[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation
Title
PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Interpretation.
PART II
REGISTRATION AND MARKING OF AIRCRAFT
3. Aircraft to be registered.
4. Registration of aircraft in Tanzania.
5. Nationality and registration marks.
PART III
AIR OPERATOR'S CERTIFICATE
6. Air Operator's Certificate to be in force.
PART IV
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
7. Certificate of airworthiness to be in force.
8. Issue and renewal of certificate of airworthiness.
9. Maintenance and certificate of maintenance.
10. Inspection, overhaul, repair, replacement and modification.
11. Licensing of maintenance engineers.
12. Equipment of aircraft.
13. Radio equipment of aircraft.
14. Aircraft, engine and propeller log-books.
15. Aircraft weight schedule.
16. Access and inspection.
PART V
AIRCRAFT CREW AND LICENSING
17. Composition of crew of aircraft.
18. Flight crew member to hold licence.
19. Classes of licences.
20. Validation of licences.
21. Personal flying log-book.
22. Instruction in flying.
23. Glider pilot minimum age.
PART VI
OPERATION OF AIRCRAFT
24. Operations manual.
25. Training manual.
26. Public transport operator's responsibilities.
27. Public transport loading of aircraft.
28. Public transport operating conditions.
29. Aircraft registered in Tanzania aerodrome operating minima.
30. Aircraft not registered in Tanzania aerodrome operating minima.
31. Pre-flight action by commander of aircraft.
32. Pilots to remain at controls.
33. Public transport of passengers, duties of commander.
34. Operation of radio in aircraft.
35. Use of flight data recorder and preservation of records.
36. Towing of gliders.
37. Towing, picking up and raising of persons and articles.
38. Dropping of persons and articles.
39. Carriage of weapons and munitions of war.
40. Carriage of dangerous goods.
41. Accommodation of persons.
42. Exits and break in markings.
43. Imperilling safety of aircraft.
44. Imperilling safety of any person or property.
45. Drunkenness in aircraft.
46. Smoking in aircraft.
47. Authority of commander of aircraft.
48. Stowaways.
PART VII
FATIGUE OF CREW
49. Application and interpretation of Part VII.
50. No operator shall permit an aircraft to make a flight.
51. Fatigue of crew: operator's responsibilities.
52. Flight times: responsibilities of flight crew.
PART VIII
DOCUMENTS
53. Documents to be carried.
54. Production of documents.
55. Preservation of documents.
56. Revocation, suspension and variation of certificates, licences and other documents.
57. Offences in relation to documents.
PART IX
CONTROL OF AIR TRAFFIC
58. Rules of the Air and Air Traffic Control.
59. Licensing of air traffic controllers.
60. Prohibition of unlicensed air traffic controllers.
61. Incapacity of air traffic controllers.
62. Powers to prohibit or restrict flying.
63. Balloons, flying kites and airships.
PART X
AERODROMES, AERONAUTICAL GROUND LIGHTS AND DANGEROUS LIGHTS
64. Aerodromes, public transport of passengers and instruction in flying.
65. Use of Government aerodromes.
66. Licensing of aerodromes.
67. Charges at aerodromes licensed for public use.
68. Use of aerodromes by aircraft other than Tanzania aircraft.
69. Noise and vibration caused by aircraft on aerodromes.
70. Aeronautical ground lights.
71. Dangerous lights.
PART XI
GENERAL PROVISIONS
72. Prohibited areas.
73. Power to prevent aircraft flying.
74. Regulation of rocket firing.
75. Right of access to aerodromes and other places.
76. Obstruction of persons.
77. Enforcement of directions.
78. Fees.
79. Penalties.
80. Extra-territorial effect of the Regulations.
81. Regulations by the Director-General.
82. Application of Regulations to the Government of Tanzania and visiting forces, etc.
83. Exemption from the regulations.
84. Regulations not to confer right to land.
85. Small aircraft.
SCHEDULES
THE TANZANIA AIR NAVIGATION REGULATIONS
G.Ns. Nos.
170 of 1983
265 of 1989
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Tanzania Air Navigation Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"act" means the Civil Aviation Act *;
"aerial work" has the meaning assigned to it by section 2(1) of the Act;
"aerial work undertaking" means an undertaking whose business includes the performance of aerial work;
"acrobatic manoeuvre" means manoeuvre intentionally performed by an aircraft involving an abrupt change in its altitude, an abnormal altitudes, or an abnormal variation in speed;
"aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be either wholly or in part for the arrival, departure and surface movement of aircraft;
"aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;
"aeronautical ground light" means any light specially provided as an aid to air navigation other than a light display on an aircraft;
"aircraft" has the meaning assigned to it by section 2(1) of the Act;
"air traffic control unit" includes the areas of the air traffic control centre, approach control office and aerodrome control tower;
"air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;
"appropriate aeronautical radio station" means in relation to an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being;
"appropriation air traffic control unit" means, in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being;
"authorised person" means any person authorised by the Director-General either generally or in relation to a particular case or class of cases, and reference to the holder for the time being of any office designated by the Director-General;
"beneficial interest" includes interests arising under contract and other equitable interests;
"commander" in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
"competent authority" means in relation to Tanzania, the Director-General, and in relation to any other state, the authority responsible under the law of the state for promoting the safety of 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 which is a party to the Chicago Convention;
"controlled airspace" means control areas and control zones;
"control area" means airspace which has been notified as such and which extends upwards from a notified altitude;
"control zone" means airspace which has been notified as such and which extends upwards from the surface;
"co-pilot" in relation to an aircraft, means a pilot who in performing his duty is subject to the direction of another pilot carried on the aircraft;
"crew" has the meaning assigned to it by section 2(1) of the Act;
"flight" and "to fly" have the meanings respectively assigned to them by paragraph (2);
"flight crew" in relation to an aircraft, means those members of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;
"flight level" means surfaces of constant atmosphere pressure which are related to a specific pressure datum, 1013.2 millibars, and are separated by specific intervals;
"flight simulator" means an apparatus by means of which flight conditions in an aircraft are simulated on the ground;
"Government aerodrome" has the meaning assigned to it by section 2(1) of the Act;
"Instrument Flight Rules" means Flight Rules contained in Section VI of the Twelfth Schedule to these Regulations;
"licence" includes any certificates of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the state in which the licence is granted;
"licensed aerodrome" means an aerodrome licensed under these Regulations;
"life-jacket" includes any device designed to support a person individually in or on the water;
"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 in accordance with the certificate of airworthiness in force in relation to the aircraft;
"military aircraft" includes the naval, military or airforce aircraft of any state or organisation;
"night" means the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunrise and sunset being determined at surface level, and in addition includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of 4,572 metres;
"notified" means shown in any of the following publications issued in Tanzania whether before or after the coming into operation of these Regulations: Aeronautical Information Publication, Notams, Information Circulars, or such other official publication so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;
"operator" has the meaning assigned to it by paragraph (3);
"pilot in command" in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
"prescribed" means prescribed by regulations made by the Director-General under these regulations;
"prototype (modified) aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which, in part, has not previously been investigated in connection with any such application;
"prototype aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which has not previously been investigated in connection with any such application;
"public transport" has the meaning assigned to it by paragraph (4);
"radio" is to be interpreted as a general term applied to the use of electromagnetic waves of frequencies between ten kilocycles a second and three million megacycles a second;
"radio apparatus" includes all apparatus, including any ancillary equipment, for sending or receiving by means of radio;
"rocket" means any projectile for projection through the air by the combustion of its own contents and having a total weight before firing of more than 3 kg;
"Visual Flight Rules" means the Visual Flight Rules contained in Section V of the Twelfth Schedule to these Regulations
(2) An aircraft shall be deemed to be in flight–
(a) in the case of an aeroplane 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;
(b) 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 comes attached or comes to rest,
and the expression "a flight" and "to fly" shall be construed accordingly.
(3) References in these Regulations to the operator of an aircraft are, for the purpose of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft:
Provided that, for the purposes of the application of any provision in Part IV of these Regulations, when, by virtue of any lease, charter 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 provisions of this paragraph shall have effect as if that agreement has not been entered into.
(4)(a) Subject to the provisions of this paragraph an aircraft in flight shall, for the purpose of these Regulations, be deemed to fly as a public transport–
(i) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight;
(ii) 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 if the undertaking (including, in the case of a body corporate, its directors), and, persons authorised by the Director-General to witness the training or tests referred to in regulation 18(4), or the training practice or tests referred to in regulation 26(1) or cargo intended to be used by any such passengers or by the undertaking; or
(iii) for the purpose of Part IV of these Regulations, 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 as a public transport by reason of subparagraph (iii) of this paragraph, it shall be deemed not to be flying for public transport of passengers unless hire or reward is given or promised for the carriage of these passengers.
(b) Where under a transaction effected by or on behalf of a member of an unincorporated association of persons on the one hand and the association of persons or any member on the other hand, a person 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 effected otherwise than as aforesaid, hire or reward shall, for the purposes of these Regulations, be deemed to be given.
(5) The expression appearing in the "General Classification of Aircraft" set forth in Part A of the First Schedule to these Regulations shall have the meaning assigned to them.
(6) A power to make regulations under these Regulations shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and different parts of Tanzania.
(7)(a) Any power conferred by these Regulations to issue, make, serve or grant any instrument shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.
(b) In this paragraph "instrument" includes any regulation, direction, instruction, rule or other requirements, any notice and any certificate, licence, approval, permission, exemption, log-book record or other document.
PART II
REGISTRATION AND MARKING OF AIRCRAFT (regs 3-5)
3. Aircraft to be registered
(1) Subject to paragraph (2), an aircraft shall not fly over Tanzania unless it is registered in–
(a) Tanzania; or
(b) a Contracting State; or
(c) some other state in relation to which there is in force an agreement between the Government of Tanzania, and the Government of that State which makes provisions for the flight over Tanzania, of aircraft registered in that State:
Provided that–
(i) a glider may fly unregistered, and shall be deemed to be registered in Tanzania for the purpose of regulations 12, 13, 18 and 31 on any flight which:
(a) begins and ends in Tanzania without passing over any other state; and
(b) is not for the purpose of public transport or aerial work;
(ii) any aircraft may fly unregistered on any flight which:
(a) is in accordance with the "B Conditions" set forth in the Second Schedule to these Regulations; and
(b) begins and ends in Tanzania without passing over any other state;
(iii) this paragraph shall not apply to any kite or captive balloon.
(2) The Director-General may, in such special circumstances and subject to such conditions or limitations as he may think fit, exempt temporarily from the provisions of paragraph (1) an aircraft registered elsewhere.
(3) If an aircraft flies over Tanzania in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in Tanzania an offence against these Regulations or against other subsidiary legislation made under the Act, would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
4. Registration of aircraft in Tanzania
(1) The Director-General shall be the authority for the registration of aircraft in Tanzania.
(2) Subject to the provisions of this regulation, an aircraft shall not be registered or continued to be registered in Tanzania if it appears to the Director-General that–
(a) the aircraft is registered anywhere outside Tanzania; or
(b) an unqualified person is entitled as owner of any legal or beneficial interest in the aircraft or any share therein; or
(c) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Tanzania.
(3) The following persons and no other shall be qualified to be the owner of a legal or beneficial interest in an aircraft registered in Tanzania–
(a) Tanzania Government;
(b) Tanzania citizens, bona fide residents of Tanzania;
(c) bodies corporate established and subject to the laws of Tanzania.
(4) If an aircraft is leased to a person qualified under paragraph (3), the Director-General may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the name of the lessor, upon being satisfied that the aircraft may otherwise be properly so registered; and subject to this regulation, the aircraft may remain so registered, during the continuation of the charter.
(5) Application for registration of an aircraft in Tanzania shall be made in writing to the Director-General and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and leasing as he may require to enable him to determine whether the aircraft may properly be registered in Tanzania and to issue the certificate referred to in paragraph (7). In particular, the application shall include the proper description of the aircraft according to the "General Classification of Aircraft" set forth in Part A of the First Schedule to these Regulations.
(6) Upon receiving an application for the registration of an aircraft in Tanzania and being satisfied that the aircraft may properly be so registered, the Director-General shall register the aircraft, whenever it may be, and shall include 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 Director-General;
(c) the name of the constructor of the aircraft and its designation;
(d) the serial number of the aircraft;
(e) the name and address of every person who is entitled as owner to a legal interest in the aircraft which is the subject of a hire purchase agreement, and the name and address of the hirer; and
(f) in the case of an aircraft registered in pursuance of paragraph (4) an indication that it is so registered.
(7) The Director-General shall furnish to the person or persons in whose name the aircraft is registered (hereinafter referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued.
(8) Subject to paragraphs (4) and (5) if at any time after an aircraft has been registered in Tanzania an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or a share, the registration of the aircraft shall become void and the certificate of registration shall be returned by the registered owner to the Director-General for cancellation.
(9) Any person who is registered as the owner of an aircraft registered in Tanzania shall inform the Director-General in writing of–
(a) any change in the particulars which were furnished to the Director-General upon application being made for the registration of the aircraft;
(b) the destruction of the aircraft, or its permanent withdrawal from use;
(c) in the case of an aircraft registered in pursuance of paragraph (4) the termination of the lease.
(10) Any person who becomes the owner of an aircraft registered in Tanzania shall inform the Director-General in writing to that effect.
(11) The Director-General may, whenever it appears to him necessary or appropriate to do so for giving effect to the provisions of this Part of these Regulations or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, cancel the registration of the aircraft, after satisfying himself that there has been a change in the ownership of the aircraft.
(12) In this regulation references to "an interest in an aircraft" do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (9) to the registered owner of an aircraft includes in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.
(13) Nothing in this regulation shall require the Director-General to cancel the registration of an aircraft if, in his opinion, it would be inexpedient in the public interest to do so.
5. Nationality and registration marks
(1) An aircraft (other than aircraft permitted by law to fly without being registered) shall not fly unless it bears painted 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) The marks to be borne by aircraft registered in Tanzania shall comply with Part B of the First Schedule to these Regulations.
(3) An aircraft shall not bear any marks which purport to indicate–
(a) that the aircraft is registered in a state in which it is not in fact registered; or
(b) that the aircraft is a state aircraft of a particular state if it is not in fact such an aircraft,
unless the appropriate authority of that state has sanctioned the bearing of such marks.
PART III
AIR OPERATOR'S CERTIFICATE (reg 6)
6. Air operator's certificate to be in force
(1) The Director-General may grant to any person applying for an air operator's certificate if the Director-General is satisfied that such person is competent, having regard in particular to the person's previous conduct and experience, his equipment, organisation, staffing, maintenance, and other arrangements, to secure the safe operation of aircraft of 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 Director-General may think fit and shall, subject to the provisions of regulation 57 of these Regulations, remain in force for the period specified in the certificate.
(2) No aircraft registered in Tanzania shall fly as a public transport contrary to the terms contained in the air operator's certificate granted to its operator under the provisions of paragraph (1) of this regulation.
PART IV
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT (regs 7-16)
7. Certificate of air-worthiness to be in force
(1) An aircraft shall not fly unless there is in force of such aircraft a certificate of airworthiness duly issued or rendered valid under the law of the state 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 beginning and ending in Tanzania without passing over any other state and the same shall not apply in respect of–
(a) a glider, if it is not being used for the public transport of passengers; or aerial work;
(b) a balloon, if it is not being used for the public transport of passengers;
(c) a kite;
(d) an aircraft flying in accordance with the conditions of a permit to fly issued by the Director-General in respect of that aircraft.
(2) In the case of an aircraft registered in Tanzania the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with the provisions of regulation 8.
8. Issue and renewal of certificate of air-worthiness
(1) The Director-General may issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to–
(a) the design, construction, workmanship and materials 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 such tests including flying trials as he may in his discretion require.
(2) The Director-General may issue the certificate of airworthiness subject to such conditions relating to the airworthiness of the aircraft as he thinks fit.
(3) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in paragraph (1) of regulation 28.
(4) The Director-General may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations a certificate of airworthiness issued in respect of any aircraft under the law of any state other than Tanzania.
(5) Subject to the provisions of this regulation and of regulation 5, a certificate of airworthiness or a certificate of validation issued under this regulation shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Director-General for such further period as he thinks fit.
(6) Every certificate of airworthiness and certificate of validation, shall specify such categories as are, in the opinion of the Director-General, appropriate to the aircraft in accordance with the Third Schedule to these Regulations and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to these categories.
(7) A certificate of airworthiness or a certificate of validation, issued in respect of an aircraft 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 is replaced, otherwise than in manner and with material of a type approved by the Director-General 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 as aforesaid, being an inspection required by the Director-General to be made for the purpose of ascertaining whether the aircraft remains airworthy; or
(c) until the completion to the satisfaction of the Director-General of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Director-General for the purpose of ensuring that the aircraft remains airworthy.
(8) Without prejudice to any other provision of these Regulations the Director-General 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 Director-General shall cause to be prepared and preserved in relation to each aircraft registered in Tanzania a record enabling the aircraft (including in particular its engines) and such of its equipment as he may have considered necessary for the airworthiness of the aircraft in issuing, varying or rendering a valid certificate of airworthiness, to be identified with the drawings and other documents on the basis of which the certificate was issued, varied or rendered valid as the case may be. All equipment so identified shall for the purposes of these Regulations be deemed to be equipment necessary for the airworthiness of the aircraft. The Director-General shall cause such record to be produced for examination upon request being made at any reasonable time by any person having in the opinion of the Director-General, reasonable grounds for requiring to examine it.
9. Maintenance and certificate of maintenance
(1) An aircraft registered in Tanzania shall not fly for the purpose of public transport or dropping or projecting any material for agricultural, public health or similar purposes, or any purposes notified by the Director-General, unless–
(a) the aircraft (including in particular its engines), together with its equipment, is maintained in accordance with maintenance schedules approved by the Director-General in relation to that aircraft; and
(b) there are in force in respect of that aircraft including its radio station certificates (in these Regulations referred to as "certificates of maintenance") issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedules:
Provided that an aircraft may, notwithstanding that subparagraph (a) has 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) An aircraft registered in Tanzania shall not fly unless the flight data recording system, if any, required by or under these Regulations is carried and maintained in accordance with a maintenance schedule approved by the Director-General in relation to that equipment and there is in force in respect of that equipment a certificate of maintenance issued in accordance with the provisions of this Regulation and certifying that maintenance has been carried out in accordance with such maintenance schedule.
(3) 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, whichever may be the earlier, and the validity of the certificate shall be recorded in the certificate at the time when it is issued.
(4) A certificate of maintenance may be issued for the purpose of this regulation only by–
(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer or aircraft radio maintenance engineer being a licence of a category appropriate in accordance with regulation 10 and the Fourth Schedule to these Regulations; or
(b) the holder of a licence of an engineer granted under the law of State other than Tanzania and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence; or
(c) the holder of a licence of an engineer granted under the law of any such state as may be notified; or
(d) a person whom the Director-General has authorised to issue a certificate of maintenance in a particular case, and in accordance with that authority:
Provided that, upon approving a maintenance schedule,the Director-General may direct that a certificate of maintenance relating to that schedule, or to any part specified in his direction, may be issued only by the holder of such licence as is so specified.
(5) Certificate of maintenance shall be issued in duplicate. One of the duplicates shall, during the period of validity of the certificate, be carried in the aircraft as required by regulation 54 and the other shall be kept by the operator elsewhere than in the aircraft.
(6) On the termination of every flight by an aircraft registered in Tanzania, the commander of the aircraft shall enter in a technical log-book particulars of–
(a) the times at which that flight began and ended;
(b) any defect in any part of the aircraft or its equipment, including its radio station, which may be known to him, being a part to which a maintenance schedule relates, and if no such defect is known to him, he shall make an entry to that effect and 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 aerodrome and with the same person as commander of the aircraft, the commander of the aircraft may enter the particulars in a technical log-book at the end of the last of the flights.
(7) Upon the rectification of any defect which has been entered in a technical log-book in accordance with paragraph (6) a copy of the certificate of compliance required by regulation 10 in respect of the work done for the rectification of the defect, shall be entered in the technical log-book in such a position or manner as to be readily identifiable with the entry of defect to which it relates.
(8) The technical log-book referred to in paragraphs (6) and (7) shall be carried in the aircraft when regulation 53 so requires and copies of the entries referred to in those paragraphs shall be kept on the ground.
(9) Subject to regulation 55 every certificate of maintenance shall be preserved by the operator of the aircraft for a period of two years following the expiry of the period of validity of the certificate and for such further period as the Director-General may require in any particular case.
10. Inspection, overhaul, repair, replacement and modification
(1) An aircraft registered in Tanzania, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force, shall not fly (except as provided for in paragraph (2) of this regulation) if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft, has been overhauled, repaired, replaced or modified, or has been inspected as provided in regulation 8(7)(b), unless there is in force a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair, replacement, modification or inspection, as the case may be:
Provided that–
If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such 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 the aircraft is at that place,
the aircraft may fly to a place at which such a certificate can be issued, being the nearest place–
(aa) to which the aircraft can, in the reasonable opinion of the commander safely fly by a route for which it is properly equipped; and
(bb) to which it is reasonable to fly having regard to any person on board,
and in such case the commander of the aircraft shall cause written particulars of the flight, and the reason for making it, to be given to the Director-General within 10 days.
(2) Neither–
(a) equipment provided in compliance with Fifth Schedule to these Regulations (except paragraph (3) thereof); nor
(b) in the case of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, whether or not such apparatus is provided in compliance with these Regulations or any regulation made thereunder,
shall be installed, or placed on board for use, in an aircraft registered in Tanzania 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 and relating to the overhaul, repair or modification, as the case may be.
(3) For the purpose of these Regulations, "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 Director-General 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 Director-General, that the inspection has been made in accordance with the requirement of the Director-General and that any consequential repair or replacement has been carried out.
(4) A certificate of compliance may be issued for the purpose of this regulation only by–
(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer or aircraft radio maintenance engineer being a licence of a category appropriate in accordance with regulation 11 and the Fourth Schedule to these Regulations; or
(b) the holder of a licence of an engineer granted under the law of a state other than one of Tanzania and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence; or
(c) the holder of a licence of an engineer granted under the law of any such state as may be notified, in accordance with the privileges endorsed on the licence and subject to any conditions which may be notified; or
(d) a person approved by the Director-General as being competent to issue such certificates; or
(e) a person whom the Director-General has authorised to issue the certificate in a particular case;
(f) 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.
(5) Subject to regulation 55, 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.
(6) In this regulation, the word "repair" includes, in relation to a compass the adjustment and compensation.
11. Licensing of maintenance engineers
(1) The Director-General may grant to any person a licence to act for the purposes of these Regulations as an aircraft maintenance engineer or aircraft radio maintenance engineer of one of the categories specified in the Fourth Schedule to these Regulations, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by his knowledge and experience to do so, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Director-General may require of him. The Director-General may include a rating in the licence limiting the licence to particular types of aircraft or equipment.
(2) A licence of any category shall, subject to any rating, entitle the holder to issue certificates of maintenance, certificates of compliance or certificates of fitness for flight in accordance with the Fourth Schedule to these Regulations.
(3) A licence and a rating shall, subject to the provision of regulation 56, remain in force for the periods specified therein, not exceeding twelve months, but may be renewed by the Director-General from time to time upon his being satisfied that the applicant is a fit and proper person and is qualified.
(4) The Director-General may issue a certificate rendering valid for the purposes of these regulations any licence as an aircraft maintenance engineer granted under the law of any state other than Tanzania for such conditions, and for such periods, as the Director-General thinks fit.
(5) Upon receiving a licence granted under this regulation, the holder shall forthwith sign his name in ink with his ordinary signature.
12. Equipment of aircraft
(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the State in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with these Regulations and any regulations made thereunder.
(2) In the case of aircraft registered in Tanzania, the equipment required to be provided (in addition to any other equipment required by or under these Regulations) shall be that specified in such parts of the Fifth Schedule to these Regulations as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph (3) of the said Schedule shall be of a type approved by the Director-General either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(3) In any particular case the Director-General may direct that an aircraft registered in Tanzania 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 carried in the aircraft.
(4) 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.
(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular, there shall be exhibited in a prominent position in every passenger compartment of every public transport aircraft registered in Tanzania a notice stating where the life jackets (if any) are to be found, and containing instructions as to how they are to be used.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this regulation, 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.
(7) Without prejudice to paragraph (2) of this regulation, all navigational equipment (other than radio apparatus) of any of the following types, namely–
(a) equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it; and
(b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies,
when carried in an aircraft registered in Tanzania (whether or not in compliance with these Regulations), shall be of a type approved by the Director-General either generally or in relation to that aircraft and shall be installed in a manner so approved.
(8) This regulation shall not apply in relation to radio apparatus except that specified in the Fifth Schedule to these Regulations.
13. Radio equipment of aircraft
(1) An aircraft shall not fly unless it is so equipped with radio apparatus as to comply with the law of the State in which the aircraft is registered and to enable communications to be made, and the aircraft to be navigated, in accordance with the provisions of these Regulations and any regulations made thereunder.
(2) In the case of aircraft registered in Tanzania the aircraft shall be equipped with radio apparatus in accordance with the Sixth Schedule to these Regulations.
(3) In any particular case the Director-General may direct that an aircraft registered in Tanzania shall carry such additional or special radio apparatus 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 carried in the aircraft.
(4) The radio apparatus carried in an aircraft in compliance with this regulation shall always be maintained in serviceable condition and shall be as notified in respect of the radio frequency employed.
(5) All radio apparatus installed in an aircraft registered in Tanzania whether or not in compliance with these Regulations or any regulations made thereunder, shall be of a type approved by the Director-General as suitable for the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by paragraph (1) of regulation 3 to fly unregistered, be installed in a manner approved in writing by the Director-General. Neither the apparatus nor the manner in which it is installed shall be modified except with the approval of the Director-General.
(6) The Director-General may, if in his opinion the circumstances are exceptional, grant in writing an exemption from compliance with all or any of the requirements of this regulation or of regulation 30(3) in respect of any aircraft or type of aircraft and subject to such conditions as he may think fit. In particular, the Director-General may grant such an exemption in any case where, owing to the absence of radio facilities available for air navigation, it appears to him that the carriage of radio apparatus would serve no useful purpose.
14. Aircraft, engine and propeller log-books
(1) In addition to any other log-books required by or under these Regulations, the following log-books shall be kept in respect of every aircraft registered in Tanzania–
(a) an aircraft log-book; and
(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.
The log-book shall include the particulars respectively specified in the Seventh Schedule to these Regulations.
(2) Each entry in the log-book shall be made as soon as 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.
(3) Entries in a log-book may refer to other documents, which shall be clearly identified, and any other document so referred to shall be deemed, for the purposes of these Regulation, to be part of the log-book.
(4) It shall be the duty of the operator of every aircraft to keep or cause to be kept in accordance with the provisions of this regulation such log-books as are by this regulation required to be kept.
(5) Subject to regulation 55, every log-book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
15. Aircraft weight schedule
(1) Every flying machine and glider 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 Director-General may require in the case of that aircraft.
(2) Upon the aircraft being weighed the operator of the aircraft 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 oil in the aircraft and 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 regulation 55, the weight schedule shall be preserved by the operator of the aircraft until the expiry of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this regulation.
16. Access and inspection
(1) The Director-General may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary to enable him to perform the functions vested in him by this Part of these Regulations, and any person authorised in writing by the Director-General shall at any reasonable time have the right of access to any place in any establishment to which access is necessary for the purpose of inspecting the manufacture of or assembly of any part of the aircraft or any drawings or other documents relating to any part of the aircraft.
(2) Without prejudice to the generality of paragraph (1), the Director-General, and any authorised person, may inspect and test any aircraft radio station, other than a station comprising only the radio apparatus specified in the proviso to regulation 13(5), and may inspect any workshop or other place used for the maintenance of aircraft radio apparatus, and shall at any reasonable time have the right of access as necessary to enable the exercise of the powers conferred by this paragraph.
PART V
AIRCRAFT CREW AND LICENSING (regs 17-23)
17. Composition of crew of aircraft
(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the State in which it is registered.
(2) An aircraft registered in Tanzania 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.
(3) An aircraft registered in Tanzania and flying for the purpose of public transport, having a maximum authorised total weight authorised of 5,700 kg. or more, shall carry not less than two pilots as members of the flight crew.
(4) An aircraft registered in Tanzania flying for the purpose of public transport on–
(a) a flight during the course of which it is intended that the aircraft shall be over water for a great circle distance of more than 1,000 nautical miles; or
(b) a flight without landing which is intended to be of a great circle distance of more than 1,500 nautical miles,
shall carry–
(i) a flight navigator as a member of the flight crew; or
(ii) navigation equipment approved by the Director-General and used in accordance with any conditions subject to which that approval may have been given.
(5) On any flight where paragraph (4) requires that a flight navigator be carried and a pilot and second pilot are carried, then the pilot or the second pilot, if licensed as a flight navigator, may be responsible for the navigation of the aircraft provided he holds a licence having an aircraft rating in respect of the particular type of aircraft.
(6)(a) When an aircraft registered in Tanzania carries 20 or more passengers on a flight for the purposes of public transport, the crew of the aircraft shall include cabin attendants carried for the purposes of performing in the interest of the safety of passengers duties to be assigned by the operator or the person in command of the aircraft, but who shall not act as members of the flight crew.
(b) The Director-General may give a direction to the operator of any aircraft registered in Tanzania requiring him to include among the crew whenever the aircraft is flying for the purposes of public transport at least one cabin attendant, notwithstanding that the aircraft may be carrying fewer than 20 passengers.
(c) In the case of an aircraft with a total seating capacity of not more than 200, the number of cabin attendants carried on such a flight as is mentioned in subparagraph (a) of this regulation, shall be not less than one cabin attendant for every 50, or fraction of 50, passengers carried.
(d) In the case of an aircraft with a total seating of more than 200, the number of cabin attendants carried on such a flight shall be not less than half the number of main exits in the aircraft, and in addition, when more than 200 passengers are carried, one additional cabin attendant for every 25, or fraction of 25, of such passengers:
Provided that, if the number of cabin attendants, calculated in accordance with this subparagraph, exceeds the number of main exits in the aircraft, it shall be sufficient compliance with this regulation if the number of cabin attendants carried is equal to the number of main exits in the aircraft.
