CHAPTER 80
CIVIL AVIATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Tanzania Air Navigation Regulations

      The Civil Aviation (Investigation of Accidents) Regulations

      The Civil Aviation (Charges for Air Navigation Services) Regulations

      The Tanzania Licensing of Air Services Regulations

REGULATIONS

THE TANZANIA AIR NAVIGATION 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
   (8) The commander of the aircraft shall, if in his opinion it is necessary in the interests of the safety of the aircraft, require any or all the passengers and crew to be actually weighed for the purpose of the entry to be made in the load sheet.

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.

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.

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