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Airlaw Reviewer

The document outlines key aspects of air law, including the Chicago Convention, the establishment of ICAO, and the history of the Civil Aviation Authority of the Philippines (CAAP). It details regulations regarding pilot licensing, operational requirements, and safety protocols, including age limitations for pilots and mandatory inspections for aircraft. Additionally, it emphasizes the responsibilities of the pilot-in-command and the importance of compliance with air traffic regulations.

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0% found this document useful (0 votes)
26 views16 pages

Airlaw Reviewer

The document outlines key aspects of air law, including the Chicago Convention, the establishment of ICAO, and the history of the Civil Aviation Authority of the Philippines (CAAP). It details regulations regarding pilot licensing, operational requirements, and safety protocols, including age limitations for pilots and mandatory inspections for aircraft. Additionally, it emphasizes the responsibilities of the pilot-in-command and the importance of compliance with air traffic regulations.

Uploaded by

mdrustammoeen2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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AIR LAW REVIEWER

* CHICAGO CONVENTION
• SIGNED ON DECEMBER 7, 1944
• APPROVED ON MARCH 5, 1947
• HELD IN CHICAGO ILLINOIS
• 52 SIGNATORY STATES
– AS YEAR 2013: 191 MEMBERS

*ICAO – INTERNATIONALCIVIL AVIATION ORGANIZATION


• Established on APRIL 4, 1947
• Headquarters is located in Montreal, Quebec, Canada

*HISTORY OF CAAP
DEPARTMENT OF TRANSPORTATION AND COMMUNICATION
– AIR TRANSPORTATION OFFICE (1987)
– CIVIL AVIATION AUTHORITY OF THE PHILIPPINES (2008)
(CAAP)
December 3, 2007, Senator Edgardo J. Angara filed senate
bill number 1932, otherwise known as CIVIL AVIATION
AUTHORITY ACT OF 2007
• The bill abolishes the Air Transportation Office (ATO) and
instead creates the Civil Aviation Authority (CAA), which is
mandated to set comprehensive, clear and impartial rules of
the aviation industry.
• On March 4, 2008, Republic Act No. 9497 renamed the Air
Transportation Office the Civil Aviation Authority of the
Philippines headed by the Director General of Civil Aviation.
•THE DIRECTOR GENERAL ( DG )- Lt.Gen.William K. Hotchkiss

**CAR IS MANDATORY WHERE AS ATC IS OPTIONAL

**CAR – CIVIL AVIATION REGULATION


• Part 1: General Policies, Procedures, and Definitions
• Part 2: Personnel Licensing
• Part 3: Approved Training Organizations
• Part 4: Aircraft Registration and Markings
• Part 5: Airworthiness
• Part 6: Approved Maintenance Organizations
• Part 7: Flight and Navigational Instruments
• Part 8: Operations
• Part 9: Air Operator Certificates
• Part 10: Commercial Air Transport by Foreign Carriers
• Part 11: Aerial Work and Limitations for Non-Type Certificated Aircraft
• Part 18: Safe Transport of Dangerous Goods By Air
PCAR PART 2

* *2.3.1.5 LIMITATION OF PRIVILEGES OF PILOTS WHO HAVE ATTAINED THEIR


60THBIRTHDAY

(a) No person who holds a pilot license under this Part shall serve as pilot-in-command
on a Philippine-registered civil aircraft engaged in international commercial air
transport (defined in Part 2.1.2) in a single pilot operation if that person reached 60th
year of age.

No person who holds a pilot license issued under this Part shall serve as a pilot-incommand
on a Philippine-registered civil aircraft engaged in commercial air transport
in a multi-crew operation if that person reached 60th year of age unless the other pilot
is younger than 60 years of age.
**2.3.1.5.1 CURTAILMENT OF PRIVILEGES OF PILOTS WHO HAVE ATTAINED
THEIR 65TH BIRTHDAY

(a) No person who holds a pilot license under this Part shall serve as pilot-in-command
or as co-pilot on a Philippine-registered civil aircraft engaged in international
commercial air transport if that person has reached 65th years of age.

(b) No person who holds a pilot license under this Part shall serve as pilot-in-command
or as co-pilot on a Philippine-registered civil aircraft engaged in domestic commercial
air transport if that person has reached 67th years of age.

(c) No person under this Part shall be granted any flexibility in meeting the medical
qualifications under any circumstances or medical conditions if that person has
reached 65th years of age.

(d) Any person beyond 67 years of age who holds a pilot license and a valid medical
certificate under this Part may be allowed to fly as a pilot-in-command or co-pilot
provided the flight is not in pursuance of commercial air transport operations, singly
or collectively, and a mandatory CAAP medical examination every six (6) months is
complied with.