(e) For the purposes of this paragraph, a main exit means an exit in the side of the aircraft at floor level intended for the disembarkation of passengers whether normally or in an emergency.
18. Flight crew member to hold licence
(1) Subject to the provisions of this regulation, no person shall act as a member of flight crew of an aircraft registered in Tanzania unless he is the holder of an appropriate licence granted or rendered valid under these Regulations:
Provided that a student pilot may within Tanzania act in accordance with conditions of permission specified under regulation 34 as a flight radiotelephony operator without being the holder of a licence.
(2) Subject to this regulation, no person shall act as member of the flight crew, required under these Regulations, of an aircraft registered elsewhere than in Tanzania, unless he is holder of an appropriate licence granted or rendered valid under the law of the state in which the aircraft is registered:
Provided that a person may act as member of the flight crew, required under these Regulations, of such an aircraft, not flying for public transport or aerial work, if he is the holder of an appropriate licence granted or rendered valid under these Regulations and the Director-General does not in a particular case issue a direction to the contrary.
(3) Notwithstanding paragraph (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Tanzania for the purposes of undergoing training or tests 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 an appropriate licence if the following conditions are complied with–
(a) no other person shall be 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 Director-General to witness the training or test, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained as a member of the flight crew of an aircraft; and
(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence shall not be the pilot in command of the aircraft unless within the period of six months immediately preceding he was either the holder of a pilot's licence (other than a student pilot's licence) granted under these Regulations or was serving as a qualified pilot of aircraft in any of the military, naval or air forces of Tanzania, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify.
(4) Notwithstanding paragraph (1), a person may act as a member of the flight crew of an aircraft registered in Tanzania without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of the naval, military or air forces of Tanzania.
(5) An appropriate licence for the purposes of this regulation means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which he is engaged.
(6) This regulation shall not apply to a person by reason of his acting as a member of the flight crew of a glider which is not flying for the purpose of public transport or aerial work.
19. Classes of licences
(1) The Director-General may, subject to such conditions as he thinks fit and upon being satisfied that the applicant–
(a) is above the minimum age specified under Part A of the Eighth Schedule to these Regulations;
(b) is a fit and proper person to hold the licence;
(c) is qualified by reason of his knowledge, experience, competence, skill and physical fitness to act in the capacity to which the licence relates, grant licences of any of the following classes–
(i) student pilot's licence;
(ii) private pilot's licence (aeroplanes);
(iii) private pilot's licence (helicopters);
(iv) private pilot's licence (balloon and airships);
(v) commercial pilot's licence (aeroplanes);
(vi) commercial pilot's licence (helicopters);
(vii) senior commercial pilot's licence (aeroplanes);
(viii) airline transport pilot's licence (aeroplanes);
(ix) commercial pilot's licence (helicopters);
(x) flight navigator's licence;
(xi) flight engineer's licence;
(xii) flight radiotelephony operator's licence.
(2) Every applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director-General may require.
(3) Subject to any conditions of the licence, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the Eighth Schedule under the heading "privileges":
Provided that–
(a) subject to paragraphs (4) and (10) of this regulation, and regulation 22(1), a person shall not be entitled to perform any of the functions specified in Part B of the said Schedule in respect of a rating unless his licence includes that rating; and
(b) a person shall not be entitled to perform any of the functions to which his licence relates if he knows or has reason to believe that a physical condition renders him temporarily or permanently unfit to perform such function.
(4) The Director-General may, if he is satisfied that the applicant is qualified to act in the capacity to which the rating relates, include in a licence a rating of any of the classes specified in Part B of the said Eighth Schedule, and such rating shall be deemed to form part of the licence and shall entitle the holder to perform such functions as are specified in Part B of the said Schedule in respect of that rating. An instrument rating (referred to in the said Schedule) may be renewed by any person appointed by the Director-General for that purpose, if that person is satisfied by a flight test that the applicant continues to be competent to perform the functions to which the rating relates.
(5) A licence and a rating shall, subject to the provisions of regulation 56, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the Eighth Schedule to these regulations, and may be renewed by the Director-General upon his being satisfied that the applicant is a fit and proper person and is qualified.
(6) Upon receiving a licence granted under this regulation, the holder shall sign his name in ink with his ordinary signature.
(7) Every holder of a licence, other than a flight radiotelephony operator's licence, granted under this regulation shall submit himself to medical examination, by a person approved by the Director-General, upon applying for the renewal of the licence and upon such other occasions as the Director-General may require.
(8) Every holder of a licence, other than a flight radiotelephony operator's licence, granted under this regulation or rendered valid under regulation 20 who suffers–
(a) any personal injury involving incapacity to undertake the functions to which his licence relates; or
(b) any illness involving incapacity to undertake those functions throughout a period of twenty days or more,
shall inform the Director-General in writing of such injury, and as soon as the period of twenty days has elapsed in the case of illness.
(9) A licence, other than a flight radiotelephony operator's licence, granted under this Part of these regulations shall be deemed to be suspended upon the occurrence of such an inquiry, or the elapse of such period of illness as is referred to in paragraph (7). The suspension of the licence shall cease upon the holder being medically examined under arrangements made by the Director-General and pronounced fit to resume his functions under the licence.
(10) A licence granted under this regulation shall be deemed to be suspended upon the pregnancy of the holder being diagnosed and shall remain suspended until the holder has been medically examined after the termination of the pregnancy and pronounced fit to resume her duties under the licence.
(11) Nothing in these regulations shall be taken to prohibit the holder of a commercial pilot's, senior commercial pilot's or airline transport pilot's licence (aeroplanes) from acting as pilot in command of an aeroplane carrying passengers by night by reasons of the lack of a night rating in the licence.
20. Validation of licences
The Director-General may issue and renew a certificate of validation rendering valid for the purposes of these Regulations any licence and a member of the flight crew of aircraft which has been granted by a duly competent authority in a state other than Tanzania and a certificate of validation may be issued or renewed subject to such conditions and for such period as the Director-General thinks fit:
Provided that–
(a) a certificate of validation shall not be issued or renewed unless the Director-General is satisfied that the applicant is a fit and proper person to hold such a certificate; and
(b) the Director-General may refuse to issue or to renew a certificate of validation if such refusal in the circumstances appears to him to be in the public interest.
21. Personal flying log-book
Every member of the flight crew of an aircraft registered in Tanzania and every person who engages in flying for the grant or renewal of a licence under these regulations shall keep a personal flying log-book in which the following particulars shall be recorded–
(a) the name and address of the holder of the log-book;
(b) particulars of the holder's licence (if any) to act as a member of the flight crew of an aircraft;
(c) the name and address of his employer (if any);
(d) particulars of all flights made as a member of the flight crew of aircraft, including–
(i) the date, time, 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.
22. Instruction in flying
(1) No person shall give flying instruction to any person flying or about to fly an aircraft unless such person holds a pilot's licence granted or rendered valid under these regulations, in which is included a valid instructor's rating or assistant rating, and which entitles such person–
(a) to act as pilot in command of the aircraft in which instruction is to be given; and
(b) which, if payment is made for the instruction, entitles such person to act as pilot in command of an aircraft flying for the purpose of public transport:
Provided that subparagraph (b) shall not apply if the aircraft is owned or is operated under arrangements entered into by a flying club of which both the person giving and the person receiving the instruction are members.
(2) For the purposes of paragraph (1)–
(a) "flying instruction" includes instruction given for the purpose of becoming qualified for the grant of a pilot's licence; and
(b) payment shall be deemed to be made for instruction if any reward is given or promised by any person to any other person in consideration of the flight being made or the instruction given or if the instruction is given by a person employed for reward primarily for the purpose of giving such instruction.
(3) Notwithstanding the provisions of paragraph (1), the Director-General may, in any particular case, permit the holder of a pilot's licence granted or rendered valid under these regulations to give flying instructions to another holder of a pilot's licence for the purpose of qualifying that person for an extension to the aircraft rating in his licence, but such permission shall only be given where the person to whom instruction is to be given is the holder of a pilot's licence which includes an aircraft rating specifying a type of aircraft of the same classification under Part A of the Fifth Schedule to these regulations as that in which he is permitted to receive instruction.
23. Glider pilot minimum age
No person under the age of sixteen years shall act as pilot in command of a glider.
PART VI
OPERATION OF AIRCRAFT (regs 24-48)
24. Operations manual
(1) This regulation shall apply to public transport aircraft registered in Tanzania, 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 aerodrome.
(2)(a) The operator of every aircraft to which this regulation applies shall–
(i) make available to each member of his operating staff an operations manual; and
(ii) ensure that each copy of the operations manual is kept up to date and that one copy is carried on each flight so as to be available to the members of the flight crew.
(b) Each operations manual shall contain all such information and instructions as may be necessary to enable each member of the operating staff to perform his duty as such, including in particular, information and instructions relating to the matters specified in Part A of the Tenth Schedule to these Regulations:
Provided that the operations manual shall 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.
(3)(a) Every operator of an aircraft to which this regulation applies, in effect in respect of the aircraft, shall, within 30 days prior to a flight, furnish the Director-General with a copy of the whole of the operations manual for the time being.
(b) The operator shall furnish to the Director-General any amendments or additions made to the operational manual before, or immediately after they come into effect:
Provided that where an amendment or condition relates to the operation of an aircraft to which the operations manual did not previously apply, that aircraft shall not fly for the purpose of public transport until the amendment or additional condition has been furnished to the Director-General;
(c) Without prejudice to the foregoing subparagraphs the operator shall make such amendments or additions to the operations manual as the Director-General may require for the purpose of ensuring the safety of the aircraft or of persons or property carried or the safety, efficiency or regularity of air navigation.
(4) For the purposes of this regulation and the Tenth Schedule to these regulations "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.
25. Training manual
(1) The operator of every aircraft registered in Tanzania and flying for the purpose of public transport shall–
(a) make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under regulation 26(2); and
(b) ensure that each copy of that training manual is kept up to date.
(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 to supervise the training, experience, practice and periodical tests required under regulation 26(2) to perform his duties.
(3)(a) Any aircraft to which this regulation applies, shall not fly unless, not less than 30 days prior to flight, the operator of the aircraft has furnished to the Director-General copy of the whole of this training manual relating to the crew of that aircraft.
(b) Any amendments or additions to the training manual shall be furnished to the Director-General 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 Director-General.
(c) Without prejudice to the foregoing subparagraphs the operator shall make such amendments or additions to the training manual as the Director-General 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.
26. Public transport operator's responsibilities
(1) The operator of an aircraft registered in Tanzania shall not permit the aircraft to fly for the purpose of public transport without first–
(a) designating from among the flight crew a pilot to be the commander of the aircraft for the flight; and
(b) satisfying himself by every reasonable means that aeronautical radio stations and navigational aids serving the intended route or any planned diversion from there are adequate for the safe navigation of the aircraft; and
(c) satisfying himself by every reasonable means that the aerodromes at which it is intended to take off or land and any alternative aerodrome 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, rescue or other services which are required only after the occurrence of an accident.
(2) The operator of an aircraft registered in Tanzania shall not permit any person to be a member of the crew 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 Part B of the Tenth Schedule to these Regulations 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 respecting records relating to the Tenth Schedule.
27. Public transport loading of aircraft
(1) The operator of an aircraft registered in Tanzania shall not cause or permit it to be loaded for a flight for the purpose of public transport 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) any 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.
(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 15) 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 paragraph shall not apply in relation to a flight if:
(a) the aircraft's maximum total weight authorised does not exceed 1,150 kgs.; or
(b) the aircraft's maximum total weight authorised does not exceed 2,730 kgs. and the flight is intended not to exceed 60 minutes in duration 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 aerodrome.
(3) The operator of an aircraft shall not cause or permit it 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 (6), and shall, unless he is himself the commander of the aircraft, submit the load sheet for the examination of the commander of the aircraft who shall upon being satisfied that the aircraft is loaded in the manner required by paragraph (1), sign his name:
Provided that the foregoing requirements of this paragraph shall not apply if–
(a) the load and the distributing and securing upon the next intended flight are to be unchanged from the previous flight and the commander 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 destinations; or
(b) paragraph (2) does not apply in relation to the flight.
(5) One copy of the load sheet shall be carried in the aircraft when regulation 53 so requires until the flight to which it relates has been completed and one copy of that load sheet and of the instruction referred to in this regulation shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.
(6) Every load sheet required by paragraph (4) shall contain the following particulars–
(a) the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the Director-General;
(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 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 passengers, crew, 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) 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 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 the purposes each person shall be separately weighed:
Provided that in the case of an aircraft with a total seating capacity of twelve or more persons and subject to the provisions of paragraph (8) the said weights may be calculated according to the following table, and the load sheet shall bear a notation to that effect.
TABLE
| Kg | |
| Males over 12 years of age ........................................................ | 75 |
| Females over 12 years of age ................................................... | 65 |
| Children aged 2 years or more but not over 12 years of age .... | 40 |
| Infants under 2 years of age ....................................................... | 10 |
28. Public transport operating conditions
(1) An aircraft registered in Tanzania shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless such requirements as are specified in Part C of the Tenth Schedule to these regulations in respect of its weight and related performance are complied with.
(2) The assessment of the ability of an aircraft to comply with paragraph (1) shall be based on the information as to its performance contained in the certificate of airworthiness to the aircraft. In the event of the information given being insufficient for that purpose such assessment shall be based on the best information available to the commander of the aircraft.
(3) Such requirements as may be specified in Part D of the Tenth Schedule to these regulations in respect of the weather conditions required for take-off, approach to landing and landing shall be complied with in respect of every aircraft to which regulation 24 applies.
(4) An aircraft registered in Tanzania when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, 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 specified in the certificates of airworthiness relating to the aircraft,
to reach a place at which it can safely land at a height sufficient to enable it to do so.
(5) Without prejudice to the provisions of paragraph (4), an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than two power units. For the purposes of this paragraph, flying time shall be calculated at normal cruising speed with one power unit in operative.
29. Aircraft registered in Tanzania aerodrome operating minima
(1) The operator of every aircraft to which Regulation 24 applies shall establish and include in the operations manual relating to the aircraft particulars of aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
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 commander of the aircraft, particulars of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome, and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of 3 months.
(2) The operator of every aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate aerodrome operating minima appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.
(3) The aerodrome operating minima specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
(4) In establishing aerodrome operating minima for the purposes of this regulation the operator of the aircraft shall take into account the following matters–
(a) the type, performance and landing 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 aerodrome and its surrounding;
(d) the dimension of the runways which may be selected for use; and
(e) whether or not there are in use at the relevant aerodrome 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 aerodrome operating minima appropriate to each set of circumstances which can reasonably be expected.
(5) An aircraft to which regulation 24 applies shall not commence a flight at a time when–
(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minima specified for take-off; or
(b) according to the information available to the commander of the aircraft, it would not be able, without contravening paragraph (6) of this regulation, to commence or continue an approach to landing at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.
(6) An aircraft to which regulation 24 applies shall not–
(a) commence or continue an approach to landing at any aerodrome if the runway visual range at that aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range 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 this regulation; or
(b) continue an approach to landing at any aerodrome 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 and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
(8) In this regulation "specified" in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.
30. Aircraft not registered in Tanzania aerodrome operating minima
(1) A public transport aircraft registered in a country other than Tanzania shall not fly in or over Tanzania unless the operator shall have furnished to the Director-General particulars as he may require relating to the aerodrome operation minima specified by the operator in relation to aerodromes in Tanzania 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 aerodrome operating minima so specified, and any instructions so given as the Director-General 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 aerodrome in Tanzania in contravention of the aerodrome operating minima so specified in relation to that aerodrome or of the instructions referred to in paragraph (1) of this regulation.
(3) Without prejudice to the provisions of paragraph (2) of this regulation, a public transport aircraft registered in a country other than Tanzania shall not–
(a) commence or continue an approach to landing at any aerodrome in Tanzania if the runway visual range at the aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range 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 this regulation; or
(b) continue an approach to landing at any aerodrome in Tanzania by flying below the specified decision height unless from that height the specified visual reference is established and is maintained.
(4) In this regulation "specified" in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.
31. Pre-flight action by commander of aircraft
The commander of an aircraft registered in Tanzania 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 aerodromes 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, 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 by paragraph (1) of regulation 9 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) in the case of an aeroplane or airship, 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, that 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) in the case of an aeroplane, having regard to the performance of the flying machine 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, 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.
32. Pilots to remain at controls
The commander of an aircraft registered in Tanzania, being an aeroplane or glider, 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, the commander shall cause both pilots to remain at the controls during 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 if it is required by regulation 12 to be provided.
33. Public transport of passengers, duties of commander
(1) This regulation applies to flight for the purpose of the public transport of passengers by aircraft registered in Tanzania.
(2) In relation to every flight to which this regulation applies the commander of the aircraft 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 exists, safety belts, safety harnesses and life jackets, 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 reached a point beyond gliding distance from land;
(b) if the aircraft is not a seaplane but it is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flight over water) from the nearest land, take all reasonable steps to ensure that before the 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 the preceding subparagraph;
(d) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft carried in compliance with paragraph (6) of regulation 17 are properly secured in their seats and that the persons, if any, are secured in seats which shall be in a passenger compartment and which shall be so situated that passengers can be readily assisted;
(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 precautions necessary, take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses;
(f) in any emergency, take all reasonable steps to ensure that all passengers 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 regulation 12 is demonstrated to all passengers;
(ii) on reaching such flight level, all passengers are recommended to use oxygen;
(iii) at all times when the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.
34. Operation of radio in aircraft
(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 under the law of the State in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under the law.
(2) Notwithstanding the provisions of paragraph (1), to the effect that the radio station in an aircraft may only be operated by a person duly licensed or otherwise lawfully permitted to do so–
(a) if the licensed operator has become incapacitated during a flight, the commander of the aircraft may, as a temporary measure, authorise an unlicensed person to work the apparatus for the purpose of sending and receiving distress, urgency and safety messages and messages regarding the navigation of the aircraft; and
(b) the Director-General may, in his discretion, grant permission to particular persons, or to persons of such classes or description as he may specify, to operate radio apparatus in aircraft for sending messages to aeronautical radio stations in Tanzania on frequencies above 60 mc. which are not regarded internationally as frequencies to be used by aircraft or international flights. Any such apparatus, worked by unlicensed operators, shall be incapable of easy adjustment for changing frequencies to any other than those for which the apparatus is licensed, and shall be worked in accordance with such conditions as may be attached to the permission.
(3) Whenever an aircraft is in flight in such circumstances that it is required by or under these regulations to be equipped with radio communication apparatus, a continuous radio watch shall be maintained by a member by 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, and he shall make reports to the appropriate air traffic control unit at such reporting points or at such intervals of time as may be notified for this purpose in the Aeronautical Information Publication of the Directorate of Civil Aviation, or may be directed by the air traffic control unit:
Provided that–
(a) the radio watch may be discontinued or continued on another frequency to the extent that the message so permits or for reasons of safety, e.g. danger of lightning or danger arising from a defect in the apparatus; 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 state other than Tanzania, otherwise designated as transmitting a signal suitable for that purpose.
(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) emission 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) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;
(c) messages and signals relating to 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) In any aircraft registered in Tanzania which is engaged on a flight for the purpose of public transport, the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communications or inter-communication within the aircraft) whilst the aircraft is flying in controlled air space at an altitude less than 15,000 feet above mean sea level or is taking off or landing.
(6) An aircraft which is equipped with a radio station having a defect such as to impair the safety of the aircraft shall not undertake any flight until the aircraft has been rendered safe, or if such defect occurs during flight, shall land as soon as possible unless the radio station can be and is speedily rendered safe for flight.
35. Use of flight data recorder and preservation of records
(1) On any flight on which a flight data recorder is required by the Fifth Schedule to these regulations to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of landing run.
(2) The operator of the aeroplane shall at all times, subject to the provisions of regulation 55, 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 aeroplane; 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 periods as the Director-General may in a particular case direct.
36. Towing of gliders
(1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the state in which that aircraft is registered includes an express provision that it may be used for towing a glider of that particular type.
(2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.
(3) The commander 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 flying in the manner referred to in paragraph (g) of regulation 31;
(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 commander of the towing aircraft to indicate that the tow rope should immediately be released by the glider and by the commander of the glider to indicate that the tow rope cannot be released.
(4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.
(5) An aircraft in flight shall not tow a glider except in accordance with such conditions and requirements as the Director-General may have notified.
37. Towing, picking up and raising of persons and articles
(1) Subject to this regulation, an aircraft in flight shall not by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the State in which the aircraft is registered includes an express provision that it may be used for that purpose.
(2) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than 1.5 kilometres.
(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 heavily populated area of a city, town or settlement at any time when an article, person or animal is suspended from the helicopter.
(5) Nothing in this regulation shall–
(a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, or any instrument which is being used for experimental purposes;
(b) prohibit the picking up or raising of any persons, animal or article in an emergency or for the purpose of saving life;
(c) apply to any aircraft while it is flying in accordance with the "B Conditions" set forth in the Second Schedule to these regulations;
(d) be taken to permit the towing or picking up of a glider otherwise than in accordance with regulation 36.
38. Dropping of persons and articles
(1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.
(2) Articles, animals and persons (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over Tanzania:
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 commander of the aircraft in any of the following circumstances–
(a) the dropping 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 at an aerodrome in accordance with prescribed regulations of ropes, banners, or similar articles towed by the aircraft;
(f) the dropping of articles for the purpose of agriculture, horticulture, forestry or public health, or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes,
if the articles are dropped with the permission of the Director-General and in accordance with any conditions subject to which that permission may have been given.
(3) For the purposes of this regulation dropping includes projecting and lowering.
(4) 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 state in which it is registered includes an express provision that it may be used for that purpose.
39. Carriage of weapons and munitions of war
(1) An aircraft shall not carry any munitions of war.
(2) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered for carriage, any goods which he knows or has reason to believe or suspect to be munitions of war.
(3) For the purpose of this regulation "munitions of war" means such weapons and ammunition as are designed for use in warfare including parts for such weapons and ammunition.
(4) Without prejudice to paragraphs (1) and (2) of this regulation, it shall be unlawful for a person to carry or have in his charge any weapon on board an aircraft registered in Tanzania:
Provided that a weapon not being a munition of war, may be carried as passengers' baggage if it is stowed in a part of the aircraft inaccessible to passengers and if, in the case of a firearm, it is not loaded.
(5) Nothing in this regulation shall apply to weapons or ammunition taken or carried on board an aircraft registered in a state other than in Tanzania if the weapons or ammunition, as the case may be, may under the law of the state 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.
40. Carriage of dangerous goods
(1) Subject to the provisions of paragraph (2), no person shall carry or cause to be carried or deliver or cause to be delivered for loading on board an aircraft, any goods which he knows or has reason to believe or suspect to be dangerous or of a dangerous nature.
(2) Notwithstanding paragraph (1) dangerous goods or goods of a dangerous nature may be carried or loaded aboard an aircraft if–
(a) such goods are permitted to be carried under the laws of the state in which the aircraft is registered and there is in force between that state's government and the government of Tanzania, an agreement permitting the carriage of those goods within Tanzania;
(b) such goods are carried with the consent of the operator of the aircraft for the purpose of ensuring the proper navigation or safety of the aircraft and the well-being of any person on board;
(c) the goods are carried with the written permission of the Director-General and in accordance with any conditions to which such permission may be subject.
(3) Dangerous goods permitted by or under these regulations to be carried in an aircraft shall not be loaded as cargo unless–
(a) the consignor of the goods has furnished the operator of aircraft with particulars in writing of the nature of the goods and the danger to which they give rise; and
(b) the goods or any container in which they are packed are clearly marked in accordance with I.A.T.A. Regulations relating to dangerous goods;
(c) the operator of the aircraft has before the flight began, informed the commander of the aircraft of the identity of the goods, the danger to which they give rise and the weight or quantity of the goods.
(4) For the purposes of this regulation, "dangerous goods" or "goods of a dangerous nature" means any explosive substance and any other goods which by reason of their nature, quantity or mode of storage are liable to endanger the safety of the aircraft or the persons on board the aircraft.
(5) The provisions of this regulation shall be additional to and not in derogation from the provisions of regulation 39.
41. Accommodation of persons
(1) Subject to the provisions of paragraph (2), no person shall be in or any part of an aircraft in flight, which is not a part designed for the accommodation of persons.
(2) The provision of paragraph (1) shall not apply to–
(a) a person in a glider or aeroplane towed by or attached to an aircraft in flight;
(b) a person having temporary access to–
(i) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person or cargo therein;
(ii) any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access while the aircraft is in flight.
42. Exits and break in markings
(1) This regulation shall apply to every public transport aircraft registered in Tanzania.
(2) Whenever an aircraft to which this regulation applies is carrying passengers, every exit and every internal door in the aircraft shall, during take-off and landing and during any emergency, 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 an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Director-General either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers, and a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines.
(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" and "Kutoka " 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" and "Mlango wa dharura" in capital letters.
(4)(a) Every exit from the aircraft shall be marked with instructions 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 can be 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 3600 kg, shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this paragraph referred to as "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 cm in length along its outer edge and 2.5 cm 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) be 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.
43. Imperilling safety of aircraft
No person shall wilfully or negligently imperil the safety of an aircraft or any person on board, whether by interference with any member of the flight crew of the aircraft or by tampering with the aircraft or its equipment, or by disorderly conduct or by any other means.
44. Imperilling safety of any person or property
No person shall wilfully or negligently cause or permit an aircraft to endanger any person or property.
45. Drunkenness in aircraft
(1) No person shall enter any aircraft when drunk, or be drunk in an aircraft.
(2) No person shall, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or drug to such an extent as to impair his capacity to act in that capacity.
{mprestriction ids="1,2,3"}
46. Smoking in aircraft
(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Tanzania so as to be visible from passenger seat.
(2) No person shall smoke in any compartment of an aircraft registered in Tanzania at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
47. Authority of commander of aircraft
Every person in an aircraft registered in Tanzania shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried, or the safety, efficiency or regularity of air navigation.
48. Stowaways
A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander or of any other person entitled to give consent to his being carried in the aircraft.
PART VII
FATIGUE OF CREW (regs 49-52)
49. Application and interpretation of Part VII
(1) Regulations 50 and 51 of these regulations apply in relation to any aircraft registered in Tanzania which is either–
(a) engaged on a flight for the purpose of public transport; or
(b) operated by an air transport undertaking:
Provided that the said regulations shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.
(2) In this Part of these Regulations, the following expressions shall, except where the context otherwise requires, have the meanings respectively assigned to them–
(a) "flight time", in relation to any person, means all time spent by that person in an aircraft (other than an aircraft of which the maximum total weight authorised does not exceed 1,600 kg. and which is not flying for the purpose of public transport or for the purpose of public transport or aerial work) while it is in flight and he is carried as a member of the crew;
(b) "day" means a continuous period of 24 hours beginning at mid-night.
50. No operator shall permit an aircraft to make a flight
(1) No operator of an aircraft to which this regulation applies shall cause or permit that aircraft to make a flight unless:
(a) he has established a scheme for the regulation of flight times for every person flying in that aircraft as a member of its crew;
(b) the scheme is approved by the Director-General subject to such conditions as he thinks fit; and
(c) either–
(i) the scheme is incorporated in the operations manual required by regulation 24; or
(ii) in a case where an operations manual is not required by that regulation, the scheme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its 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) No operator of an aircraft to which this regulation applies shall cause or permit any person to fly as a member of its crew if he knows or has reason to believe that 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 flying as may endanger the safety of the aircraft or of its occupants.
(3) No operator of an aircraft to which this regulation applies shall cause or permit any person to fly as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of the 28 days immediately preceding the flight showing–
(a) all his flight time; and
(b) brief particulars of the nature of the functions performed by him in the course of his flight times.
(4) The record referred to in paragraph (3) of this regulation shall, subject to the provisions of regulation 55, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.
51. Fatigue of crew: operator's responsibilities
(1) No person shall act as a member of the crew of an aircraft to which this regulation applies 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.
(2) No person shall act as a member of the flight crew of an aircraft to which this regulation applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.
52. Flight times: responsibilities of flight crew
No person shall act as a member of the flight crew of an aircraft registered in Tanzania if at the beginning of the flight the aggregate of all his previous flight times exceeds the amount prescribed by the Director-General:
Provided that this regulation shall not apply to a flight made–
(a) in an aircraft of which the maximum total weight authorised does not exceed 1,600 kg. and which is not flying for the purpose of public transport or aerial work; or
(b) in an aircraft not flying for the purpose of public transport nor operated by an air transport undertaking, if at the time when the flight begins the aggregate of all the flight times of the person since he was last medically examined and found fit by a person approved by the Director-General for the purpose of regulation 19(1), does not exceed 25 hours.
PART VIII
DOCUMENTS (regs 53-57)
53. Documents to be carried
(1) No aircraft shall fly unless it carries documents which it is required to carry under the law of the State in which it is registered.
(2) Every aircraft registered in Tanzania shall, when in flight, carry documents in accordance with the Eleventh Schedule to these regulations:
Provided that, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any state other than Tanzania, the documents may be kept at that aerodrome instead of being carried in the aircraft.
54. Production of documents
(1) Every commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person–
(a) the certificates of registration and airworthiness in force in respect of the aircraft;
(b) the licences of its flight crew;
(c) such other documents as the aircraft is required by regulation 53 to carry when in flight.
(2) Every operator of an aircraft registered in Tanzania shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under these regulations, to be in force or to be carried, preserved or made available–
(a) the documents referred to in the Eleventh Schedule to these regulations as Documents A, B and G;
(b) the aircraft log-book, engine log-book and variable pitch propeller log-books required under these regulations to be kept;
(c) the weight schedule, if any, required to be preserved under regulation 15;
(d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in the Eleventh Schedule to these regulations as Documents D, E, F and H;
(e) any records of flight times, duty periods and rest periods which he is required by paragraph (3) of regulation 50 to preserve; and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;
(f) any operations manuals or other data required to be made available under these regulations.
