENGINEER'S
LICENCE - CATEGORY B (Aircraft)

Privileges - The holder of the licence may, subject to the conditions of the licence, issue certificates as follows:

In relation to aircraft (not including engines) -

certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications in accordance with these Regulations.

AIRCRAFT MAINTENANCE ENGINEER'S
LICENCE - CATEGORY C (Engines)

Privileges - The holder of the licence may, subject to the conditions of the licence, issue certificates as follows:

In relation to engines -

(i) certificates of maintenance in accordance with the maintenance schedules approved under these regulations;

(ii) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved;

(iii) certificates of fitness of aircraft engines for flight for the purpose of enabling the aircraft -

(a) to qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the engines of the aircraft; or

(b) to proceed to or from a place at which any inspection approval, test or weighing of, or installation of equipment in, the aircraft or the engines is to take place for the purpose referred to in (a) above.

AIRCRAFT MAINTENANCE ENGINEER'S
LICENCE - CATEGORY D (Engines)

Privileges - The holder of the licence may, subject to the conditions of the licence, issue certificates as follows:

In relation to engines -

certificates of compliance in respect of inspection, overhauls, repairs, replacements and modifications approved under these Regulations.

AIRCRAFT MAINTENANCE ENGINEER'S
LICENCE - CATEGORY X

Compasses.

Instruments.

Electrical Equipment.

Automatic Pilots.

Privileges - The holder of the licence may, subject to the condition of the licence, issue certificates as follows:-

In relation respectively to compasses, instruments, electrical equipment or automatic pilots -

(i) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations;

(ii) certificates or compliance in respect of inspections, repairs, replacements and modifications so approved.

AIRCRAFT MAINTENANCE ENGINEER'S
LICENCE - CATEGORY R (Radio)

Privileges - The holder of the licence may, subject to the conditions of the licence, issue certificates as follows:

In relation to aircraft radio stations -

(i) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations;

(ii) certificates of compliance in respect of inspection, repairs, replacements and modifications so approved.

The privileges of the licence shall also include the issue of certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications of any aircraft radio apparatus approved under these Regulations, if the licence bears an endorsement to that effect.

(2) A licence issued under this Regulation and any rating included therein shall, subject to the provisions of these Regulations, be valid or the periods specified therein, not exceeding two years, but may be renewed by the Minister from time to time upon its being satisfied that the applicant is a fit and proper person and is qualified.

(3) The Minister may issue a certificate rendering valid for the purposes of these Regulations any licence as an aircraft maintenance engineer or aircraft radio maintenance engineer granted under the law of any country other than Tonga. Such certificate may be issued subject to such conditions, and for such periods, as the Minister thinks fit.

Ratings

65. the following ratings may be included in a pilot's licence, granted under Regulations 54 and 62 and subject to the provisions of these regulations the inclusion of a rating in a licence shall have the consequences respectively specified hereunder:

Aircraft Rating

Where an aircraft rating is included in a pilot's licence the holder of the licence shall be entitled to act as pilot only of aircraft of the types specified in the aircraft rating and different types of aircraft may be specified in respect of different privileges of a licence.

Where an aircraft rating is included in a flight engineer's licence, the holder of the licence shall be entitled to act as flight engineer only of an aircraft of the type specified in the aircraft rating.

Instrument Rating (Aeroplanes Only)

Where an instrument rating (aeroplanes) is included in a pilot's licence, the holder of the licence shall be entitled to act as pilot of an aeroplane flying in controlled airspace in accordance with the Instrument Flight Rules.

Flight Instructor's Rating

Where a Flight Instructor's Rating is included in a pilot's licence, the holder of the licence shall be entitled to give instruction in flying aircraft of such types as may be specified in the rating. The maximum period of a flight instructor's rating shall be twelve months.

Assistant Flight Instructor's Rating

Where an Assistant Flight Instructor's Rating is included in a pilot's licence, the holder of the licence shall be entitled to give instruction in flying aircraft of such types as may be specified in the rating:

(a) such instruction shall only be given under the supervision of a person present during the take-off and landing at the airport at which the instruction is to begin and end and holding a pilot's licence endorsed with a flight instructors rating; and

(b) an assistant flight instructor's rating shall not entitle the holder of the licence to give directions to the person undergoing instruction is respect of the performance by that person of:-

(i) his first solo fight being a flight on which the pilot of the aircraft is not accompanied by a person holding a pilot's licence granted or rendered valid under these Regulations; or

(ii) his first solo flight by night; or

(iii) his first solo cross-country flight, being a flight during the course of which the aircraft is more than 5 nautical miles from the airport of departure; or

(iv) his first solo cross-country flight by night.

The maximum period of validity of an assistant flight instructor's rating shall be twelve months.

Instruction in Flying

66. (1) A person shall not give any instruction in flying to which this regulation applies unless -

(a) he holds a licence, granted or rendered valid under these Regulations, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

(b) his licence includes a flight instructor's rating or an assistant flight instructor's rating entitling the holder to give the instruction.

(2) This regulation applies to instruction in flying given to any person flying or about to fly an aircraft including a glider for the purposes of becoming qualified for -

(a) the grant of pilot's licence;

(b) the inclusion or variation of any rating in his licence.

Flying Training Permit (Aeroplanes, Balloons and Helicopters)

67. No person shall undergo any training on any aeroplane, ballon or helicopter registered in Tonga unless he is the holder of a Flying Training Permit, a foreign licence rendered valid under Regulation 60 or a Pilot's licence of the type specified in Regulation 54(2). The Minister may, subject to the applicant meeting the appropriate medical standards, grant or renew a Flying Training Permit for such period and carrying such privileges as specified hereunder:

Minimum age - 17 years.

Maximum period of validity - 24 months from the date of issue or renewal of the permit.

Privileges - The holder of the permit shall be entitled to fly within Tonga as pilot in command of any aeroplane, ballon or helicopter;

Provided that -

(a) he shall fly at all times under the authority and supervision of a person holding a valid Flight Instructor's Rating or Assistant Flight Instructor's Rating, as appropriate;

(b) he shall fly under Visual Flight Rules only;

(c) he shall not carry in the aircraft any person or animals or goods or fly for hire, reward or remuneration of any kind;

(d) he shall not undertake a solo cross country flight being a flight during the course of which the aircraft is more than 5 nautical miles from the airport of departure unless he has a minimum of 10 hours solo flight time and has passed examinations prescribed by the Minister.

PART VI
RULES OF THE AIR

Application Of And Compliance With This Part

68. (I) Subject to paragraphs (2) and (3), the provisions of this Part apply to Tongan aircraft wherever they may be and to foreign aircraft in or over Tonga.

(2) When in flight over the high seas Tongan aircraft shall comply with the standards prescribed in Annex 2 to the Chicago Convention.

(3) When in Flight in the air space of a country outer than Tonga, Tongan aircraft may depart from, the provisions of this Part to the extent necessary to comply with the Law there in force.

(4) Every person and every aircraft shall comply with such of the provisions of this Part as may be applicable to that person and that aircraft in the circumstances of the case.

(5) It shall be lawful to depart to the extent necessary from any provision of this Part for avoiding immediate danger.

(6) If any departure from the provisions of this Part is made for the purpose of avoiding immediate danger, the pilot in command of the aircraft shall, within 3 days thereafter, furnish in writing particulars of the departure and the circumstances giving rise to it, to the competent authority of the country within which the departure was made or if the departure was made over the high seas, to the Minister. In cases where such departure is made outside Tonga the pilot in command of the aircraft registered in Tonga shall forward to the Minister a copy of the written particular, within seven days thereafter.

(7) Nothing in this part shall exonerate any person from any neglect in the use of lights or signals or of neglect of any precautions required by ordinary aviation precautions or by the special circumstances of the case.

Responsibility of the Pilot in Command

69. (1) Subject to the provision of Regulation 32 the pilot in command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the provisions of these Regulations.

(2) The pilot in command of an aircraft shall, before beginning a flight, familiarize himself with all available information appropriate to the intended operation. Pre-flight action for flights away from the vicinity of an airport, and for all IFR flights, shall include a careful study of available current weather reports and forecasts, taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned.

Imperilling the Safety of Aircraft and of Persons or Property

70. (1) A person shall not recklessly or negligently act in a manner likely to endanger an aircraft or any person thereon.

(2) A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Use of Intoxicating Liquor, Narcotics or Drugs

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

(2) No person shall act as or be carried in an aircraft for the purpose of acting as, a member of the crew thereof, if he has taken or used any alcoholic drink, sedative, narcotic or stimulant drug or preparation within 12 hours of the commencement of the flight and no such person shall, while so acting or being carried take, use or be under the influence of any alcoholic drink, sedative, narcotic or stimulant drug or preparation.

Smoking in Aircraft

72. (l) Every Tongan aircraft shall exhibit notices which shall be visible from each passenger seat in the aircraft indicating when smoking is prohibited.

(2) No person shall smoke in a Tongan aircraft at a time when smoking is prohibited by a notice exhibited to that effect by or on behalf of the pilot in command of the aircraft.

Wearing of Seat Belts

73. (1) Safety belts or safety harnesses shall be worn by all crew members and passengers in a Tongan aircraft at the following times:

(a) During take off and landing;

(b) During an instrument approach for landing;

(c) When the aircraft is flying at a height above the terrain of less than 1000 feet;

(d) During turbulent conditions;

(e) During aerobatic flights;

(f) At all times in an open cockpit aircraft;

Provided that -

(i) a flight crew member other than a pilot need not to keep his shoulder harness fastened when the shoulder straps interfere with the performance of his duties, and

(ii) The Minister may exempt subject to such conditions as he thinks fit from any of the requirements of clauses (a) to (d) of this paragraph cabin attendants, livestock attendants, parachutists or authorized persons carrying out inspections, or checks under these Regulations.

(2) A safety belt or safety harness shall be worn by at least one pilot when an automatic pilot is engaged.

(3) When the flight crew compartment is remote from the passenger compartment, the operator shall ensure that an approved system is installed in the aircraft to enable the pilot in command of the aircraft to notify each passenger in the passenger compartment when a safety belt or safety harness, is to be worn.