**2.3.1.6 RECENT EXPERIENCE REQUIREMENTS


(a) A pilot shall not operate an aircraft carrying passengers as pilot-in-command or
copilot to operate at the flight controls of a type or a variant of a type of aircraft during
take-off and landing unless that pilot has operated the flight controls during at least
three take-offs and landings within the preceding 90 days on the same type of aircraft
or in the flight simulator approved for the purpose.

(b) The holder of a license that does not include an instrument rating shall not act as PIC
of an aircraft carrying passengers at night unless he or she has carried out at least
three take-offs and three landings at night during the previous 90 days.

(c) A pilot shall not act in the capacity of a cruise relief pilot in a type or variant of a type
of aircraft unless, within the preceding 90 days that pilot has either:
(1) Operated as a PIC, CP or cruise relief pilot on the same type of aircraft; or
(2) Carried out flying skill refresher training including normal, abnormal and
emergency procedures specific to cruise flight on the same type of aircraft or in a
flight simulator approved for the purpose, and has practiced approach and
landing procedures, where the approach and landing procedure practice may be
performed as the pilot who is not flying the aircraft.

*2.3.2.1 GENERAL
(a) The holder of a pilot license shall not be permitted to act as pilot-in-command or as
copilot of an airplane or helicopter unless the holder has received Authorization as
follows:
(1) the appropriate class rating specified in this Part, or
(2) a type rating when required in accordance with this Part; and
(3) an authorization when required or permitted in accordance with this Part.

*2.3.3 PILOT LICENSES, INSTRUMENT AND INSTRUCTOR RATINGS

2.3.3.1 STUDENT PILOTS


(a) The applicant for a student pilot Authorization shall be not less than 16 years of age.
(b) The applicant can read, speak and understand English
(c) The applicant must hold a current class 2 Medical Certificate

*s2.3.3.2 PRIVATE PILOT LICENSE - AIRPLANE


(a) Age. The applicant for a PPL(A) shall be not less than 17 years of age.

(b)CLASS II MEDICAL

(c) Experience
(1) The applicant for a PPL(A) shall have completed not less than 40 hours of flight
time as pilot of airplanes, a total of 5 hours may have been completed in a flight
simulator or flight procedures trainer.

(2) The applicant shall have completed in airplanes not less than 10 hours of solo
flight time under the supervision of an authorized flight instructor, including
5hours of solo cross-country flight time with at least one cross-country flight
totaling not less than 270 km (150 nm) in the course of which full-stop landings at
two difference aerodromes shall be made.

(3) The holder of pilot licenses in other categories may be credited with 10 hours of
the total flight time as pilot-in-command towards a PPL(A).

*2.3.3.3 COMMERCIAL PILOT LICENSE - AIRPLANE


(a) Age. The applicant for a CPL (A) shall be not less than 18 years of age.
(b) CLASS I MEDICAL

(c) Experience.
(1) The applicant for a CPL(A) shall have completed not less than 200 hours of flight
time, or 150 hours if completed during an Authority-approved training course
provided for in an Approved Training Organization under Part 3, as a pilot of
airplanes, of which 10 hours may have been completed in a flight simulator or
flight procedures trainer.

(2) The applicant shall have completed in airplanes not less than:
(i) 100 hours as pilot-in-command or, in the case of a course of approved
training, 70 hours as pilot-in-command;
(ii) 20 hours of cross-country flight time as pilot-in-command including a cross
country flight totaling not less than 540 km (300 NM) in the course of which
full-stop landings at two different aerodromes shall be made:
(iii) 10 hours of instrument instruction time of which not more than 5 hours may
be instrument ground time;

(iv) if the privileges of the license are to be exercised at night, 5 hours of night
flight time including 5 take-offs and 5 landings as pilot-in-command.

*2.3.3.4 AIRLINE TRANSPORT PILOT LICENSE - AIRPLANE


(a) (a) Age. The applicant for an ATPL (A) shall be not less than 21 years of age.

PCAR PART 8

**8.3.1.4 ANNUAL/100 HOURS INSPECTIONS


(1) Within the preceding 100 hours of time in service the aircraft has received an
annual or a 100-hour inspection, and
(2) Been approved for return to service in accordance with Part 5 of these
regulations.

**(b) The 100-hour limitation may be exceeded by not more than 10 hours while en route
to reach a place where the inspection can be done. The excess time used to reach a
place where the inspection can be done must be included in computing the next 100
hours of time in service.

*8.4.1.4 LICENSES REQUIRED


(a) No person may act as PIC or in any other capacity as a required flight crew member
of a civil aircraft of:

(1) Republic of the Philippines registry, unless he or she carries in their personal
possession the appropriate and current license for that flight crew position for that
type of aircraft and a valid medical certificate.

(2) Foreign registry, unless he or she carries in their personal possession a valid and
current license for that type of aircraft issued to them by the State in which the
aircraft is registered.

*8.4.1.10 PILOT CURRENCY: IFR OPERATIONS


(a) No person may act as a pilot under IFR, nor in IMC, unless he or she has, within the
past six calendar months

(1) Logged at least six hours of instrument flight time including at least three hours in
flight in the category of aircraft: and

(2) Completed at least six instrument approaches.

