Civil Aviation Rules

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PART I – PRELIMINARY
Rule No.
1. Short title, Commencement and application. 2. Definitions 3. Interpretation
PART II – ADMINISTRATION
4. Duties and powers of the Director General Delegation of powers
PART III – REGISTRATION AND MARKING OF AIRCRAFT
Section 1 – Registration of Aircraft
6. Pakistan Aircraft Register 7. Unregistered aircraft not to fly Application for registration of an aircraft 9. Aircraft not eligible for registration 10. Cancellation of registration 11. Aircraft not to have dual registration 12. Aircraft to carry Certificate of Registration
Section 2 – Marking of Aircraft
13. Nationality and registration marks 14. Position and size of marks 15. Aircraft not to carry emblems or signs
PART IV – AIRWORTHINESS REQUIREMENTS
Section 1 – Certificate of Airworthiness
16. Aircraft to have a Certificate of Airworthiness 17. Foreign aircraft to have a Certificate of Airworthiness 18. Issue of Certificate of Airworthiness 18A. Issuance of design standards 18B. Issuance, suspension or cancellation of type approval certificate 18C. Certificate of type approval to remain in force. 19. Conditions of validity of Certificates of Airworthiness 20. Certificate of Airworthiness to be subject to conditions 21. Aircraft not Airworthy 22. Renewal of Certificates of Airworthiness
CIVIL AVIATION RULES INDEX
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Section 2 – Approval of Aircraft Constructors, Suppliers, Stockists and Distributors of Aircraft Components and Maintenance Organizations
23. Approval of Persons or Organizations 24. Suspension or Cancellation of Approval 25. Approval of Maintenance Organizations 26. Suspension or cancellation of Approval of a Maintenance Organization
Section 3 – Maintenance of Airworthiness
27. Certificate of Maintenance of Aircraft 27A. Directions for maintaining system certification 27B. Issuance of Maintenance release 27C. Conditions in a direction to apply to maintenance release 27D. Suspension of maintenance release, etc. 27E. Duty of the owner or operator in case suspension or cancellation of maintenance release. 27F. Maintenance release to cease in force in certain cases. 27G. Recommencement of maintenance release in certain cases. 28. Maintenance of Commercial Aircraft 29. Maintenance of Private Aircraft 30. Maintenance Manuals 31. Minimum Equipment List 32. Recording and Reporting of Defects
Section 4 – Records of Maintenance
33. Operators to keep Records
Section 5 – Radio Equipment in Aircraft
34. Radio Equipment to be Licensed and Approved
PART V – PERSONNEL LICENCES Section 1 – Flight Crew Licences
35. Flight Crew Members to hold licences 36. Issue of Licences 37. Flight Crew Licences 38. Validity of Licences 39. Requirement to hold an appropriate rating 40. Requirement to hold a Medical Assessment 41. Temporary Unfitness 42. Recent experience requirements 43. Validated Licences – experience requirement 44. Age Limit for Pilots
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Section 2 – Licensing of Personnel other than Flight Crew Members
45. Flight Operations Officer Licences 46. Requirement to hold Flight Operations Officer Licences 47. Flight Operations Officer – recent experience 48. Air Traffic Controllers to be authorized 49. Air Traffic Controllers – Medical Assessments 50. Air Traffic Controllers – Temporary Unfitness 51. Aircraft Maintenance Engineer Licences
PART VI – FLYING TRAINING Section 1 – Flying Schools
52. Flying Schools to hold Licences 53. Flying and Ground School Licences 54. Issue of Licences 55. Period of Validity 56. Compliance with Conditions of Licence
Section 2 – Training by holders of Air Operator Certificates
57. Exemption for holders of Air Operator Certificates
PART VII – PERSONAL FLYING LOG BOOKS
58. Flight Crew Members to maintain Log Books
PART VIII – AERODROMES, FACILITIES AND SERVICES Section 1 – Aerodromes and Facilities
59. The Authority to provide aerodromes and facilities 60. Licensing of Aerodromes 61. Aircraft in Government Service to have access to aerodromes 62. Availability of aerodromes 63. Aircraft not to take off or land except at any aerodrome. 64. Aircraft on international flights to use specified aerodrome. 65. Aircraft on international flights landing at other than specified aerodrome.