Carriage of Persons in Unauthorised Parts of Aircraft

74. No person shall at any time be carried on the wings or under-carriage of an aircraft in flight, or on or in any part thereof which is not a part designed for the accommodation of persons. A person shall not be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:

Provided that a person may have temporary access to -

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

(b) any part of an aircraft in which goods or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.

Stowaway

75. No person shall secret himself in an aircraft for the purpose of being carried therein, or travel in an aircraft without the consent of the operator or pilot in command of the aircraft.

Carriage of Live Animals in Aircraft

76. No live animal shall be carried in an aircraft in flight, from or within Tonga, except under and in accordance with a general or special permit in writing issued by the Minister in this behalf and subject to the conditions specified therein.

Reporting of Hazardous Weather Conditions

77. As far as is possible, weather observed en-route shall be reported by the .pilot in command of an aircraft at specified times, or points as requested by the appropriate meteorological authorities. Hazardous flight conditions encountered en-route shall be reported to the appropriate air traffic services unit as soon as possible. The reports so rendered shall give such details as may be relevant to the safety of other aircraft.

Operation of Gliders, Kites, Airships or other Lighter-than-air Aircraft

78. (1) Except with the authorisation in writing of the Minister, and in accordance with such conditions as he may specify no captive balloons, kite, moored airships or other lighter-than-air aircraft shall be elevated -

(a) from any place within 5 kilometres of an airport reference point;

(b) from any other place to a height exceeding 200 feet (60 metres) above the surface.

(2) A glider, a kite or a lighter-than-air aircraft shall not be operated in Tonga except with the authorisation in writing of the Minister who may prescribe such requirements as he considers necessary.

Towing, Picking Up and Raising of Persons and Articles

79. (1) Subject to the provisions of this regulation, no aircraft in flight shall, by means external to the aircraft, tow any article, other, than a glider, or pick up or raise any person, animal or articles, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.

(2) No aircraft in flight shall tow any article, other than a glider, at night or when flight visibility is less than 1,500 metres.

(3) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.

(4) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter, except with permission in writing from the Minister and subject to the conditions specified therein.

(5) Nothing in this regulation shall -

(a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purpose, or any signal apparatus or article required or permitted by or under these Regulations to be towed or displaced by an aircraft in flight;

(b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

(c) be taken to permit the towing or picking up of a glider otherwise than in accordance with Regulation 80.

Towing of Gliders

80. (1) No aircraft in flight shall tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.

(2) the length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.

(3) the pilot in command of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off -

(a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider is capable of safety taking off, reaching and maintaining a safe height thereafter and making a safe landing at the place of intended destination.

(b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely;

(c) that emergency signals have been agreed between the pilot in command of the towing aircraft and the pilot in command of the glider, to be used, respectively, by the pilot in command of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the pilot in command of the glider to indicate that the tow cannot be released.

(4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

Dropping of Articles and Descent by Parachute

81. (1) No article or animal, whether or not attached to a parachute, shall be dropped, or projected or lowered or permitted to drop, project or lower from an aircraft in flight so as to endanger persons or property.

(2) No article, animal or person, whether or not attached to a parachute, shall be dropped, projected or lowered or permitted to drop, project or lower to the surface from an aircraft in flight over Tonga except with the permission in writing of the Minister;

Provided that this paragraph shall not apply to the descent of persons by parachute from an aircraft in an emergency, or to the dropping of articles by, or with the authority of, the pilot in command of the aircraft in the following circumstances -

(a) the dropping, projecting or lowering of articles for the purpose of saving life;

(b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

(c) the dropping of ballast in the form of fine sand or water,

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations;

(e) the dropping, projecting or lowering at an airport, of ropes banners or similar articles towed by aircraft with the prior permission of the Minister and in accordance with any conditions subject to which that permission may have been given;

(f) the dropping of articles for the purposes of agriculture, horticulture, forestry or public health or as a measure against weather conditions, oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Minister and in accordance with any conditions subject to which the permission may have been given.

(3) Nothing in this regulation shall prohibit the lowering of any person, animal or article from a helicopter to the surface if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Operation of Pilotless Aircraft

82. An aircraft capable of being operated without a pilot shall not be so operated except with the authorisation in writing of the Minister and in accordance with such conditions as may be specified in the authorisation.

Aerobatic Flight

83. No aircraft shall be flown aerobatically except under conditions prescribed by the Minister.

Air Pageants, Displays or Races

84. No air pageant, air display or air race shall be conducted in Tonga except with the permission in writing of the Minister and subject to any condition as may be specified by him.

Flights Over Water

85. A Tongan aircraft when flying over water for the purpose of public transport shall, without prejudice to the regulations contained in Part III of these Regulations, and except as may be necessary for the purpose of take-off or landing, fly at such an altitude as would enable the aircraft:

(a) if it has one engine only in the event of the failure of that engine;

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to that aircraft;

to reach a place at which it can safely land at a height sufficient to enable it to do so.

Right of Way on or Near Surface of Water

86. (1) When two aircraft or an aircraft and a vessel on the water are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft.

(2) Aircraft operating on or near the surface of the water shall comply with the requirements of the International Regulations for Preventing Collisions at Sea.

(3) At night all aircraft on the water shall display lights as prescribed in the International Regulations for Preventing Collisions at Sea and in addition any other lights as may be prescribed by the Minister.

(4) Any operation of aircraft on or near the surface of the water not provided for by this Regulation shall be subject to such conditions as may notified by the Minister.

Flight in Excess of Mach One

87. Except under, and in accordance with the terms and conditions of, a permit issued by the Minister, no person shall operate an aircraft at a true flight Mach number greater than one in or over Tonga or over the high seas in a manner which may cause or is likely to cause sonic boom over the territory of Tonga.

Restricted Airspace - Prohibited, Restricted and Danger Areas and 
Temporary Restrictions

88. (1) The Minister may from time to time notify any area or areas to be a Prohibited, Restricted or Danger Area, with or without limitation as to time, for reasons of National Security or for ensuring the safety of civil aviation.

(2) In notifying an area to a Prohibited, Restricted or Danger Area under this regulation, the Minister shall give notice of the action in an appropriate publication, as he may deem necessary under the circumstances.

(3) No aircraft shall be flown -

(a) within a prohibited area,

(b) within a Restricted Area except in accordance with such conditions and at such times as the Minister may notify; or

(c) within a Danger Area except after due consideration by the pilot in command, of the information given by the Minister in relation to the potential danger to aircraft therein.

(4) If the pilot in command of an aircraft finds that his aircraft is within a Prohibited or Restricted Area in contravention of this regulation, or any notified condition prescribed, he shall-

(a) immediately have the aircraft flown to a position outside the area; and

(b) as soon as possible report the full circumstances to the appropriate air traffic services unit; and

(c) obey any instructions given by an air traffic service unit or an intercepting aircraft as to the flight and manoeuvre of the aircraft, including any instruction to land at such airport as may be designated by the air traffic services unit or intercepting aircraft.

(5) Where the Minister deems it necessary in the public interest to restrict or prohibit flying over any area of Tonga or along any route therein by reason of -

(a) the intended gathering or movement of a large number of persons; or

(b) the intended holding of an aircraft race or contest or of an exhibition of flying, 

the Minister may issue directions prohibiting or restricting flight over that area or route or imposing conditions on flight over that area or route, and no aircraft shall fly in contravention of such directions.

Simulated Instrument Flights and Instrument Approach Practice

89. (1) An aircraft shall not be flown under simulated instrument flight conditions unless:

(a) fully functioning dual controls are installed in the aircraft; and

(b) an additional qualified pilot (in this regulation referred to as "a safety pilot") occupies a second control seat to render such assistance as may be necessary to the person who is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft, or if this condition can not be met, a third pilot in communication with the safety pilot shall occupy a position in the aircraft from which his field of vision adequately supplements that of the safety pilot.

For the purpose of this regulations the expression "simulated instrument flight" means a flight during which mechanical or optical devices approved by the Minister are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.

(2) An aircraft shall not carry out instrument approach practice when flying in Visual Meteorological Conditions unless -

(a) the appropriate air traffic services unit has previously been informed that the flight is to be made for the purpose of instrument approach practice;

(b) an air traffic control clearance is obtained from the appropriate air traffic services unit, if required; and

(c) the requirements of paragraph (1) (b) pertaining to carriage of safety pilot are met.

Lights to be Displayed by Aircraft

90. (1) Between sunset and sunrise all aeroplanes in flight or operating on the manoeuvring area of a land airport shall display lights in accordance with this regulation. Aeroplanes shall not display other lights which might obscure or otherwise impair the visibility of or be mistaken for the lights required under these Regulations.

(2) Every glider, kite or lighter-than-air aircraft, authorised by the Minister to operate between sunset and sunrise, shall display lights as may be required by conditions attached to such authorization.

(3) In the event of failure of any light which is required under this regulation to be displayed by an aircraft in flight, the pilot in command shall notify the appropriate air traffic services unit and unless authorised to continue the flight, shall land as soon as, in the opinion of the pilot in command, it can safety do so.

(4) Every power-driven heavier-than-air aircraft when operating between sunset and sunrise, in the air or on the movement area of a land airport shall display navigation lights intended to indicate the relative path of the aircraft to an observer and the extremities of their structure. Navigation lights shall be red on the port (left) wing, green on the starboard (right) wing and white at the tail of the aircraft. The characteristics of the lights shall meet the specifications notified by the Minister.

(5) All aircraft in flight or operating on the movement area of an airport shall (whether by day or by night) display anti-collision lights intended to attract attention to the aircraft. Anti-collision lights shall be flashing lights and may be red or while in colour except that when on the movement area of an airport an aircraft shall display a flashing red light to indicate that its engines are running. The characteristics of the lights shall meet the specifications notified by the Minister.

(6) The appropriate air traffic services unit may permit a pilot in command to switch off or reduce the intensity of the flashing lights required under paragraph (5) if they significantly affect the flight crew night vision, cause vertigo or adversely affect the satisfactory performance of their duties or cause harmful dazzle.