(3) The holder of a licence granted or rendered valid under these regulations shall within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence including any certificate of validation.
(4) Every person required by regulation 21 to keep a personal flying log-book shall cause it to be produced within a reasonable time to an authorised person, after being requested to do so by him within two years after the date of the last entry.
55. Preservation of documents
Any 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 legal personal representative:
Provided that if–
(a) another person becomes the operator of the aircraft and it remains registered in Tanzania he or his legal 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 these regulations which are in force or required to be preserved in respect of that aircraft;
(b) an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another and registered in Tanzania, he or his legal 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 in accordance with regulation 50 becomes a member of the flight crew of a public transport aircraft registered in Tanzania 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.
56. Revocation, suspension and variation of certificates, licences and other documents
(1) The Director-General may, where he considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, licence, approval, permission, exemption or document issued or granted under these regulations:
Provided that, whether or not such further investigation has been completed, a provisional suspension under this paragraph shall, if not otherwise terminated, cease to have effect after 28 days.
(2) The Director-General may, upon the completion of an investigation which has shown sufficient ground to his satisfaction and where he considers it to be in the public interest, revoke, suspend or vary any certificate, licence, approval, permission, exemption or other document issued or granted under these regulations.
(3) 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 these regulations shall surrender it to the Director-General within a reasonable time after being required to do so by him.
(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome has been granted or issued under these regulations shall render the document invalid during the continuation of the breach.
57. Offences in relation to documents
(1) No person shall with intent to deceive–
(a) use any certificate, licence, approval, permission, exemption or other documents 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 documents issued or required by or under these regulations to, or allow it to be used by, 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.
(2) During the period for which it is required under these regulations to be preserved, no person shall wilfully mutilate, alter, render illegible or destroy any log-book or other record, or any entry made therein, required by or under these regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such log-book or record, or wilfully omit to make a material entry in any such log-book or record.
(3) All entries in log-books and records required to be maintained by or under these regulations shall be made in ink or indelible pencil.
(4) No person shall wilfully or negligently make in a load sheet any entry which is incorrect in any material particular, or wilfully or negligently omit to make a material entry in such a load sheet.
(5) No person shall purport to issue any certificate for the purposes of the regulations made thereunder unless he is authorised to do so under these regulations.
(6) No person shall issue any certificate of the kind referred to in paragraph (5) unless he has satisfied himself that the statements in the certificate are correct.
PART IX
CONTROL OF AIRCRAFT (regs 58-63)
58. Rules of the Air and Air Traffic Control
(1) Every person and every aircraft shall comply with such Rules of the Air and Air Traffic Control contained in the Twelfth Schedule to these regulations as may be applicable to that person or aircraft in the circumstances of the case.
(2) Subject to the provisions of paragraph (3), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with the Rules of the Air and Air Traffic Control.
(3) It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary–
(a) to avoid immediate danger; or
(b) to comply with the law of any State other than Tanzania within which the aircraft then is.
(4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within ten days to the competent authority of the state in whose territory the departure was made or if, in the case of Tanzanian aircraft, the departure was made over the high seas, to the Director-General.
(5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any negligence in the use of lights or signals or in the taking of any precautions required by ordinary aviation practice or by the special circumstances of the case.
(6) The Director-General may for the purpose of promoting the safety of aircraft make regulations as to special signals and other communications to be made by or on an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precautions to be observed in relation to the navigation and control of aircraft which the Director-General may consider expedient for the purpose, and no aircraft shall fly in contravention of any such regulations.
59. Licensing of air traffic controllers
(1) The Director-General may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller, upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director-General may require of him:
Provided that the Director-General shall not grant a licence to act as an air traffic controller to a person under the age of 21.
(2) Every licence to act as an air traffic controller shall include–
(a) ratings of one or more of the classes set forth in the Ninth Schedule to these Regulations specifying the type of air traffic control service which the holder of the licence is competent to provide; and
(b) a list of the places at which he may provide the service.
(3) If through any period of six months the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall without prejudice to the Director-General's powers under regulation 56 cease to be valid for that place at the end of that period and upon a rating ceasing to be valid for a place the holder of the licence shall inform the Director-General to that effect and shall forward the licence to the Director-General to enable it to be endorsed accordingly.
(4) A licence to act as an air trade controller shall not be valid unless the holder of the licence has signed his name in ink with his ordinary signature.
(5) Subject to the provisions of regulation 56, a licence to act as an air traffic controller shall remain in force for the period of 12 months and may be renewed by the Director-General upon his being satisfied that the applicant is a fit person and is qualified.
(6) Every applicant for and holder of an air traffic controller's licence shall upon such occasions as the Director-General may require submit himself to medical examination by a person approved by the Director-General in such form as the Director-General may require.
(7) On the basis of the medical examination referred to in paragraph (6) of this regulation, the Director-General or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates; and the certificate shall, without prejudice to regulation 61, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
(8) The holder of an air traffic controller's licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in regulation 60(1) unless his licence includes a medical certificate issued and in force under paragraph (7) of this regulation.
60. Prohibition of unlicensed air traffic controllers
(1) No person shall provide any type of air traffic control service at any aerodrome at which air traffic control service is required to be provided by or under the Rules of the Air and Air Traffic Control or at any Government aerodrome or at any other place (not being an aerodrome) at which air traffic control service is provided (whether or not under the direction of the Director-General or a visiting force) unless he does so under and in accordance with the terms of–
(a) a valid air traffic controller's licence so granted authorising him to provide that type of service at that aerodrome or other places; or
(b) a valid air traffic controller's licence so granted which does not authorise him to provide that type of service at the aerodrome or other place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorises him to provide at that aerodrome or other place the type of air traffic control service which is being provided; or
(c) his appointment by the Director-General as an assistant air traffic control officer and he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorises him to provide that type of service at a Government aerodrome or at a place at which air traffic control service is provided under the direction of the Director-General:
Provided that a licence shall not be required by any person who acts in the course of his duty as a member of any of Tanzania naval, military or air force or visiting force.
(2) The holder of a licence shall not be entitled to perform any of the functions specified in the Ninth Schedule to these regulations in respect of rating at any of the places referred to in paragraph (1) of this regulation unless–
(a) his licence includes the rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the aid of which functions are performed; or
(b) he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence granted under these regulations which authorises him to provide at that aerodrome or other place the type of air traffic control service which is being provided.
(3) Nothing in this regulation shall prohibit the holder of a valid air traffic controller's licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interest of safety.
61. Incapacity of air traffic controllers
(1) Every holder of an air traffic controller's licence granted under regulation 59 who–
(a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or
(b) in the case of a woman, has reason to believe she is pregnant,
shall inform the Director-General in writing of such injury, illness or pregnancy as soon as possible.
(2) An air traffic controller's licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph (1)(a) of this regulation. The suspension of the licence shall cease–
(a) upon the holder being examined under arrangements made by the Director-General and pronounced fit to resume his functions under the licence; or
(b) upon the Director-General exempting the holder from the requirement of a medical examination subject to such conditions as the Director-General may think fit.
(3) Upon the pregnancy of the holder of an air traffic controller's licence 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 Director-General after the pregnancy has ended and pronounced fit to resume her functions under the licence.
62. Power to prohibit or restrict flying
Where the Director-General deems it necessary in the public interest to restrict or prohibit flying over any area of Tanzania or along any route by reason of–
(a) an intended gathering or movement of a large number of persons;
(b) an intended holding of an aircraft race or contest, of any exhibition of flying; or
(c) any reason affecting the public interest,
the Director-General may make regulations prohibiting, restricting or imposing conditions on flight, either generally or in relation to any class of aircraft, over any such area or along any such route, and an aircraft shall not fly in contravention of such regulations.
63. Balloons, flying kites and airships
(1) Within Tanzania–
(a) no captive balloon or kite shall be flown at a height of more than 200 feet above the ground level or within 60 metres of any vessel, vehicle or structure;
(b) no captive balloon shall be flown within 3 nautical miles of an aerodrome;
(c) no balloon exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall be flown in controlled airspace;
(d) no kite shall be flown within three nautical miles of an aerodrome;
(e) no airship shall be moored;
(f) no free balloon shall be flown at night without the permission in writing of the Director-General, and in accordance with any conditions subject to which that permission may be granted.
(2) A captive balloon when in flight shall be securely moored and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.
PART X
AERODROMES, AERONAUTICAL GROUND LIGHTS
AND DANGEROUS LIGHTS (regs 64-71)
64. Aerodromes, public-transport of passengers and instruction in flying
(1) An aircraft engaged on a flight for the purpose of the public transport of passengers or for the purpose of instruction in flying shall not take off or land at any place in Tanzania other than–
(a) a Government aerodrome notified as available for the take-off and landing of aircraft so engaged, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land, as the case may be; or
(b) an aerodrome licensed under these regulations for the take-off and landing of aircraft so engaged,
and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given:
Provided that the prohibition shall not apply in relation to–
(i) any aeroplane or helicopter of which the maximum total authorised weight does not exceed 2,730 kg, on a flight for the purposes of public transport other than scheduled journeys;
(ii) any glider;
(iii) a landing due to accident, stress of weather or other unavoidable cause or to the next subsequent take-off following such a landing.
(2) An aircraft engaged on a flight for the public transport of passengers shall not take off or land by night at any place in Tanzania unless adequate lighting is in operation on the aerodrome.
65. Use of Government aerodromes
The Director-General may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for take-off and landing by aircraft.
66. Licensing of aerodromes
(1) The Director-General may license any aerodrome in Tanzania for the take-off and landing of aircraft engaged in flight for the purpose of the public transport of passengers, or for the purpose of instruction in flying or of any classes of such aircraft, and may issue any such licence subject to such conditions as he shall consider in the public interest, including a condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft, be so available to all persons on equal terms and conditions, and any licence issued subject to such a condition shall be known as a licence for public use.
(2) The licensee of an aerodrome in respect of which a licence for public use is in force shall display in a prominent place at the aerodrome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence.
(3) The licensee of an aerodrome licensed under these regulations shall not cause or permit any condition of the licence to be contravened, in relation to an aircraft engaged on a flight for the public transport or cease to be valid by reason only of such a contravention.
(4) A licence granted by the Director-General in respect of an aerodrome shall, subject to the provisions of regulation 56, remain in force as may be specified in the licence.
67. Charges at aerodromes licensed for public use
(1) The Director-General in relation to any aerodrome in respect of which a licence for public use has been granted, or to such aerodrome generally or to any class, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.
(2) The licensee of an aerodrome in relation to which the Director-General has made any regulations under paragraph (1) shall not cause or permit any charges to be made in contravention of that regulation, and shall cause particulars of the prescribed charges to be kept, exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected.
(3) The licence of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Director-General furnish to the Director-General such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.
68. Use of aerodromes by aircraft other than Tanzanian aircraft
The person in charge of an aerodrome in Tanzania which is open to public use by Tanzania aircraft (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other States on the same terms and conditions as for use by aircraft registered in Tanzania.
69. Noise and vibration caused by aircraft on aerodromes
(1) Noise and vibration may be caused by aircraft including military aircraft, on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, under the following conditions:
(a) the aircraft is taking off or landing; or
(b) the aircraft is moving on the ground or water; or
(c) the engines are being operated in the aircraft–
(i) for the purpose of ensuring their satisfactory performance;
(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 instruments, accessories or the components of the aircraft are in a satisfactory condition.
(2) Section 18(2) of the Act shall apply to the aerodrome specified in paragraph (1).
70. Aeronautical ground lights
(1) A person shall not alter the character of an aeronautical ground light within Tanzania except with the permission of the Director-General and in accordance with any conditions subject to which permission may be granted.
(2) No person shall wilfully or negligently injure or interfere with any aeronautical ground light established and maintained by, or with the permission of the Director-General.
71. Dangerous lights
(1) No person shall exhibit in Tanzania any light which–
(a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or
(b) by reason of its liability to be mistaken for an aeronautical light is liable to endanger aircraft.
(2) If any light which appears to the Director-General to be a light as aforesaid is exhibited, the Director-General may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the Notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.
(3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near the light to which it relates.
PART XI
GENERAL PROVISIONS (regs 72-85)
72. Prohibited areas
(1) The Director-General may by notice issued declare any specifically defined area in Tanzania to be a prohibited area.
(2) Except as may be provided in the notice whereby the prohibited area is established, or in any subsequent notice issued by the Director-General, no aircraft shall fly over, or land in, any prohibited area.
73. Power to prevent aircraft flying
(1) If it appears to the Director-General or any authorised person that any aircraft is intended or likely to be flown–
(a) in such circumstances that any provision of Regulations 3, 5, 7, 17, 18, 27, 29 or 40 would be contravened in relation to the flight; or
(b) in such circumstances that flight would be in contravention of any other provisions of these Regulations or any regulations made thereunder and be a cause of danger to any person or property whether or not in the aircraft;
(c) while in a condition unfit for the flight, whether or not the flight would otherwise be in a contravention of any provision of these regulations or of any regulation made thereunder,
the Director-General or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked, and the Director-General or that authorised person may take such steps as are necessary to detain the aircraft.
(2) For the purposes of paragraph (1) the Director-General or any authorised person may enter upon and inspect any aircraft.
74. Regulation of rocket firing
(1) No person shall fire a rocket except in accordance with and subject to the conditions of any authority issued by the Director-General under these Regulations.
(2) No person shall fire a rocket and the Director-General shall not issue any authority for the firing of a rocket within an aerodrome traffic zone.
(3) Any person wishing to apply to the Director-General for an authority to fire a rocket or rockets shall make an application in writing to be received by the Director-General not less than ten days before the day on which it is desired to commence firing, such application to contain the following information–
(a) the exact position from which the firing is intended to take place;
(b) the elevation, above mean sea level, of the place from which the firing is intended to take place;
(c) the times and dates of the intended commencement and cessation of firing respectively;
(d) the frequency at which it is intended to fire rockets during the period between the times specified in paragraph (c);
(e) the type and specifications of the rockets to be fired and the altitude above ground at which it is estimated detonation will take place; and
(f) the full name, occupation and postal and residential address of the applicant.
(4) Upon receiving any application made under paragraph (3) the Director-General may, in his discretion, subject to paragraph (2) grant or refuse authority to fire a rocket and may attach to any authority granted such conditions as he thinks fit.
(5) The Director-General may, in his discretion and upon such terms as he thinks fit, cancel or suspend any authority issued under paragraph (4) and such cancellation or suspension shall have effect immediately the holder of the authority is notified or at such later time as the Director-General may stipulate.
75. Right of access to aerodromes and other places
(1) The Director-General and any authorised person shall have the right of access at all reasonable times–
(a) to any aerodrome, for the purpose of inspecting the aerodrome; or
(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under these regulations, or for the purpose of detaining any aircraft under the provisions of these regulations; and
(c) to any place where an aircraft has landed for the purpose of inspecting the aircraft or any document which he has power to demand under these regulations and for the purpose of detaining the aircraft under these regulations:
Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.
76. Obstruction of persons
A person shall not wilfully obstruct or impede any person acting in the exercise of his power or the performance of his duties under these regulations.
77. Enforcement of directions
Any person who fails to comply with any direction given to him by the Director-General of by any authorised person under any provision of these regulations or any regulations made shall be deemed for the purposes of these regulations to have contravened that provision.
78. Fees
(1) The Director-General may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, these regulations.
(2) Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of paragraph (1), the applicant shall, before the application is entertained, pay the fee. If, after such payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Director-General, shall in his discretion, refund all or part of such payment.
79. Penalties
(1) If any provision of these regulations or of any regulations made thereunder or those notified is contravened in relation to an aircraft, the operator of that aircraft and the commander, if the operator or, as the case may be, the commander is not the person who contravened that provision, shall (without prejudice to the liability of any other person under these regulations for that contravention) be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of these regulations or of any regulations made thereunder or those notified was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
(3) Where a person is charged with contravening a provision of these Regulations or of any regulations made thereunder or those notified by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport, the flight shall be treated (without prejudice to the liability of any other person under these regulations) as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.
(4) If any person contravenes any provision of these regulations, or of any regulations made thereunder or those notified not being a provision referred to in paragraph (5) or paragraph (6) of this regulation, he shall be liable to a fine not exceeding five thousand shillings or in the case of a second or subsequent conviction for the like offence to a fine not exceeding one thousand shillings.
(5) If any person contravenes any provision specified in Part A of the Thirteenth Schedule to these Regulations, he shall be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding three months or to both.
(6) If any person contravenes any provision specified in Part B of the said Schedule, he shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding twelve months or to both.
80. Extra-territorial effect of the Regulations
Except where the context otherwise requires, the provisions of these regulations–
(a) in so far as they apply (whether by express reference or otherwise) to Tanzanian aircraft, shall apply to such aircraft wherever they may be;
(b) in so far as they apply to other aircraft, shall apply to such aircraft when they are within Tanzania;
(c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in or by any of the crew of, any Tanzanian aircraft, shall apply to such persons and crew, wherever they may be; and
(d) in so far as they prohibit, require or regulate the doing of anything in relation to any Tanzanian aircraft by other persons shall, where such persons are citizens of Tanzania, apply to them wherever they may be.
81. Regulations by the Director-General
The Director-General may make regulations for prescribing anything which under the provisions of these regulations is to be prescribed and generally for the better carrying out of the objects and purposes of the Act and these regulations.
82. Application of Regulations to the Government of Tanzania and visiting forces, etc.
(1) Subject to this regulation, the provisions of these regulations shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Government of Tanzania, not being military aircraft, which are registered in Tanzania or are capable of being so registered, and for the purposes of such application the Department or other authority for the time being responsible for the management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government to be the owner of the interest of the Government in the aircraft:
Provided that nothing in this regulation shall render liable to any penalty any Department or other authority responsible on behalf of the Government for the management of any aircraft.
(2) Save as otherwise expressly provided, the naval military and air force authorities and members of any visiting force and property held or used for the purpose of such a force shall be exempt from the provisions of these regulations and of any regulations made thereunder to the same extent as if the visiting force formed part of the military forces of Tanzania.
(3) Save as otherwise provided by paragraph (4) of this regulation, regulation 58(1) and regulation 69, nothing in these regulations shall apply to or in relation to any military aircraft.
(4) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of the naval, military or air force of Tanzania or as member of a visiting force, the following provisions of these regulations shall apply on the occasion of that flight, that is to say, regulations 34, 44, 45, 62, 69 and 72 and in addition, regulation 58 shall apply.
83. Exemption from the regulations
(1) The Director-General may, in writing, exempt from any of the provisions of these Regulations or any regulations made thereunder, any aircraft or person or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.
(2) Notwithstanding anything contained in paragraph (1) of this regulation, the power to exempt any aircraft or persons or classes of aircraft or persons from the provisions of regulation 39 shall be expressly reserved to the Minister.
84. Regulations not to confer right to land
Subject to the provisions of regulation 66 and 68 nothing in these regulations or regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.
85. Small aircraft
The provisions of these, regulations, other than regulations 44 and 63, shall not apply 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.
FIRST SCHEDULE
CLASSIFICATION AND REGISTRATION OF AIRCRAFT
PART A
TABLE OF GENERAL CLASSIFICATION OF AIRCRAFT
(Regulations 2(5), 4(6) and 22(3))
Col. 1 | Col. 2 | Col. 3 | Col. 4 |
Lighter-than-air aircraft | Non-mechanically driven | Free Balloon |
|
Mechanically driven | Airship |
||
Aircraft | Glider kite Aeroplane (Land plane) |
||
Non-mechanically driven | Aeroplane (Sea plane) |
||
Aeroplane (Amphibian) |
|||
Heavier-than-air aircraft | Mechanically driven flying machines | Aeroplane (Self-launching Motor-Glider) |
|
Helicopter Rotorcraft (Amphibian) Gyroplane (Ornithopter) |
PART B
NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN TANZANIA
(Regulation 5(2))
1. The Nationality mark of the aircraft shall be a group of two numbers of letters and the registration mark of the aircraft shall be a group of three letters. The letters shall be capital letters in Roman characters without ornamentation. The numbers shall be Arabic numbers without ornamentation. A hyphen shall be placed between the nationality mark and registration mark. In respect of Tanzania, the nationality marks will be 5H. Registration marks will be assigned by the Director-General on registration of the aircraft.
2. The Nationality and registration marks shall be painted on the aircraft or shall be affixed by any other means ensuring a similar degree of permanence and shall be located in the following manner–
I Position of Marks:
(a) Flying Machines and Gliders–
(i) Wings - Except on aircraft having no fixed wing surface, the marks shall appear once on the lower surface of the wing structure unless they extend across the whole of the lower surface of the 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 and numbers shall be toward the leading edge of the wing.
(ii) Fuselage (or equivalent structure) or vertical surface: The marks shall appear either on each side of the fuselage (or equivalent structure) between wings and the tail surface, or on the upper halves of the vertical tail surfaces. When located on a single vertical tail surface they shall appear on both sides. When located on multivertical tail surfaces they shall appear on the outboard side of the outer surface.
(iii) Special cases - if a heavier-than-air aircraft does not possess parts corresponding to those mentioned in (i) and (ii), the marks shall appear in a manner such that the aircraft can be identified readily.
(b) Airships and Balloons–
(i) Airships - The marks on an airship shall appear either on the hull or on the stabiliser surfaces. Where the marks appear on hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry. Where the marks appear on the stabiliser surface, they shall appear on the horizontal and on the vertical stabilisers; the marks on the horizontal stabiliser shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers toward the leading edge, the marks on the vertical stabiliser, shall be located on each side of the bottom half of stabiliser, with the letters and numbers placed horizontally.
(ii) Spherical Balloons - The marks on a spherical balloon shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference of the balloon.
(iii) Non-spherical balloons - The marks on a non-spherical balloon shall appear on each side. They shall be located near the maximum cross- section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.
(iv) All lighter-than-air aircraft - The side marks on all lighter-than-air aircraft shall be visible both from the sides and from the ground.
II Size of Marks:
(a) Flying Machines and Gliders
(i) Wings -The height of the marks on the wings of heavier-than-air aircraft shall be at least 50 cm.
(ii) Fuselage (or equivalent structure) vertical tail surfaces - The height of the marks on the fuselage (or equivalent structure) and on the vertical tail surfaces, shall be at least 30 cm Provided that where because of the structure of the aircraft a height of 30 cm: is not reasonably practicable, the height shall be the greatest height reasonably practical in the circumstances, but not less than 15 cm.
(iii) Special cases - Where the aircraft does not possess parts corresponding to those mentioned in (i) and (ii) the measurement of the marks shall be such that the aircraft can be identified readily.
(b) Airship and Balloons
The height of the marks on lighter-than-air aircraft shall be at least 50 cm.
III Width and Spacing of Marks:
(i) The letters shall be capital letters in Roman characters without ornamentation. Numbers shall be Arabic numbers without ornamentation.
(ii) The width of each character (except the letter I and the number 1 and the length of hyphens) shall be two-thirds of the height of a character.
(iii) The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background. The thickness of the lines shall be one-sixth of the height of the height of a character.
(iv) Each character shall be separated from that which it immediately precedes or follows by a space of not less than one-quarter of a character width. A hyphen shall be regarded as a character for the purpose.
3. The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft, and shall always be kept clean and visible.
4. In addition to the foregoing requirements of this Schedule, the nationality and registration marks shall also be inscribed on an identification plate made of fireproof metal and secured to the aircraft in prominent position near the main entrance.
SECOND SCHEDULE
'A' AND 'B' CONDITIONS
(Regulations 3(1), 7(1), 36(5) AND 57(5))
The Conditions 'A' and the Conditions 'B' referred to in paragraph (1) of regulation 3, paragraph (1) of regulation 7, paragraph (5) of regulation 36, and paragraph (5) of regulation 57 are as follows–
"A" Conditions
1. The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under the provisions of these Regulations, or an aircraft in respect of which such a certificate is or has been in force.
2. The aircraft shall fly only for the purpose of enabling it to–
(a) qualify for the issue or renewal of certificate of airworthiness or of the 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, test or weighing of the aircraft is to take place for a purpose referred to in subparagraph (a).
3. The aircraft and its engines shall be certified as fit for flight by the holder of a licence as an aircraft maintenance engineer entitled in accordance with the provisions of the Fourth Schedule to these Regulations so to certify, or by a person approved by the Director-General for the purpose of issuing certificates under this condition.
4. 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.
5. The aircraft shall not carry any passengers or cargo except passengers performing duties in the aircraft in connection with the flight.
6. The aircraft shall not fly over any heavily populated area of a city town or settlement except to the extent that it is necessary to do so in order to take off or land at a Government aerodrome or a licensed aerodrome in accordance with normal aviation practice.
7. Without prejudice to the provisions of paragraph (2) of regulation 17, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
"B" Conditions
1. The flight shall be made under the supervision of a person approved by the Director-General for the purposes of these conditions, and subject to any additional conditions which may be specified in such approval.
2. If it is not registered in Tanzania or under the law of any State referred to in regulation 3, the aircraft shall be marked in a manner approved by the Director-General for the purpose of these conditions, and the provisions of regulations 13, 14, 18, 31, 34, 53 and 54 shall be complied with in relation to the aircraft as if it was registered in Tanzania so far as such provisions are applicable to the aircraft in the circumstances.
3. The aircraft shall fly only for the purpose of–
(a) experimenting with or testing the aircraft including in particular its engines and its equipment; or
(b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft; or
(c) proceeding to or from a place at which any experiment, tests, inspection or weighing or the aircraft is to take place for a purpose referred to in subparagraph (a) or (b).
4. The aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
5. The aircraft shall not carry any passengers or cargo except passengers performing duties in the aircraft in connection with the flight.
6. The aircraft shall not fly except in accordance with the procedures which have been agreed by the Director-General in relation to that flight over any congested area of a city, or settlement.
THIRD SCHEDULE
CATEGORIES OF AIRCRAFT
(Regulation 8)
1. Categories of Aircraft
Transport Category (Passenger).
Transport Category (Cargo).
Aerial Work Category.
Private Category.
Special Category.
2. The purpose for which the aircraft may fly are as follows–
| Transport Category (Passenger) | Any purpose. |
| Transport Category (Cargo) | Any purpose other than the public transport of a passengers. |
| Aerial Work Category | Aerial work only. |
| Private Category | Any purpose other than public transport or aerial work. |
| Special Category | Any other purpose specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted. |
FOURTH SCHEDULE
MAINTENANCE ENGINEERS: PRIVILEGES OF LICENCES
(Regulation 11(2))
An aircraft maintenance engineer may, subject to the conditions of his licence, issue certificate as follows–
Aircraft Maintenance Engineer - Category A (Aircraft).
In relation to aircraft (not including engineers)–
(a) certificates of maintenance in accordance with the maintenance schedules approved under these regulations;
(b) certificates of compliance in respect of inspection, repairs, replacements and modifications so approved;
(c) certificates of fitness of aircraft for flight under the "A Conditions".
Aircraft Maintenance Engineers - Category B (Aircraft).
In relation to aircraft (not including engines)–
Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these regulations.
Aircraft Maintenance Engineers - Category C (Engines).
In relation to engines–
(a) certificate of maintenance in accordance with the maintenance schedules approved under these regulations;
(b) certificates of compliance in respect of inspections, repairs, replacements, and modifications so approved;
(c) certificates of fitness of aircraft engines for flight under "A Conditions".
Aircraft Maintenance Engineers - Category D (Engines).
In relation to engines–
Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these regulations–
Aircraft Maintenance Engineers–
Category X - (Compasses).
Category X - (Instruments).
Category X - (Automatic Pilots).
In relation respectively to compasses, instruments, electrical equipment or automatic pilots–
(a) certificates of maintenance in accordance with the maintenance schedules approved under these regulations;
(b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved.
Aircraft Radio Maintenance Engineers
In relation to aircraft radio stations–
(a) certificates of maintenance in accordance with the maintenance schedules approved under these regulations;
(b) certificates of compliance in respect of inspections, overhaul, repairs, replacements and modifications so approved.
FIFTH SCHEDULE
AIRCRAFT EQUIPMENT
(Regulations 10(2) and 12(2))
1. Every aircraft registered in Tanzania shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph (4) of this Schedule, with adequate equipment, and for the purpose of this paragraph the expression "Adequate Equipment" shall mean the scales of equipment respectively indicated 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 this Schedule is complied with in respect of that aircraft.
3. The following items of equipment shall not be required to be of a type approved by the Director-General–
(a) The equipment referred to in Scale A;
(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 1 and 2;
(g) rockets signal, referred to in Scale 1;
(h) equipment for mooring, anchoring or manoeuvring aircraft on the water referred to in Scale 1;
(i) paddles referred to in Scale J;
(j) food and water, referred to in Scale J;
(k) First Aid equipment referred to in Scales J, S and T.