8.5 CREW MEMBER DUTIES AND RESPONSIBILITIES


8.5.1.1 AUTHORITY AND RESPONSIBILITY OF THE PIC
(a) Pilot-in-command (PIC): Each operator shall designate one pilot to act as PIC for
each flight.

**c) The PIC of an aircraft shall have final authority as to the operation of the aircraft while
he or she is in command.

(d) The PIC of an aircraft shall, whether manipulating the controls or not, be responsible
for the operation of the aircraft in accordance with the rules of the air, except that the
PIC may depart from these rules in emergency circumstances that render such
departure absolutely necessary in the interests of safety.
(e) In an emergency during flight, the PIC shall ensure that all persons on board are
instructed in such emergency action as may be appropriate to the circumstances.

*8.5.1.5 PROHIBITION ON USE OF PSYCHOACTIVE SUBSTANCES, INCLUDING


NARCOTICS, DRUGS OR ALCOHOL
(a) No person may act or attempt to act as a crew member of a civil aircraft:

**(1) Within 8 hours after the consumption of any alcoholic beverage; & more than 0.04%
alcohol in blood.

(2) While under the influence of alcohol; or


(3) While using any drug that affects the person's faculties in any way contrary to
safety.

8.5.1.7 FLIGHT CREW MEMBERS AT DUTY STATIONS


(a) Each required flight crew member shall remain at the assigned duty station during
take-off and landing and critical phases of flight.
(b) Each flight crew member shall remain at his or her station during all phases of flight
unless:
(1) Absence is necessary for the performance of his or her duties in connection with
the operation;
(2) Absence is necessary for physiological needs, provided one qualified pilot
remains at the controls at all times; or
(3) The crew member is taking a rest period and a qualified relief crewmember
replaces him or her at the duty station.
(i) For the assigned PIC during the en route cruise portion of the flight by a pilot
who holds an airline transport pilot license and an appropriate type rating, and
who is currently qualified as PIC or CP, and is qualified as PIC of that aircraft
during the en route cruise portion of the flight; and
(ii) In the case of the assigned CP, by a pilot qualified to act as PIC or Co-pilot of
that aircraft during en route operations.

8.5.1.22 REPORTING OF INCIDENTS


(a) Air traffic incident report. The PIC shall submit, without delay, an air traffic incident
report whenever an aircraft in flight has been endangered by:
(1) A near collision with another aircraft or object;
(2) Faulty air traffic procedures or lack of compliance with applicable procedures by
ATC or by the flight crew: or
(3) A failure of ATC facilities.

8.5.1.23 ACCIDENT NOTIFICATION


(a) The PIC shall notify the nearest appropriate authority, by the quickest available
means, of any accident involving his or her aircraft that results in serious injury or
death of any person, or substantial damage to the aircraft or property.
(b) The PIC shall submit a report to the Authority of any accident which occurred while
he or she was responsible for the flight.

**8.5.1.25 CREW MEMBER OXYGEN: MINIMUM SUPPLY AND USE

**(e) The PIC shall ensure that all flight crew members, when engaged in performing
duties essential to the safe operation of an aircraft in flight, use breathing oxygen
continuously at cabin altitudes exceeding 10,000 ft for a period in excess of 30
minutes and whenever the cabin altitude exceeds 13,000 ft.
(f) One pilot at the controls of a pressurized aircraft in flight shall wear and use an
oxygen mask
(1) For general aviation operations, at flight levels above 350, if there is no other pilot
at their duty station: and
(2) For commercial air transport operations, at flight levels above 250, if there is no
other pilot at their duty station.

8.6.1.1 SUBMISSION OF A FLIGHT PLAN


*(b) The PIC shall submit a flight plan before departure or during flight, to the appropriate
ATC facility, unless arrangements have been made for submission of repetitive flight
plans.
(c) Unless otherwise prescribed by the appropriate ATC authority, a pilot should submit
a flight plan to the appropriate ATC facility

*(1) At least sixty (60) minutes before departure; or


(2) If submitted during flight, at a time which will ensure its receipt by the appropriate
ATC facility at least ten (10) minutes before the aircraft is estimated to reach-
(i) The intended point of entry into a control area or advisory area; or
(ii) The point of crossing an airway or advisory route.

8.6.1.5 CHANGES TO A FLIGHT PLAN


(a) When a change occurs to a flight plan submitted for an IFR flight or a VFR flight
operated as a controlled flight. The pilot shall report that change as soon as
practicable to the appropriate ATC facility.
(b) For VFR flights other than those operated as controlled flight, the PIC shall report
significant changes to a flight plan as soon as practicable to the appropriate ATC
facility.