Signals

91. (1) Upon observing or receiving any of the signals specified in these Regulations, or any other signals specified by the Minister, aircraft shall take such action as may be required by the interpretation of the signals.

(2) The transmission or display of distress or urgency signals specified in these Regulations shall be authorized solely by the pilot in command of the aircraft or if he is incapacitated, by the person who is for the time being in command, in accordance with the degree of emergency being experienced.

(3) Nothing in these Regulations shall prevent the pilot in command of aircraft in danger or difficulties from using any means at his disposal to attract attention, make known his position or obtain assistance.

Distress and Urgency Signals

92. (1) The signals specified hereunder in this regulation shall, when used have the meaning indicated therein. They shall be used only for the purpose indicated and no other signals likely to be confused with them shall be used for any other reason.

Distress Signals

The following signals, given either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested. The signals at (a) and (b) below may be preceded by auto-alarm signals as specified in the International Telecommunications Union Radio Regulations.

(a) A signal made by radio telegraphy or by any other signalling method consisting of the group SOS (... --- ...) in the Morse Code.

(b) A signal sent by radiotelephony consisting of the word MAYDAY.

(c) Rockets or shells throwing red lights, fired one at a time at short intervals.

(d) A parachute flare showing a red light.

(e) A continuous sounding with any sound apparatus. 

The signals prescribed under this heading shall as far as practicable be followed by a message giving further information.

Urgency Signals

The following signals given either together or separately, mean that the pilot in command of the aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft, vehicle or other property, or of some person on board or within sight of the aircraft from which the signal is given.

(a) A signal made by radiotelegraphy or by any other signalling method consisting of the group XXX (- . . - - . . - - . . -) in the Morse Code, or 

(b) a signal sent by radiotelephony consisting of the spoken words PAN PAN.

The following signals given either together or separately, mean that the pilot in command of the aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance:

(a) the repeated switching on and off of the landing lights; or

(b) the repeated switching on and off of the navigation lights in such a manner as to be distinct from flashing navigation lights.

(c) a succession of white pyrotechnic lights.

When no radio communication is possible between aircraft in the air and units on the surface, information shall be exchanged by the use of the air to ground and ground to air search and rescue visual signals and acknowledgements notified by the Minister.

The visual signals to be initiated by an intercepting aircraft, their meaning and the responses by the intercepted aircraft shall be as notified by the Minister from time to time. The visual signals to be initiated by the aircraft intercepted, their meaning and the responses by the intercepting aircraft shall be as notified by the Minister from time to time.

By day and by night, a series of projectiles discharged from the ground at regular intervals of 10 seconds, each showing, on bursting, red and green lights or stars will indicate to an unauthorised aircraft that it is flying in or about to enter an area notified as a Restricted or Prohibited Area, and that the aircraft is to take such remedial action as may be necessary to comply with Regulation 88 (4) (a).

Each signal described in the first column of the Table hereunder, when directed from an airport control tower to an aircraft or to a vehicle shall have the meanings respectively appearing in the second, third and fourth columns of that Table opposite the description of the signal:-

Interpretation of Signals

Light Characteristics	Aircraft in Flight	Aircraft on the Ground	Vehicles or Persons on the Ground	
				
(a) Steady Green	Cleared to land	Cleared for take-off		
				
(b) Steady Red	Give way to other aircraft and continue circling	Stop	Stop

(c) Series of Green flashes	Return for landing	Cleared to taxi	Permission to cross or move onto the manoeuvring area.	
				
(d) Series of Red flashes	Airport unsafe 
Do not land	Taxi clear of  runway/landing area in use	Move off runway/taxiway. Watch aircraft	
				
(e) Series of White flashes	Land at this airport and proceed to the apron	Return to starting point on the airport	Report to air traffic control. Move via perimeter.	
				
(f) Red
Pyrotechnic	Notwithstanding any previous instructions, do not land for the time being			

(2) aircraft receiving any of the signals indicated in the table in paragraph (1) of this regulation shall acknowledge by the following signals when possible:

When in flight -

(a) during the hours of daylight by rocking the aircraft's wings;.

(b) at night by flashing on and off twice the aircraft's landing lights, or if not so equipped, by switching on and off twice its navigation lights.

When on the ground -

(a) during the hours of daylight by moving the aircraft's ailerons or rudder;

(b) at night by flashing on and off twice the aircraft's landing lights or if not so equipped, by switching on and off twice its navigation lights.

Visual Ground Signals

93. The pilot in command of an aircraft shall observe visual signals and markings, as may be notified by the Minister and displayed at, or directed at him from an airport, and shall comply with such signals and markings, including marshalling signals made by signalmen for the manoeuvring of aircraft safely on the ground, in accordance with the respective meanings thereof notified by the Minister.

Minimum Altitudes for Safe Flight

94. (1) Except when necessary for take-off or for landing at a government airport or a licensed airport or except with the permission of the Minister, aircraft shall not be flown below such a height as will permit, in the event of an emergency arising, a landing to be made without undue danger to persons or property on the surface.

(2) Except with the permission in writing of the Minister and subject to such conditions as may be specified by him, below the following heights:-

(a) Over congested areas

Over the congested areas of cities, towns or settlements or over any assembly of persons in the open air, a height of 1,000 feet above the highest terrain or any obstacle thereon, within a horizontal radius of 600 metres of a position immediately below the aircraft.

(b) Over other areas

Over other areas a height of 500 feet above the surface, except that over open water or sparsely populated areas, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle or structure.

(3) The provisions of paragraph (2) of this regulation shall not apply to -

(a) any aircraft flying in accordance with normal aviation practice, for the purpose of taking off from, landing at or practising approaches to landing at, or checking navigational aids or procedures at an airport;

(b) any aircraft flying in such a manner as is necessary for the purpose of saving life;

(c) any helicopter, provided the operation is conducted without danger to persons or property on the surface and the pilot in command is complying with routes or altitudes specifically prescribed for helicopters by the Minister;

(d) any aircraft which is being used for police purposes;

(e) a glider, while it is hill soaring;

(f) any aircraft dropping or spraying substances or fluids for purposes of agriculture, horticulture or forestry.

(4) Notwithstanding the provisions of paragraph (2) and (3), an aircraft engaged in an IFR flight shall comply with the provisions of Regulation 112.

Unlawful Interference

95. The pilot in command of an aircraft which is being subjected to unlawful interference shall endeavour -

(a) To notify the appropriate air traffic services unit of such interference, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, and

(b) To comply with any procedures respecting unlawful interference which are notified by the Minister.

Interception

96. (1) An aircraft which is intercepted by another aircraft shall immediately -

(a) follow the instructions given by the intercepting aircraft, interpreting and responding to the visual signals notified by the Minister as signals for use in the event of interception;

(b) notify, if possible, the appropriate air traffic services unit;

(c) attempt to establish radio communication with the intercepting aircraft or with the appropriate intercept control unit -

(i) by making a general call on the emergency frequency 121.5 MHz, giving the identity and position of the aircraft and the nature of the flight, or

(ii) if contact is not made under Clause (i), by repeating the same call, if practicable, on the emergency frequency 243 MHz and

(d) if equipped with a SSR Transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit.

(2) if any instructions received by radio from any sources conflict with those given by the intercepting aircraft by visual signals or by radio, the intercepted aircraft shall request immediate clarification while continuing to comply with the visual or radio instructions given by the intercepting aircraft.

Rules for Avoiding Aerial Collisions

97. (1) General

(a) Notwithstanding that the flight is being made with air traffic control clearance it shall remain the duty of the pilot in command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.

(b) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.

(c) Aircraft shall not fly in formation unless the pilot in command of the aircraft have agreed to do so.

(d) An aircraft which is obliged by this regulation to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.

(e) An aircraft which has the right-of-way under this rule shall maintain its course and speed.

(f) For the purposes of this rule a glider and an aeroplane which is towing it shall be considered to be a single aircraft under the command of the towing flying machine.

(2) Converging

(a) Subject to the provisions of paragraphs (3) and (4) of this rule, an aircraft in the air shall give way to other converging aircraft as follows:-

(i) aeroplanes and helicopters shall give way to airships, gliders and balloons;

(ii) airships shall give way to gliders and balloons;

(iii) gliders shall give way to balloons;

(b) Subject to the provisions of sub-paragraph (a) of this paragraph, when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way:

Provided that mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.

(3) Approaching head-on

When two aircraft are approaching head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.

(4) Overtaking

An aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right, and shall not cease to keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft.

(5) Flight in the Vicinity of an Airport

An aeroplane, glider or airship while flying in the vicinity of what the pilot in command of the aircraft knows or ought reasonably to know to be an aircraft moving on an airport shall unless in the case of an airport having an air traffic services unit that unit otherwise authorises -

(a) conform to the pattern of traffic formed by other aircraft intending to land at that airport or keep clear of the airspace in which the pattern is formed;

(b) make all turns to the left unless ground signals otherwise indicate.

This paragraph is without prejudice to any directions or instructions made under Regulation 115 in relation to an airport.

(6) Order of Landing

(a) An aircraft while landing or on final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water.

(b) In the case of two or more aeroplanes, helicopters, gliders or airships approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way, but it shall not cut in front of another aircraft which is in final approach to land or overtake that aircraft:

Provided that:

(i) when an air traffic services unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order, and

(ii) when the pilot in command of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft, and at night, notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so.

(7) Landing and take-off

(a) An aeroplane, glider or airship shall take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.

(b) An aeroplane, helicopter or glider shall not land on a runway at an airport if the runway is not clear of other aircraft unless in the case of an airport having an air traffic services unit, that unit otherwise authorises.

(c) Where take-offs and landings are not confined to a runway -

(i) an aeroplane, helicopter or glider when landing shall leave clear on its left any aircraft which has landed or is already landing or about to take-off; if such an aeroplane, helicopter or glider is about to turn it shall turn to the left after the pilot in command of the aircraft has satisfied himself that such action will not interfere with other traffic movement; and

(ii) an aeroplane and a helicopter about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which has already taken-off or is about to take-off.