TABLE |
||
Prescription of aircraft | Circumstances of Flight | Scale of Equipment Required |
1. Gliders | 1. Flying for purposes other than public transport or aerial work | A(ii) |
2. Flying for the purpose of public transport or aerial work, and– | A, B, D, F(i) |
|
(i) when flying by night | C and G |
|
(ii) when carrying out acrobatic manoeuvre | M |
|
2. Flying Machines | 1. Flying for purposes other than public transport, and– | A |
(i) when flying by night | A, C and D |
|
(ii) when flying under Instrument Flight Rules- | ||
(aa) outside controlled airspace | D |
|
(bb) within controlled airspace | E with E(iv) duplicated and F |
|
(iii) when carrying out acrobatic manoeuvre | M |
|
2. Flying for the purpose of public transport: | A, B, D and F(i) |
|
(i) when flying under Instrument Flight Rules except flights outside controlled airspace by flying machines having a maximum total weight authorised not exceeding 1,150 kg | E with E(iv) duplicated and F |
|
(ii) when flying by night and in the case of flying machines of which the maximum total weight authorised exceeds 1,150 kg | E with E(iv) duplicated and F |
|
(iii) when flying over water beyond gliding distance from land | H |
|
(iv) when flying over water– | ||
(a) in the case of an aeroplane– | ||
H and J |
||
(b) in the case of all other flying machines, when more than 30 minutes flying time from such an aerodrome | H and J |
|
(v) on all flights which involve manoeuvres on water | H, I and J |
|
(vi) when flying at a height of 10,000 feet or more above mean sea level | K |
|
(vii) on flights when the weather reports or forecasts available at the aerodrome at time of departure indicate that conditions favouring ice formation are likely to be met | L |
|
(viii) when carrying out acrobatic manoeuvres | M |
|
(ix) on all flights on which the aircraft carries a flight crew of more than one person | N |
|
(x) on all flights for the purpose of the public transport of passengers | Q |
|
(xii) on all flights by a pressurised aircraft | R |
|
(xii) when flying over substantially uninhabited land areas where, in the event of an emergency landing tropical conditions are likely to be met | S |
|
(xiii) when flying over substantially uninhabited and areas where, in the event of an emergency landing, polar conditions are likely to be met | T |
|
3. Turbine-jet flying machine having a maximum total weight authorised exceeding 5,700 kg or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg | When flying for the purpose of public transport | O |
4. Turbine-engine aeroplanes having maximum total weight authorised exceeding 27,000 kg: | P |
|
(a) which are operated by an air transport undertaking under a certificate of airworthiness of the Transport Category (Passenger) or the Transport Category (Cargo) | When flying on any flight | P |
(b) in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under the "A Conditions" or under a certificate of airworthiness, of the Special Category. | When flying on any flight | P |
5. The scale of equipment indicated in the foregoing shall be as follows–
Scale A:
(i) Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of ten percent of the number of each rating or three of each rating, whichever is the greater.
(ii) Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under these regulations for the intended flight of the aircraft, including any diversion which may reasonably be expected.
(iii) Subject to Scale B (iii), a safety belt or safety harness for every seat in use.
(iv) For each person on board ½ (half) litre of water together with 125 gms glucose coffee tablets.
Scale B:
(i) First Aid equipment of good quality sufficient in quantity, having regard to the number of persons on board the aircraft and including the following–
Roller bandages, triangular bandages, absorbent gauze, adhesive plaster, white absorbent lint, cotton wool (or wool dressing in place of the lint and cotton wool), burn dressings, safety pins;
(ii) in the case of an aeroplane used for the public transport of passengers in which while the aeroplane is at rest on the ground, the seal of any external door intended for the disembarkation of passengers, whether normally or in an emergency–
(a) is more than 1.8 metres from the ground when the under-carriage of the machine is in the normal position for taxiing; or
(b) would be more than 1.8 metres from the ground if the undercarriage or any part thereof should collapse, break or fail to function,
apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the aeroplane is on the ground and can be readily fixed in position for use;
(iii) if the maximum total weight authorised of the aircraft is more than 2,730 kgs as safety harness for every pilot's seat in use, in place of the safety belt referred to under Scale A:
Provided that the Director-General may permit a safety belt to be fitted if he is satisfied that it is not reasonably practicable to fit a safety harness;
(iv) if the commander 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;
(v) distress signals, capable of making from the ground a pyrotechnical signal of distress designed to attract search parties.
Scale C:
(i) Equipment for displaying the lights required by the Rules of the Air Traffic Control.
(ii) 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.
(iii) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules for the Air and Air Traffic Control as indicating a request for permission to land.
Scale D:
(i) Either–
(a) a turn and slip indicator; or
(b) a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.
(ii) A sensitive pressure altimeter adjustable for changes in barometric pressure.
Scale E:
(i) A turn and slip indicator.
(ii) A gyroscopic bank and pitch indicator.
(iii) A gyroscopic direction indicator.
(iv) A sensitive pressure altimeter adjustable for changes in barometric pressure.
Scale F:
(i) A timepiece with a sweep second hand.
(ii) A means of indicating whether the power supply to the gyroscopic instruments is adequate.
(iii) A rate of climb and descent indicator.
(iv) If the maximum total weight authorised of the aircraft is more than 5,700 kgs, a means of indicating the outside air temperature.
(v) If the maximum total weight authorised of the aircraft is more than 5,700 kgs. two air speed indicators.
Scale G:
(i) Landing lights consisting of two single filament lamps, or one dual filament lamp, with separately energized filaments.
(ii) An electric light system to provide illumination in every passenger compartment.
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 to the lighting systems specified in subparagraph (ii).
(b) In the case of any other aircraft, one electric torch for each member of the crew of the aircraft.
(iv) In the case of an aircraft of which the maximum total weight authorised exceeds 5,700 kgs. 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 water proof torch: Provided that lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.
Scale I:
(i) 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 aeroplane.
(ii) Parachute distress rocket signals capable of making, from the surface water, the pyrotechnical signal of distress specified in the Rules of the Air and Air Traffic Control and complying with Part III of the Thirteenth Schedule to the Merchant Shipping (Life Saving Appliances) Rules 1958 (a).
(iii) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aeroplane on water, appropriate to its size, weight, and handling characteristics.
Scale J:
(i) Dinghies sufficient to accommodate all persons on board the aeroplane with the following equipment–
(a) Means for maintaining buoyancy.
(b) A sea anchor.
(c) Life lines, and means of attaching one dinghy 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 pyrotechnical distress signals.
(h) Means of making sea water drinkable.
(i) For each person the dinghy is designed to carry: 250 gram. of glucose toffee tablets; 125 gram of sweetened condensed milk in durable containers; 1 litre of fresh water in durable containers:
Provided that in any case in which it is not reasonably practicable owing to lack of storage space in the dinghy to carry the quantities of condensed milk and water above prescribed, an equal quantity by weight of glucose toffee tablets may be substituted for the former and as large a quantity of fresh water as is reasonably practicable in the circumstances may be substituted for the latter. In no case however shall the quantity of water carried 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) of the subparagraph, to provide 1 litre of water for each person the dinghy is designed to carry.
(j) First-Aid equipment.
Items (f) to (j) inclusive shall be contained in a pack stowed with the dinghy.
(k) 1 Arctic suit for each member of the crew of the aircraft.
(ii) For every four, or proportion of four dinghies, one dinghy radio transmitter.
(iii) The Director-General may permit the carrying of equipment listed under Scale H if he is satisfied that it would not be reasonably practical to carry a dinghy.
Scale K:
PART I
(i) In every aeroplane which is provided with means for maintaining a pressure greater than 700 millibar throughout the flight in the flight crew compartment and in the compartments in which passengers are carried–
(a) supply of oxygen sufficient, in the event of failure to maintain such pressure occurring in the circumstance specified in columns 1 and 2 of the Table set out in Part II of this Scale, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and
(b) in addition, in every case where the aeroplane 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.
(ii) In any other aeroplane–
(a) a supply of oxygen sufficient for continuous use by all the crew, and, if passengers, are carried, by 10 percent of the number of passengers, for any period exceeding 30 minutes during which the aeroplane flies at 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 to the whole time during which the aeroplane flies above flight level 130, together with suitable and sufficient apparatus to enable such persons to use, oxygen.
PART II
Column 1 | Column 2 | Column 3 | Column 4 |
Vertical displacement of the aeroplane in relation to flight levels | Capability of aeroplane to descend (where relevant) | 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 | Aeroplane is either flying at or below flight level 150 or is capable of descending continuing to destination as specified at X hereunder | 30 minutes or the period specified at A hereunder, whichever is greater | 10 per cent of number of passengers |
| { 10 minutes or | All passengers. |
|
Above flight level 300 but not above flight level 350 | Aeroplane is capable of descending and continuing to destination as specified at Y hereunder | 30 minutes or the period specified at A hereunder, whichever is the greater. | 15 percent of the number of passengers. |
{ 10 minutes or | All passengers. |
||
Aeroplane is not so capable | { And in addition | 15 percent of number of passengers. |
|
| { 10 minutes or the | All passengers. |
A – The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the compartments in which passengers are carried has occurred, the aeroplane flies above flight level 100.
B – The whole period during which, after a failure to maintain such pressure has occurred, the aeroplane flies above flight level 150.
C – The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100, but not above flight level 150.
X – The aeroplane is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft to flight level 150 within six minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
Y – The aeroplane is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft to flight level 150 within four minutes and of continuing at or below that, flight level to its place of intended destination or any other place at which a safe landing can be made.
Scale L:
Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lighting 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.
Scale N:
An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).
Scale O:
A radar set capable of giving warning to the pilot in command of the aircraft of the presence of cumulonimbus clouds and other potentially hazardous weather conditions.
Scale P:
A flight 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 aircraft is of such a nature as to enable this item to be recorded.
The recorder, which shall always be in use from the beginning of the take-off run until the end of landing run, shall be so constructed that the record would be likely to be preserved in the event of an accident to the aircraft.
Scale Q:
If the maximum total weight authorised of the aeroplane exceed 5,700 kgs. and it is first registered on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with clock or bolt capable of being worked from the flight crew compartment.
Scale R:
(i) 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
(ii) 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
(iii) equipment sufficient to protect from 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) 1 survival beacon radio apparatus;
(b) Marine type pyrotechnical distress signals;
(c) for each 4 or proportion of 4 persons on board, 50 grams of glucose toffee tablets;
(d) for each 4 or proportion of 4 persons on board, 1 litre of fresh water in durable containers;
(e) First-Aid equipment.
Scale T:
(a) 1 survival beacon radio apparatus;
(b) marine type pyrotechnical distress signals;
(c) for each 4 or proportion 4 persons on board, 250 grams of glucose toffee tablets;
(d) for each 4 or proportion of 4 persons on board, 1 litre of fresh water in durable container;
(e) first-Aid equipment;
(f) for every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel;
(g) 1 cooking utensil, in which snow or ice can be melted;
(h) 2 snow shovels;
(i) 2 ice saws;
(j) single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.
SIXTH SCHEDULE
RADIO APPARATUS TO BE CARRIED IN AIRCRAFT
(Regulation 13)
1. Every aircraft registered in Tanzania shall be provided, when flying circumstances specified in the first column of the Table set forth in paragraph 2 of this Schedule, with the scales of equipment respectively indicated 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 duplicated.
2.
TABLE
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3. The scales of radio apparatus indicated in the foregoing Table shall be as follows–
Scale A:
Radio apparatus capable of maintaining two-way communication with the appropriate aeronautical radio stations.
Scale B:
Radio apparatus capable of enabling the aircraft to be navigated on the intended route.
Scale C:
Radio apparatus capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.
Scale D:
Radio apparatus 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 aerodrome at which the aircraft is to land.
SEVENTH SCHEDULE
AIRCRAFT, ENGINE AND PROPELLER LOG-BOOKS
(Regulation 14)
1. Aircraft Log-Book
The following entries 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) particulars of the date and duration of each flight, or if more than one flight was made on one day, the number of flights and total duration of flights 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-book required by paragraphs (6) and (7) of regulation 9;
(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 subparagraphs (e), (f) and (g) in respect of any engine or variable pitch propeller.
2. Engine Log-Book
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) particulars of the date and duration of each occasion on which the engine is run in flight, or, if the engine is run on more than one occasion on one day, the number of occasions and the total duration of the running of the engine on the 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 paragraphs (6) and (7) of regulation 9;
(g) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.
3. Variable Pitch Propeller Log-Book
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) particulars of the date and duration of each occasion on which the propeller is run in flight, or, if the propeller is run on more than one occasion on one day, the number of occasions and the total duration of the running of the propeller 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-book required by paragraphs (6) and (7) of regulation 9;
(g) particulars of any overhauls, repairs, replacements on modifications relating to the propeller.
EIGHTH SCHEDULE
FLIGHT CREW OF AIRCRAFT: LICENCES AND RATINGS
(Regulation 19)
PART A – LICENCES
Minimum Age, Period of Validity, Privileges
1. STUDENT PILOTS
Student Pilot's Licence (All Aircraft)
Minimum Age 17 years.
Maximum period of validity–
(a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or
(b) 12 months, if the holder is 40 years of age or more on that date.
Privileges–
The licence–
(a) shall entitle the holder to fly as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot's licence;
(b) shall be valid only for flights within Tanzania;
(c) shall not entitle the holder to fly as pilot in command of an aircraft in which any person is carried;
(d) shall be valid only for flights carried out in accordance with instructions given by a person holding a pilot's licence granted under these regulations, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft to be flown.
2. AEROPLANE PILOTS
Private Pilot's Licence (Aeroplanes)
Minimum age 17 years.
Maximum period of validity–
(a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or
(b) 12 months, if the holder is 40 years of age or more on that date.
Privileges–
The Licence–
(i) shall entitle the holder to fly as pilot in command or co-pilot of an aeroplane of any of the types specified in the aircraft rating included in the licence, when the aircraft is flying for any purpose other than public transport or aerial work;
(ii) shall not entitle the holder to act as pilot in command by night while carrying any passenger in the aircraft unless a night rating is included in the licence, and unless an instrument rating is included or he has within the immediately preceding six months carried out as pilot in command not less than five take-offs and five landings at a time when the depression of the centre of the sum is not less than 12 degrees below the horizon.
Commercial Pilot's Licence (Aeroplanes)
Minimum Age – 18 years
Maximum period of validity–
(a) 12 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or
(b) 6 months, if the holder is 40 years of age or more on that date.
Privileges–
In addition to the privileges given above for the Private Pilot's Licence (Aeroplane), the holder of the licence shall be entitled to fly as:
(a) Pilot in Command of any aeroplane of a type specified in Part 1 of the aircraft rating when the aeroplane is engaged on a flight for any purpose whatsoever:
Provided that–
(i) he shall not, unless his licence included an instrument rating, fly such an aeroplane on any scheduled journey;
(ii) he shall not fly such an aeroplane at night on a flight on which a passenger is carried unless his licence includes an instrument rating or he has within the immediately preceding 90 days carried out as pilot in command not less than five landings at a time when the depression of the centre of the sun was not less than 12 degrees below horizon;
(iii) he shall not unless his 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 beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;
(iv) he 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.
(b) Co-pilot of any aeroplane of a type specified in Part I or II of such aircraft rating when the aeroplane is engaged in a flight for any purpose whatsoever.
Senior Commercial Pilot's Licence (Aeroplanes)
Minimum Age - 21 years
Maximum Period of Validity - Six Months 1
Privileges-
In addition to the privileges given above for the Private Pilot's Licence (Aeroplanes) the holder of the Licence shall be entitled to fly as–
(a) Pilot in Command of any aeroplane of a type specified in Part I of the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever:
Provided that:
(i) he shall not, unless his licence includes an instrument rating, fly such an aircraft on any scheduled journey;
(ii) he shall not fly such an aircraft on a flight carrying passengers at a night unless an instrument rating is included in his licence or he has within the immediately proceeding 90 days carried out as Pilot in Command not less than five take-offs and five landings at a time when the depression of the sun is not less than 12 degrees below the horizon;
(iii) he shall not, unless his licence includes an instrument rating, fly any such aircraft of which the maximum total weight authorised exceeds 2,300 kg. on any flight for the purpose of public transport except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;
(iv) he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorised exceeds 20,000 kg. for that Licence.
(b) Co-Pilot of any aeroplane of a type specified in Part I and Part II of such aircraft rating when the aeroplane is engaged on a flight for the purpose of public transport or aerial work.
3. HELICOPTER PILOTS
Private Pilot's Licence (Helicopters)
Minimum age – 17 years
Maximum period of Validity–
(a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or
(b) 12 months, if the holder is 40 years of age or more on that date.
Privileges–
The holder of the licence shall be entitled to fly as a Pilot in Command or Co-Pilot of any type of a helicopter specified in the aircraft rating included the licence when the aircraft is operated for purposes other than public transport or aerial work. He may not fly as Pilot in Command of such flight at night when carrying passengers, unless his licence contains a night rating and he has, within the immediately preceding ninety days, carried out not less than five circuits and landings as Pilot in Command at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon.
Commercial Pilot's Licence (Helicopters)
Minimum Age – 18 years
Maximum Period of Validity – Six months 2
Privileges–
In addition to the privileges given above for the Pilot's Licence (Helicopters) the holder of the Licence shall be entitled to fly as–
(a) Pilot in Command of any helicopter of which the total weight authorised does not exceed 5,700 kg. and which is of a type specified in Part I of the aircraft rating included in the licence when the helicopter is engaged on a flight for the purpose of public transport.
(b) Pilot in Command of any helicopter of a type specified in Part I of the aircraft rating of the licence when the helicopter is engaged on a flight for the purpose of aerial work:
Provided that he shall not fly as Pilot in Command on a flight carrying passengers unless he has within the immediately preceding ninety days carried out not less than five take-offs and five landings as pilot in command at time when the depression of the centre of the sun is not less than 12 degrees below the horizon.
(c) Co-Pilot of any helicopter required to carry two pilots and of a type specified in Part I or Part II of such aircraft rating for purposes of public transport or aerial work.
Airline Transport Pilot's Licence (Helicopters)
Minimum Age – 21 years
Minimum Period of Validity - Six Months 3
Privileges–
In addition to the privileges given for the Private Pilot's Licence Helicopter, the holder of the Licence shall be entitled to fly as–
(a) Pilot in Command of any helicopter of a type specified in Part 1 of the aircraft rating included in the licence when the aircraft is engaged on a flight for purposes of public transport or aerial work:
Provided that he shall not fly as Pilot in Command on a flight at night carrying passengers unless he has within the immediately preceding ninety days carried out not less than five take-offs and five landings as Pilot in Command at a time when when the depression of the centre of the sun is not less than 12 degrees below the horizon;
(b) Co-Pilot of any helicopter required to carry two pilots and of a type specified in Part I or Part II of such aircraft rating for the purposes of public transport or aerial work.
4. BALLOON AND AIRSHIP PILOTS
Private Pilot's Licence (Balloons and Airships)
Minimum Age – 17 years
Maximum Period of Validity–
(a) 24 months, if the holder is less than 40 years of age on the date on which licence is granted or renewed; or
(b) 12 months, if the holder is 40 years or more on that date.
Privileges–
The holder of the licence shall be entitled to fly, when the balloon or airship is flying for any purpose other than public transport or aerial work, as:
(a) Pilot in Command of any type of balloon or airship specified in Part I of the aircraft type rating included in the licence;
(b) Co-Pilot of any type of balloon or airship specified in Part I or Part II of such aircraft rating.
5. OTHER FLIGHT CREW
Flight Navigator's Licence
Minimum Age – 21 Years
Maximum Period of Validity – 12 months
Privileges–
The holder of the licence shall be entitled to act as flight navigator in any aircraft.
Flight Engineer's Licence
Minimum Age – 12 years.
Maximum Period of Validity – 12 months
Privileges–
The holder of the licence shall be entitled to act as flight engineer in any type of aircraft specified in the aircraft rating included in the licence.
Flight Radiotelephony Operator's Licence
Minimum Age – 17 years.
Maximum Period of Validity – 24 months
Privileges–
The holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft.
PART B – RATINGS
1. The following ratings may be included in a pilot's licence other than a student pilot's licence granted under part v of these regulations and subject to the provisions of these regulations and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows.
Aircraft Rating:
The licence shall entitle the holder 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.
Instrument Rating (Aeroplanes):
Shall entitle the holder of the licence to act as pilot of an aeroplane flying in controlled airspace in accordance with the Instrument Flight Rules:
Provided that the holder shall not be so entitled unless the licence bears a certificate, signed by a person authorised by the Director-General for that purpose, indicating that the holder has, within the previous 13 months, passed an instrument flying test.
Night Rating (Private Pilot's Licence Aeroplanes):
Shall entitle the holder of a private pilot's licence to act as Pilot in Command of an aeroplane carrying passengers by night.
Flying Instructor's Rating:
Shall entitle the holder of the licence to give instructions in flying aircraft of such types as may be specified in the rating for that purpose.
The maximum period of validity of a flying instructor's rating shall be 12 months.
Assistant Flying Instructor's Rating:
Shall entitle the holder of the licence to give instructions in flying aircraft of such types as may be specified in the rating for that purpose:
Provided that–
(a) except when the Director-General has given a direction in writing to the contrary such instructions shall only be given under the supervision of a person present during the take-off and landings at the aerodrome at which the instructions are to begin and holding a pilot's licence endorsed with a flying instructor's rating; and
(b) an assistant flying instructor's rating shall not entitle the holder of the licence to give directions to the person undergoing instruction in respect of the performance by that person of–
(i) his first solo flight; or
(ii) is first solo flight by night; or
(iii) his first solo cross-country flight otherwise than by night; or
(iv) his first solo cross-country flight by night.
The maximum period of validity of an assistant flying instructor's rating shall be twelve months.
2. An aircraft rating may be included in every flight engineer's licence. The licence shall entitle the holder to act as flight engineer only of aircraft of a type specified in the aircraft rating.
3. For the purposes of this Schedule:
"solo flight" means a flight on which the pilot of the aircraft is not accompanied by a pilot's licence granted or rendered valid under these regulations;
"cross-country flight" means any flight during the course of which the aircraft is more than 10 nautical miles from the aerodrome of departure.
NINTH SCHEDULE
AIR TRAFFIC CONTROLLERS: RATINGS
(Regulation 60)
1. The holder of a licence which includes rating of two or more of the classes specified in paragraph 2 of this Schedule shall not at any one time perform the functions specified in respect of more than one of those ratings:
Provided that the functions of any one of the following groups of rating may be exercised at the same time–
(a) The Aerodrome Control Rating and the Approach Control Rating;
(b) The Approach Control Rating and the Approach Radar Control Rating; except that the functions of the Approach Control Rating shall not be exercised at the same time as the functions of the Approach Radar Control Rating if the service being provided under the latter is a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway;
(c) The Area Control Rating and the Area Radar Control Rating.
2. Ratings of the following classes may be included in an Air Traffic Controller's Licence granted under regulation 59 and, subject to the provisions of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows–
(a) Aerodrome Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft on the manoeuvring area or apron of that aerodrome or which is flying in the vicinity of the aerodrome traffic zone by visual reference to the surface;
(b) Approach Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide Air Traffic Control service (but not with any type of radar equipment for which a radar control Rating is required under this paragraph) for any aircraft which is flying in the Control Zone and Terminal Control area of the aerodrome whether or not it is flying visual reference to the surface;
(c) Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome at which the rating is valid to provide Air Traffic Control Service with the aid of any type of surveillance Radar equipment for which the rating is valid;
(d) Area Control Rating shall entitle the holder of the licence at any place for which the rating is valid to provide an Air Traffic Control Service without the aid of any surveillance Radar equipment; and
(e) Area Radar Control Rating shall entitle the holder of the licence at any place for which the rating is valid, to provide Air Traffic Control Service with the aid of any type of surveillance Radar equipment for which the rating is valid.
TENTH SCHEDULE
PUBLIC TRANSPORT: OPERATIONAL REQUIREMENTS
PART A – OPERATIONS MANUAL
(Regulation 24)
Information and instructions relating to the following matters shall be included in the operations manual referred to in paragraph (2) of regulation 24:
(a) Instructions outlining the responsibilities of operating staff relating to the conduct of flight operations;
(b) the number of the flight crew to be carried in the aircraft on each stage of the route to be flown, and the respective capacities in which they are to act, including instructions as to the persons to be in command of the aircraft and as to the order and circumstances in which such command should be assumed by other persons;
(c) emergency flight procedures, including procedures for the instruction of passenger in the position and use of emergency equipment;
(d) procedures for crew members in the event of an act of unlawful interference, as detailed in the operator's security programme;
(e) (i) in respect of a flight on a scheduled journey the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion;
(ii) in respect of a flight other than on a scheduled journey information as to the basis on which the minimum altitudes for safe flight shall be calculated.
For a route which is in frequent use the minimum altitudes for safe flight on each stage of the route should be stated;
(f) the circumstances in which a radio watch must be maintained;
(g) list of the navigational equipment to be carried in the aircraft;
(h) instructions as to the manner of computing and recording the quantities of fuel and oil to be carried and consumed by the aircraft on each stage of the route to be flown. Such instructions shall take account for all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines whilst en route;
(i) the conditions under which oxygen is to be used by the crew and passengers;
(j) the aeronautical information publication of the Directorate of Civil Aviation which shall be deemed an integral part of the operations manual;
(k) weather minima (as specified in part D of the Tenth Schedule) appropriate to the aircraft and any aid to be used for the aerodrome alternate aerodrome;
(l) the particulars referred to in regulation 50;
(m) such technical information not already contained in a flight manual available to the flight crew concerning the aircraft, its engines and equipment as may be necessary to enable them to perform their respective duties;
(n) the reporting in flight to the appropriate authorities of information relating to hazardous and other weather conditions experienced; and
(o) procedures for Pilots-in-Command of intercepted aircraft;
(p) the check system to be followed by the crew of the aircraft prior to and on take-off or landing and in emergency so as to ensure that the operating procedure continued in the operations manual and in the flight manual or performance schedule relevant to the aircraft are complied with;
(q) visual signals for use by intercepting and intercepted aircraft;
(r) check list of emergency and safety equipment and instructions or its use.
PART B – CREW TRAINING AND TTS
REGULATION 26
1. The training, experience, practice and periodical tests required under paragraph (2) of regulation 26 in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows–
(1) The Crew:
Every member of the crew shall–
(a) 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 lifesaving equipment required to be carried in the aircraft on the flight; and
(b) 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 by 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 Director-General for the purpose and controlled by persons so approved.
(2) Pilots:
(a) every pilot included in the flight crew who is intended by the operator to fly as pilot in conditions requiring compliance with Instrument Flight Rules (which conditions are hereafter in this Schedule referred to as "IMC") shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in an aircraft of the type to be used on this flight, including a test of his ability–
(i) to execute normal and emergency manoeuvres and procedures in flight in such aircraft in IMC, actual or simulated; and
(ii) to use in IMC, actual or simulated, the instruments and equipment provided for use in such conditions in the aircraft to be used on the flight.
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 subparagraph may be conducted either in the aircraft in flight or under the supervision of a person approved by the Director-General for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground.
(b) Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such rating in his licence is not intended by the operator to fly as pilot in IMC, 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 as to his competence to act as pilot including a test of his ability to execute normal and emergency manoeuvres and procedures.
(3) Flight Engineers:
Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator, either in flight, or under the supervision of a person approved by the Director-General for that purpose, by means of apparatus so approved in which flight conditions are simulated on the ground, as to his competence to perform to the duties of flight engineer in aircraft of the type to be used on the flight, including his ability to execute emergency procedures in the course of such duties.
(4) Flight Navigators:
Every flight navigator whose inclusion in the flight crew is required under paragraph (4) of regulation 17 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 using equipment of the type to be used in the aircraft on the flight for purposes of navigation.
(5) Aircraft Commanders:
(a) the pilot designated as commander of the aircraft for the flight shall within the relevant period–
(i) have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken or, in the case of non- scheduled journeys, the area in which it is intended to operate, the aerodromes of take-off and landing, and any alternate aerodromes, including in particular his knowledge of:
the seasonal meteorological conditions, the meteorological communications, and air traffic facilities, service and procedures, the search and rescue procedures, and the navigational facilities, relevant to the route or areas;
(ii) have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in IMC or IMC simulated by means approved by the Director-General or under the supervision of a person approved by the Director-General, for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground;
(iii) have carried out as Pilot in Command not less than three take-offs and three landings in aircraft of the type to be used on the flight;
(b) in determining whether a pilot's knowledge of the matters referred to in subparagraph (a)(i) is sufficient to render him competent to perform the duties of aircraft commander on the flight, the operator shall take into account the pilot's flying experience in conjunction with the following–
(i) the experience of other members of the intended flight crew;
(ii) the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take-off and intended landing and at alternate aerodromes;
(iii) the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar;
(iv) 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;
(v) the reliability of meteorological forecasts and the area to be traversed;
(vi) the adequacy of the information available regarding the aerodrome of intended landing and any alternate aerodromes;
(vii) the nature of Air Traffic Control procedures and familiarity of the pilot with such procedures;
(viii) the influence of terrain on route conditions and the extent of the assistance obtainable route from navigational aids and air-to-ground communication facilities;
(ix) the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.
(6) For the purposes of this Schedule, the expression "relevant period" means a period which immediately precedes the commencement of the flight, being a period–
(a) in the case if subparagraph (5)(a)(iii) of this paragraph, of three months;
(b) in the case of subparagraphs (2), (3) and (5)(a)(ii) of this paragraph, of six month;
(c) in the case of subparagraphs (1), (4) and (5)(a)(i) of this paragraph, of twelve months:
Provided that–
(i) any pilot of the aircraft to whom the provisions of subparagraphs (2) or (5)(a)(ii) and any flight engineer of the aircraft to whom the provisions of subparagraph (3) of this paragraph 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 thirteen months immediately preceding the flight such occasions being separated by an interval of not less than four months;
(ii) the requirements of subparagraph (5)(a)(i) shall be deemed to have been complied with within the relevant period by a pilot designated as commander 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 thirteen months before commencement of the flight, he has within the period of thirteen months immediately preceding the flight flown as pilot of an aircraft between those places over the route.
2. (1) The records required to be maintained by an operator under paragraph (2) of regulation 26 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 the operator–
(a) the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner;
(b) the date upon which that person last practised the carrying out of the duties referred to in paragraph 1(1)(b) of this Schedule;
(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, particulars of any decision taken by the operator during the said period in pursuance of paragraph 1(5)(a)(i) of this Schedule including particulars of the evidence upon which that decision was based.
(2) The operator shall whenever called upon to do so by any authorised person produce for the inspection of any person so authorised all records referred to in the preceding subparagraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log-books, certificates, papers and other documents whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete 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 furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.
PART C – WEIGHT AND PERFORMANCE
Regulation 28
1. (1) In assessing the ability of an aeroplane to comply with condition (7) in paragraph 2, conditions (4) and (5) of paragraph 3, and condition (2)(i)(b) and and (2)(ii) of paragraph 3, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.