8.6.1.6 CLOSING A FLIGHT PLAN


(a) The PIC shall make a report of arrival either in person or by radio to the appropriate
ATC facility at the earliest possible moment after landing at the destination airport,
unless ATC automatically closes a flight plan.
(b) When a flight plan has been submitted for a portion of a flight, but not the arrival at
destination, the pilot shall close that flight plan en route with the appropriate ATC
facility.
(c) When no ATC facility exists at the arrival airport, the pilot shall contact the nearest
ATC facility to close the flight plan as soon as practicable after landing and by the
quickest means available.

8.6.2.6.2 WHEN NO DESTINATION ALTERNATE AIRPORT/HELIPORT IS


REQUIRED
When no destination alternate airport/heliport is required. A flight to be conducted in
accordance with the IFR to an airport/heliport when no alternate airport/heliport is
required shall not be commenced unless:
(a) a standard instrument approach procedure prescribed for the airport/heliport of
intended landing by the jurisdictional authorities:
(1) For airplanes: Available current meteorological information indicates that the
following meteorological conditions will exist from two hours before to two hours
after the estimated time of arrival-
(i) A cloud base of at least 300 m (1,000 ft) above the minimum associated with
the instrument approach procedure; and
(ii) Visibility of at least 5.5 km or of 4 km more than the minimum associated with
the procedure.

8.6.2.9 TAKE-OFF ALTERNATE AIRPORTS/HELIPORTS: COMMERCIAL AIR


TRANSPORT OPERATIONS
a) No person may release or take-off an aircraft without a suitable take-off alternate
specified in the flight release if either the meteorological conditions at the
airport/heliport of departure are below the operator’s established airport/heliport
operating landing minima for that operation or if it would not be possible to return to
the airport/heliport of departure for other reasons
8.6.2.12 EN ROUTE ALTERNATE AIRPORTS: EDTO OPERATIONS
(b) No person shall select an aerodrome as an EDTO en-route alternate aerodrome
unless the appropriate weather reports or forecasts, or any combination thereof,
indicate that during a period commencing 1 hour before and ending 1 hour after the
expected time of arrival at the aerodrome, the weather conditions will be at or above
the planning minima prescribed in the table below, and in accordance with the
operator’s EDTO approval.

**8.6.2.14 MINIMUM FUEL AND OIL SUPPLY FOR VFR FLIGHTS


(a) For airplanes: No person may commence a flight in an airplane under VFR unless,
considering the wind and forecast weather conditions, there is enough fuel to fly to
the first point of intended landing and, assuming normal cruising speed
(1) For turbo-jet aircraft: flights during the day, for at least 30 minutes thereafter; or
(2) For Propeller-driven aircraft: flights at night, for at least 45 minutes thereafter; and
(3) For international flights, for at least an additional 15% of the total flight time
calculated for cruise flight.

8.6.2.15.1 COMMERCIAL AIR TRANSPORT: PISTON-ENGINED AIRPLANES


(1) to fly to the airport to which the flight is planned thence to the most critical (in
terms of fuel consumption) alternate airport specified in the operational and ATS
flight plans and thereafter for a period of 45 minutes; or
(2) to fly to the airport to which the flight is planned, then 15 minutes of holding at
1,500 feet, thence to the most critical (in terms of fuel consumption) alternate
airport specified in the operational and ATS flight plans and thereafter for a period
of 30 minutes holding at 1,500 feet; or
(3) to fly to the alternate airport via any predetermined point and thereafter for 45
minutes, provided that this shall not be less than the amount required to fly to the
airport to which the flight is planned and thereafter for:
(i) 45 minutes plus 15 per cent of the flight time planned to be spent at the
cruising level(s), or
(ii) two hours, whichever is less.

8.6.2.19 FLIGHT RELEASE REQUIRED: COMMERCIAL AIR TRANSPORT


(a) No person may start a flight under a flight following system without specific authority
from the person authorized by the Operator to exercise operational control over the
flight.
(b) No person may commence a passenger-carrying flight in commercial air transport for
which there is a published schedule, unless a qualified person authorized by the
Operator to perform operational control functions has issued a flight release for that
specific operation or series of operations.

8.6.2.20 OPERATIONAL FLIGHT PLAN: COMMERCIAL AIR TRANSPORT


(a) No person may commence a flight unless the operational flight plan has been signed
by the PIC.
(b) A PIC may sign the operational flight plan only when the PIC and the person
authorized by the operator to exercise operational control have determined that the
flight can be safely completed
**(d) No person may continue a flight from an intermediate airport without a new
operational flight plan if the aircraft has been on the ground more than six (6) hours.

*8.8.1.5 MINIMUM SAFE ALTITUDES: GENERAL


(a) Except when necessary for take-off or landing, no person may operate an aircraft
below the following altitudes:

(1) Anywhere. An altitude allowing, if a power unit fails, continuation of flight or an


emergency landing without undue hazard to persons or property on the surface.