(d) An aeroplane or helicopter landing shall move clear of the landing area as soon as it is possible to do so unless, in the case of an airport having an air traffic services unit, that unit otherwise authorises.

Movement of Aircraft on Airports

98. An aircraft shall not taxi on the apron or the manoeuvring area of an airport without the permission of the person in charge of the airport, or, where the airport has an air traffic services unit for the time being notified as being on watch, without the permission of that unit.

Access to and Movement on the Manoeuvring Area and Other Parts
of the Airport used by Aircraft

99. (1) A person or vehicle shall not go on to any part of an airport provided for the use of aircraft and under the control of the person in charge of the airport without the permission of the person in charge of the airport, and except in accordance with any conditions subject to which that permission may have been granted.

(2) A vehicle or person shall not go or move on the manoeuvring area of an airport having an air traffic services unit without the permission of that unit and except in accordance with any conditions subject to which that permission may have been granted.

(3) Any permission granted for the purposes of this Regulation may be granted whether in respect of persons or vehicles generally, or in respect of any particular person or vehicle or any class of person or vehicle.

Right of Way on the Ground at Airports

100. (1) This rule shall apply to:-

(a) Flying machines, and

(b) vehicles

on any part of a land airport provided for the use of aircraft and under the control of the person in charge of the airport.

In this regulation "flying machine" means aeroplanes and helicopters.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of the pilot in command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.

(3) (a) Flying machines and vehicles shall give way to aircraft which are taking off or landing.

(b) Vehicles, and flying machines which are not taking off or landing, shall give way to vehicles towing aircraft.

(c) Vehicles which are not towing aircraft shall give way to aircraft.

(4) Subject to the provisions of paragraph (3), in case of danger of collision between two flying machines -

(a) when the two flying machines are approaching head-on of approximately so, each shall alter its course to the right;

(b) when the two flying machines are on converging courses, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it;

(c) a flying machine which is being overtaken shall have the right-of-way, and the overtaking flying machine shall keep out of the way of the other flying machine by altering its course to the left until that other has been passed and is clear, notwithstanding any change in the relative positions of the two flying machines.

(5) Subject to the provisions of paragraph (3) (b) a vehicle shall -

(a) overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle;

(b) keep to the left when passing another vehicle which is approaching head-on or approximately so.

Flight Plans

101. A flight plan shall be submitted by the pilot in command of an aircraft in respect of a flight if required by directions or instructions made by or under Regulation 115 and the pilot in command of the aircraft shall comply with the provisions of the directions, and instructions as to the flight plan and the conduct of the flight.

Cruising Levels

102. (1) The cruising levels at which a flight or a portion of a flight is to be conducted shall be determined in accordance with:-

(a) flight levels, for flight at or above the lowest usable flight level, or, where applicable, above the transition altitude; or

(b) altitude, for flight below the lowest usable flight level or, where applicable, at or below the transition altitude.

(2) The cruising levels to be observed in accordance with the requirements of these Regulations shall be as follows:

MAGNETIC TRACK	
		
From 000 to 179	From 180 to 359	
				
IFR Flights	VFR Flights	IFR Flights	VFR Flights	
								
FL	Altitude in feet	FL	Altitude in feet	FL	Altitude in feet	FL	Altitude in feet	
								
10	1,000	…	…	20	2,000	…	…	
								
30	3,000	35	3,500	40	4,000	45	4,500	
								
50	5,000	55	5,500	60	6,000	65	6,500	
								
70	7,000	75	7,500	80	8,000	85	8,500	
								
90	9,000	95	9,500	100	10,000	105	10,500	
								
110	11,000	115	11,500	120	12,000	125	12,500	
								
130	13,000	135	13,500	140	14,000	145	14,500	
								
150	15,000	155	15,500	160	16,000	165	16,500	
								
170	17,000	175	17,500	180	18,000	185	18,500	
								
190	19,000	195	19,500	200	20,000			
								
210	21,000			220	22,000			
								
230	23,000			240	24,000			
								
250	25,000			260	26,000			
								
270	27,000			280	28,000			
290	29,000			310	31,000			
								
330	33,000			350	35,000			
								
370	37,000			390	39,000			
						
or higher levels at intervals of 4,000 ft			or higher levels at intervals of 4,000 ft			

(3) For the purpose of paragraph (2) -

(a) vertical separation shall be doubled above FL290 (29,000 feet);

(b) No VFR cruising levels or altitudes shall be available above FL200 (20,000 feet);

(c) flight levels between the transition altitude and transition level prescribed in any direction or notification issued under these Regulations shall not be available for level cruising flights;

(d) level cruising flights shall be conducted at altitudes or flight levels in accordance with the altimeter setting procedure applicable in the airspace in which the flight is conducted.

(4) Notwithstanding the provisions of this Regulations, the Minister may specify different cruising levels either generally or in relation to a particular case.

Communications

103. (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station.

(2) All aircraft, except those exempted by the appropriate air traffic services unit, shall maintain continuous listening watch on the radio frequency notified by the Minister for, and establish two way communication with the appropriate air traffic service unit.
I
(3) If radio failure precludes compliance with paragraph (2) the pilot in command shall comply with the procedures notified by the Minister to be followed in the event of an aircraft being unable to maintain the required communication. In addition, the aircraft, when forming part of the airport traffic at a controlled airport, shall keep a watch for such instructions as may be issued by visual signals.

Choice of VFR and IFR

104. An aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.

Visual Flight Rules – Meteorological Minima

105. (1) Except as provided in Regulation 106, VFR flights within controlled airspace shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than:

(a) 1,000 feet vertically and 1 nautical mile horizontally from cloud; and

(b) a flight visibility of 8 kilometres.

(2) Outside controlled airspace, except when otherwise notified by the Minister, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than the following:

(a) Above 3,000 feet above mean sea level or 1,000 feet above terrain, whichever is higher -

(i) 1,000 feet vertically and 1 nautical mile horizontally from cloud; and

(ii) a flight visibility of 8 kilometres.

(b) At or below 3,000 feet above mean sea level or 1,000 feet above terrain -

(i) clear of clouds and in sight of ground or water; and

(ii) a flight visibility of 1,500 metres if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstructions in time to avoid collision.

Flights Below VFR Minima Within Controlled Airspace

106. Within controlled airspace (Visual Exempted), VFR flights shall be conducted so that the aircraft is flown in conditions of distance from clouds and visibility equal to or greater than those specified in Regulation 105 (1). 

Provided that -

(a) when flying in an airport traffic circuit at a controlled airport, the aircraft may be flown closer vertically to cloud than 1,000 feet;

(b) when authorised by the appropriate air traffic control unit to operate as a Special VFR flight the aircraft may be flown in accordance with the requirements, including requirements relating to distance from cloud and visibility, notified by the Minister for the conduct of such flights.

Operation of VFR Flights

107. A flight shall not be conducted in accordance with Visual Flight Rules -

(a) in Instrument Meteorological Conditions, except as a Special VFR flight under conditions notified by the Minister;

(b) at night except as a Special VFR flight in accordance with proviso (b) of Regulation 106;

(c) to points more than 50 nautical miles from land, except under conditions notified by the Minister;

(d) by flights for which an IFR flight plan has been communicated;

(e) above flight level 200;

(f) at a True Air Speed in excess of 200 knots;

(g) in controlled airspace (Instrument Restricted) except as a special VFA flight under conditions notified by the Minister; or

(h) in such other conditions as may be notified by the Minister.

VFR Cruising Levels

108. VFR flights, except those operated in controlled airspace (Instrument/ Visual), in level cruising flight above 3,000 feet above mean sea level shall be conducted at the VFR flight level or altitude appropriate to the track as specified in or under Regulation 102. VFR flights operated in controlled airspace (Instrument/Visual) shall select cruising levels or altitudes from those to be used by IFR flights.

VFR Flight - Communications

109. (1) Without prejudice to the provisions of Regulation 103, a VFR flight operating within or into designated areas, or along designated routes outside controlled airspace shall maintain continuous listening watch on the appropriate radio frequency of, and report its position as necessary to, the air traffic services unit providing flight information service.

(2) The pilot in command of an aircraft making a VFR flight within a control zone established at an airport serving international flights and in any portion of the associated terminal control area shall -

(a) establish and maintain two way radio communication with the appropriate air traffic control unit;

(b) obtain permission from the appropriate air traffic control unit before entering the airport traffic zone;

(c) report positions, as required by the air traffic control unit.

Change from VFR to IFR Flight

110. The pilot in command of an aircraft flown in accordance with the Visual Flight Rules who wishes to change to flight in compliance with the Instrument Flight Rules shall:

(a) if a flight plan was communicated, communicate the necessary changes to be effected to its current flight plan; or

(b) if no flight plan was communicated and the flight under Instrument Flight Rules requires the communication of a flight plan under Regulation 101 communicate a flight plan to the appropriate air traffic services unit; and

(c) give adequate notice of the change to, and obtain clearance from the appropriate air traffic services unit prior to proceeding with the flight under Instrument Flight Rules when in controlled airspace.

Operation of IFR Flights

111. The pilot in command of an aircraft precluded from flying under Visual Flight Rules under Regulation 107 shall communicate a flight plan and conduct the flight under Instrument Flight Rules.

Instrument Flight Rules

112. (1) Except when necessary for taking off from or landing at an airport, or except when specifically permitted by the Minister, and IFR flight shall be flown at a level which is not below the minimum flight altitude established for the route or area or where no such minimum flight altitude has been established;

(a) over notified mountainous areas at a level which is at least 2,000 feet above the highest obstacle located within 5 nautical miles of the estimated position of the aircraft.

(b) over other areas at a level which is at least 1,000 feet above the highest obstacle located within 5 nautical miles of the estimated position of the aircraft.

(2) For the purposes of paragraph (1) in estimating the position of an aircraft account shall be taken of the navigational accuracy which can be achieved on the relevant route segment, having regard to the navigational facilities available on the ground and in the aircraft.