(2) In this Part of the Schedule, unless the context otherwise requires–
"altitude" means either–
(i) the pressure altitude in the international standard atmosphere appropriate to the elevation of the aerodrome; or
(ii) the ambient pressure altitude (actual or forecast as appropriate); or
(iii) a statistically derived notified pressure altitude for the particular aerodrome (a declared pressure altitude);
"specified" in relation to an aircraft means specified in, or ascertainable by reference to–
(a) the certificate of airworthiness in force under these regulations in respect of that aircraft; or
(b) the flight manual or performance schedule in that certificate; or
(c) the approved operations manual;
"the emergency distance available" means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without risk of accident;
"landing distance available" means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its 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 aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;
"take-off distance available" means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest obstacle in the direction of take-off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane 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 aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.
(3) For the purposes of this Part of the Schedule–
(a) the weight of the aeroplane at the commencement of the take-off run shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take-off run;
(b) the landing weight of the aeroplane shall be taken to be the weight of the aeroplane at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or any alternate aerodrome, as the case may be;
(c) where any distance referred to in subparagraph (2) of this paragraph has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the Contracting State in which the aerodrome is situated, and in the case of an aerodrome in Tanzania notified, that distance shall be deemed to be the relevant distance;
(d) nothing in this part shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft.
Weight and Performance of Public Transport Aeroplanes Having no Performance Group Classification in their Certifications of Airworthiness.
2. An aeroplane registered in Tanzania in respect of which there is in force under these regulations a certificate of airworthiness which does not include a performance group classification shall not fly for the purpose of public transport, unless the weight of the aeroplane at the commencement of the take-off run is such that such of the following conditions as apply to that aircraft are satisfied:
Conditions (1) and (2) apply to all aeroplanes to which paragraph (2) applies.
Conditions (3) to (9) apply to all aeroplanes to which paragraph (2) applies–
(i) of which the specified maximum total weight authorised exceeds 5,700 kg; or
(ii) of which the specified maximum total weight authorised does not exceed 5,700 kg,
and which comply with neither condition (1)(a) nor condition (1)(b).
Conditions (10) to (17) inclusive apply to all aeroplanes to which paragraph 2 applies, of which the specified maximum total weight authorised does not exceed 5,700 kg. and which comply with condition (1)(a) or condition (1)(b) or with both these conditions.
All aeroplanes.
(1) Either–
(a) the wing loading of the aeroplanes does not exceed 10 kg. per square cm; or
(b) the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or
(c) the aeroplane, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the specified International Standard Atmosphere.
(2) The weight of the aeroplane at the commencement of the take-off run does not exceed–
(i) the maximum take-off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made; or
(ii) the weight ascertained as the result of flight tests undertaken by the Director-General, which may be approved having regard to the having regard to the characteristics of the aerodrome.
Aeroplanes of a specified maximum total weight authorised exceeding 5,700 kg. and aeroplanes of a specified maximum total weight authorised not exceeding 5,700 kg. which comply with neither condition (1)(a) nor condition (1)(b).
(3)(a) 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, does not exceed the take-off run available at the aerodrome at which the take-off is to be made;
(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 either 33 for aeroplanes having two power units or by a factor of 1.18 for aeroplanes having four power units does not exceed the emergency distance available at the aerodrome at which the take-off is to be made;
(c) for the purposes of subparagraphs (a) and (b) 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 aerodrome;
(iii) the air temperature at the aerodrome;
(iv) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available respectively;
(v) the conditions at the surface of the runway at which the take-off will be made.
(4)(a) The take-off flight path with one power unit in operative and the remaining power unit or units operating within the maximum take-off power conditions specified, appropriate to–
(i) the weight of the aeroplane run at the commencement of the take-off;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome;
(iv) not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off, and plotted from a point 50 feet above the end of the appropriate factored distance required for take-off under condition (3)(b) of this regulation at the aerodrome at which the take-off is to be made, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet; except that if it is intended that an aeroplane shall change its direction by more than 15" the vertical interval shall be not less than 50 feet during the change of direction.
(b) For the purpose of subparagraph (4)(a) 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 does not exceed–
(i) when the take-off flight path is to be conducted in Instrument Meteorological conditions:
(aa) a distance of 60m 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; or
(bb) 1,500 m,
whichever is the less.
(ii) when the take-off flight path is to be conducted in Visual Meteorological Conditions:
(aa) 60m plus half the wing span of the aeroplane;
(bb) 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 a radius of steady turn corresponding to an angle of bank of 15℃:
Provided that condition (4) shall not apply at those aerodromes where–
(i) adequate survey information is not available; and
(ii) flight tests, undertaken and approved by the Director-General show that safe operation can be carried out by conforming to a specified visual procedure.
(5) 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 or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight either–
(a) at or above the minimum flight levels notified for the route area or zone concerned; or
(b) [by] clearing all obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least–
(i) 1,000 feet when the gradient of the flight path is not less than zero; or
(ii) 2,000 feet when the gradient of the flight path is less than zero so as to reach an aerodrome at which it can comply with condition (9) at a suitable height for landing.
(6) The aeroplane will, in the meteorological conditions expected for the flight at any point on its route or on any planned diversion therefrom be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitudes:
(a) the minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion specified in, or calculated from the information contained in the operations manual relating to the aeroplane; and
(b) the minimum altitudes necessary for compliance with conditions (5) and (7), as appropriate.
(7) If on the route to be flown or any planned diversion, the aeroplane be engaged in a flight over water during which at any point it may be more than 90 minutes' flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power units or unit operating within the maximum continuous power conditions, specified be capable of continuing the flight having regard to the meteorological conditions expected for the flight, clearing all obstacles within 10 nautical miles, either side of the intended track by vertical intervals of at least 1,000 feet to an aerodrome at which a safe landing can be made.
(8) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(9) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent 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 land because of the forecast wing conditions; and for the purposes of runway that may be required for this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to–
(a) the landing weight;
(b) the altitude at the aerodrome;
(c) the temperature in the specified International Standard Atmosphere appropriate to the altitude at the aerodrome;
(d) (i) a level surface in the case of runways usable in both directions;
(ii) the average slope of the runway in the case of runways usable in only one direction; and
(e) (i) still air conditions in the case of the most suitable runway for landing in still air conditions;
(ii) not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component of landing in the case of the runway that may be required for landing because of forecast wind conditions.
Aeroplanes of a specified maximum total weight authorised not exceeding 5,700 kg. and which comply with either condition (1)(b), or with both those conditions.
(10) If the aeroplane is engaged in a flight at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome, are less than 500 feet and 3 nautical miles respectively, it will, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of maintaining an altitude of 1,000 feet above all obstacles within 10 nautical miles of the relevant aerodromes.
(11)(a) 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 does not exceed the take-off run available at the aerodrome at which the take-off is to be made;
(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 aerodrome at which the take-off is to be made;
(c) for the purposes of subparagraph (a) and (b) 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 aerodrome;
(iii) the temperature in the specified International Standard Atmosphere appropriate to the altitude at the aerodrome, or if greater, the air appropriate to the altitude at the aerodrome, or if greater, the air temperature at the aerodrome less than 15℃ Centigrade;
(iv) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance over the take-off run available and the emergency distance respectively; and
(v) not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off.
(12) The take-off flight path, with all power units operating within the maximum take-off power conditions specified appropriate to–
(a) the weight of the aeroplane at the commencement of the take-off run;
(b) the altitude at the aerodrome;
(c) the temperature in the specified International Standard Atmosphere appropriate to the altitude at the aerodrome, or if greater, the air temperature at the aerodrome less than 15℃ Centigrade; and
(d) not more than 50 percent of the reported wind component opposite to the direction of take-off,
and plotted from a point 50 feet above the end of the factored distance required for take-off under condition (11)(b), at the aerodrome at which the take-off is to be made shows that the aeroplane will clear any obstacle lying within 60 m plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet. 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 of steady turn corresponding to an angle of bank of 15℃:
Provided that condition (1) shall not apply to those aerodromes where–
(i) adequate survey information is not available; and
(ii) flight tests, undertaken and approved by the Director-General, show that safe operation can be carried out by conforming to a special visual procedure.
(13) 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 and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which safe landing can be made at a suitable height for such landing.
(14) The aeroplane will, in the meteorological conditions expected for the flight at any point on its route or any planned diversion, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitudes–
(a) the minimum altitudes for safe flight on each stage of the route to be flown on any planned diversion therefrom specified in, or calculated from, the information contained in the operations manual relating to the aeroplane; and
(b) the minimum altitudes necessary for compliance with condition (13).
(15) If on the route to be flown or any planned diversion the aeroplane will be engaged in a flight over water during which at any point it may be more than 30 minutes' flying time in still air from the nearest shore, it will, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 5,000 feet in the specified International Standard Atmosphere.
(16) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(17) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent, or, if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, 80 percent, of the landing distance available on–
(a) the most suitable runway for a landing in still air conditions; and
(b) the runway that may be required for landing because of the forecast wind conditions,
the distance required to land from a height of 50 feet being taken to be that appropriate to–
(i) the landing weight;
(ii) the altitude at the aerodrome;
(iii) the temperature in the specified International Standard Atmosphere appropriate to the altitude at the aerodrome;
(bb) not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent 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.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group A in their Certificate of Airworthiness.
3. (a) An Aeroplane registered in Tanzania in respect of which there is in force under these Regulations a Certificate of Airworthiness in which the aeroplane is designated as being of performance group A shall not fly for the purpose of public transport except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied:
(1) That the weight does not exceed the maximum take-off weight for altitude and temperature specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made.
(2) The take-off run, take-off distance and the emergency distance respectively required for take-off, specified as being appropriate to–
(a) the weight of the aeroplane at the commencement of the take-off run;
(b) the altitude at the aerodrome;
(c) the air temperature at the aerodrome;
(d) the condition of the surface of the runway at which the take-off will be made;
(e) the slope of the surface of the aerodrome in the direction of the take-off over the take-off run available, the take-off distance available and the emergency distance available, respectively; and
(f) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent 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 aerodrome at which the take-off is to be made; in ascertaining the emergency distances 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 of power unit failure–
(i) the most suitable runway for a landing in still air condition; and
(ii) the runway that may be required for landing because of the forecast wind conditions:
Provided that if an alternate aerodrome is designated in the flight plan the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination in respect of the runway that may be required for landing because of the forecast wind conditions.
(b) For the purposes of subparagraph (a) hereof the landing distance required shall be that specified as being appropriate to:
(i) the landing weight;
(ii) the altitude at the aerodrome;
(iii) the temperature in the Specified International Standard Atmosphere appropriate to altitude at the aerodrome;
(iv) (aa) a level surface in the case of runways unusable in both directions;
(bb) the average slope of the runway in the case of runway usable in only one direction; and
(v) (aa) still air conditions in the case of the most suitable runway for landing in still air conditions;
(bb) not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent 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.
Weight and Performance of Public Transport Aeroplane Classified as Aeroplanes of Performance Group C or of Performance Group D in their Certificate of Airworthiness.
4. (1) An aeroplane registered in Tanzania in respect of which there is in force under these Regulations a Certificate of Airworthiness in which the aeroplane is designated as being of performance group C or of performance group D shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied–
(a) that the weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made;
(b) the take-off run required specified as being appropriate to–
(i) the weight of the aeroplane at the commencement of the take-off run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome;
(iv) the average slope of the surface of the aerodrome in the direction of the take-off over the emergency distance available;
(v) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent of the reported wind component in the direction of the take-off,
do not exceed the take-off run available and the emergency distance available, respectively, at the aerodrome at which the take-off is to be made;
(c) the net 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 aerodrome.
(2)(a) The net 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;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome; and
(iv) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent of the reported wind component in the direction of the take-off,
and plotted from a point 35 feet, as appropriate, above the end of the take-off distance required at the aerodrome at which the take-off is to be made to a height of 1,500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet, except that 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.
(b) For the purpose of subparagraph (a) 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) when the take-off flight path is to be conducted in Instrument Meteorological Conditions–
(aa) 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 aeroplane; or
(bb) 1,500 metres, whichever is the less;
(ii) when the take-off flight path is to be conducted in Visual Meteorological Conditions.
(c) 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 unspecified radius of steady turn.
(3) 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 or unit 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 obstacles within 5 nautical miles either side of the intended track, to an aerodrome at which it can comply with condition (7) in this paragraph relating to an alternate aerodrome and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the aerodrome, and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flight at an altitude exceeding the specified maximum permissible altitude for power unit restarting.
5. The aeroplane 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 more than 90 minutes' flying time in still air at the all power units operating economical cruising speed from the nearest aerodrome at which it can comply with condition (7) in this paragraph, relating to an alternate aerodrome, 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 lest 2,000 feet obstacles within 5 nautical miles either side of the intended track to such an aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1,500 feet above the aerodrome; 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.
6. 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 aerodrome at which it is intended to land or at any alternate aerodrome.
7. (a) The landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on–
(i) the weight of the aeroplane at the commencement of the take-off run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome; and
(iv) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent of the reported wind component in the direction of the take-off,
and plotted from a point 50 feet above the end of the take-off distance required at the aerodrome at which the take-off is to be made to the point at which the aeroplane reaches 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 operations manual relating to the aircraft, shows that the aeroplane will clear by a safe margin any obstacles the distance from which to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 60m. plus half the wing span of the aeroplane in assessing the lability 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.
(b) The aeroplane will, if it is designated in its certificate of airworthiness as an aeroplane of performance group C and if it is necessary for it 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, during such period also satisfy condition 3.
(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 or power unit, if any, operating within the specified maximum continuous power conditions–
(i) in the case of an aeroplane designated as an aeroplane of performance Group C, 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, to a point 1,500 feet above a place at which safe landing can be made;
(ii) in the case of in aeroplane designated as an aeroplane of performance Group E be capable of continuing the flight at altitudes not less than the relevant minimum altitudes for safe civil flight stated in, or calculated from the information contain in, the operations manual, to a point 1,500 feet above an aerodrome at which a safe landing can be made and after arrival at that point, be capable of maintaining that height;
(iii) in the case of an aeroplane designated as an aeroplane of performance group D, be capable of continuing the flight to 1,000 feet above a place at which 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.
(d) 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 aerodrome at which it is intended to land and at any alternate aerodrome.
(e) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent of the landing distance available on the most suitable runway for landing because of the forecast wind conditions, and for the purposes of this subparagraph 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 aerodrome;
(iii) the expected air temperature for the estimated time of landing the aerodrome;
(bb) the average slope of the runway in the case of runway in only one direction; and
(bb) not more than 50 percent of the forecast wind component opposite to the directions of landing or not less than 150 percent of the forecast wind component in the directions of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
(2) An aeroplane designated as an aeroplane of performance group D shall not fly for the purpose of public transport (except for the sole purpose of training persons to perform duties in aircraft), at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one mile respectively.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group X in Their Certificate of Airworthiness.
5. (1) An Aeroplane in respect of which there is in force under these Regulations a Certificate of Airworthiness designating the aeroplane as being of performance group X shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied–
(1)(a) that weight does not exceed the maximum take-off weight specified for the altitude at the aerodrome at which the take-off is to be made or for the altitude and the air temperature at such aerodrome, as the case may be;
(b) the minimum effective take-off runway length required, specified as being appropriate to–
(i) the weight of the aeroplane at the commencement of the take-off run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the time of the take-off;
(iv) the condition of the surface of the runway for which the take-off will be made;
(v) the overall slope of the take-off run available; and
(vi) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent of the reported wind component in the direction of the take-off,
does not exceed the take-off run available at the aerodrome at which the take-off is to be made;
(c) (a) the 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 aerodrome; and
(iii) not more than 50 percent of the reported wind component opposite to the direction of the take-off or not less than 150 percent of the reported wind component in the direction of the take-off,
and plotted from a point 50 feet above the end of the minimum effective take-off runway length required at the aerodrome at which the take-off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of 50 feet or 35 feet plus one-hundredth of the distance from the point to the obstacle to the end of the take-off distance available measured along the intended line of flight of the aeroplane;
(b) for the purpose of subparagraph (a) any obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacles to the nearest point on the ground below the intended line of flight does not exceed–
(aa) when the take-off flight path is to be conducted in Instrument Meteorological Conditions–
(i) a distance of 60m plus half the wing span of the aeroplane plus one eight of the distance from such point to the end of the take-off distance available measured along the intended line of flight; or
(ii) 1,500m,
whichever is the less,
(bb) when the take-off flight path is to be conducted in Visual Meteorological Conditions–
(i) 60m. plus half the wing span of the aeroplane;
(ii) ...... 1
(c) in assessing the ability of the aeroplane to satisfy this condition, in so far as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle to bank of 15℃.
(2)(a)(i) Subject to subparagraph (b), the weight of the aeroplane at any point on the route or any planned diversion having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K (Vso/100)² feet per minute at an altitude not less than the minimum altitude for safe flight stated in or calculated from the information contained in the operations manual. Vso is the speed in knots and K has the value of 797-1060/N, N being the number of power units installed.
(ii) As an alternative to (a), the aeroplane may be flown at an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with condition (3)(ii) in this paragraph relating to an alternate aerodrome. In that case the weight of the aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining an altitude on the route to such aerodrome of 2,000 feet above all obstacles within five nautical miles on either side of the intended track and–
(aa) the rate of climb, specified for the appropriate weight and altitude used in calculating the flight path shall be reduced by amount equal to K(Vso/100)² feet per minute;
(bb) the aeroplane shall comply with the climb requirements of condition 2(i)(a) at 1,000 feet above the chosen aerodrome;
(cc) account shall be taken of the effect of wind and temperature on the flight path; and
(dd) the weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.
(b) An aeroplane having four power units shall, if any planned diversion being a point more than 90 minutes flying time (assuming all power units to be operating) from the nearest aerodrome at which landing can made in compliance with condition (3)(ii) of this paragraph relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1,000 feet above ground level to a point above that aerodrome. In assessing the ability of the aeroplane to satisfy this condition, it shall be assumed that the remaining power units will operate within the specific maximum continuous power conditions and account shall be taken of the temperature and wind conditions expected for the flight.
(3)(a) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude at the aerodrome at which it is intended to land and at any alternate aerodrome.
(b) The required landing runway lengths respectively specified as being appropriate to the aerodromes of intended destination and the alternate aerodromes do not exceed that of the aerodrome at which it is intended to land or at any alternate aerodrome, 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.
The required landing runway lengths being taken to be those specified as being appropriate to–
(a) the landing weight;
(b) the altitude at the aerodrome;
(c) still air condition in the case of the most suitable runway for a landing in still air conditions; and
(d) not more than 50 percent of the forecast wind component opposite to the direction of landing or less than 150 percent 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.
PART D – WEATHER MINIMA
REGULATION 28
Minimum Weather Conditions for Take-off and, Approach to Landing by Public Transport Aircraft Registered in Tanzania.
1. In this paragraph–
"approach to landing" means that portion of the flight of the aircraft in which it is descending below a height of 1,000 feet above the critical height of the relevant minimum for landing;
"approved", in relation to the operations manual, means accepted by the Director-General after any additions or amendments required by the Director-General have been incorporated;
"cloud ceiling", in relation to an aerodrome, means the height above the ground or water of the base at the lowest layer cloud below 6,000m (20,000 ft) covering more than one half of the sky;
"minimum weather condition", in relation to an aerodrome, means the cloud ceiling and runway visual range visibility as appropriate for landing below which the air cannot safely take-off or land (as the case may be) at the aerodrome, and the expression "Relevant Minimum" shall be constructed accordingly;
"obstacle clearance height" means the lowest height above the elevation of the relevant runway threshed or above the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;
"runway visual range" in relation to a runway or landing strip means the range over which the pilot of an aircraft on the centre line of a runway can see the runway markings or the lights delineating the runway or identifying its centre line;
"specified" in relation to an aircraft means specified in or ascertainable by reference to the operations manual relating to the aircraft;
"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. In the case of an aerodrome in Tanzania the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the visibility shall be taken as the visibility, for the time being.
2. In compliance with paragraph (2) of regulation 24 and paragraph (k) of Part A of this Schedule, the operator of every aircraft to which this Schedule applies shall establish and include in the operations manual relating to the aircraft, particulars of minimum weather conditions appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that:
(a) in respect of aerodromes to be used only on a flight which is not a scheduled journey or any part thereof, it shall be sufficient to include in the operations manual data and instructions by means of which the appropriate minimum weather conditions can be calculated by the commander of the aircraft; and
(b) in respect of aerodrome at which meteorological observations cannot be communicated to the commander of an aircraft in flight, it shall be sufficient to include in the approved operations manual, general directions to pilots concerning minimum weather conditions for safe operation.
3. The minimum weather conditions specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
4. In establishing minimum weather conditions 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 aerodrome and its surroundings;
(d) the dimensions of the runways which may be selected for use;
(e) whether or not there are in use at the relevant aerodrome 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 to landing and take-off which may be adopted according to the existence or absence of such aids;
(f) whether or not there are in use at the relevant aerodrome any communication facilities for passing meteorological observations to aircraft in flight,
and shall establish in relation to each runway which may be selected for use, the minimum weather conditions appropriate to each set of circumstances which can reasonably be expected.
5. With reference to regulation 28(3) an aircraft shall not commence a flight at a time when–
(a) the cloud ceiling or the runway visual range or visibility as appropriate, at the aerodrome of departure, is less than the minimum respectively specified for the take-off; or
(b) according to the information available to the commander of the aircraft it would not be able, without contravening paragraph (6), to commence or continue an approach to landing at the aerodrome of intended destination at the estimated time the aircraft would arrive there.
6. With reference to regulation 28(3) an aircraft shall not–
(a) commence or continue an approach to landing at any aerodrome if the visual range or visibility, as appropriate, at that aerodrome, established or determined as aforesaid, is at the time, less than the relevant minimum for landing; or
(b) continue an approach to landing at any aerodrome by flying below the obstacle clearance height of the relevant for landing if from that height the approach to landing cannot be completed entirely by visual reference to the ground.
7. If according to the information available an aircraft would as regards any flight be required by the Rules of the Air and Traffic Control to be flown in accordance with the Instrument Flying Rules at the aerodrome of intended landing, the commander of the aircraft shall sail it prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
ELEVENTH SCHEDULE
DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN TANZANIA
(Regulations 53 and 54)
On a flight for the purpose of public transport:
Documents A, B, C, D, E, F, H; and if the flight is international, Air Navigation Document G.
On a flight for the purpose of the public transport of passengers: Document J.
On a flight for the purpose of aerial work:
Documents A, B, C, E, F and, if the flight is international, Air Navigation Document G.
On a flight being international Air Navigation, for a purpose other than public transport or aerial work:
Documents A, B, C, and G.
For the purposes of this Schedule:
"A" means the licence in force in respect of the aircraft radio station installed in the aircraft, and the current telecommunication log-book required by this Order;
"B" means the certificate of airworthiness in force in respect of the aircraft;
"C" means the licences of the members of the flight crew of the aircraft;
"D" means one copy of the load sheet, if any, required by Regulation 27 in respect of the flight;
"E" means one copy of each certificate of maintenance, if any, in force in respect of the aircraft;
"F" means the technical log, referred to in regulation 9(8);
"G" means the certificate of registration in force in respect of the aircraft;
"H" means the operations manual, if any, required by Regulation 24 to be carried on the flight;
"J" means one copy of the certificate of release, if any, in force in respect of the aircraft.
For the purpose of this Schedule:
"International Air Navigation" means any flight–
(i) which commences in Tanzania and in which a landing is made outside Tanzania;
(ii) which commences outside Tanzania.
TWELFTH SCHEDULE
RULES OF THE AIR AND AIR TRAFFIC CONTROL
(Regulation 58)
SECTION I – INTERPRETATION
1. In these Rules, unless the context otherwise requires–
"advisory airspace" means a generic term meaning variously, advisory area(s) or advisory route(s);
"air traffic advisory service" means a service to provide separation between known aircraft which are operating on IFR flight plans within advisory airspace;
"air traffic control clearance" means authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;
"airway" means a notified Control Area, or a portion, established in the form of a corridor equipped with radio navigational aid;
"anti-collision light" means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft;
"cloud ceiling" in relation to an aerodrome means the distance measured vertically from the notified elevation of that aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;
"flight plan" means such information as may be notified, provided to an air traffic control unit, relating to an intended flight of an aircraft;
"ground visibility" means the visibility at an aerodrome, as reported by an accredited observer;
"IFR flight" means a flight conducted in accordance with the Instrument Flight Rules in Section VI of these Rules;
"instrument meteorological conditions" means weather precluding flight in compliance with the Visual Flight Rules;
"manoeuvring area" means that part of an aerodrome to be used for take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing, excluding aprons;
"runway" means a rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;
"Sartime" means the term "sartime" entered on a flight plan followed by a six-figure group specifying a date and time in Greenwich Mean Time, indicating that search and rescue action is not expected by the commander of the aircraft unless notification of arrival is not received by the appropriate air traffic control unit by the date and time specified, or unless information is received raising a doubt as to the safety of the aircraft;
"VFR flight" means a flight conducted in accordance with the Visual Flight Rules in Section V of these Rules;
"Visual Meteorological Conditions" means, weather permitting, flight in accordance with the Visual Flight Rules.
SECTION II – GENERAL
2. Application of Rules to Aircraft
These Rules, in so far as they are applicable in relation to aircraft, shall, subject to the provisions of rule 30 of these Rules, apply in relation to–
(a) all aircraft whilst in or over Tanzania; and
(b) all Tanzanian aircraft, wherever they may be.
3. Misuse of Signals and Markings Prohibited
(1) No signal marking to which a meaning is given by these Rules or which is required by these Rules to be used in circumstances or for a purpose specified, shall be used except with that meaning, or for that purpose.
(2) No person in an aircraft or on an aerodrome or at any place at which the aircraft is taking off or landing shall make any signal which may be confused with a signal specified in these Rules, and, except with the lawful authority, shall make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of the naval, military or airforce aircraft of Tanzania.
4. Reporting Hazardous Conditions
The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible, send to the appropriate air traffic control unit, by the quickest means available, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.
5. Low Flying
(1) Subject to the provisions of paragraph (2) and (3) of this Rule–
(a) no aircraft, other than a helicopter, shall fly over any heavily populated area of a city, town or settlement below–
(i) such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or
(ii) the height of 1,000 feet above the highest fixed object within 600 metres of the aircraft,
whichever is the higher;
(b) no helicopter shall fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit;
(c) except with the permission in writing of the Director-General and in accordance with any specified condition, no helicopter shall fly over a heavily populated area or a city, town or settlement below a height of 1,000 feet above the highest fixed object within 600 metres of the helicopter;
(d) no aircraft shall fly–
(i) over, or within 1 kilometre of any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Director-General and in accordance with any specified conditions and with the consent in writing of the organisers of the event; or
(ii) below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit:
Provided that where a person is charged with an offence under these Regulations by reason of a contravention of this subparagraph, it shall be a good defence to prove that the flight of the aircraft over, or within 1 kilometre of the assembly, was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly;
(e) no aircraft shall fly at a height less than 500 feet above the ground or water.
(2) (a) Paragraphs 1(d) and (e) of this rule shall not apply to an aircraft which is being used for police purposes.
(b) Paragraph 1(d) of this rule shall not apply to the flight of an aircraft over or within 1 kilometre of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organisers of the event, and the races, contest, exhibition or flight is approved by the Director-General.
(c) Paragraph 1(e) of this rule shall not apply to–
(i) any aircraft while flying in accordance with normal aviation practice;
(ii) any glider while it is hill-soaring;
(iii) any aircraft while flying in accordance with the provisions of paragraph (f) of regulation 38(2).
(3) Nothing in this rule shall prohibit any aircraft from–
(a) taking off, landing or practising approaches to landing; or
(b) flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a Government or licensed aerodrome in Tanzania or at any aerodrome in any Contracting State; or
(c) flying in such a manner as may be necessary for the purpose of saving life:
Provided that in the case of practising approaches to landing such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.
(4) Nothing in this rule shall apply to any captive balloon or kite.
6. Simulated Instrument Flight
No aircraft shall be flown in Simulated Instrument Flight conditions unless–
(a) the aircraft is fitted with dual controls which are functioning properly;
(b) an additional pilot (in this rule called a "safety pilot") is carried in a second control seat of the aircraft for the purpose of rendering such assistance as may be necessary to the pilot flying the aircraft;
(c) if the safety pilot's field of vision is not adequate both forward and to each side of the safety pilot's field of vision, a third person, being an observer approved by the Director-General, occupies a position in the aircraft from which his field of vision makes good any deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot,
and for the purpose of this rule the expression "Simulated Instrument Flight" means a flight during which mechanical or optical devices are used in order to reduce the field of vision of the range of visibility from the cockpit of the aircraft.
7. Practice Instrument Approaches
No aircraft shall, within Tanzania, carry out instrument approach practice when flying in Visual Meteorological Conditions unless–
(a) the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and
(b) if the flight is not being carried out in simulated instrument flight conditions, an observer approved by the Director-General is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.
SECTION III – LIGHTS AND OTHER SIGNALS TO BE SHOWN BY AIRCRAFT
8. (1) For the purpose of this section of these Rules the horizontal plane of light shown by an aircraft means the plane which would be the horizontal plane passing through the sources of that light, if the aircraft were in level flight.
(2) Where by reason of the physical construction of an aircraft it is necessary to fit more than one lamp in order to show a light required by this section of these Rules, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more than one such lamp is visible from any one point outside the aircraft.
(3) Where in these Rules a light is required to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible from any point in any vertical plane within those angles throughout angles of 90℃ above and below the horizontal plane, but so far as is reasonably practicable through no greater angle, either in the horizontal plane or the vertical plane.
(4) Where in these Rules a light is required to show in all directions the lamps giving such light shall be so constructed and fitted that so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.
9. Display of Lights by Aircraft
(1) By night an aircraft shall display such of the lights specified in these Rules as may be appropriate to the circumstances of the case and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights:
Provided that nothing in this paragraph shall prevent the display of an anti-collision light.