(2) Over congested areas. Over any congested area of a city, town, or settlement, or
over any open-air assembly of persons, an altitude of 300 m (1000 feet) above
the highest obstacle within a horizontal radius of 600 m (2,000 feet) of the
aircraft.

(3) Over other than congested areas. An altitude of 150 m (500 feet) above the
surface, except over open water or sparsely populated areas where the aircraft
may not be operated closer than 150 m (500 feet) to any person, vessel, vehicle,
or structure.

*8.8.1.6 MINIMUM SAFE VFR ALTITUDES

(a) No person may operate an airplane during the day, under VFR, at an altitude less
than 300 m (1,000 feet) above the surface or within 1,000 feet of any mountain, hill,
or other obstruction to flight.

(b) No person may operate an airplane at night, under VFR, at an altitude less than 300
m (1,000 feet) above the highest obstacle within a horizontal distance of 8 km (5 nm)
from the centre of the intended course; or, in designated mountainous areas, less
than 600 m (2,000 feet) above the highest obstacle within a horizontal distance of 8
km (5 nm) from the centre of the intended course

8.8.1.7 INSTRUMENT APPROACH OPERATING MINIMA


*(c) No person may conduct instrument approach and landing operations below 800 m
visibility unless RVR information is provided.

*(d) Unless otherwise authorized by the Authority, no pilot operating an aircraft in a


Category II or Category III approach that provides and requires use of a DH may
continue the approach below the authorized decision height unless the following
conditions are met:
(1) The aircraft is in a position from which a descent to a landing on the intended
runway can be made at a normal rate of descent using normal maneuvers, and
where that descent rate will allow touchdown to occur within the touchdown zone
of the runway of intended landing.

(2) At least one of the following visual references for the intended runway is distinctly
visible and identifiable to the pilot:

8.8.1.12 OPERATING NEAR OTHER AIRCRAFT INCLUDING FORMATION


FLIGHTS
(a) No person may operate an aircraft so close to another aircraft as to create a collision
hazard.
(b) No person may operate an aircraft in formation flight except:
(1) By arrangement with the PIC of each aircraft in the formation,
*8.8.1.13 RIGHT-OF-WAY RULES: EXCEPT WATER OPERATIONS
(a) General.

(1) Each pilot shall maintain vigilance so as to see and avoid other aircraft; and

(2) When a rule of this subsection gives another aircraft the right-of-way, the pilot
shall give way to that aircraft and may not pass over, under, or ahead of it unless
well clear and taking into account the effect of aircraft wake turbulence.

(3) Each pilot who has the right-of-way shall maintain his or her heading and speed
but is still responsible for taking such action, including collision avoidance
maneuvers based on resolution advisories provided by ACAS equipment, as will
best avert collision.
(b) In distress. An aircraft in distress has the right-of-way over all other air traffic.
(c) Converging.
(1) When aircraft of the same category are converging at approximately the same
altitude (except head-on, or nearly so), the aircraft to the other's right has the
right-of-way.

(2) If the converging aircraft are of different categories-


(i) A balloon has the right-of-way over any other category of aircraft;
(ii) A glider has the right-of-way over an airship, and power driven heavier than
air aircraft; and
(iii) An airship has the right-of-way over a power driven heavier than air aircraft.
(d) Towing or Refueling. An aircraft towing or refueling other aircraft has the right-of- way
over all other engine-driven aircraft, except aircraft in distress.
(e) Approaching head-on. When aircraft are approaching each other head-on, or nearly
so, each pilot of each aircraft shall alter course to the right.
(f) Overtaking. Each aircraft that is being overtaken has the right-of-way and each pilot
of an overtaking aircraft shall alter course to the right to pass well clear.
(g) Landing. Aircraft while on final approach to land or while landing, have the right-ofway
over other aircraft in flight or operating on the surface.
Note: The PIC may not take advantage of this rule to force an aircraft off the runway
surface which has already landed and is attempting to make way for an aircraft on
final approach
(h) More than one landing aircraft. When two or more aircraft are approaching an airport
for the purpose of landing, the aircraft at the lower altitude has the right-of-way.
(i) The PIC shall not take advantage of the right of way landing rules in items (g) and (h)
in this paragraph to cut in front of another aircraft that is on final approach to land or
to overtake that aircraft.
(j) Emergency landing. Aircraft that are compelled to land have the right-of-way over
other aircraft.
(k) Taking off. Aircraft taking off have the right-of-way over aircraft taxiing on the
maneuvering area of an aerodrome.
(l) Surface movement of aircraft.

(1) Approaching head-on. When aircraft are approaching each other head-on, or
approximately so, each pilot of each aircraft shall stop or wherever practicable
alter course to the right so as to keep well clear.

(2) Converging. When aircraft are converging on a course, the aircraft to the other's
right has the right-of-way.

(3) Overtaking. Each aircraft that is being overtaken has the right-of-way and each
pilot of an overtaking aircraft shall keep well clear.
(m) Aircraft taxiing on the maneuvering area of an aerodrome.