IFR Cruising levels

113. An aircraft flown in accordance with Instrument Flight Rules shall when in cruising flight be flown at a level, appropriate to its magnetic track, specified in or under Regulation 102 except that the correlation of levels to track prescribed therein shall not apply if the aircraft is being flown inconformity with instructions given by an air traffic control unit for IFR flights operating within controlled airspace.

Change from IFR to VFR flight

114. (1) An IFR flight plan shall not be cancelled when an aircraft is flown under conditions which preclude continuation of the flight under Visual Flight Rules as specified in Regulation 106 and 107 or under any other conditions notified by the Minister from time to time.

(2) When an aircraft flown under the Instrument Flight Rules encounters Visual Meteorological Conditions the pilot in command shall not cancel the IFR flight plan unless it is anticipated and intended that the flight will be continued in uninterrupted Visual Meteorological Conditions.

(3) The pilot in command of an aircraft electing to change the conduct of its flight from compliance with Instrument Flight Rules to compliance with the Visual Flight Rules shall notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan.

The Air Traffic Control Service

115. (1) The Minister may establish an Air Traffic Control Service.

(2) The functions of the Air Traffic Control Service so established shall be as follows:

(a) The prevention of collisions between aircraft, and, on the manoeuvring area between aircraft and obstructions;

(b) Expediting and maintaining an orderly flow of traffic;

(c) The provision of such advice and information as may be useful for the safe and efficient conduct of flights;

(d) The control of the initiation, continuation, diversion or termination of flight in order to ensure the safety of aircraft operations; and 

(e) Notifying appropriate organizations regarding aircraft known to be or believed to be in need of search and rescue aid, co-ordinating search and rescue aid and otherwise assisting these organizations as required.

(3) The Minister may by notification, or by means of Aeronautical Information Publications or NOTAMS, as the case requires give such instructions and directions on matters within the functions of the Air Traffic Control Service as he considers necessary including instructions and directions to carry out and give effect to the provisions of Annex 2 and of Annex 11 to the Chicago Convention.

(4) Every person and every aircraft shall comply with the instructions and directions given by the Minister under paragraph (3) as may be applicable to that person or that aircraft in the circumstances of the case.

(5) The instructions and directions of the Minister under paragraph (2) may be departed from to the extent necessary -

(a) For avoiding immediate danger, or

(b) For complying with the Law of any country other than Tonga in which the aircraft is for the time being.

The Aeronautical Information Service

116. (1) The Minister may establish and conduct a service to be known as the Aeronautical Information Service.

(2) The functions of the Aeronautical Information Service are to collect and disseminate aeronautical information instructions and directions relating to the safety, regularity and efficiency of civil aviation.

(3) The Aeronautical Information Service shall publish publications to be known as Aeronautical Information Publications and notices to be known as Notices to Airmen.

(4) There shall be published in Aeronautical Information Publications such aeronautical information, directions and instructions as are of a lasting character essential to civil aviation.

(5) There shall be published in Notices to Airmen such aeronautical information, directions and instructions as are of temporary character or cannot be made available with sufficient expedition by publication in Aeronautical Information Publications.

PART VII
DOCUMENTS AND RECORDS

Maintenance of Documents and Records

117. Every owner, operator, hirer or member of the flight crew of an aircraft shall maintain in a current state, any certificate, licence, log book or document issued to him or required to be kept, maintained, preserved or produced by him under these Regulations.

Aircraft, Engine and Propeller Log Books

118. (1) In addition to any other log books required to be kept under Regulation 117 the following log books shall be kept in respect of all Tongan aircraft -

(a) an aircraft log book;

(b) a separate log book in respect of each engine fitted in the aircraft; and

(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.

(2) The following entires shall be included in the aircraft log book:

(a) the name of the constructor, the type of the aircraft the number assigned to it by the constructor and the date of the construction of the aircraft;

(b) the nationality and registration marks of the aircraft;

(c) the name and address of the operator of the aircraft;

(d) the date of each flight, and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;

(e) particulars of all maintenance work carried out on the aircraft or its equipment;

(f) particulars of any defects occurring in the aircraft or in any equipment required to be carried by or under these Regulations and of the action taken to rectify such defects including a reference to the relevant entries in the technical log required by Regulation 16 (5).

(g) particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid;

Provided that entries shall not be required to be made under sub-paragraphs (e), (f) and (g) in respect of any engine or variable pitch propeller.

(3) The following entries shall be included in the engine log book:

(a) the name of the constructor, the type of the engine, the number assigned to it by the constructor and the date of the construction of the engine;

(b) the nationality and registration marks of each aircraft in which the engine is fitted;

(c) the name and address of the operator of each such aircraft;

(d) the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;

(e) particulars of all maintenance work done on the engine;

(f) particulars of any defects occurring in the engine, and of the: rectification of such defects, including a reference to the relevant entries in the technical log required by regulation 16 (5);

(g) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

(4) The following entries shall be included in the variable pitch propeller log book:

(a) the name of the constructor, the type of the propeller, the number assigned to it by the constructor and the date of the construction of the propeller;

(b) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;

(c) the name and address of the operator of each such aircraft;

(d) the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;

(e) particulars of all maintenance work done on the propeller;

(f) particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by Regulation 16 (5);

(g) particulars of any overhauls, repair, replacements and modifications relating to the propeller.

(5) Each entry in a log book shall be made as soon as it is practicable after the occurrence to which it relates, but in no event more than seven days after the expiration of the certificate of maintenance, if any, in force in respect of the aircraft at the time of the occurrence:

(6) If an entry in a log book refers to any other document such document shall be identified clearly and shall be deemed, for the purposes of these Regulations, to be part of the log book.

(7) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept under these Regulations to keep them or cause them to be kept in accordance with the provisions of this Regulation.

(8) Subject to the provisions of these Regulations, every log book referred in paragraph (1) of this regulation shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the propeller to which it relates has been destroyed or has been permanently withdrawn from use.

Personal Flying Log Book

119. (1). Every member of the flight crew of a aircraft and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations shall keep a personal flying log book showing his name, address and particulars of his licence, if any, to act as a member of the flight crew of an aircraft and shall record therein the following:

(a) the name and address of his employer, if any;

(b) particulars of all flights made as member of the flight crew of an aircraft, or while flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations, as the case may be, including -

(i) the date, duration and places of arrival and departure of each flight;

(ii) the type and registration marks of the aircraft;

(iii) the capacity in which the holder acted in flight;

(iv) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying;

(v) particulars of any test or examination undertaken whilst in flight.

(2) For the purposes of this regulation, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

(3) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including -

(a) the date of the test or examination;

(b) the type of simulator,

(c) the capacity in which the holder acted;

(d) the nature of the test or examination.

Use of Flight Data Recorder

120. (1) On any flight on which a flight data recorder or a cockpit voice recorder is required by these Regulations to be carried in an aircraft, it shall always be in use from the beginning of the take off to the end of the landing run.

(2) The operator of such aircraft shall at all times, subject to the provisions of these Regulations, preserve -

(a) the last 25 hours of recording made by any flight data recorder required by or under these Regulations to be carried in an aircraft, and

(b) a record of not less than one representative flight, that is to say, a recording of a flight made within the last twelve months which includes a take off, climb, cruise, descent, approach to landing and landing together with a means of identifying the record with the flight to which it relates;

and shall preserve such records for such period as the Minister may in a particular case direct.

Production of Documents and Records

121. Every person who -

(a) is required under these Regulations to hold any licence, rating, certificate, permit, or other authority or permission in respect of the exercise of any function or the performance of any duty: or

(b) is required under these Regulations to maintain, complete or cause to be maintained or completed any document or record of or relating to the operation of aircraft or any member of the crew thereof or other person performing any function relating to aircraft, or

(c) has in his custody or possession any such document or record, shall, on demand by the Minister, or any authorised person, produce or cause to be produced, any such document or record for inspection or for the purpose of investigating any contravention of or enforcing compliance with, these Regulations, and shall on the demand of the Minister or any authorised person, surrender any such document or record to the person making the demand:

Provided that any such document or record relating to an aircraft or any member of its crew which is not required by these Regulations to be carried in the aircraft shall be produced within seven days of the demand being made.

Preservation of Documents and Records

122. A person required by these Regulations to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative:

Provide that if -

(a) another person becomes the operator of the aircraft and it remains registered in Tonga he or his personal representative shall deliver to that other person upon demand the certificates of maintenance and compliance, the log books and the weight schedule and any record made by a flight recorder and preserved in accordance with Regulation 121 which are in force or required to be preserved in respect of that aircraft;9

(b) an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person and registered in Tonga he or his personal representative shall deliver to that other person upon demand the log book relating to that engine or propeller;

(c) any person in respect of whom a record has been kept by him in accordance with these Regulations becomes a member of the flight crew of a public transport aircraft registered in Tonga and operated by another person he or his personal representative shall deliver those records to that other person upon demand, and it shall be the duty of that other person to deal with the document delivered to him as if he were the first mentioned operator.

Offences in Relation to Documents and Records

123. (1) A person shall not with intent to deceive -

(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he is not entitled; or

(b) lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under these Regulations to, or allow it to be used, any other person; or

(c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document, 

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

(2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under these Regulations to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under these Regulations to be preserved.

(3) All entries made in writing in any log book or record referred to in paragraph (2) of this article shall be made in ink or indelible pencil.

(4) A person shall not knowingly make in a load sheet any entry which is incorrect in a material particular, or any material omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the purposes of these Regulations unless he is authorised to do so under these Regulations.

(6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

Form of Log Books and Records

124. The Minister may permit an operator to maintain the log books and records required to be kept under this Part in such form as the Minister thinks fit.

PART VIII
CONTROL OF AIRPORTS, ATS ROUTES AND AIRWAYS

Use of Airports etc.

125. (1) An aircraft shall not take off, or land at, any place unless -

(a) The place is a Government airport;

(b) The place has been licensed as an airport under Regulation 126; 

(c) The use of the place is authorised by the Minister under Regulation 127 and -

(i) the aircraft is of a type of aircraft authorized under that regulation to land and take off from the place;

(ii) the aircraft is engaged in operations included in a class of operations specified by the Minister in the instrument of authorization under that regulation that relates to the place; and

(iii) any conditions specified in that instrument are complied with;

Licensing of Airports

126. (1) Upon application by the proprietor of any place, the Minister may issue an airport licence for such period as he considers fit authorizing the use of the place as an airport.