(2) An aeroplane on a land aerodrome in Tanzania at which aircraft normally lands or takes-off at night shall, unless it is stationary on a part of the aerodrome set aside for the embarkation of disembarkation of passengers, the loading or unloading of cargo or the maintenance or parking of aircraft, display by night either the lights which it would be required to display if it were flying, or the lights specified in rule II (2)(a) or II (2)(c) of these Rules.
10. Failure of Navigation Lights
In the event of the failure of any light which is required by these Rules to be displayed in flight, if the light cannot be immediately repaired or replaced, the aircraft shall land as soon as in the opinion of the commander of the aircraft it can safely do so unless authorised by the appropriate air traffic control unit to continue its flight.
11. Aeroplanes
(1) An aeroplane when flying at night shall display lights as follows–
(a) in the case of an aeroplane registered in Tanzania having a maximum total weight authorised of more than 5,700 kg., the system of lights specified in paragraph (2)(b) of this Rule;
(b) in the case of an aeroplane registered in Tanzania having a maximum total weight authorised of 5,700 kg. or less, any one of the following systems of lights–
that specified in paragraph 2(a) of this rule; or that specified in paragraph 2(b); or that specified in paragraph (2)(d), excluding subparagraph (ii);
(c) in the case of any other aeroplane one of the systems of lights specified in paragraph (2) of this rule.
(2) The systems of lights referred to in paragraph (1) of this rule are as follows–
(a) (i) a green light of at least five candles showing to the starboard side through an angle of 110℃ from dead ahead in the horizontal plane;
(ii) a red light of at least five candles showing to the port side through an angle of 110℃ from dead ahead in the horizontal plane; and
(iii) a white light of at least three candles showing through angles of 70℃ from dead astern to each side in the horizontal plane,
all being steady lights;
(b) (i) the lights specified in subparagraph (a) of this paragraph, and
(ii) an anti-collision light;
(c) the lights specified in subparagraph (a) of this paragraph, but all being flashing lights flashing together;
(d) the lights specified in subparagraph (a) of this paragraph, but all being flashing lights flashing together in alternation with one or both of the following–
(i) a flashing white light of at least 20 candles showing in all directions;
(ii) a flashing red light of at least 20 candles showing throughout angles of 70℃ from dead astern to each side in the horizontal plane.
(3) If the lamp showing either the red or the green light specified in paragraph (2)(a) of these rules is fitted more than 2 metres from the wing tip, a lamp may, notwithstanding the provisions of rule 9(1), be fitted at the wing tip to indicate its position, showing a steady light of the same colour throughout the same angle.
12. Gliders
A glider while flying at night shall display either a steady red light of at least five candles, showing in all directions, or lights in accordance with paragraphs (2) and (3) of rule 11 of these Rules.
13. Free Balloons
A free balloon while flying at night shall display a steady red light of at least five candles, showing in all directions, suspended not less than 5 metres and not more than 10 metres below the basket, or if there is no basket, below the lowest part of the balloon.
14. Captive Balloons and Kites
(1) A captive balloon or kite while flying at night at a height exceeding 60 metres (200 ft) above the surface shall display lights as follows–
(a) a group of two steady lights consisting of a white light placed above a red light, both being of at least five candles and showing in all directions, the white light being placed not less than 5 metres or more than 10 metres below the basket, or if there is no basket, below the lowest part of the balloon or kite;
(b) on the mooring cable, at intervals of not more than 300 metres measured from the group of lights referred to in subparagraph (a) of this paragraph, groups of two lights of the colour and power and in the relative positions specified in that subparagraph and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base;
(c) on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measures at least 25 metres; one side of the triangle shall be approximately at right angles to the horizontal projections of the cable and shall be delimited by two red lights; the third light shall be a green light so placed that the triangle encloses the object on the surface to which the balloon or kite is moored.
(2) A captive balloon while flying by day at a height exceeding 60 metres (200 feet) above the surface shall have attached to its mooring cable at intervals of not more than 200 metres measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 40cm. in diameter and 2 metres in length, and marked with alternate bands of red and white, 50 cm. wide.
(3) A kite flown in the circumstances referred to in paragraph (2) of this rule shall have attached to its mooring cable either–
(a) tubular streamers as specified in paragraph (2) of this rule; or
(b) at intervals of not more than 100 metres measured from the lowest part of the kite, streamers of not less than 80 cm. long and 30 cm. wide at their widest part and marked with alternate bands of red and white, 10 cm. wide.
15. Airships
(1) Except as provided in paragraph (2) of this rule an airship while flying at night shall display the following steady lights–
(a) a white light of at least five candles showing through angles of 110℃ from dead ahead to each side in the horizontal plane;
(b) a green light of at least five candles showing to the starboard side through an angle of 110℃ from dead ahead in the horizontal plane;
(c) a red light of at least five candles showing to the port side through an angle of 110℃ from dead ahead in the horizontal plane; and
(d) a white light of at least five candles showing through angles of 70℃ from dead astern to each side in the horizontal plane.
(2) An airship while flying at night shall display, if it is not under command, or has voluntarily stopped its engines, or is being towed, the following steady lights–
(a) the white lights referred to in subparagraphs (a) and (d) of paragraph (1) of this rule;
(b) two red lights, each of at least five candles and showing in all directions, suspended below the control car so that one is at least twelve feet above the other and at least twenty-five feet below the control car; and
(c) if the airship is making way, but not otherwise, the green and red lights referred to in subparagraph (b) and (c) of paragraph (1) of this rule:
Provided that an airship, while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in paragraph (1) of this rule.
3. An airship, while moored within Tanzania by night, shall display the following lights–
(a) when moored to a mooring mast, at or near the rear a white light of at least five candles showing in all directions;
(b) when moored otherwise than to a mooring mast–
(i) a white light of at least five candles showing through angles of 110℃ from dead ahead to each side in the horizontal plane;
(ii) a white light of at least five candles showing through angles of 70℃ from dead astern to each side in the horizontal plane.
4. An airship, while flying by day, if it is not under command or has voluntarily stopped its engines, or is being towed, shall display two black balls suspended below the control car so that one is at least twelve feet above the other and at least twenty-five feet below the control car.
5. For the purpose of this rule–
(a) an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by or under these Rules;
(b) an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.
SECTION IV – GENERAL FLIGHT RULES
16. Weather Reports and Forecasts
(1) Immediately before an aircraft flies the commander of the aircraft shall examine the current reports and forecast of the weather conditions on the proposed flight path, being reports and forecasts which it is reasonably practicable for him to obtain in order to determine whether Instrument Meteorological Conditions prevail or are likely to prevail during any part of the flight.
2. An aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the commander of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than eight kilometres (5 miles) or the cloud ceiling is less than 1,500 feet, unless the commander of the aircraft has obtained from an air traffic control unit at the aerodrome permission to enter the aerodrome traffic zone.
17. Rules for Avoiding Aerial Collision
(1)(a) Notwithstanding that the flight is being made with Air Traffic Control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.
(b) No aircraft shall be flown in such proximity to other aircraft as to create a danger of collision.
(c) No aircraft shall fly in formation unless the commanders of the aircraft have agreed to do so.
(d) An aircraft which is obliged by these Rules 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 shall be considered to be a single aircraft under the command of the commander of the towing aeroplane.
Converging
(2)(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) aeroplane 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 subparagraph, 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.
Approaching Head-on
(3) When two aircrafts approach head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.
Overtaking
(4) 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:
Provided that a glider overtaking another glider in Tanzania may alter its course to the right or to the left.
Landing
(5) 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.
Two or More Aircraft Landing
(6) In the case of two or more aeroplanes or gliders 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 on final approach to land or overtake that aircraft:
Provided that:
(a) when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and
(b) when the commander 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.
18. Acrobatic manoeuvres
An aircraft shall not carry out any acrobatic manoeuvre within controlled airspace except with the consent of the appropriate air traffic control unit.
19. Right-hand Traffic Rule
An aircraft which is flying within Tanzania in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on its left.
20. Flight Plan
Irrespective of the Flight Rules under which an aircraft is to be flown, before an aircraft takes off from any aerodrome which is manned by the Directorate of Civil Aviation, the commander of the aircraft shall cause a flight plan to be submitted thereto in respect of any flight which he intends to make outside the circuit of that aerodrome:
Provided that where a Through Flight Control unit may, in its discretion, exempt the commander of an aircraft from the requirements of this paragraph, in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing.
21. Report of Arrival
(1) In respect of any flight for which a flight plan has been submitted, the commander of an aircraft shall, upon landing, take all reasonable steps, including giving advice as to the time and aerodrome of departure, to ensure that a report of the arrival of the aircraft reaches the air traffic control unit serving the aerodrome of departure.
(2) Paragraph (1) of this rule shall be complied with if–
(a) where there is an air traffic control unit at the aerodrome of arrival, the commander of an aircraft advises the unit of his arrival and the time and aerodrome of his departure;
(b) where there is no air traffic control unit at the aerodrome of arrival, the commander of an aircraft advises the Reporting Officer if such a person has been notified for that aerodrome, of his arrival and the time and aerodrome of his departure.
(3) Notwithstanding the provisions of paragraph (1) of this Rule and in the event that the aerodrome of arrival shall be within Tanzania, where the Commander of an aircraft has entered "Sartime" on the flight plan submitted prior to his departure he shall–
(i) upon arrival, advise an air traffic control unit or Reporting Officer of his arrival and time and aerodrome of departure; or
(ii) at or before the time specified in the "Sartime" entry, advise an air traffic control unit or Reporting Officer of his whereabouts and the time and aerodrome of his departure; or
(iii) where there is no air traffic control unit at the aerodrome of arrival and provided he receives an acknowledgement, report his landing or imminent landing by radio telephone to an air traffic control unit.
(4) The Commander of an aircraft who has caused notice of its intended arrival at any aerodrome to be given to the air traffic control unit or other authority at that aerodrome shall ensure that the air traffic control unit or other authority of that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of 30 minutes or more.
22. Flight in Notified Airspace
In relation to flights in Visual Meteorological Conditions in controlled airspace notified for the purposes of this Rule, the Commander of an aircraft shall comply with Rules numbers 20, 27, 28 and 29 of these Rules as if the flights were IFR flights:
Provided that the Commander of the aircraft shall not elect to continue the flight in compliance with the Visual Flight Rules for the purposes of paragraph (3) of rule 27.
23. Choice of VFR or IFR
Subject to the provisions of rule 22 of these Rules an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules:
Provided that–
(a) in Tanzania an aircraft flying at night shall be flown in accordance with the Instrument Flight Rules, or, in a controlled zone, in accordance with the Instrument Flight Rules or the provisions of the proviso to paragraph (b) of rule 24 of these Rules; and
(b) irrespective of meteorological conditions, the commander of an aircraft shall within all airspace within the Flight Information Region above flight level 150 and within airways irrespective of flight level, fly in accordance with instrument Flight Rules.
SECTION V – VISUAL FLIGHT RULES
24. (1) The Visual Flight Rules shall be as follows–
Flight outside Controlled Airspace
(a) An Aircraft flying outside controlled airspace shall remain at least one mile horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometres (5 miles):
Provided that below 1,000 feet above ground or water this paragraph shall be deemed to be complied with if the aircraft is flown clear of cloud and in sight of the surface in a flight visibility of not less than 1.5 kilometres (1 mile).
Flight within controlled Airspace
(b) An Aircraft flying within controlled airspace shall remain at least 1 mile horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometres (5 miles):
Provided that, in a control zone, in the case of a special VRF flight, the aircraft shall remain clear of cloud and in sight of the ground or water and shall be flown in accordance with any instruction given by the appropriate air traffic control unit; and for the purposes of this Rule Special VFR Flight means a flight in Instrument Meteorological Conditions or at night which is not an IFR Flight and which is made with the permission of the appropriate air traffic control unit.
(2) The Director-General may vary all or any of the distances mentioned in subparagraph (a) or (b) of paragraph (1) of this rule.
SECTION VI – INSTRUMENT FLIGHT RULES
25. The Instrument Flight Rules shall be as follows–
(a) outside Controlled Airspace: In relation to flights outside controlled airspace rules 26 and 27 shall apply;
(b) within Controlled Airspace: In relation to flights within controlled airspace rules 20, 26, 27, 28 and 29 shall apply.
26. Minimum Height
Without prejudice to rule 5 of these Rules, in order to comply with the Instrument Flight Rules, an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacles within a distance of five nautical miles of the aircraft unless otherwise authorised by the Director-General or unless it is necessary to do so in order to take off or land.
27. Semi-circular Rule
(1) In order to comply with the Instrument Flight Rules an aircraft, when in level flight at or above 1,000 feet over land or water outside controlled airspace, shall be flown at a level appropriate to its magnetic track, in accordance with the appropriate table set forth in this rule. The level of flights shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Tanzania, otherwise published by the competent authority, in relation to the area over which the aircraft is flying.
| Magnetic Track | Cruising level |
(a) Below 29,000 feet 000℃–179℃ inclusive ... | odd thousands of feet |
180℃-359℃ inclusive ... ... | even thousands of feet |
(b) 29,000 feet and above 100℃-179℃ inclusive | 29,000 feet or highest at intervals of 4,000 feet |
180℃-359℃ inclusive ... ... | 31,000 feet or highest at intervals of 4,000 feet |
(2) In order to comply with the Instrument Flight Rules, before an aircraft either takes off from a point within any controlled airspace or enters any controlled airspace or other circumstances prescribed for this purpose, the commander or the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an Air Traffic Control clearance based on such flight plan.
(3) A flight plan shall contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an Air Traffic Control clearance or for search and rescue purposes.
(4) The Commander of the aircraft shall fly in conformity with the Air Traffic Control clearance issued for the flight as amended by any further instructions given by an air traffic control unit, and with the holding and instrument approach procedures, notified in relation to the aerodrome of destination, unless–
(a) he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace; and
(b) he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his flight plan:
Provided that if an emergency arises which requires an immediate deviation from an Air Traffic Control clearance, the commander or the aircraft shall, as soon as possible, inform the appropriate air traffic control unit of the deviation.
5. The commander of the aircraft, after it has flown in controlled airspace, shall, unless he has requested the appropriate air traffic control unit to cancel his flight plan, forthwith inform that unit when the aircraft lands within or leaves the controlled airspace.
28. Position Reports
In order to comply with the Instrument Flight Rules the Commander of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air traffic control unit the time and the position and altitude of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.
29. Communication Failure
In order to comply with the Instrument Flight Rules the Commander of an aircraft flying in controlled airspace who is unable to establish or maintain two-way communication with the appropriate air traffic control unit shall abide with the radio communication failure procedure notified by the Director-General as applicable to the airspace the aircraft is in for the time being.
SECTION VII – AERODROME TRAFFIC RULES
30. Application of Aerodrome Traffic Rules Visual Signals
The rules in this section of these Rules which are expressed to apply to aeroplane shall also be observed, so far as is practicable, in relation to all other aircraft.
31. Commander of Aeroplane to Observe Visual Signals
The Commander of an aeroplane in the traffic zone of an aerodrome shall observe such visual signals as may be displayed at, or directed to him from, the aerodrome by the authority of the Director-General, or if no representative of the Director-General is present at the aerodrome, by the authority of the person in charge of the aerodrome, and shall obey any instructions which may be given to him by means of such signals:
Provided that he shall not be required to obey the signals referred to in rule 44 of these Rules (Marshalling Signals) if in his opinion it is inadvisable to do so in the interests of safety.
32. Access to and Movement on the Manoeuvring Area
(1) No person or vehicle shall go on to the manoeuvring area of an aerodrome without the permission of the Director-General or, if no representative of the Director-General is present at the aerodrome, the person in charge of the aerodrome, and except in accordance with any conditions subject to which that permission may have been granted.
(2) A vehicle shall not move off the manoeuvring area of an aerodrome having an air traffic control 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 purpose of this rule may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of vehicle.
33. Right of Way on the Ground
(1) This rule shall apply to–
(a) aeroplanes; and
(b) vehicles,
on the manoeuvring area of a land aerodrome.
(2) Notwithstanding any Air Traffic Control clearance it shall remain the duty of the Commander 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) Aeroplanes and vehicles shall give way to aircraft which are taking off or landing;
(b) vehicles, and aeroplanes 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) of this rule and of paragraph (3)(b) of rule 35 of these Rules, in case of danger of collision between two aeroplane–
(a) when two aeroplanes are approaching head-on or approximately so, each shall alter its course to the right;
(b) when the two aeroplanes 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) an aeroplane which is being overtaken shall have the right-of-way and the overtaking aeroplane shall keep out of the way of the other aeroplane by altering its course to the left until that other aeroplane has been passed and is clear, notwithstanding any change in the relative positions of the two aeroplanes.
5. Subject to the provisions of paragraph (3)(b) of this rule 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.
34. Dropping of Tow Ropes, etc.
Tow ropes, banners or similar articles towed by an aircraft shall not be dropped from aircraft except at an aerodrome and–
(a) in accordance with arrangements made with an air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or
(b) in the area designated by the markings described in paragraph (6) of rule 41[sic] of these Rules,
and the ropes, banners or similar articles shall be dropped when the aircraft is flying in the direction appropriate for landing.
35. Aerodrome not Having Air Traffic Control Units
(1) No aircraft shall fly within a zone which the Commander knows or ought reasonably to know to be the aerodrome traffic zone of aerodrome which does not have an air traffic control unit, except for the purpose of taking off and landing or observing the signals in the signals area with a view to landing. An aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 500 feet above the level of the aerodrome.
(2) The commander of an aircraft flying in such a zone or moving on such an aerodrome shall–
(a) cause a continuous watch to be maintained on the appropriate frequency notified and shall broadcast hourly all intentions on such a frequency;
(b) conform to the pattern of traffic formed by another aircraft, or keep clear of the airspace in which the pattern is formed;
(c) make all turns to the left unless ground signals otherwise indicate; and
(d) 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.
(3)(a) An aeroplane or glider shall not land on a runway at such an aerodrome unless the runway is clear of the aircraft.
(b) Where take-offs and landings are not confined to a runway–
(i) an aeroplane or glider when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take off; if such an aeroplane or glider is obliged to turn, it shall turn to the left after the commander of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and
(ii) an aeroplane about to take off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking off or is about to take off.
(4) An aeroplane after landing shall move clear of the landing area in use as soon as it is possible to do so.
36. Aerodrome Having Air Traffic Control Units
(1) An aircraft shall not fly within a zone which the Commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome having an air traffic control unit except for the purpose of observing the signals in the signals area with a view to landing, unless he has the permission of the appropriate air traffic control unit.
2. The Commander of an aircraft flying in the aerodrome traffic zone of an aerodrome having an air traffic control unit or moving on the manoeuvring area of such an aerodrome shall–
(a) cause a continuous watch to be maintained on the appropriate radio frequency notified for Air Traffic Control communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means;
(b) not taxi, take off or land except with the permission of the Air Traffic control unit; and
(c) comply with the provisions of rule 36 of these Rules as if the aerodrome did not have an air traffic control unit, unless he has permission of the air traffic control unit at the aerodrome, or has been instructed by such unit to do otherwise.
37. Without prejudice to the provisions of rules 20, 21, and 27 of these Rules, the commander of an aircraft shall, immediately upon arrival at, or prior to departure from, an aerodrome within Tanzania having an air traffic control unit, ensure that such unit is informed of the flight which he has just made or which he is about to undertake.
SECTION VIII – AERODROME SIGNALS AND MARKINGS; VISUAL AND AURAL SIGNALS
38. General
(1) Whenever any signal specified in this section of these Rules is given or displayed, or whenever any marking so specified is displayed by any person in an aircraft, or at an aerodrome or at any other place which is being used by aircraft for landing or take-off, it shall when given or displayed in Tanzania have the meaning assigned to it in this section.
(2) All dimensions specified in this section of these Rules shall be subject to a tolerance of 10 percent, plus or minus.
39. Signals in the Signals Area
(1) When any signal specified in the following paragraph of this Rule is displayed it shall be in a signals area, which shall be a square visible in all directions bordered by a white strip 30 centimetres wide, the internal sides measuring 12 metres.
(2) A white landing "T" as illustrated in this paragraph:
Fig. 1
signifies that aeroplanes and gliders taking off or landing shall do so in a direction parallel with the shaft of the "T" and towards the cross arm, unless otherwise authorised by the appropriate air traffic control unit.
(3) A white dumb-bell, as illustrated in this paragraph:
signifies that movements of aeroplane and gliders on the ground shall be confined to paved, metalled or similar hard surfaces.
(4) A white dumb-bell as described in (3) above but with a black stripe two feet wide across each disc at right angles in the shaft of the dumb-bell as illustrated in this paragraph:
signifies that aeroplane and gliders taking off or landing shall do so on a runway but that movement on the ground is not confined to paved, metalled or similar hard surfaces.
(5) A red and yellow striped arrow, as illustrated in this paragraph:
the shaft of which is at least one metre wide placed along the whole or not less than a total of 11 metres of two adjacent sides of the signals area and pointing in a clockwise direction signifies that a right hand circuit is in force.
(6) A red panel 3 metres square with a yellow strip along one diagonal at least 50 centimetres wide, as illustrated in this paragraph:
signifies that the state of the manoeuvring area is poor and pilots must exercise special care when landing.
(7) A red panel 3 metres square with a yellow strip, at least 50 centimeters wide, along each diagonal, as illustrated in this paragraph:
signifies that the aerodrome is unsafe for the movement of aircraft and that landing on the aerodrome is prohibited.
(8) A white letter H, as illustrated in this paragraph:
Fig. 7
signifies that helicopters shall take off and land only within the area designated by the marking specified in paragraph (5) of rule 41 [sic] of these Rules.
(9) A red letter L displayed on the dumb-bell specified in paragraphs (3) and (4) of this rule, as illustrated in this paragraph:
signifies that light aircraft are permitted to take off and land either on a runway or on the area designated by the marking in paragraph (6) of rule 41 [sic] of these Rules.
(10) A white double cross, as illustrated in this paragraph:
Fig. 9
signifies that glider flying is in progress.
40. Markings for Paved Runways and Taxiways
Two or more yellow or white crosses, as illustrated in this paragraph:
displayed horizontally on runway or taxiway, signify that the section of the runway or taxiway marked by them is unfit for the movement of aircraft.
41. Markings on Unpaved Manoeuvring Areas
(1) A white double cross as illustrated in this paragraph:
Fig. 11
indicates an area which shall be used only for the taking off and landing of gliders.
(2) A white landing T as specified in rule 39(2) of these Rules placed at the left-hand side of the runway when viewed from the direction of landing indicates the runway to be used, and at an aerodrome with no runway it indicates the direction for the take-off and landing.
42. (1) A black letter C against a yellow back ground as illustrated in this paragraph:
indicates the position at which a pilot can report to the air traffic control unit or to the person in charge of the aerodrome.
(2) A rectangular green flag of not less than 60 centimetres square flown from a mast indicates that a right hand circuit is in force.
43. Light and Signals for Control of Aerodrome Traffic
Each signal described in the first column of Table A, when directed from an aerodrome to an aircraft or to a vehicle, or from an aircraft, shall have the meanings respectively appearing in the second, third and fourth column of that Table opposite the description of the signal.
TABLE A
FROM AN AERODROME
|
|||
|
|
| |
FROM AN AIRCRAFT
Acknowledgement by an Aircraft
| |
44. Marshalling Signals
Marshalling signals shall be provided for the guidance of aircraft manoeuvring on the ground. By day any such signals shall be given by hand or by circular bats and by night by torches or illuminated wands.
45. Marshalling Signals (from a Pilot of an Aircraft to the Marshaller)
The following signals made by a pilot in an aircraft to a marshaller on the ground shall respectively have the following meanings–
Description of Signal | Meaning of Signal |
(a) Raise arm and hand with fingers extended horizontal in front of face, then clench fist. |
|
(b) Raise arm with fist clenched horizontally in front of face, then extend fingers. |
|
(c) Arms extended, palms facing outwards, move hands inwards to cross in front of face. |
|
(d) Hands crossed in front of face, palms facing outwards, move arms outwards. |
|
(e) Raise the number of fingers on the hand indicating the number of the engine to be started. For this purpose the aircraft engines shall be numbered in relation to the marshaller facing the aircraft, from his right to his left. For example, Number 1 engine shall be the port outer engine, number 2 engine shall be the port inner engine, number 3 engine shall be the starboard inner engine and number 4 engine shall be the starboard outer engine. |
|
46. Distress Urgency and Safety Signals
(1) The following signals, given either together or separately before sending of a message, signify that an aircraft is threatened by grave and imminent danger and requests immediate assistance–
(a) By radiotelephony.
(b) Visual signalling–
(i) the signal SOS (...---...);
(ii) a succession of pyrotechnic lights fired at short intervals each showing a single red light;
(iii) a parachute flare showing a red light.
(c) By sound signalling other than radiotelephony–
(i) the signal SOS (...---...);
(ii) a continuous sounding with any sound apparatus.
(2) The following signals, given either together or separately before the sending of a message, signify that the commander of the aircraft wishes to give notice of difficulties which compel it to land but that he does not require immediate assistance:
(a) a succession of white pyrotechnic lights;
(b) the repeated switching on and off of the aircraft landing lights;
(c) the repeated switching on and off of its navigation lights in such a manner as to be clearly distinguishable from the flashing navigation lights described in Rule II of these Rules.
(3) The following signals, given either together or separately, indicate that the commander of the aircraft has an urgent message to transmit concerning the safety of a ship, vehicle or other property or persons on board or within sight of the aircraft from which the signal is given–
(a) By radiotelephony:
The spoken word "PAN".
(b) By visual signalling:
The signal XXX (-..--..--..-).
(c) By sound-signalling other than radiotelephony:
The signal XXX (-..--..--..-).
47. Warning Signals to Aircraft in Flight
By day and by night in Tanzania a series of projectiles discharged at intervals of ten seconds, each showing, on bursting, red and green lights or stars, shall indicate to an aircraft that it is flying in the vicinity of restricted, prohibited or danger area and that the aircraft is to take such remedial action as may be necessary.
SECTION IX – GROUND LIGHTING
48. Minimum Ground Lighting
(1) The person in charge of any area to which this rule applies shall cause the lighting specified in rules 49 to 54 inclusive of these rules to be in operation whenever an aeroplane or glider, flying for the purpose of the public transport of passengers, is taking off or landing at that area by night and during such period before or after the take-off or landing as may be necessary to ensure the safety of the aircraft:
Provided that, if the area is intended for use only by helicopters, there may be in operation such other lighting as will enable the pilot of a helicopter in flight–
(a) to identify the area;
(b) to determine the landing direction; and
(c) to make a safe approach and landing.
(2) The requirements of paragraph (1) of this rule shall be deemed not to have been contravened if neither the person in charge of the area nor any civil person acting under the instructions knew or ought reasonably to have known that the aircraft was about to take off or land.
(3) This rule shall apply to any place, whether or not an aerodrome, intended to be used for the taking off, landing or aircraft of the manoeuvring of aircraft on the ground but shall not apply to any Government aerodrome or to any aerodrome licensed for use by night, the lighting for which shall be as directed or approved by the Director-General.
49. Obstruction Lights
(1) The lighting required by rule 48 of these Rules shall include the lighting of all obstructions within the area in accordance with the provisions of this Rule.
(2) For the purpose of this rule any object, whether permanent or temporary, shall be deemed to be an obstruction if it is likely to endanger aircraft and if it is situated–
(a) on that part of the manoeuvring area which is intended for use at night; or
(b) within any other area as determined by the Director-General of Civil Aviation.
(3) Nothing in this rule shall be taken to require the lighting of–
(a) any aircraft displaying navigation lights in accordance with Section III of other Rules;
(b) any obstruction or part of an obstruction which, by reason of the lighting of other obstructions, is not likely to endanger aircraft in flight.
THIRTEENTH SCHEDULE
PENALTIES
(Regulation 79)
Part A – Provisions referred to in paragraph (5) of regulation 79
Regulation 3
Regulation 5
Paragraph (5) of Regulation 9
Regulation 14
Paragraph (3) of Regulation 15
Regulation 21
Regulation 23
Paragraph (5) of Regulation 27
Regulation 34 (except paragraph (2))
Paragraph (1) of Regulation 45
Paragraph (1) of Regulation 46
Regulation 50
Regulation 55
Regulation 68
Regulation 76
Part B – Provisions referred to in paragraph (6) of Regulation 79
Regulation 6
Regulation 7
Paragraph (1) of Regulation 9
Regulation 10 (except paragraph (5))
Regulation 12
Regulation 13
Regulation 14 (except paragraph (3))
Regulation 17
Regulation 18
Regulation 22
Regulation 24
Regulation 26
Regulation 27 (except paragraph (5))
Regulations 28 to 33 inclusive
Paragraph (3) of Regulation 34
Regulations 36 to 44 inclusive
Paragraph (2) of Regulation 45
Paragraph (2) of Regulation 46
Regulation 47
Regulation 48
Regulations 50 to 52 inclusive
Regulation 57 (except paragraph (3))
Regulation 58 (except paragraph (4))
Regulation 60
Regulation 62
Regulation 63
Regulation 64
Paragraph (3) of Regulation 66
Regulation 70
Paragraph (1) of Regulation 71
Regulation 72
Regulation 77
G.N. No. 171 of 1983
1. Citation
These Regulations may be cited as the Civil Aviation (Investigation of Accidents) Regulations.
2. Interpretation and application
(1) In these Regulations, except where the context otherwise requires–
"accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:
(a) a person is fatally or seriously injured as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, except when the injuries are from natural causes, are self-inflicted or inflicted by another person or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or
(b) the aircraft incurs damage or structural failure which adversely effects the structural strength, performance or flight characteristics of the aircraft and which would normally require major repair or replacement of the affected component; or
(c) the aircraft is missing or is completely inaccessible;
"Accredited Representative" means a person designated by a State on the basis of his qualification, for the purpose of participating in an investigation conducted by another State;
"Chief Inspector" means the Chief Inspector of Accidents;
"incident" means an occurrence, other than an accident associated with the operation of an aircraft which affects or could affect the safety of operation;
"Inspector" means an Inspector of Accidents;
"operator" means any person, organisation or enterprise engaged in or offering to engage in aircraft operation;
"owner" means where an aircraft is registered, the registered owner and where the aircraft is not registered, the legal owner; and
"substantial damage" includes any damage which necessitates the replacement or extensive repair of any major component.