(1) An aircraft taxiing on the maneuvering area shall stop and hold at all runwayholding
positions unless otherwise authorized by the aerodrome control tower.

(2) An aircraft taxiing on the maneuvering area shall stop and hold at all lighted stop
bars and may proceed further when the lights are switched off.
Note: The PIC will not take advantage of this rule to cut in front of another which
is on final approach to land or to overtake that aircraft.

8.8.1.15 USE OF AIRCRAFT LIGHTS


(b) No person may operate an aircraft between the period from sunset to sunrise unless:
(1) It has lighted navigation lights; and
(2) If anti-collision lights are installed, those lights are lighted.

8.8.1.16 SIMULATED INSTRUMENT FLIGHT


(a) No person may operate an aircraft in simulated instrument flight unless
(1) That aircraft has fully functioning dual controls, except:
(i) In the case of airships, or
(ii) In a single engine airplane equipped with a throw-over control wheel in place
of fixed, dual controls of the elevator and ailerons.
(2) The other control seat is occupied by a safety pilot who holds at least a private
pilot license with category and class ratings appropriate to the aircraft being
flown, and
(3) The safety pilot has adequate vision forward and to each side of the aircraft, or a
competent observer in the aircraft adequately supplements the vision of the
safety pilot.
(b) No person may engage in simulated instrument flight conditions during commercial
air transport operations

8.8.2.7 POSITION REPORTS


(a) Each pilot of a controlled flight shall report to the appropriate ATC facility, as soon as
possible, the time and level of passing each designated compulsory reporting point,
together with any other required information, unless exempted from this requirement
by the appropriate ATC authority.

8.8.2.8 OPERATIONS ON OR IN THE VICINITY OF A CONTROLLED AIRPORT


(a) No person may operate an aircraft to, from, through, or on an airport having an
operational control tower unless two-way communications are maintained between
that aircraft and the control tower.
(b) On arrival, each PIC shall establish communications required by paragraph (a) prior
to 4 nautical miles from the airport when operating from the surface up to and
including 2,500 feet.
(c) On departure, each PIC shall establish communications with the control tower prior to
taxi.
(d) Take-off landing, taxi clearance. No person may, at any airport with an operating
control tower, operate an aircraft on a runway or taxiway or take-off or land an
aircraft, unless an appropriate clearance has been received by ATC.
Note: A clearance to -taxi to" the take-off runway is not a clearance to cross or taxi
on to that runway. It does authorize the PIC to cross other runways during the taxi to
the assigned runway. A clearance to -taxi to" any other point on the airport is a
clearance to cross all runways that intersect the taxi route to the assigned point.
(e) Communications failure. If the radio fails or two-way communication is lost, a PIC
may continue a VFR flight operation and land if
(1) The weather conditions are at or above basic VFR minimums; and
(2) Clearance to land from the ATC tower is given in accordance with the universal
light signals and acknowledged by the PIC as contained in IS: 8.8.2.11 (e) and (f)
for light signals and acknowledgement.

8.8.3 VFR FLIGHT RULES AND AIRSPACE DESIGNATION


8.8.3.1 VISUAL METEOROLOGICAL CONDITIONS AND AIRSPACE
DESIGNATION
(a) No person may operate an aircraft under VFR when the flight visibility is less than, or
at a distance from the clouds that is less than that prescribed, or the corresponding
altitude and class of airspace in the following table:

* When the height of the transition altitude is lower than 3,050 in (1,000 ft) AMSL, FL 100
should be used in lieu of 10,000ft.
** When so prescribed by the appropriate ATC authority:
Lower flight visibilities to 1,500 m may be permitted for flights operating:
- At speeds that, in the prevailing visibility, will give adequate opportunity to observe
other traffic or any obstacles in time to avoid collision; or

8.8.3.2 VFR WEATHER MINIMUMS FOR TAKE-OFF AND LANDING


(a) No person may land or takeoff an aircraft under VFR from an aerodrome located
within a control zone, or enter the aerodrome traffic zone or traffic pattern airspace
unless the:

(1) Reported ceiling is at least 450 m (1,500 ft); and

(2) Reported ground visibility is at least 5 km; or, except when a clearance is
obtained from ATC.
(b) No person may land or takeoff an aircraft or enter the traffic pattern under VFR from
an airport located outside a control zone, unless VMC conditions are at or above
those indicated in Subpart 8.8.3.1.
(c) The only exception to the required weather minimums of this subsection is during a
Special VFR operation.

*8.8.3.4 VFR CRUISING ALTITUDES


(a) Each person operating an aircraft in level cruising flight under VFR at altitudes above
900 m (3,000 ft) from the ground or water, shall maintain a flight level appropriate to
the track as specified in the table of cruising levels in IS: 8.8.3.4.