(2) An airport licence shall be issued subject to such conditions as the Minister considers necessary to ensure compliance with the Chicago Convention and the safety of aircraft using the airport.

(3) Any tariff of charges for landings and length of stay at airports licensed under this regulation which are open to public use shall be subject to the approval of the Minister.

(4) The proprietor of an airport licensed under this regulation shall not enlarge, reduce or in any other manner alter the movement area of the airport without the permission in writing of the Minister.

Authorization of Places for Use as Airports

127. The Minister may, by specific or general description, authorize the use of any place for the purposes of the landing and take off of such types of aircraft, engaged in such classes of operations and subject to such conditions as the Minister specifies in the instrument of authorization.

Access of Official Aircraft to Airports

128. Notwithstanding anything contained in this Part, all aircraft belonging to or employed in the services of the crown shall have access at all times to any airport licensed under Regulation 126.

Noise and Vibration Caused by Aircraft at Airports

129. The conditions under which noise and vibration may be caused by aircraft at any Government airport in Tonga used for the purpose of operation, repair or maintenance of aircraft shall be as follows:-

(a) while the aircraft is taking off or landing; or

(b) while the aircraft is moving on the ground or water; or

(c) while the engines are being operated in the aircraft -

(i) for the purpose of ensuring their satisfactory performance; or

(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or

(iii) for the purpose of ensuring that the instrument accessories or other components of the aircraft are in a satisfactory condition.

Protection of Certain Rights

130. Nothing in these regulations shall be construed as conferring on any aircraft, as against the owner of land or any person interested there in, the right to alight on that land, or prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.

Government Airports - Prohibited Conduct

131. (1) All persons on any part of the property comprising a Government airport shall be governed by the provisions of these Regulations relating to such an airport and by any orders and instructions of the Minister relating to the use or occupation of any part of the property comprising the airport.

(2) No person shall, within a Government airport -

(a) obstruct or interfere with the proper use of the airport;

(b) obstruct any person acting in the execution of his duty in relation to the airport;

(c) remain in the airport after having been required to leave it by an authorised person;

(d) allow any motor vehicle or animal to be in the airport after having been required to remove it or after its presence on the airport has been forbidden by an authorised person;

(e) board or attempt to board an aircraft without the permission of the person in charge of it;

(f) interfere or tamper with any aircraft without the permission of the person in charge of it;

(g) smoke in or otherwise bring or light any naked light into or in -

(i) any place where any such act in prohibited by notice; or

(ii) any place within 15 metres of an aircraft or a store of liquid fuel or explosives;

(h) do any act causing or tending to cause an outbreak of fire;

(i) throw, leave or drop anything capable of causing injury to any person or property;

(j) climb any wall, fence, barrier, railing or post;

(k) wilfully give any false alarm indicating that an emergency situation exists either on or in the vicinity of the airport or on any aircraft within the area customarily under the control of an airport air traffic control unit;

(1) fail to put an aircraft in the place and position specified by an authorised person;

(m) fail to moor or secure any stationary aircraft, which is not in a hangar, in such manner as will ensure that it does not constitute a hazard to persons or property;

(n) drive or place a motor vehicle carelessly or dangerously or without consideration for other persons using the airport;

(o) being the driver of a motor vehicle fail to stop when required to do so by an authorised person;

(p) being the driver of a motor vehicle which is involved in an accident fail to give his name and address and the name and address of the owner of the vehicle to an authorised person;

(q) being the driver or a motor vehicle fail to report to an authorised person any accident in which the vehicle is involved;

(r) park a motor vehicle elsewhere than in a place provided for that purpose, either generally or in relation to a particular class of vehicles;

(s) being the person in charge of a motor vehicle fail to remove it from any place where it may be parked upon being so required by an authorised person;

(t) fail to keep any animal under control;

(u) use any language likely to cause offence or annoyance to any person;

(v) behave in an indecent or disorderly manner;

(w) be drunk or intoxicated;

(x) dispose of garbage, papers or refuse or other material in the airport except in the receptacles provided for that purpose;

(y) travel other than on the roads, paths or places provided for the particular class of traffic;

(z) occupy the roads or paths in such manner as to hinder or obstruct their proper use.

(3) No person shall, within a Government airport except with permission in writing of the Minister first obtained:-

(a) remove, displace, damage, deface, or alter any building, structure or other property whether real or personal (including any notice), forming part of or provided for or in connection with the airport;

(b) dig soil or cut or remove turf;

(c) sell or distribute anything, or offer anything for hire or sale, or make any offer of service;

(d) post, distribute or display any signs, advertisements, circulars or printed or written matter;

(e) leave a motor vehicle in the airport longer than is reasonably necessary for the transaction of the business for the purpose of which it was brought there;

(f) drive a motor vehicle elsewhere than in a place provided for the passage or accommodation of such vehicles;

(g) fill or discharge from any container (including any part of a vehicle) liquid or gaseous fuel elsewhere than in a place approved for that purpose;

(h) light a fire elsewhere than in a place constructed for that purpose;

(i) remove, pick or otherwise damage any tree, shrub or plant;

(j) walk on or otherwise damage any flower bed or any thing growing therein;

(k) operate any type of vehicle for the disposal of garbage, ashes or other waste material;

(l) operate any radio transmitting equipment except when such equipment is installed in an aircraft;

(m) hold any public meeting or public function;

(n) for commercial purposes take still or motion pictures or operate a television camera.

(4) Any permission given under this regulation may be given so as to apply to any persons, equipment or vehicles either absolutely or subject to such conditions as the Minister thinks fit.

Government Airports - Entry to Designated Areas

132. (1) No person shall enter or remain within the precints of any Government airport, or any building or area therein in which are operated technical facilities or services for civil aviation except those areas specifically set aside for public use, in circumstances in which the safety of any aircraft or its passengers or crew is likely to be imperilled or the proper functioning of the airport impeded.

(2) Notwithstanding the provisions of paragraph (1) the Minister or any authorised person shall be entitled to control or prohibit access to any part of any such airport or any building, or area within any such airport used for providing technical facilities or services for civil aviation.

(3) No person shall enter or be in any place at any such airport which is a designated area, without the general or specific permission of the Minister.

(4) Any permission granted under paragraph (3) may be in such forms as the Minister may determine and may be signified by a document (hereinafter called an Airport Identity Card) issued by the Minister.

(5) An airport Identity Card shall be returned to the Minister on demand.

(6) It shall be an offence for any person falsely to represent himself to be the holder of an Airport Identity Card issued under this regulation.

Government Airports - Stray Livestock and Animals

133. It shall be lawful for the Minister or any authorised person, where in the opinion of the Minister or such person, such action is necessary to ensure the safety of aircraft, to shoot, destroy or trap any livestock or animal found trespassing on a Government Airport.

Government Airports - Use of Motor Vehicles

134. (1) No person, having obtained permission of the Minister so to do, shall take any motor vehicle on to the area of the airport used by aircraft, unless there is displayed on the vehicle a sticker or card issued by the Minister evidencing the Minister's permission.

(2) No person shall operate any motor vehicle or mechanically propelled equipment on any taxiway, runway, strip or parking apron in a Government Airport except in the course of his lawful duties and in accordance with any instructions which may be given to him by the appropriate air traffic services unit.

Government Airports - Refuelling of Aircraft

135. Any person vending fuel and any person refuelling aircraft at a Government Airport shall do so in a safe and proper manner and shall comply with any direction which may be issued by the Minister in relation thereto.

Government Airports - Starting Engines

136. It shall be an offence -

(a) for any person to start or run any engine in any aircraft in a Government airport unless such a person is the holder of a pilot's or aircraft maintenance engineer’s licence;

(b) for any person to leave unattended in any such airport any aircraft with any engine thereof running;

(c) to start any engine in any aircraft in any such airport unless the aircraft is either provided with adequate parking brakes and use is made of such brakes or blocks have first been placed in front of the wheels of the aircraft.

Designation of ATS Routes and Airways

137. The Minister may designate ATS routes and airways and may determine the conditions of the use thereof and shall publish any such determination in aeronautical information publications.

Dangerous Lights

138. (1) No person shall establish or maintain an aeronautical light in Tonga except with the permission of the Minister and in accordance with any conditions subject to which the permission may be granted.

(2) A person shall not alter the character of an aeronautical light within Tonga except with the permission of the Minister and in accordance with any conditions subject to which the permission may be granted.

(3) A person shall not wilfully or negligently damage or interfere with any aeronautical light established and maintained with the permission of the Minister.

Directions - Airports, Facilities, Routes and Airways

139. The Minister may, in relation to any Government airport, licensed airport or air navigation facility, ATS route or airway established or designated under the Act or these regulations, issue such orders, instructions or directions as he considers necessary to secure the safety of aircraft.

PART IX
ACCIDENT INQUIRY

Purpose of Accident Investigation

140. The fundamental purpose of investigating accidents under this part shall be to determine the circumstances and causes of the accident with a view to the preservation of life and the avoidance of accidents in the future; it is not the purpose to apportion blame or liability.