(2) These Regulations shall apply to accidents arising out of or in the course of air navigation which occur to any civil aircraft in or over Tanzania or elsewhere to aircraft registered in Tanzania.
3. Notification of accidents
(1) An accident shall be notified in accordance with the provisions of regulation 4 between the time when any person boards an aircraft with the intention of flight and such time as all persons have disembarked therefrom–
(a) any person suffers death or serious injury while on or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or
(b) the aircraft receives substantial damage.
(2) Notwithstanding subregulation (i)(d) aircraft operators are required to notify the Chief Inspector of Accidents of any aircraft incidents the occurrence of which could be prevented through publication to other operators.
4. Requirements as to notification
(1) Where an accident occurs of which notification is required to be given under regulation 3, the person in command of the aircraft involved, at the time of the accident, or if he be killed or incapacitated, then the owner, operator, hirer, or other person on whose behalf he was in command of the aircraft, as the case may be, shall forthwith send notice to the Minister by the quickest means of communication available, and in the case of an accident occurring in or over Tanzania, 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) shall state as far as possible–
(a) the type, model, nationality and registration marks of the aircraft;
(b) the name of the owner, operator and hirer, if any, of the aircraft;
(c) the name of the person in command of the aircraft;
(d) Greenwich Mean Time of the accident;
(e) the last point of departure and point of intended landing;
(f) the position of the aircraft with reference to some easily defined geographical point and latitude and longitude;
(g) the number of persons (if any)–
(i) killed; or
(ii) seriously injured,
as a result of the accident;
(h) the nature of the accident and the extent of damage to the aircraft so far as is known.
(3) Where an accident occurs in or over Tanzania to an aircraft registered in any State other than Tanzania, the Minister shall, with the least possible delay and by the quickest means of communication available, forward a copy of the notice referred to in subregulation (1) of this regulation to the appropriate authority of the State of Registry of such aircraft; and the Minister shall, as soon as practicable, inform such authority as to whether, and if so, the extent to which, an investigation will be carried out or an inquiry held.
(4) Where an accident occurs whether in or over Tanzania or elsewhere, the owner, operator, or hirer of the aircraft shall, if so required by notice in writing from the Minister, send to the Minister within such time as may be specified in the notice such information with respect thereto and in such form as the Minister may require.
5. Removal of damaged aircraft
(1) Where an accident occurs in or over Tanzania of which notification is required to be given under regulation 3, no person other than an authorised person shall have access to the aircraft involved in the accident and the aircraft shall not, except under the authority of the Minister, be moved or otherwise interfered with:
Provided that–
(a) the aircraft may be removed or interfered with so far as may be necessary for the purpose of extracting persons or animals involved, removing any mail 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;
(b) goods or passengers' baggage may be removed from the aircraft under the supervision of a police officer, but if the aircraft has come from a place outside Tanzania, shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of the Commissioner of Customs and Excise;
(c) if an aircraft is wrecked on the water, the aircraft or any contents thereof may be removed to such extent as be may necessary for bringing it or them to a place of safety.
(2) In subregulation (1) the expression "authorised person" means any person authorised by the Minister either generally or specially to have access to any aircraft which has been involved in an accident and includes any police officer or any officer of the Customs and Excise Department.
(3) Where an accident occurs in or over Tanzania and the Minister is of the opinion that the aircraft involved in the accident is likely to be a danger or obstruction to the public or to air navigation or to other transport, he may order the owner of such aircraft to remove it to such place as the Minister shall indicate, or, in the absence of the owner or in the event of his non-compliance with such order, the Minister shall be empowered to remove the aircraft himself and in either case, the expense incurred in removing such aircraft shall fall upon and be recoverable from the owner of such aircraft and the Minister shall not be liable for any damage occurring to such aircraft during its removal in accordance with the provisions of this paragraph.
6. Investigation by Inspector
(1) For the purpose of carrying out investigations into the causes and circumstances of accidents to which these Regulations apply, the Minister may appoint persons to be Inspectors of Accidents, including a Chief Inspector and a Deputy Chief Inspector of Accidents.
(2) The Chief Inspector, if he thinks fit, may himself carry out an investigation or cause an investigation to be carried out by an Inspector of any accident to which these Regulations apply, whether or not such accident is one whereof notification is required to be given under regulation 3.
(3) Public notice that such investigation is taking place shall be given in such manner as the Minister may think fit and shall state that any person who may desire to make representations concerning the circumstances or causes of the accident may do so in writing within a time to be specified in the notice.
7. Procedure on investigation
(1) This regulation shall apply to investigation by the Inspector.
(2) The Inspector by whom the investigation is made 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;
(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 the accident and the place where the accident occurred, and for that purpose to require any such aircraft or any part or equipment thereof to be preserved unaltered pending examination;
(d) to examine, remove, test, take measures for the preservation of, or otherwise deal with, the aircraft or any part thereof or anything contained therein;
(e) to enter and inspect any place or building the entry or inspection whereof appears to the Inspector to be necessary for the purpose of the investigation;
(f) to take measures for the preservation of evidence.
(3) The investigation shall be held in camera.
(4) 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 call evidence and examine witnesses.
(5) Where it appears to the Inspector that any degree of responsibility for the accident may be attributed to any person and if it appears to the Inspector to be practicable, that person, or, if he is deceased, his legal personal representative, shall be given notice that blame may be attributed to him and he shall be permitted to make a statement or give evidence and to produce witnesses and to examine any witnesses from whose evidence it appears that he may be blameworthy.
(6) The Attorney-General may intervene at any stage of an investigation in order to make representations or to examine witnesses if it appears to him expedient in the public interest.
(7) Every person summoned by the Inspector as a witness in accordance with this regulation shall be allowed expenses as the Minister may from time to time determine and such expenses shall be paid by the Minister from such funds as may be approved for that purpose.
8. Report of Inspector
(1) Upon the completion of investigation under regulation 6, the Inspector who has carried out the investigation shall make a report to the Minister.
(2) The Inspector shall in such report state–
(a) the circumstances of the case and his conclusions as to the accident, adding any observations and recommendations which he thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future;
(b) the extent to which effect has been given to regulation 7(5).
(3) The Minister may cause the whole or any part of such report to be made public in such manner as he thinks fit.
9. Public inquiries
(1) Where it appears to the Minister that it is expedient to hold a public inquiry into the causes and circumstances of an accident to which these Regulations apply, he may direct that a public inquiry be held by such person as he may appoint for that purpose; and in any such case any investigation being carried out by an Inspector relating to the accident shall be discontinued.
(2) The person appointed under the provisions of paragraph (1) to hold a public inquiry (hereinafter called "the Court") shall be either a person who holds or has held judicial office in Tanzania or an advocate of not less than ten years' standing entitled to practise before any of the courts of Tanzania, and the Court shall be assisted by one or more Assessors possessing aeronautical, engineering or other special skill or knowledge (one of whom may be an Inspector), to be appointed by the Minister.
(3) Where the Minister has directed a public inquiry to be held, the case shall be remitted to the Attorney-General, and thereafter the preparation and presentation of the case shall be conducted by or under the direction of the Attorney-General and the Chief Inspector shall render such assistance to the Court and to the Attorney-General as is in his power and for that purpose shall have the powers conferred by regulation 7(2) on the Inspector with respect to investigations carried out by an Inspector.
(4) Every public inquiry held under these Regulations shall be conducted in such a manner that, if a charge is made against any person, that person shall have an opportunity of making a defence.
(5) When a public inquiry has been ordered, the Attorney-General may cause a notice (in these Regulations to be referred to as a "notice of inquiry") to be served upon the owner, operator, hirer, and person in command of any aircraft involved in the accident as well as upon any person who in his opinion ought to be served with such notice; and such notice shall contain a statement of the questions which on the information then in the possession of the 1 Attorney-General may, at any time before the hearing of the inquiry, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of inquiry.
(6) The Attorney-General, the owner, the operator, the hirer, the person in command of the aircraft, and any other person upon whom a notice of inquiry has been served, shall be deemed to be parties to the proceedings.
(7) Any other person may by leave of the Court appear; and any person who so appears shall thereupon become a party to the proceedings.
(8) The Court shall have, for the purposes of the inquiry, all the powers of a subordinate court presided over by a Resident or District magistrate, and without prejudice to those powers, the Court may–
(a) enter and inspect or authorise any person to enter and inspect, any place or building within Tanzania the entry or inspection whereof appears to the Court necessary for the purposes of the inquiry;
(b) by summons require the attendance as witnesses of all such persons within Tanzania as the Court thinks fit to call and examine, and require such persons to answer any questions or furnish any information or produce any books, papers, documents and articles which the Court may think relevant;
(c) administer an oath to any such witness, or require any witness to make and sign a declaration of the truth of the statements made by him in his examination,
and the Assessors shall have the same power of entry and inspection as the Court.
(9) Affidavits and statutory declarations may, by permission of the Court and saving all just exceptions, be used as evidence at the hearing.
(10) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties upon whom a notice of inquiry has been served, or any of them, are present or not.
(11) The Court shall hold the inquiry in public save to the extent to which the Court is of opinion that in the interest of justice or in the public interest any part of the evidence, or any argument relating thereto, shall be heard in camera.
(12) The proceedings of the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney-General and–
(a) these witnesses, after being examined on behalf of the Attorney-General, may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney-General;
(b) questions asked and documents tendered as evidence in the course of the examination of these witnesses shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from the questions specified in, the notice of inquiry or subsequent notices referred to in subregulation (5).
(13) When the examination of the witnesses produced on behalf of the Attorney-General has been cancelled, the Attorney-General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired; and in framing the questions for the opinion of the Court, the Attorney-General shall make such modifications in, additions to, or omissions from, the questions in the notice of inquiry or subsequent notices referred to in subregulation (5) as, having regard to the evidence which has been given, the Attorney-General or the Court may think fit.
(14) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the proceedings and determine the questions so stated, and–
(a) each party to the proceedings shall be entitled to address the Court and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence;
(b) the parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the Court shall direct;
(c) further witnesses may also be produced and examined on behalf of the Attorney-General and may be cross-examined on behalf of the Attorney-General.
(15) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desires may address the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney-General.
(16) The Court may adjourn the inquiry from time to time and from place to place within Tanzania, and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment.
(17) The Court shall make a report to the Minister stating fully its opinion in respect of the questions stated under subregulation (13), the circumstances of the case, and the opinion of the Court touching the causes of the accident, and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any licence, certificate or other documents.
(18) Each Assessor shall either sign the report, with or within reservations, or state in writing his dissent and his reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Minister with the report; and the Minister shall, unless there are good reasons to the contrary, cause any such report and reservations or dissent and reasons (if any) to be made public wholly or in part in such a manner as he thinks fit.
(19) Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before the High Court and in the case of dispute as to the amount to be allowed the matter shall be referred by the court to the registrar of the High Court who on request signed by the Court shall ascertain and certify the proper amount of the expenses:
Provided that, in the case of any party to the proceedings or of any person in the employment of that party, any expenses may be disallowed if the Court in its discretion so directs.
(20) The Court may order the costs and expenses of the inquiry, or any party to be paid by any part, if it finds that the accident was due to the act of default or negligence of that party or of any person in the employment of that party; and any such order shall, on the application of any person entitled to the benefit, be enforced by a subordinate court as if the costs and expenses were a penalty imposed by the Court, but, subject to any such order, such costs and expenses shall be paid by the Minister from such funds as may be approved for the purpose.
(21) Any notice, summons or other document issued under this regulation may be served by sending it by registered post to the last known address of the person to be served.
(22) The service of any notice, summons or other document may be proved by the oath or affidavit or the person by whom it was served.
10. Rehearing of public inquiries
(1) The Minister may, in any case where a public inquiry has been held, direct a rehearing of the inquiry either generally or as to any part and shall do so–
(a) if new and important evidence which could not be produced at the inquiry has been discovered; or
(b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.
(2) If the Minister directs any inquiry to be reheard, he may order that the inquiry shall be reheard either by the Court by whom the inquiry was heard in the first instance or by some other person or persons appointed by him to hold the rehearing.
(3) Any rehearing shall be subject to and conducted in accordance with the provisions of these Regulations relating to the holding of public inquiries.
11. Representation of State by registry of aircraft
(1) Where an investigation carried out by the Inspector or a public inquiry relates to an accident which has occurred in or over Tanzania to an aircraft registered in any State other than Tanzania, an accredited representative of the State in which the aircraft is registered, or of any State 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; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the State by which he is appointed.
(2) Where an accident has occurred in or over Tanzania to an aircraft registered in any State other than Tanzania, the Minister may authorise an investigator appointed by a duly competent authority of that other State to make inquiries, and in that event the Minister shall, so far as he is able, facilitate inquiries by the investigator so appointed.
12. Offences
(1) Any person who–
(a) obstructs or impedes the Court, an Inspector or an Assessor, or any person acting under the authority of the Minister in the exercise of any powers or duties under these Regulations; or
(b) without reasonable excuse (the proof whereof shall lie on him) fail, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the Court holding a public inquiry or the Inspector carrying out an investigation under these Regulations,
commits an offence and on conviction is liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two months.
(2) Any person who contravenes any of the provisions of regulations 3, 4 and 5 commits an offence and on conviction is liable to a fine not exceeding eight thousand shillings or to a term of imprisonment not exceeding six months.
13. Savings
Nothing in these Regulations shall limit the powers of cancelling, suspending or endorsing any licence, certificate or other document, under the Act or subsidiary legislation made thereunder.
[14th July, 1985]
G.Ns. Nos.
461 of 1986
624 of 1987
1. Citation
These Regulations may be cited as the Civil Aviation (Charges for Air Navigation Services) Regulations.
2. Interpretation
In these Regulations, except where the context otherwise requires–
"Flight Information Region" means the area allocated to the jurisdiction of the Dar es Salaam Flight Information Centre by the International Civil Aviation Organisation;
"journey in the Flight Information Region" means–
(a) where an aircraft in the course of a flight originating at a place outside the Flight Information Region enters the airspace over the Flight Information Region without landing within the Flight Information Region, the journey from the time it enters such airspace to the time it leaves it; or
(b) where an aircraft in the course of a flight originating at a place outside the Flight Information Region and terminating at a place outside the Flight Information Region enters the airspace over the Flight Information Region and lands, whether on one or more occasions, in the Flight Information Region in the course of such flight, the journey from the time it enters such airspace to the time it leaves it; or
(c) where an aircraft in the course of a flight originating at a place inside the Flight Information Region and terminating at a place outside the Flight Information Region leaves the airspace over the Flight Information Region whether there are intermediate landings, the journey from the time it leaves the place of departure and the Flight Information Region to the time when it leaves such airspace; or
(d) where an aircraft makes one of a series of flights originating at a place inside the Flight Information Region and terminating at the same or any other place inside the Flight Information Region within a period of 24 hours commencing at midnight G.M.T. on one day and terminating at midnight G.M.T. on the following day, whether or not in the course of such flight or flights it leaves and re-enters the airspace over the Flight Information Region, the journey from the time it leaves the first place of departure to the time it arrives at the terminal place;
"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 in accordance with the Certificate of Airworthiness of the aircraft;
"owner" means the person in whose name the aircraft is registered and includes any person who is or has been acting as agent in Tanzania for a foreign owner, and where the aircraft is operated for hire or reward by some persons other than the registered owner, that person who operates the aircraft.
3. Charges to be paid
(1) There shall be paid to the Tanzania Government by the owner of an aircraft making a journey in the Flight Information Region charges provided for in these Regulations in respect of air navigation services provided by the Directorate of Civil Aviation.
(2) Subject to paragraph (4) charges shall be paid in respect of such journey in the Flight Information Region of an aircraft at the rates specified in the Schedule to these Regulations.
(3) The Director-General shall send to the owner of aircraft, other than an owner who has elected to pay the normal charges, commuted charges to be paid and be reduced as follows–
(a) when the application is made during the month of April, May or June, the charges shall be reduced by one-quarter of their amount;
(b) when the application is made during the month of July, August or September, the charges shall be reduced by one-half of their amount; and
(c) when the application is made during the month of October, November, or December, the charge shall be reduced by three-quarters of their amount.
4. Recovery of charges
(1) Any charge to be paid under these Regulations shall constitute a debt to the Tanzania Government and may be recovered by legal proceedings brought by the Director-General of Civil Aviation in that name and the officer holding such appointment may for the purpose of such proceedings be described by that name.
(2) An entry in the aircraft movements log-books at the Flight Information Centre at Dar es Salaam shall be prima facie proof that the particular aircraft was within the airspace of the Flight Information Region at the time recorded in the log-book.
(3) A certificate issued by the Director-General of the maximum total weight authorised and the maximum permitted member of passengers of an aircraft shall in respect of Tanzanian aircraft be prima facie proof.
5. Detention of aircraft
(1) Notwithstanding that a statement may not have been sent to the owner under paragraph (3) of regulation 3, it shall be lawful for the Director-General or any person authorised by him in writing in that regard, to detain any aircraft the owner of which has refused or neglected to pay charges payable by him under these Regulations.
(2) Any aircraft which has been detained under paragraph (1) shall be released upon payment in full of the charges owing by the owner.
(3) The Director-General and any person authorised by him under paragraph (1) shall not be liable to any suit or other proceedings on account of any act performed by him under paragraph (1).
6. Exemption from liability for charges
(1) If prior notice is given to the Director-General by or on behalf of the owner of an aircraft, that a journey in the Flight Information Region is to be made for the purpose of testing the aircraft, the owner of the aircraft shall be exempted from liability to pay a charge under these Regulations in respect of that journey.
(2) The Director-General may in writing exempt from liability to pay charges under these Regulations owners of aircraft making journeys for any of the following purposes–
(a) The search for, or relief or rescue of persons in distress;
(b) the transport of refugees sponsored by the United Nations Organisation;
(c) the transport of foreign diplomatic missions,
and such other purposes as the Director-General may approve.
7. Refunds of commuted charges
(1) The Director-General may in accordance with paragraph (2) grant a refund of any commuted charge paid in respect of an aircraft, where such aircraft is sold or otherwise disposed of by the owner, or becomes unserviceable during the year in respect of which the commuted charge was paid.
(2) The amount of any refund made under paragraph (1) shall be calculated to the nearest shilling at the rate of one-fifteenth part of the commuted charge for each completed month remaining in the year in respect of which the charge was made at the date of the sale, disposal or unserviceability of the aircraft.
SCHEDULE
NAVIGATION CHARGES PER JOURNEY
[Charges omitted: Subject to variation. Items for which charges may be levied are listed below.]
Aircraft Weight | Foreign Aircraft | Local Aircraft |
|
Normal | Commuted |
||
(i) Single Engine | |||
(ii) Light Multi-Engines Up to 5,670 kg (12,500 lbs) | |||
(iii) Medium Multi-Engines, 5,671-22,680 kg (12,501-50,000 lbs) | |||
(iv) Light/Heavy Multi-Engines 22681-90718 kg (50,001-200,000 lbs) | |||
(v) Heavy Multi-Engines 90,719-181,437 kg | |||
(vi) Wide Body Multi-Engines in excess of 181,437 kg |
ARRANGEMENT OF REGULATIONS
Regulations
Title
PART I
PRELIMINARY PROVISIONS
1. Title.
2. Interpretation.
PART II
LICENSING OF INTERNAL AIR SERVICES
3. Internal air services to be licensed.
4. Conditions attached to licences for internal air services.
5. Application for licence.
6. Publication of application for licences.
7. Objection to licences.
8. Sanction of the licensing authority.
9. Grant and duration of licences.
10. Matters to be taken into account.
11. Reasons for decision.
12. Revocation or suspension of a licence.
13. Publication of decision.
PART III
LICENSING OF INTERNATIONAL AIR SERVICES
14. Scheduled international air services.
15. International airline licence.
16. Suspension, amendment or cancellation of International airline licence.
17. Operating authorization.
18. Non-scheduled flights.
19. Non-scheduled flights by foreign aircraft not possessing nationality of a contracting state.
PART IV
GENERAL PROVISIONS RELATING TO LICENCES
20. Provisional licences.
21. Amendment of licences.
22. Form of licences.
23. Conditions attached to all licences.
24. Transfer of licences.
25. Confidential information.
26. Licence includes provisional licence.
27. No continuing benefits.
28. Licence holder's aircraft to carry mail.
29. Returns.
30. Production of licence.
31. Surrender and cancellation of licences.
32. Loss or destruction of licences.
33. Change of name and/or address of licensee.
34. Records.
35. Publication of notices, etc.
36. Application and licence fees.
PART V
APPEALS FROM DECISIONS OF LICENSING AUTHORITY
37. Establishment of Appeal Tribunal.
38. Appeals to Appeal Tribunal.
39. Procedure on appeals.
40. Sitting of Appeal Tribunal
41. Hearing of appeals.
42. Determination of appeals by Appeal Tribunal and Minister.
42A. Appeal against decision of the Minister.
PART VI
OFFENCES AND PENALTIES
43. Illegal use of aircraft.
44. Evidence and proof.
45. False information.
46. Contravention of Regulations or conditions of licence.
47. Appointment and powers of enforcement officers.
48. Procedure on detention or recall of aircraft.
SCHEDULES
THE TANZANIA LICENSING OF AIR SERVICES REGULATIONS
(Section 10)
[14th July, 1985]
G.Ns. Nos.
463 of 1986
134 of 1999
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Title
These Regulations may be cited as the Tanzania Licensing of Air Services Regulations.
2. Interpretation
In these Regulations, except where the context otherwise requires–
"airline" means an air transport enterprise offering or operating an air service;
"air service" means any service performed by an aircraft for hire or reward;
"Appeal Tribunal" means the Appeal Tribunal established under regulation 37;
"contracting state" means a state, other than the United Republic, that is a party to the Chicago Convention;
"Director-General" means the Director-General of Civil Aviation;
"enforcement officer" means any person appointed as an enforcement officer under regulation 47;
"foreign aircraft" means an aircraft registered elsewhere than in the United Republic;
"licence" means an air service licence granted under the provisions of these Regulations;
"licensing authority" means the Tanzania Civil Aviation Authority, which in respect of short-term or provisional licences for air services within the United Republic and short-term licences for non-scheduled air services between the United Republic and any other state, may authorise any officer in its Secretariat to perform its functions on its behalf;
"Minister" means the Minister for the time being responsible for matters relating to civil aviation;
"provisional licence" means a licence granted under regulation 20;
"scheduled air service" means one of a series of services which are operated between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them;
"short-term licence" means a licence in force for a period not exceeding seven days.
PART II
LICENSING OF INTERNAL AIR SERVICES (regs 3-13)
3. Internal air services to be licensed
No person shall use an aircraft within the United Republic for the provision of any air service except under and in accordance with the terms of a licence granted by the licensing authority under these Regulations to that person.
4. Conditions attached to licences for internal air services
(1) The licensing authority may attach to a licence any condition which it considers desirable in the public interest, in the interest of safety, or in order to prevent uneconomic competition; and without prejudice to the generality of the foregoing, may impose a condition–
(a) that the aircraft to be operated under the licence shall or shall not be used over specified routes or in specified areas;
(b) that certain classes or descriptions of passengers or goods shall or shall not be carried;
(c) that passengers or goods shall be carried between specified places;
(d) that intermediate landings may or shall be made at specified places for the purpose of landing or loading passengers or goods;
(e) that the schedule of air services from time to time approved by the licensing authority shall be observed;
(f) as to the number and type of aircraft to be used;
(g) limiting the loading of an aircraft over the whole or any portion of the route on which it is to be operated;
(h) specifying any charges that may be made for the air services;
(i) as to the wages, conditions and hours of employment of any person employed in connexion with the air service.
(2) It shall be a condition of every licence that the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall refuse booking facilities to any other holder of a licence or shall grant such facilities to such other holder only on onerous terms.
5. Application for licence
(1) Every application for a licence shall be made to the licensing authority on a form to be obtained from it on demand and shall contain the particulars set out in Schedule A to these Regulations.
(2) Every application for a licence shall be signed by the person applying for the licence and if made by any corporate body or partnership firm shall be signed by a person duly authorized in that behalf by such body, or a partner of the partnership firm, as the case may be.
(3) Every application for a licence, other than a licence to remain in force for a period not exceeding seven days, shall be sent to the licensing authority so as to reach it on a date not less than twenty-eight days, and for a licence to remain in force for a period not exceeding seven days, on a date not less than fourteen days before the date on which it is desired that the licence shall take effect:
Provided that the licensing authority may, in its discretion, accept and deal with any application for a licence received by it after the specified date.
(4) Where an application is made to the licensing authority for a licence to remain in force for a period not exceeding seven days, and the licensing authority is satisfied that it is in the public interest that the application should be determined with expedition, it may so determine the application and grant a licence accordingly; and the provisions of these Regulations as to the publication of particulars of applications, and making of objections and representations, shall not in that case apply.
(5) A copy of every application shall be available for inspection at the office of the licensing authority until the application has been determined but in no case shall any information contained in such application as to the financial resources of the applicant be available for such inspection.
6. Publication of application for licence
The licensing authority shall, within fourteen days after the receipt of an application for a licence other than an application for a short-term licence referred to in paragraph (4) of regulation 5 cause to be published in the manner prescribed in regulation 35, a notice containing the particulars of the application specified in Schedule B to these Regulations and specified a date, not less than twenty-eight days after the publication of the notice, by which any representations or objections with regard to the application must be made to the licensing authority.
7. Objection to licences
Every representation or objection with regard to an application for a licence shall be in writing, shall state the specific grounds on which it is based, shall specify any conditions which it may be desired should be attached to the licence if granted and shall be signed by the representor or objector. If the representation or objection is made by any corporate body or partnership firm, it shall be signed by a person duly authorized in that behalf by such body, or a partner of the partnership firm as the case may be. A copy of every such representation or objection shall be sent by the person making the same to the applicant for the licence at the same time as it is sent to the licensing authority.
8. Sanction of the licensing authority
Subject to the provisions of paragraph (4) of regulation 5 every application for a licence or a variation of a licence and every representation and objection thereto made in accordance with the provisions of regulation 7 shall, at a time and place to be notified thereby, be considered by the licensing authority which shall, at the request of the applicant or of the representor or objector, examine such application, representation or objection in public.
9. Grant and duration of licences
The licensing authority may grant licences in accordance with the provisions of these Regulations and such licences shall, subject to the provisions of regulations 12 and 31, continue in force for such period, not exceeding two years in the case of an initial issue of a licence or five years in the case of a subsequent licence from the date on which the licence is expressed to take effect, as may be specified by the licensing authority:
Provided that if, on the date of the expiration of a licence, an application has been made for the grant of a new licence in substitution for the existing licence held by the applicant, such existing licence shall continue in force until such application has been determined.
10. Matters to be taken into account
In exercising its discretion under regulation 9 of these Regulations, the licensing authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities. In particular and without prejudice to the generality of the foregoing, the licensing authority shall have regard to the following matters–
(a) the existence of other air services in the area through which the proposed air service is to be operated;
(b) the possibility of air transport in that area;
(c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators;
(d) the period for which such services have been operated by the applicant or by other operators;
(e) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;
(f) the financial resources of the applicant;
(g) the type of aircraft proposed to be used on the service;
(h) the competence of the applicant, 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 application on flights of the description and for the purposes so specified, and the licensing authority shall also take into consideration any objections or representations duly made in accordance with the provisions of regulation 7.
11. Reasons for decision
In any case in which the licensing authority refuses to grant or amend a licence, or grant or amends a licence which differs from the licence or amendment for which application has been made, or imposes conditions to which the applicant objects or grants a licence despite an objection, the Licensing Authority shall, if required by the applicant or objector to do, state in writing the reasons for its for decision upon the payment of an appropriate fee by the applicant or objector.
12. Revocation or suspension of a licence
(1) A licence may be revoked or suspended by the licensing authority on the ground that–
(a) the licence holder has been convicted of an offence against regulation 45 and 46 in respect of his licence; or
(b) any condition, subject to which the licence was granted, has not been observed; or
(c) the licence holder's financial resources have ceased to be adequate or that he is no longer competent to secure the safe conduct of his aircraft:
Provided that, before revoking or suspending any licence the licensing authority shall give 28 days' notice in writing to the holder thereof stating the grounds upon which it is proposed to revoke or suspend the licence; and the licensing authority shall not revoke or suspend the licence unless satisfied that, having regard to the facts constituting the offence against regulation 45 or regulation 46, or owing to the frequency of the failures on the part of the holder to comply with conditions or to the failure having been wilful, or to the failure being a failure to comply with the conditions attaching to every licence by virtue of paragraph (2) of regulation 4 and regulation 23, the licence should be revoked or suspended.
(2) In any case where a licence is revoked or suspended the licensing authority shall, if required by the holder of licence to do so, state in writing the reasons for its decision.
13. Publication of decision
Particulars of the decisions of the licensing authority–
(a) on application for licences; and
(b) to revoke or suspend a licence,
shall be published by the licensing authority in the manner prescribed in regulation 35 and such particulars shall be those set out in Schedule C or Schedule D to these Regulations as the case may require.
PART III
LICENSING OF INTERNATIONAL AIR SERVICES (regs 14-19)
14. Scheduled international air services
(1) An airline whose principal place of business is in a state other than the United Republic shall not operate a scheduled air service to, from or across the United Republic unless there is in force an operating authorization for that air service issued by the licensing authority in accordance with paragraph (1) of regulation 17.
(2) An airline whose principal place of business is within the United Republic shall not operate a scheduled air service between the United Republic and any state unless the licensing authority has designated in writing that airline as being the airline authorized to operate that service in accordance with the provisions of an air service agreement or arrangement in force between the United Republic and the state concerned, and the airline has in addition been issued with an international airline licence in accordance with regulation 15.