**8.8.3.6 VFR FLIGHTS REQUIRING ATC AUTHORIZATION


(a) Unless authorized by the appropriate ATC authority, no pilot may operate in VFR
flight
(1) Above FL 200; or
8.8.4.13 CONTINUATION OF AN INSTRUMENT APPROACH
c) An instrument approach shall not be continued below 300 m (1,000 ft.) above the
aerodrome elevation or into the final approach segment unless the reported unless
visibility or controlling RVR is at or above the aerodrome operating minima.

8.8.4.15 OPERATION BELOW DH OR MDA


(a) Where a DH or MDA is applicable, no pilot may operate a civil aircraft at any airport
or heliport below the authorized MDA, or continue an approach below the authorized
DH unless:
(1) The aircraft is continuously in a position from which a descent to a landing on the
intended runway can be made at a normal rate of descent using normal
maneuvers;
(2) For commercial air transport operations, a descent rate will allow touchdown to
occur within the touchdown zone of the runway of intended landing;
(3) The reported flight visibility is not less than the visibility prescribed in the standard
instrument approach being used or the controlling RVR is above the specified
minimum;

**8.9.1.2 REFUELING WITH PASSENGERS ON BOARD


(a) Airplanes: No PIC may allow an airplane to be refueled when passengers are
embarking, on board or disembarking unless:
(1) the airplane is properly attended by qualified personnel ready to initiate and direct
an evacuation of the airplane by the most practical and expeditious means
available; and
(2) two-way communication is maintained by the aircraft’s intercommunication
system or other suitable means between the ground crew supervising the
refueling and the qualified personnel on board the aircraft.

8.9.1.6 PASSENGER OXYGEN: MINIMUM SUPPLY AND USE


(a) The PIC shall ensure that breathing oxygen and masks are available to passengers
in sufficient quantities for all flights at such altitudes where a lack of oxygen might
harmfully affect passengers.

(b) The PIC shall ensure that the minimum supply of oxygen prescribed by the Authority
is on board the aircraft.
Note: The requirements for oxygen storage and dispensing apparatus are prescribed
in Part 7.

**(c) The PIC shall require all passengers to use oxygen continuously at cabin pressure
altitudes above 13,000 feet.

8.10.1.4 LICENSE REQUIREMENTS FOR PIC


(a) No pilot may act as PIC of a of an aircraft, certificated for operation with more than
one pilot, in commercial air transportation operations unless he or she holds an
Airline Transport Pilot License with applicable category, class and type rating for that
aircraft.

(b) No pilot may act as PIC of an aircraft, certificated for operation for one pilot, in
commercial air transportation operations unless he or she holds a Commercial Pilot
License or an Airline Transport Pilot License with applicable category, class and type
rating for that aircraft.

(c) If instrument privileges are to be exercised, the PIC shall hold an Instrument Rating.

*8.10.1.5 LICENSE REQUIREMENTS FOR CO-PILOT AND CRUISE RELIEF PILOT


(a) Co-pilot: No pilot may act as co-pilot of an aircraft in commercial air transport
operations unless he or she holds either a Commercial Pilot License/IR or an Airline
Transport Pilot License, each with applicable category, class and type ratings for the
aircraft operated, and has completed all training to serve as CP.

(b) Cruise relief pilot: No pilot may act as a cruise relief pilot of an aircraft in commercial
air transport operations unless he or she:

(1) holds an ATPL (for relieving the PIC) with applicable category, class and type
ratings for the aircraft operated, and:
(i) has completed all training to serve as PIC with the exception of initial
operating experience; or
(ii) has completed required training to serve as PIC above FL200, with the
exception of initial operating experience, and is fully qualified to serve as CP;
or

(2) holds at least a CPL/IR (for relieving the CP only) with applicable category, class
and type ratings for the aircraft operated, and has completed required training to
serve as co-pilot above FL200.

8.10.1.7 PERSONS QUALIFIED TO FLIGHT RELEASE


(a) No person may act as a flight operations officer in releasing a scheduled
passengercarrying
commercial air transport operation unless that person:

(1) Holds a flight operations officer license or an ATP license; and


(2) Is currently qualified with the Operator for the operation and type of aircraft used.

8.10.1.22 PAIRING OF LOW EXPERIENCE CREW MEMBERS


(a) If a CP has fewer than 100 hours of flight time in the type aircraft being flown in
commercial air transport, and the PIC is not an appropriately qualified check pilot, the
PIC shall make all takeoffs and landings in situations designated as critical by the
Authority in IS: 8.10.1.22.
(b) No PIC or CP may conduct operations for a type aircraft in commercial air transport
unless either pilot has at least 75 hours of line operating flight time, either as PIC or
CP.
(c) The Authority may, upon application by the operator, authorize an exemption from
number of hours from paragraph (b) by an appropriate amendment to the operations
specifications in any of the circumstances identified in IS: 8.10.1.22.