Interpretation

141. (1) In this part, unless the context otherwise requires -

"accident" includes an incident and a reportable accident;

"airport authority" means, in relation to any airport the person for the time being in charge of the airport;

"incident" means any fortuitous or unexpected event, not being a reportable accident, by which the safety of an aircraft or any person is threatened;

"Inspector" means a person appointed as an Inspector of Accidents under Regulation 146;

"Operator" in relation to an aircraft means the person for the time being having the management of that aircraft;

"Owner" means, where an aircraft is registered, the registered owner;

"reportable accident" means an occurrence associated with the operation of an aircraft which takes place between the time when any person boards the aircraft with the intention of flight and such time as all persons have disembarked therefrom, in which -

(a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with any part of the aircraft (including any part which has become detached from the aircraft) or by direct exposure to jet blast, except when the death or serious injury is from natural causes, self-inflicted or is inflicted by other persons or when the death or serious injury is suffered by a stowaway hiding outside the areas normally available in flight to the passengers and members of the crew of the aircraft; or

(b) the aircraft incurs damage or structural failure, other than

(i) engine failure or damage, when the damage is limited to the engine, its cowling or accessories,

(ii) damage limited to propellers, wing tips, antennae, tyres, brakes fairings, small dents or punctured holes in the aircraft skin,

which adversely affects its structural strength, performance or flight characteristics and which would normally require major repair or replacement of the affected component; or

(c) the aircraft is missing or is completely inaccessible:

"serious injury" means an injury which is sustained by a person in a reportable accident and which -

(i) requires his stay in hospital for more than 48 hours commencing within seven days from the date on which the injury was received; or

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

(iii) involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or

(iv) involves injury to any internal organ; or

(v) involves second or third degree burns or any burns affecting more than five per cent of the body surface;

and "seriously injured" shall be construed accordingly.

(2) Any notice or other document required or authorised by any provision of this part to be served on or given to any person may be served or given by delivering it to him or by sending it to him by post at his usual or last-known residence or place of business, whether in Tonga or elsewhere.

Application of this Part

142. The provisions of this part relate only to civil aviation and shall apply to accidents arising out of or in the course of air navigation which occur to civil aircraft in or over Tonga or elsewhere to civil aircraft registered in Tonga.

Duty to Furnish Information Relating to Accidents

143. (1) Where a reportable accident occurs the pilot in command of the aircraft involved at the time of the accident, or if he be killed or incapacitated or the operator of the aircraft, and, in the case of an accident occurring on or adjacent to an airport the airport authority shall forthwith give notice thereof to the Minister by the quickest means of communication available and in the case of a reportable accident occurring in or over Tonga shall also notify forthwith the local police authorities of the accident and of the place where it occurred.

(2) The notice to the Minister referred to in paragraph (1) above shall state as far as possible -

(a) the identifying abbreviation ACCID;

(b) the type, model and the nationality and registration marks of the aircraft;

(c) the name of the owner, operator and hirer (if any) of the aircraft; 

(d) the name of the pilot in command of the aircraft;

(e) the date and time of the accident;

(f) the last point of departure and the next point of intended landing of the aircraft;

(g) the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;

(h) (i) the number of crew on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;

(ii) the number of passengers on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;

(iii) the nature of the accident and the extent of the damage to the aircraft as far as is known.

(3) Where an accident to which these Regulations apply occurs, whether in or over Tonga or elsewhere, the owner, operator, pilot in command or hirer of the aircraft shall, if so required by notice in writing given to him by the Minister, send to the Minister within such time as may be specified to the notice, such information as in his possession or control with respect to the accident in such form as the Minister may require.

Publication of Information Relating to Accidents

144. The Minister may at any time publish, or cause to be published information relating to an accident whether or not such an accident is the subject of an investigation by an Inspector or of a Board of Inquiry.

Removal of Damaged Aircraft

145. (1) Subject to Regulation 147 below, where a reportable accident occurs in or over Tonga, no person other than an authorised person shall have access to the aircraft involved in the accident and neither the aircraft nor its contents shall except under the authority of the Minister be removed or otherwise intefered with:

Provided that -

(i) the aircraft may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals, removing any mails, valuables and dangerous goods carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to other transport, or under the supervision of an Inspector or, with the agreement of an Inspector or of a constable, for the purpose of removing any other property from the aircraft;

(ii) if an aircraft is wrecked on the water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.

(2) In this Regulation the expression "authorised person" means any person authorised by the Minister either generally or specially to have access to any aircraft involved in accident and includes any constable.

Inspectors of Accidents

146. (1) For the purpose of carrying out investigation into the circumstances and causes of accidents to which the Regulations apply the Minister shall appoint persons as Inspectors of Accidents.

(2) The Minister shall determine whether or not an investigation shall be carried out into any accident to which this Part applies and he may cause an Inspector to carry out an investigation of any such accident.

(3) Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Minister may appoint persons to assist any Inspector in a particular investigation and such persons shall for the purpose of so doing have such of the powers of an Inspector under the provisions of this Part as may be specified in their appointment.

Powers of Inspectors of Accidents

147. For the purpose of the investigation of any accident to which the provisions of this Part apply, or any inquiries undertaken with a view to determining whether any such investigation should be held, an Inspector shall have power -

(a) by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation or any inquiry held pursuant to Regulation 149 or, as the case may be, it is determined that an investigation shall not be carried out;

(b) to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;

(c) to have access to and examine any aircraft involved in any such accident and the place where the accident occurred and to require any such aircraft or any part or equipment thereof to be preserved unaltered pending investigation;-

(d) to examine, remove, test, take measures for the preservation of, or otherwise deal with -

(i) the aircraft involved in the accident; or

(ii) where it appears to the Inspector requisite for the purposes of any such investigation or inquiries, any other aircraft,

or any part of such aircraft or anything contained therein;

(e) on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the Inspector to be requisite for the purposes of any such investigation or inquiries or any inquiry held pursuant to Regulation 149 except that an Inspector shall have not have power to enter any premises under this sub-paragraph for the purpose of inquiries with a view to determining whether an investigation should be held if at the time of the proposed entry the premises are being used as a dwelling;

(f) to take such measures for the preservation of evidence as he considers appropriate.

Inspector's Investigation and Report

148. (1) Public notice that an investigation by an Inspector (hereinafter called an "Inspector's investigation") is taking place shall be given in such manner as the Minister may think fit and shall invite any persons who desire to make representations concerning the circumstances or causes of the accident to do so in writing within a time to be specified in the notice.

(2) An Inspector's investigation shall be held in private.

(3) Where it appears to the Inspector that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and to call evidence and examine witnesses.

(4) Every person summoned by the Inspector as a witness in accordance with these Regulations shall be allowed such expenses as the Minister may determine.

(5) The Minister may determine that any Inspector's investigation being carried out into any accident shall be discontinued and in that event public notice shall be given, in such manner as the Minister may think fit, that the investigation has been discontinued.

(6) Upon completion of his investigation, the Inspector shall submit his report to the Minister.

(7) The report to the Minister shall state the facts relating to the accident followed by an analysis of the facts and conclusions as to the cause or causes of the accidents, together with any recommendations which the Inspector thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future.

Constitution of Board of Inquiry

149. (1) The Minister, after receiving the report of the Inspector under Regulation 148, may deem it expedient that further Inquiry be made into the circumstances and causes of the accident.

(2) The inquiry shall be held before a Board of Inquiry consisting of -

(a) A Judge or other judicial officer who shall preside; and

(b) Not less than two assessors possessing aeronautical engineering or other special skill or knowledge appointed by the Minister.

Duties of the Board of Inquiry

150. The Board of Inquiry shall obtain and record all available information including the Inspector's Report relevant to the causes and circumstances of the accident.

Powers of the Board of Inquiry as to Evidence

151. For the purpose of any investigation or inquiry under this Part, the Board of Inquiry shall, in respect of compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceedings, have the same powers as are exercisable by the Supreme Court in the exercise of its criminal jurisdiction.

Report of the Board of Inquiry

152. Upon completion of the inquiry, The Board shall, as soon as practicable make a report to the Minister stating the facts relating to the accident and the opinion of the Board touching the cause or causes of the accident and adding any recommendations which the Board thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future.

Publication of Reports

153. The Minister shall, unless in his opinion there are good reasons to the contrary, cause the Inspector's Report and, where a Board of Inquiry has been held, the report of the Board of Inquiry, to be made public wholly or in part in such manner as he thinks fit.

Use of Records and Reports as Evidence

154. (1) No part of any report or reports of an Inspector or of a Board of Inquiry relating to any accident and of the records of the investigation thereof shall be admitted as evidence or used in any suit or action for damages growing out of any matter referred to in such report or reports or in such records, or out of the accident, the subject of the report or reports, and the Inspector and any person assisting the Inspector and having any of the powers of an Inspector or any member of a Board of Inquiry shall not be compellable as a witness or give evidence in any such suit or action.

(2) For the purposes of paragraph (1) "Records of the Investigation" means -

(a) statements made by persons responsible for the safe operation the aircraft;

(b) communications between persons having responsibility for the safe operation of the aircraft;

(c) medical or other private information regarding persons involved in the accident;

(d) cockpit voice recordings and transcripts thereof; and

(e) any opinion expressed in the analysis of the matters referred to in the preceding clauses of this paragraph.

Reopening of an Investigation or Inquiry

155. The Minister may direct the reopening of an Inspector's investigation which has not been the subject of an inquiry under Regulation 149 or an inquiry by a Board of Inquiry -

(a) if after the completion of the investigation or the inquiry important new evidence has been discovered; or

(b) if for any other reason there is in his opinion ground for suspecting that miscarriage of Justice has occurred.

Accidents to Foreign Aircraft

156. (1) Where an accident has occurred in or over Tonga to an aircraft of any country other than Tonga, the Minister may authorise an investigator appointed by the duly competent authority of that other country to carry out an investigation in Tonga and in that event the Minister shall so far as he is able facilitate inquiries by the Investigator so appointed.

(2) In any Inspector's investigation or any Inquiry an accredited representative of the country or territory in which the aircraft is registered, or of any county in which the aircraft was manufactured or which has, on request; furnished information in connection with the accident, may take part in the investigation or in the inquiry as the case may be, that is to say, he shall be permitted to visit the scene of the accident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all just exceptions), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country by which he is appointed.

Obstruction of Investigation

157. (1) A person shall not obstruct or impede the Board of Inquiry or an Inspector or an Assessor or any person acting under the authority of the Minister in the exercise of any power of duties under this Part.

(2) A person shall not without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these Regulations tendered to him, to comply with any summons or requisition of an Inspector holding an Inspector's investigation or undertaking any inquiries with a view to determining whether any investigation should be held under this Part.