15. International airline licence
(1) An application for an international airline licence shall contain the particulars set out in paragraph (1) of Schedule A to these Regulations and shall be accompanied by an appropriate application fee.
(2) An applicant for an international airline licence shall, soon as practicable, furnish the Director-General with a copy of the Operations Manual containing complete instructions as to the conduct of flight operations in respect of licence is sought.
(3) If the licensing authority is satisfied that the applicant for an international airline licence conforms to and complies with the terms and conditions of the relevant agreement or arrangement referred to in regulation 14(2) and the Director-General has advised the licensing authority that he has approved the Operations Manual referred to in subregulation (2) of this regulation, the licensing authority shall on payment by the applicant of an appropriate fee forthwith issue such applicant with an international airline licence in such form as the licensing authority determines.
16. Suspension, amendment or cancellation of international airline licence
The licensing authority may amend, suspend or revoke an international airline licence if–
(a) the holder thereof or any aircraft operated by him fails to comply with any provision of these Regulations, the Tanzania Air Navigation Regulations, or the terms of such licence; or
(b) the airline fails to conform to or comply with any term or condition of the relevant agreement referred to in regulation 14.
17. Operating authorization
(1) The licensing authority shall on request, issue to an airline referred to in paragraph (1) of regulation 14 an operating authorization in the event that–
(a) there is in force between United Republic and the state in which the airline has its principal place of business, an air service agreement or arrangement under and in accordance with which scheduled air services may be operated to from or across the United Republic; and
(b) the airline has been designated in accordance with the provisions of the relevant agreement or arrangement; and
(c) the licensing authority is satisfied that the airline conforms to and complies with the terms and conditions of the relevant agreement or arrangement.
(2) An operating authorization shall remain valid only while the relevant agreement or arrangement remains in force and the licensing authority may amend, suspend or revoke the operating authorization only in accordance with the terms and conditions of that agreement or arrangement.
18. Non-scheduled flights
(1) An aircraft which possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of any law of the United Republic, fly in transit non-stop across the United Republic and land in the United Republic, for non-traffic purposes, in the course of a non-scheduled flight without the necessity of obtaining a licence:
Provided that the licensing authority may refuse to grant any of the rights specified in this paragraph.
(2) Where an aircraft which possesses the nationality of a Contracting State makes a non-scheduled flight into the United Republic it shall not take on or discharge passengers, cargo or mail in the United Republic (being passengers, cargo or mail that has been, or is to be carried for reward) except in accordance with a licence issued under the provisions of these Regulations.
(3) An airline whose principal place of business is within the United Republic shall not operate any non-scheduled air service between the United Republic and any other state except under and in accordance with the terms of a licence granted by the licensing authority to that airline.
(4) The licensing authority shall cause to be published in an aeronautcal information publication or aeronautical information circular or notice to airmen the procedure to be followed and the particulars to be supplied by applicants for a licence referred to in paragraph (2) of this regulation.
(5) In considering an application for a licence referred to in paragraph (2) of this regulation and in paragraph (1) of regulation 19 the licensing authority shall have regard to–
(a) the public interest;
(b) the need to provide reasonable protection for the operators of scheduled air services between the United Republic and other states so as to ensure the maintenance of regular air services for the carriage of passengers, cargo and mail between the United Republic and other states; and
(c) any resolution or decision of the International Civil Aviation Organization or of the International Air Transport Association that has been approved by the licensing authority and is relevant to the matter.
(6) The licensing authority in granting a licence referred to in paragraph (2) or (3) of this regulation may attach such conditions thereto as it sees fit.
(7) Notwithstanding anything in the provisions of this regulation, where it appears to the Director-General that an aircraft which possesses the nationality of a Contracting State is intended in the course of a non-scheduled flight over the United Republic, to proceed over regions which are without adequate air navigation facilities, the Director-General may, if he considers it necessary in the interest of safety, direct that the aircraft follow an established air route or that the flight shall be conducted in accordance with such conditions as he may require and the aircraft shall comply with such direction.
19. Non-scheduled flights by foreign aircraft not possessing nationality of a Contracting State
(1) A foreign aircraft which does not possess the nationality of a Contracting State shall not make a non-scheduled flight to, from or across the United Republic, except in accordance with the provisions of a licence issued in accordance with these Regulations.
(2) In granting a licence under subregulation (1) of this regulation, the licensing authority may impose such conditions and reguirements on the flight as it thinks fit including such conditions and requirements as it considers necessary to ensure compliance with the general principles contained in the Chicago Convention and the aircraft shall comply with such conditions and requirements.
PART IV
GENERAL PROVISIONS RELATING TO LICENCES (regs 20-36)
20. Provisional licences
The licensing authority may, if it thinks fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined.
21. Amendment of licences
(1) The licensing authority may, during the currency of a licence, of its own motion or on the application of the holder of the licence, amend or revoke any of the terms or conditions of the licence or add any new terms and conditions which it may consider necessary in the public interest.
(2) The licensing authority shall give to the holder of the licence and in the case of a licence issued under Part II of these Regulations to every other person who in its opinion is likely to be affected, twenty-eight days notice of its intention to exercise any power conferred on it by paragraph (1) of this regulation.
22. Form of licences
A licence and an operating authorization shall be in such form as the licensing authority considers suitable to meet the requirements of any particular application approved by the licencing authority.
23. Conditions attached to all licences
It shall be a condition of every licence that the requirements of any law relating to aviation for the time being in force in the United Republic and any air traffic control procedure for the time being in force in the United Republic shall be complied with at all times during the currency of the licence in connexion with all flights performed under the licence.
24. Transfer of licences
A licence shall not be capable of being transfered or assigned:
Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence, or of the appointment of the receiver or manager or trustee in relation to the business of the holder the person for the time being carrying on that business, shall if within fourteen days application is made for a new licence, be entitled to perform the air service authorized by the licence subject to the conditions and the obligations thereof until the application is determined. For the purpose of this regulation, transfer of a controlling interest in business is assumed to include transfer of the operating licence
25. Confidential information
Nothing in these Regulations shall require a disclosure by the applicant for a licence to any person, other than the licensing authority, of information as to his financial resources, and any such information received by the licensing authority from an applicant shall be treated as confidential.
26. Licence includes provisional licence
Any reference to a licence in regulation 3, 4, 24, 25, 29, 30, 36, 45 or 46 shall be construed as including a reference to a provisional licence.
27. No continuing benefits
Nothing in these Regulations shall be treated as conferring upon the holder of a licence or upon any other person, any right to the continuance of any benefits arising from the provision of these Regulations or from any licence granted thereunder or from any conditions attached to any such licence.
28. Licence holder's aircraft to carry mail
(1) The holder of a licence shall perform all such reasonable services as the Tanzania Posts and Telecommunications Corporation may from time to time require in regard to the conveyance of mail (and of any persons who may be in charge thereof) upon air services operated under the licence.
(2) The remuneration for any service performed in pursuance of this regulation shall be as may from time to time be determined by agreement between the Tanzania Posts and Telecommunications Corporation and the licence holder.
29. Returns
(1) The holder of a licence or operating authorization shall make a monthly return in writing to the licensing authority giving, in respect of the month to which the return relates, the particulars set out in Schedule E to these Regulations with regard to all air services authorized by the licence or operating authorisation.
(2) The return shall be made on a form to be obtained on application to the licensing authority, and shall be sent to the licensing authority not later than two months after the expiration of the month to which the return relates.
30. Production of licence
The holder of a licence shall produce such licence for examination if required to do so by the licensing authority or any person in that behalf authorized, or by any police officer of or above the rank of sub-Inspector or by any person duly authorized by the licensing authority in that behalf, but may elect whether to produce it at an aerodrome used in connexion with air service authorized by the licence or at his head office or principal place of business.
31. Surrender and cancellation of licences
(1) In the event of the holder of a licence ceasing to operate the air service authorized thereby he shall forthwith notify the licensing authority and return the licence to it for cancellation:
Provided that where, owing to death, incapacity, bankrupty, sequestration or liquidation of the holder of a licence or to the appointment of a receiver or manager or trustee in relation to the business of the holder, he ceases to operate the air service authorized by the licence, then if the business of the holder is being carried on by some other person, that person shall forthwith notify the licensing authority and, unless application has been made within fourteen days for a new licence, shall return the licence to it for cancellation.
(2) A licence may at any time be surrendered by the holder to the licensing authority for cancellation if during the currency of a licence the holder applies for a new licence in substitution for the current licence. The cancellation shall take effect on the date from which the new licence is expressed to take effect.
(3) If a licence ceases to have effect, otherwise than by the effluxion of time, or is suspended or revoked the holder thereof shall within 14 days after a notice to that effect has been delivered to him personally or sent to him by registered post at the address shown in his application or last notified in accordance with regulation 33, send or deliver the licence to the licensing authority for retention during the time of suspension or for cancellation as the case may be, and the licensing authority shall on the removal of a suspension return the licence to the holder.
32. Loss or destruction of licences
If a licence has been lost, destroyed or defaced the holder thereof shall forthwith notify the licensing authority which shall, if satisfied that it has been so lost, destroyed or defaced, issue a duplicate, so marked, and the duplicate so issued shall have the same effect as the original licence:
Provided that, in the case of a licence that has been defaced, the duplicate shall be so issued only after surrender of the original to the licensing authority.
33. Change of name and/or address of licensee
The holder of a licence shall, if he changes his name and address during the currency of the licence, notify such change to the licensing authority within 14 days after the date of such change and shall, at the same time, send or deliver the licence to the authority; and the authority shall thereupon endorse upon the licence the licence holder's new name and/or address and return the licence to him forthwith.
34. Records
(1) The licensing authority shall keep a record of all applications for licences showing whether the licence was granted or refused, and an entry shall be made in such record whenever a licence is revoked or suspended or expires by the effluxion of time. The record shall contain such particulars as will enable the application to be identified and shall show–
(a) the date from which any licence is expressed to operate;
(b) the date on which it is expressed to expire;
(c) any conditions attached to the licence under the provisions of these Regulations;
(d) in the case of a scheduled air service, the terminal places and the intermediate landing places to which the application relates;
(e) in the case of an air service other than a scheduled air service, a detailed description of the type of such air service and the area of operation.
(2) Any police officer of or above the rank of sub-Inspector and any person authorized by the licensing authority shall be entitled at any reasonable time to inspect and take copies of extracts from the record kept in accordance with paragraph (1) of this regulation.
(3) In this regulation, the term licence shall be deemed to include operating authorization.
35. Publication of notices, etc.
Wherever by these Regulations it is provided that the licensing authority shall cause to be published a notice, publication for such notice shall be made in the Official Gazette of the United Republic, and in the local press.
36. Application and licence fees
(1) There shall be paid in respect of and together with any application for a licence or a variation of licence an appropriate application fee.
(2) There shall be paid in respect of the grant or variation of any licence an appropriate fee for each year or part of a year of the term for which the licence is expressed to remain in force. For the purpose of these Regulations a year is taken to be twelve months.
(3) No refund of any fees paid in respect of an application for or grant of a licence shall be made whether on withdrawal of the application or surrender of the licence or otherwise.
PART V
APPEALS FROM DECISIONS OF LICENSING AUTHORITY (regs 37-42A)
37. Establishment of Appeal Tribunal
(1) There is established an Appeal Tribunal which shall sit as a judicial authority to determine any appeal referred to it from a person aggrieved by the space decision of the licensing authority.
(2) The Appeal Tribunal shall be composed of–
(a) a Chairman who shall be appointed by the Minister;
(b) three other members appointed by the Minister from amongst persons who have had experience of and shown capacity in the civil aviation industry.
(3) A person shall not be eligible for appointments as a Chairman of the Appeal Tribunal unless that person is a Principal Resident Magistrate or a lawyer who has worked in an office dealing in legal matters for a period of not less than five years.
(4) The Minister shall appoint a public officer to be the Secretary of the Appeal Tribunal.
(5) The Appeal Tribunal shall regulate its own procedure.
38. Appeals to Appeal Tribunal
Subject to these Regulations, any person aggrieved shall have a right of appeal on a matter of law only from the whole of any part of any decision of the licensing authority in respect of any licence or application under these Regulations:
Provided that a person who has made representations only in respect of an application shall not be considered to be a person aggrieved:
Provided further that this regulation shall not apply to licences, operating authorizations or applications made under Part III of these Regulations.
39. Procedure on appeals
(1) A notice of appeal shall be signed by or on behalf of any person aggrieved by a decision in respect of which an appeal lies under regulation 38 (herein referred to as the appellant) and shall be delivered to the Appeal Tribunal within 30 days after the publication of such decision and shall be accompanied by an appropriate fee.
(2) A copy of the notice of appeal referred to in subregulation (1) of this regulation shall be served by the appellant on the licensing authority and on each of the parties to the application; and for this purpose any person having a right to appeal against a decision may require the licensing authority to furnish the names and addresses of the other parties to the hearing of such application.
(3) The Appeal Tribunal shall cause to be served upon any appellant who has given notice in accordance with subregulation (1) of this regulation and on each of the parties referred to in subregulation (2) a notice of the date, time and place of the hearing of the appeal and such notice shall be served not less than twenty-one days before such date.
(4) For the purpose of every such appeal the licensing authority shall furnish to the Appeal Tribunal a copy of the record of proceedings including any notes of evidence taken by the licensing authority in connection with the subject matter of the appeal.
40. Sittings of Appeal Tribunal
(1) Every sitting of the Appeal Tribunal shall be held in public and at such place as the said Tribunal deems convenient:
Provided that the Appeal Tribunal may, in the course of the hearing of any particular appeal, order that the hearing or any part thereof shall be held in private.
(2) Any sitting of the Appeal Tribunal may be adjourned from time to time and from place to place.
(3) The Appeal Tribunal may make an order prohibiting the publication of any report or description of the proceedings, or any part thereof in any appeal:
Provided that no such order shall be made prohibiting the publication of the names and description of the parties to the appeal, or particulars of any licence relevant to the appeal.
(4) Subject to these Regulations, the Appeal Tribunal shall determine its own procedure.
41. Hearing of appeals
(1) Any party to an application or person who has been heard in connexion with such publication, shall have the right to be heard by the Appeal Tribunal in considering an appeal:
Provided that in any such case a party who did not exercise his right to be heard in respect of the application, shall not have the right to be heard by the Appeal Tribunal unless he has served on it; and on all other parties to such application at least ten days' notice of his wish to be heard by the Appeal Tribunal, stating his reason for wishing to be heard and has obtained the Appeal Tribunal's consent to his being so heard.
(2) Any party to an appeal may appear in person or be represented by any other person whom he may have duly authorized for that purpose.
(3) Any party to an appeal may produce to the Appeal Tribunal evidence additional to that received by the licensing authority if such a party has served the parties to the appeal within 10 days' notice of his intention so to do setting forth the substance for such new evidence, and any such party and any such new evidence shall be subject to examination before the Appeal Tribunal by any other party to the appeal:
Provided that the Appeal Tribunal shall not admit such evidence when it is shown to its satisfaction that such evidence was not available or would not have been obtained by reasonable deligence at the time of the original application made under Part II of these Regulations.
(4) The Appeal Tribunal may, if it thinks fit, require the licensing authority, to amplify or explain the reasons for any decision subject to appeal and amplification or explanation shall be in writing and shall be served on all parties to such appeal.
(5) The Tribunal may received as evidence any statement, document, information or matter that may in its opinion assist it to deal effectually with the matters before it, whether or not the same would be otherwise admissible in a court of law.
42. Determination of appeals by Appeal Tribunal and Minister
(1) On completion of the hearing of an appeal, the Appeal Tribunal shall send to the Minister a report containing a summary of the proceedings conducted by it, recommendations and the decision of the Appeal Tribunal.
(2) Where a person who is aggrieved by the decision of the Appeal Tribunal has referred an appeal to the Minister, the Minister may, on determining that appeal, confirm, modify or reverse the decision appealed against or may direct the Appeal Tribunal to hear the matter afresh or may otherwise deal with the matter in the manner directed by the Minister.
42A. Appeal against decision of the Minister
(1) Any person who is aggrieved by the decision of the Minister following an appeal referred to the Minister either by the licensing authority or by a person whose application for a grant of licence has been refused or has been dealt with in any manner prejudicial to him, may appeal to the High Court.
(2) In determining an appeal under this regulation, the High Court shall have the right to summon and hear any witness and receive evidence in the manner and to the same extent as if it were a court exercising civil jurisdiction in a civil case and the provisions of the Civil Procedure Code * relating to summoning of witnesses, the taking of testimony on oath and non-compliance with a witness summons shall apply in relation to such appeal.
PART VI
OFFENCES AND PENALTIES (regs 43-48)
43. Illegal use of aircraft
Any person who uses an aircraft in contravention of the provisions of regulations 3, 14, 18 or 19 of these Regulations shall–
(a) in the case of an aircraft on an International air service, be guilty of an offence and liable for a first offence, to a fine not exceeding ninety thousand shillings and, for a second or subsequent offence, to a fine not exceeding one hundred and twenty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years; and
(b) in the case of an aircraft on an internal air service, be guilty of an offence and shall be liable for a first offence, to a fine not exceeding forty thousand shillings and, for a second or subsequent offence, to a fine not exceeding eighty thousand shillings or, in default of payment thereof to imprisonment for a term not exceeding two years.
44. Evidence and proof
In any proceedings for an offence under the Regulations–
(a) if it is proved that passengers or cargo were carried on any aircrafts that fact shall, in the absence of proof to the contrary, be sufficient evidence that an air service was carried on by means of that aircraft;
(b) any licence may be proved by the production of a copy of the licence certified to be correct by an authorised person whose signature shall be judicially noticed.
45. False information
Any person who knowingly supplies any false or misleading information touching any matter which is material to any application or appeal to the licensing authority or to any member, servant or agent of the licensing authority, or to the Director-General shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings or in the case of a second or subsequent offence to a fine not exceeding twenty thousand shillings or in default of payment thereof to imprisonment for a term not exceeding two years.
46. Contravention of Regulations or conditions of licence
Any person who contravenes or fails to comply with any of the provisions of these Regulations or of any terms or conditions of a licence granted under the provisions of these Regulations shall be guilty of an offence and, except as otherwise provided for in these Regulations, shall be liable to a fine not exceeding one thousand shillings or, in the case of a second or subsequent offence, to a fine not exceeding twenty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years and, in the case of the holder of a licence granted under these Regulations, any penalty imposed under the provisions of this regulation shall be without prejudice to powers of revocation or suspension of such licence by the licensing authority under regulations 12 and 16.
47. Appointment and powers of enforcement officers
(1) There shall be appointed enforcement officers for the purpose of securing compliance with the provisions of these Regulations and any terms or conditions attached to a licence.
(2) An enforcement officer may at any time and on production, if required, of his authority–
(a) enter and inspect any premises of any airline on which he has reasonable cause to believe that the business of an airline is being carried on in contravention of these Regulations; and
(i) may examine and take copies of any books, accounts and documents found in those premises relating to or appearing to relate to the business of an airline;
(ii) may seize any books, accounts or documents found on those premises which he has reasonable grounds to believe contain evidence of an offence under these Regulations;
(iii) may question who appears to him to be engaged in, or carrying on, or employed in, the business of an airline on those premises on any matter concerning the application of or compliance with these Regulations or any terms or conditions attached to a a licence;
(b) board or detain an aircraft or recall an aircraft already in flight and search such aircraft if he has reasonable grounds to suspect that the aircraft is being used in contravention of these Regulations or that it contains any matter which may be used as evidence in respect of an offence under these Regulations;
(c) require, by notice in writing, any person who appears to him to be engaged in or carrying on the business of an airline, to produce to him at such time and place as he may specify in the notice any books, accounts and documents relating to the business of an airline:
Provided that for the purpose of regulation 47(2)(a) and (h) of these Regulations any travel agent and/or tour operator dealing in tickets for air travel shall be construed as constituting an airline.
48. Procedure on detention or recall of aircraft
Where an enforcement officer detains an aircraft or recalls an aircraft already in flight he shall, unless he is of the opinion that, due to the nature of the offence, the aircraft is likely to be allowed to proceed on its flight within a period not exceeding three hours, immediately report such detention or recall to the Authority:
Provided that under no circumstances whatsoever shall an enforcement officer detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorised under this regulation.
(2) On receipt of a report under this regulation the Authority may, pending further investigation, order the detention of the aircraft for such longer period as it may specify or allow the aircraft to proceed on its flight whether or not an offence has been committed in respect thereof.
(3) The Authority may, in writing, delegate to any person any of its powers under subregulations (1) and (2) of this regulation.
SCHEDULE A
PARTICULAR TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE
1. Scheduled Air Services:
(i) Name and address of applicant.
(ii) Names of places between which the air service is to be operated.
(iii) Names of the regular stage stopping places for the purpose of taking on or setting down passengers or goods.
(iv) Times and frequencies of air service.
(v) Number and type or types of aircraft to be used.
(vi) Type of load to be carried.
(vii) Maximum and minimum fares to be charged to passengers or for goods in respect of the total journey or any portion of the journey for which separate charges are made.
(viii) Date of commencement of air service.
(ix) Period for which licence is required.
(x) If air service is already in operation–
(a) period for which the air service has been operated;
(b) details as per monthly return for period of operation or last twelve months, whichever be the less.
(xi) List of other air services operated by the applicant at the time of application.
(xii) Particulars of any working arrangement with any other company operating an air service.
(xiii) Particulars of any financial interest which any other person providing passenger transport facilities, or controlling the business of any person who provides such facilities, has in the business of the applicant.
(xiv) Particulars of any financial interest which the applicant has in any other undertaking providing passenger transport facilities or controlling the business of any person who provides such facilities.
(xv) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability. If a company, public or private–
(a) the nominal and issued capital;
(b) the names and nationality of the directors;
(c) the names and state of incorporation of any other companies holding shares in the applicant's business;
(d) the names and state of incorporation of any subsidiary companies of the applicant.
(xvi) Such particulars of the accounts of the applicant's business during the last twelve months as the licensing authority shall require.
2. Charter and Aerial Work, other than Scheduled Air Services and Flying Instruction:
(i) Name and address of applicant.
(ii) Numbers and types of aircraft and engines to be used.
(iii) Types of work to be carried out; the areas in which it is proposed to operate; each type of service; and place at which each type of service is to be based.
(v) Maximum charges to be made for such type of work.
(v) Date of commencement of air service.
(vi) Period for which licence is required.
(vii) If air service is already in operation–
(a) the period for which the air service has been operated;
(b) details as per monthly return for period of operation or last twelve months, whichever be the less.
(viii) List of other air service operated by applicant at the time of application.
(ix) Particulars of working arrangements with other air service companies.
(x) Particulars of any financial interest which any other person providing instructional facilities, or controlling the business of any person who provides such facilities, has in the business of the applicant.
(xi) Particulars of any financial interest which the applicant has in any undertaking providing instructional facilities or controlling the business of any person who provides such facilities.
(xii) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability. If company, public or private–
(a) the nominal and issued capital;
(b) the names and nationality of the directors;
(c) the names and state of incorporation of any other companies holding shares in the applicant's business;
(d) the names and state of incorporation of any subsidiary companies of the applicant.
(xiii) Such particulars of the accounts of the applicant's business during the last twelve months as the licensing authority shall require.
3. Flying Instruction:
(i) The name and address of applicant.
(ii) The numbers and types of aircraft and engines to be used.
(iii) The types of instruction to be carried out; places where it is proposed to operate; and place at which the service is to be based.
(iv) Maximum charges to be made for each type of instruction.
(v) Date of commencement of air service.
(vi) Period for which licence is required.
(vii) If air service is already in operation–
(a) period for which air service has been operated;
(b) details as per monthly return for period of operation or last twelve months, whichever be the less.
(viii) List of other air services operated by the applicant at the time of application.
(ix) Particulars of working arrangements with other air service companies.
(x) Particulars of any financial interest which any other person providing instructional facilities, or controlling the business of any person who provides such facilities, has in the business of the applicant.
(xi) Particulars of any financial interest which the applicant has in any other undertaking providing instructional facilities or controlling the business of any person who provides such facilities.
(xii) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability. If a company, public or private–
(a) the nominal and issued capital;
(b) the names and nationality of the directors;
(c) the names and state of incorporation of any other companies holding shares in the applicant's business;
(d) the names and state of incorporation of any subsidiary companies of the applicant.
(xiii) Such particulars of the accounts of the applicant's business during the last twelve months as the licensing authority shall require.
SCHEDULE B
PARTICULARS OF APPLICATION TO BE PUBLISHED
(Regulation 16)
(i) The name and address of applicant.
(ii) If for scheduled air service–
(a) places between which the air service is to be operated;
(b) names of the regular stage stopping places for the purpose of taking or setting down passengers or goods;
(c) times and frequency of air service;
(d) type of load to be carried;
(e) date for air service to commence;
(f) period for which the licence is required.
(iii) If for charter and aerial work, other than scheduled air service and instruction–
(a) types of work to be carried out and the areas in which it is proposed to operate each type of service;
(b) date for air service to commence;
(c) period for which licence is required.
SCHEDULE C
PARTICULARS
(Regulation 13)
(i) The name and address of applicant.
(ii) The name and date of official Gazette of the United Republic in which notice of the application was published.
(iii) Such particulars as will enable the application to be identified.
(iv) An indication whether the licence was granted as applied for, granted with modifications (the modifications to be stated), or refused.
SCHEDULE D
PARTICULARS
(Regulation 13)
(i) The name and address of applicant.
(ii) Such information as will enable the licence to be identified, and in the case of a scheduled air service, the places and regular stage stopping places to be stated.
(iii) The date from which revocation or suspension takes effect and, in the case of suspension, the period of the suspension.
(iv) The grounds on which the licence has been revoked or suspended.
SCHEDULE E
PARTICULARS TO BE GIVEN BY HOLDERS OF LICENCES
AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS
(EXCEPT WHERE OTHERWISE SPECIFIED)
(Regulation 29)
PASSENGERS SHOULD BE STATED IN NUMBERS, DISTANCES IN STATUTORY MILES OF 1,760 YARDS AND GOODS AND MAIL IN KILOGRAMS
1. Scheduled Air Services:
(A) A list of the service numbers of all flights operated giving the names of the places between which services are operated, the names of the regular staging points on the route, the type of aircraft used and the number of flights operated by each type.
(B) Copy of the current timetable.
(C) For services operated under an International Airline Licence or an Operating Authorization for each service number–
(i) Total passengers, goods and mail, terminating and in transit, arriving in the United Republic by point of discharge within the United Republic (showing in addition the point of uplift of passengers outside the United Republic for each point of discharge).
(ii) Total passengers, goods and mail, originating and in transit, departing from the United Republic by point of uplift within the United Republic (showing in addition the point of discharge of passengers outside the United Republic for each point of uplift).
(iii) In transit passengers at each staging point in the United Republic on international services not included above, i. e. those whose airports' uplift and discharge are both within the United Republic.
(iv) Total number of passenger seats offered and the number filled, on flights arriving in and/or departing from the United Republic.
(v) Total capacity of commercial cargo offered and the weight carried on flights arriving in and/or departing from the United Republic.
(vi) Total passengers, goods and mail carried only within the United Republic by points of uplift and discharge separately for traffic between each airport in each direction.
(D) For services operated under an International Airline Licence and on sectors not wholly within the United Republic–
(i) For each staging point outside the United Republic the passengers, goods and mail uplifted, each by points of discharge; and the passengers, goods and mail in transit.
(ii) For each sector–
(a) the total passenger-miles offered, and carried; and
(b) the total commercial cargo load-miles offered, and carried.
(E) For services operated under a local licence the following shall be submitted for each period of four weeks commercing 1st January each year, and in addition for each 13-week period throughout the year; the four complete 13-week periods in the year shall, however, be extended to include 31st December; or for such periods as shall be determined from time to time–
(i) By service number–
(a) the total passenger-miles offered and carried;
(b) the total load-miles offered and carried.
(ii) The passengers , goods and mail carried in each direction, between all combinations of staging points.
2. Charter, Aerial Work and Non–Scheduled Flights:
(i) Numbers and type or types of airfcraft and engines operated during the month, actual dates of any changes made, to be given.
(ii) Average daily service ability of aircraft complete.
(iii) Total number of miles flown on each class of work.
(iv) Total number of flights made on each class of work.
(v) Passenger miles and total number of passengers carried.
(vi) Ton–miles and total weight of goods carried.
(vii) Number of flights commenced but not completed, giving cause.
(viii) Total number of requests for air service made.
(ix) Total number of requests for air service made which were not accepted giving reasons.
(x) Number of pilots, navigators, radio operators, flight engineers, stewards photographers; and
(xi) Copy of current schedule of charges for air service.
3. Flying Instructions:
(i) The number and types of aircraft and engines operated during the month, the actual dates of any changes made, to be given.
(ii) The average daily serviceability of aircraft complete.
(iii) The total number of hours flown: (i) dual instruction; (ii) solo; and the total number of hours of non-flying instruction, per type of instruction.
(iv) The total number of flights made: (i) dual instruction; (ii) solo.
(v) The number of instructors employed and their salaries by grade.
(vi) A copy of the current schedule for instructional charges.
(vii) The total number of pupils under instruction, according to the class of pilot licence for which instruction is being given.
(viii) The total number of pilot licences, per class, gained during the month.
(ix) The total number of pilot licences, per class, held by pupils or members of the club.
(x) The total number of pupils or members.
SCHEDULE F
PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE TO OPERATE AN INTERNATIONAL NON-SCHEDULED SERVICE
(a) Name of operator.
(b) Address of operator.
(c) Type of flight (e.g. inclusive tour).
(d) Type of aircraft.
(e) Registration marks.
(f) Date and place of origin of flight.
(g) Complete route itinerary, including dates and times (GMT).
(h) Name of Captain and number of crew.
(i) Number of passengers and/or freight details.
(j) Whether in conformity with IATA Resolution 045.
(k) Name of charterer.
(l) Address of charterer.
(m) Name of local agent, if any.
(n) Full details of passengers and/or freight to be uplifted or set down in the East African territories, and details of the cost to the charterer.
{/mprestriction}