8.10.1.50 SINGLE PILOT OPERATIONS UNDER IFR OR AT NIGHT


The requirements of experience, recency and training applicable to single pilot
operations intended to be carried out under the IFR or at night shall be as under. The
PIC shall:
(a) for operations under the IFR or at night, have accumulated at least 50 hours flight
time on the class of aircraft, of which at least 10 hours shall be as PIC;
(b) for operations under the IFR, have accumulated at least 25 hours flight time under
the IFR on the class of aircraft, which may form part of the 50 hours flight time in
paragraph (a);
(c) for operations at night, have accumulated at least 15 hours flight time at night, which
may form part of the 50 hours flight time in paragraph (a);

**8.11.1.3 DUTY AND REST PERIODS: ALL CREW MEMBERS


(a) With respect to duty periods:
(1) Persons are considered to be on duty if they are performing any scheduled or
unscheduled tasks on behalf of the Operator.

(2) No Operator may schedule:


(i) A flight crew member for more than 14 hours of duty, except as prescribed by
the Authority.
(ii) A cabin crew member for more than 14 consecutive hours of duty, except as
prescribed by the Authority.
(iii) A flight operations officer/aircraft dispatcher for more than 10 consecutive
hours of duty, except as prescribed by the Authority. (See 8.11.1.11).
(b) With respect to rest periods:

(1) The minimum rest period for flight crew members and flight operations
officer/dispatcher is considered to be 8 consecutive hours, unless otherwise
prescribed by the Authority.

(2) The minimum rest period for cabin crew members shall be 9 consecutive hours,
unless otherwise prescribed by the Authority.

**8.11.1.9.1 FLIGHT TIME, DUTY AND REST PERIODS: FLIGHT CREW MEMBERS
(a) No scheduled and non-scheduled domestic operator may schedule any flight crew
member and no flight crew member may accept an assignment for flight time in
scheduled air transportation or in other commercial flying if that crew member's total
flight time in all commercial flying will exceed:

(1) 1,000 hours in any calendar year;


(2) 100 hours in any calendar month;
(3) 30 hours in any 7 consecutive days; or
(4) 8 hours between required rest periods.

**8.11.1.10.1 FLIGHT TIME, DUTY AND REST PERIODS: AIRCRAFT TYPE


CERTIFICATED FOR TWO PILOTS
(a) No scheduled or any non-scheduled international operator may schedule any flight
crew member and no flight crew member may accept an assignment for flight time in
commercial flying if that flight crew member’s total flight time in all flying will exceed:

(1) 32 hours in any 7 consecutive days;


(2) 100 hours in any calendar month; or
(3) 1,000 hours in any calendar year.

8.11.1.10.2 FLIGHT TIME, DUTY AND REST PERIODS: AIRCRAFT TYPE


CERTIFICATED FOR TWO PILOTS AND ONE OTHER FLIGHT CREW
MEMBER
(a) No scheduled and non-scheduled international operator may schedule any flight crew
member and no flight crew member may accept an assignment for flight time in
commercial flying if that flight crew member’s total flight time in all flying will exceed:
(1) 12 hours during any 24 consecutive hours;
(2) 120 hours during any 30 consecutive days;
(3) 300 hours during any 90 consecutive days; or
(4) 1,000 hours during any calendar year.
(b) A rest period of twice the number of hours flown since the last rest period or 12
hours, whichever is greater, shall be scheduled following any flight segment.
(c) If a flight crew member has flown 20 or more hours during any 48 consecutive hours
or 24 or more hours during any 72 consecutive hours, he must be given
8.12.1.2 QUALIFIED PERSONS REQUIRED FOR OPERATIONAL CONTROL
FUNCTIONS
(a) An operator or a designated representative shall have responsibility for operational
control. Responsibility for operational control shall be delegated by an operator only
to the PIC and to a flight operations officer/flight dispatcher, if the operator’s
approved method of control and supervision of flight operations requires the use of
flight operations officer/flight dispatcher personnel.
(b) For passenger-carrying flights conducted on a published schedule, a licensed and
qualified flight operations officer or equivalently qualified person shall be on-duty at
an operations base to perform the operational control functions.
(c) For all other flights, Director of Operations and PIC are the qualified person
exercising operational control responsibilities, and shall be available for consultation
prior to, during and immediately following the flight operation.

(f) Pilots shall acknowledge aerodrome controller signals as follows:


(1) When in flight—
(i) During the hours of daylight by rocking the aircraft's wings.
Note: This signal should not be expected on the base and final legs of the
approach.
(ii) During the hours of darkness by flashing on and off twice the aircraft's landing
lights or, if not so equipped, by switching on and off twice its navigation lights.
(2) When on the ground—
(i) During the hours of daylight by moving the aircraft's ailerons or rudder.
(ii) During the hours of darkness by flashing on and off twice the aircraft's landing
lights or, if not so equipped, by switching on and off twice its navigation lights.

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