PART X
GENERAL

Use of Aircraft for Advertising

158. An aircraft shall not be flown for the purpose of, and shall not be used while in flight for, emmitting or displaying any advertisement or other communication in such a way that the advertisement or communication is audible or visible from the ground except with the permission in writing of the Minister granted to the operator of the aircraft and in accordance with any conditions to which such permission may be subject:

Provided that the operator or owner, as the case may be, of a public transport aircraft may display such insignia, letters and emblems as are appropriate for the identification of the aircraft with the business of engaging in public transport operations.

Restriction of Aerial Photography and Survey from Foreign Aircraft

159. A foreign aircraft shall not fly over Tonga for the purpose of aerial photography or aerial survey except with the permission of the Minister granted under this regulation to the operator or charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

Flight of Aircraft Over Foreign Countries

160. (1) The operator or pilot in command of a Tongan aircraft (or, if the operator's principal place of business or permanent residence is in Tonga, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

(3) The operator or pilot in command of a Tongan aircraft (or, if the operator's principal place of business or permanent residence is in Tonga, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever -

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of or to the safety of air navigation in relation to, that country;

unless the lives of persons on board or the safety of the aircraft would thereby be endangered.

(4) A person does not contravene paragraph (3) if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(6) In this article, appropriate aeronautical authorities includes any person, whether a member of a country's military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Mandatory Reporting of Incidents and Occurrences

161. (1) Subject to the provisions of this regulation, every person who:

(a) is the operator or member of the flight crew of Tongan aircraft which is a public transport aircraft or has a maximum total weight authorised of more than 2,300 kg; or

(b) carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof; or

(c) signs a certificate of maintenance or compliance in respect of such an aircraft, part or equipment; or

(d) performs a function as an air traffic controller; or

(e) is the licensee or manager of a Government airport or licensed airport.

shall make a report to the Minister of the following occurrences (in this regulation referred to as "reportable occurrences") of which he knows, within such time, by such means and containing such information in such form as the Minister may direct that is to say occurrences -

(i) involving damage to an aircraft;

(ii) involving injury to a person;

(iii) involving the impairment during a flight of the capacity of a member of the flight crew of an aircraft to undertake the functions to which his licence relates;

(iv) involving the use in flight of any procedures taken for the purpose of overcoming an emergency;

(v) involving the failure of an aircraft system including failure of the flight control, power plant, hydraulic, pneumatic, pressurisation, electrical navigation systems or of any equipment of an aircraft;

(vi) arising from the control of an aircraft in flight by its flight crew;

(vii) arising from failure or inadequacies of facilities or services on the ground used or intended to be used for purposes of or in connection with the operation of aircraft;

(viii) arising from the loading or the carriage of passengers, cargo or fuel; and

(ix) any other occurrence which, in the opinion of such a person constitutes an occurrence endangering, or which if not corrected would endanger, the safety of an aircraft, its occupants or any other person.

(2) A person referred to in paragraph (1), shall make a report to the Minister within such time, by such means, and containing such information as the Minister may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to an occurrence which has been reported by him or by another person to the Minister in accordance with this regulation.

(3) Subject to paragraph (2), nothing in this regulation 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 Minister in accordance with this regulation.

(4) A person shall not make any report under this regulation if he knows or has reason to believe that the report is false in any particular.

(5) Without prejudice to Regulation 120 (2) and subject to the provisions Regulation 122, 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 regulation, preserve any data from a flight data recorder relevant to the reportable occurrence for fourteen days from the date on which a report of that occurrence is made to the Minister or for such longer period as the Minister may in a particular case direct:

Provided that the record may be erased if the aircraft is outside Tonga and it is not reasonably practicable to preserve the record until the aircraft reaches Tonga.

Civil Air Ensign

162. (1) The Minister may by order specify the design and colours of the civil air ensign of Tonga.

(2) The civil air ensign of Tonga shall not be used or flown in or outside Tonga except -

(a) at any Government airport in Tonga;.

(b) at any airport in Tonga licensed for public use and with the permission in writing of the Minister;

(c) on any Tongan aircraft engaged in international air-navigation;

(d) on or in the precincts of any building occupied by an airline having its principal place of business in Tonga; and

(e) in accordance with the permission of, and subject to such conditions as may be specified by the Minister.

Right of Inspection

163. The Minister or any authorised person may -

(a) at all reasonable times enter any place or airport to which access is necessary or required for the purpose of exercising any powers or carrying out any duties under these Regulations;

(b) at all times during working hours enter any place in which aircraft, aircraft equipment or engines or parts thereof are being overhauled, repaired or assembled for the purpose of inspection;

(c) enter, search and inspect any aircraft for the purpose of securing compliance with any of these Regulations or any direction, notice, certificate, licence, approval permission or exemption issued, made, served, granted or having effect under these Regulations.

Obstruction of Persons

164. A person shall not intentionally obstruct or impede any person acting in the course of the exercise of his powers or the performance of his duties under these regulations.

Revocation, Suspension and Variation of Certificates, Licences and
Other Documents

165. (1) The Minister may, if he thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under these regulations pending inquiry into or consideration of the case. The Minister may, on sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(2) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this regulation shall surrender it to the Minister upon demand by him.

(3) The breach of any condition subject to which any certificate licence, approval, permission, exemption or other document, has been granted or issued, or which has effect under these regulations shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

(4) Notwithstanding paragraph (1), a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Minister, whether or not after due inquiry.

Power to Prevent Flying

166. (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 these Regulations or any directions issued thereunder would be contravened in relation to the flight; or

(b) in such circumstances that the flight would be a cause of danger to any person or property whether or not in the aircraft; or

(c) while in condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of these Regulations or any directions issued thereunder.

The Minister or such authorised person may direct the operator or the pilot in command 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 the authorised person and the Minister or that authorized person may take such steps as are necessary to detain the aircraft.

(2) For the purposes of paragraph (1) The Minister or any authorised person may enter upon and inspect any aircraft.

Enforcement of Directions and Conditions

167. Any person who fails to comply -

(i) with any direction or instruction or order given by the Minister or,

(ii) with any condition of a licence, certificate or rating issued or rendered valid; or

(iii) with any condition of an approval, permission or exemption given or granted;

under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision of these Regulations.

Contraventions and Penalties

168. (1) If any provision of these Regulations is contravened in relation to an aircraft, the owner, hirer, and operator of that aircraft and the pilot in command thereof, shall without prejudice to the liability of any other person under these Regulations for that contravention) be deemed for the purposes of the following provisions of this regulation to have contravened that provision.

(2) It shall be a defence to any proceedings for contravention or a failure to comply with any provision of these Regulations if the contravention or failure is proved to have been due to accident, stress of weather or other unavoidable cause; and in the case of proceedings against the owner, hirer, operator or pilot in command of an aircraft that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(3) Any person who contravenes any provision of these Regulations shall be liable to a fine not exceeding $500.00 or imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Delegation by Minister

169. The Minister may delegate any power or duty conferred or imposed by these regulations to any person.

Extra Territorial Application of Regulations

170. Except where the context otherwise requires, the provisions of these Regulations in so far as they, whether by express reference or otherwise -

(a) apply to Tongan aircraft, shall apply to such aircraft wherever they may be;

(b) apply to other aircraft, shall apply to such aircraft when they are within Tonga;

(c) prohibit, require or regulate the doing of anything by persons in, or by any member of the crew of, a Tongan aircraft or by any other persons being citizens of Tonga in relation to a Tongan aircraft, shall apply to such persons, crew and citizens wherever they may be.

Application of Regulations to Tongan Controlled Foreign Aircraft

171. The Minister may direct that such of the provisions of these Regulations as may be specified in the direction shall have effect as if reference in those provisions to Tongan aircraft or aircraft registered in Tonga 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 Tonga.

Application of Regulations to Aircraft of the
Government and Visiting Forces

172. (1) Subject to the provisions of this regulation, these Regulations shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Government of Tonga, as they apply to or in relation to other aircraft and for the purposes of such application the Department for the time being responsible on behalf of the Government of Tonga 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 of Tonga, be the owner of the interest of the Government in the aircraft.

(2) Nothing in the regulation shall render liable to any penalty any Department responsible on behalf of the Government of Tonga for the management of an aircraft.

(3) Subject to paragraph 4 these regulations with the exception of Regulations 82, 94 and 97 to 115 inclusive shall not apply to military aircraft.

(4) The Minister may, with the consent of the Privy Council apply to aircraft belonging to or exclusively employed in the service of the Tonga Defence Services such other of the provisions of these Regulations with such adaptions and modifications as are specified in an instrument of notification made under his hand.

Non-Application of Regulations to Small Aircraft

173. These Regulations, other than Regulation 70 (2) shall not apply to or in relation to -

(a) any balloon which at any stage of its flight is not more than 2 metres in any linear dimension including any basket or other equipment attached to the balloon;

(b) any kite weighing not more than 2 kg;

(c) any other aircraft weighing not more than 5 kg without its fuel.

General Power to Exempt

174. The Minister may issue directions exempting any aircraft or class of aircraft or any person or class of persons from any provision of these Regulations, either wholly or partially, subject to such conditions, if any, as may be specified in the directions.

Restriction on Carriage for Hire or Reward by
Foreign Aircraft or Foreign Controlled Aircraft

175. (1) A foreign aircraft shall not take on board or discharge any passengers or cargo in Tonga, being passengers or cargo carried or to be carried for hire or reward, except with the permission of the Minister granted under this regulation to the operator or the charterer of the aircraft or to the Government of the country in which the operator or the charterer, as the case may be, is permanently resident or has his principal place of business, and in accordance with any conditions to which such permission may be subject.

(2) If it appears to the Minister or an authorized person that any aircraft is intended or likely to be flown in such circumstances that paragraph (1) of this Regulation or Regulation 159 would be contravened in relation to the flight, the Minister or that authorized person may direct the operator or the pilot in command 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 authorized person and the Minister or any authorized person may take such steps as are necessary to detain the aircraft.

(3) For the purposes of paragraph (2) the Minister or any authorized person may enter upon any airport and may enter upon and inspect any aircraft.

(4) In this regulation references to foreign aircraft shall have effect as if they included references to Tongan aircraft which are for the time being under the management of an operator whose permanent residence or principal place of business is in a country other than Tonga.