Section 2 – Air Traffic Services
66. The Authority to provide air traffic services 67. Designation of Aerodromes and Airspace
Section 3 – Safe-guarding at Aerodromes
68. Limitation of obstructions 69. Limitations of Lights 70. Interference with communications or navigational aids 71. Measure to avoid attraction of birds
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Section 4 – Power to prevent an aircraft flying and to move an aircraft
72. Power of Director General to ground an aircraft 73. Removal of aircraft from manoeuvering area
Section 5 – Meteorological Services
74. Provision of meteorological Information 75. Weather Reporting
Section 6 – Search and Rescue Service
76. Provision of a Search and Rescue Service 77. Search and Rescue Service to operate in compliance with the Convention 78. Requisition for Search and Rescue 79. Payment for Search and Rescue Operations
Section 7 – Fire Fighting and rescue services
80. Provision of fire fighting and rescue services 81. Functions of the service 82. Power to take charge 83. Damage to property
Section 8 – Aeronautical Mobile Radio Service
84. Conditions of operation
Section 9 – Ground Operations with Aircraft
85. Fueling of aircraft 86. Taxying of aircraft 87. Compliance with noise abatement procedures 88. Driving on a movement area 89. Parking of aircraft 90. Engines to be run by qualified personnel
Section 10 – Conduct of Persons at an Aerodrome
91. Applicability 92. Unauthorized persons and vehicles not to enter aerodromes 93. Persons not to smoke or create a fire hazard 94. Trading at an aerodrome 95. Restriction of photography 96. Regulation of road traffic 97. Reporting of accidents 98. Articles lost and found 99. Keeping of animals 100. Animals constituting a danger
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101. Fire arms and offensive weapons 102. Damage to aerodrome property 103. Dumping of rubbish 104. Prohibition of gambling 105. Disorderly conduct 106. Prevention of fire 107. Danger from stock or equipment 108. Provision of first aid kits 109. Prohibition of entry 110. Aerodrome restricted areas
PART IX-CONDUCT OF PERSONS ON BOARD AN AIRCRAFT
111. Restriction of aerial photography 112. Persons not to stow away on an aircraft 113. Behavior of persons in an aircraft 114. Persons not to carry weapons 115. Restriction of smoking in aircraft 116. Consumption of intoxicating liquor or drugs 117. Carriage of drugs 118. Powers of the Pilot-in-Command
PART X – RULES OF THE AIR Section 1 – General Rules
119. Applicability of Rules of the Air 120. Aircraft not to be operated in a negligent or reckless manner 121. Restriction on towing 122. Aircraft not to drop articles or to spray so as to cause damage 123. Agricultural aircraft to comply with instructions 124. Restriction on dropping by parachute 125. Restriction on simulation of IMC 126. Acrobatic flights 127. Flight crew not to be intoxicated 128. Aircraft to be flown at adequate height over towns 129. Radio failure in an aircraft 130. Pilots to avoid collisions 131. Restriction on formation flying 132. Aircraft that has right of way to maintain course, speed and height 133. Rights of way 134. Aircraft approaching head-on 135. Overtaking aircraft 136. Aircraft on landing approach 137. Taxying aircraft approaching head-on 138. Taxying aircraft – rights of way 139. Aircraft on or in the vicinity of an aerodrome 140. Balloons and kites 141. Use of anti-collision lights 142. Use of navigation lights
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143. Power to switch off dazzling lights 144. Pilots to comply with ATS Instructions 145. Pilotless aircraft not to be flown 146. Aircraft not to fly in notified areas 147. Pilots to comply with visual signals 148. Pilots to report violations 149. Use of Universal Co-ordinated Time 150. Aircraft to be flown in compliance with VFR or IFR
Section 2 – Application of Visual Flight Rules
151. Visual Flight Rules 152. Aircraft to be flown at appropriate flight level 153. Limitation on flights by VFR 154. Flight in controlled airspace 155. Aircraft not to be flown below 2000 ft over towns 156. Take-off limitation of VFR flights
Section 3 – Instrument Flight Rules
157. Aircraft to be equipped for IFR flights and pilots to hold Instrument Ratings 158. Aircraft to fly at or above minimum flight altitudes 159. Pilots to fly at specified levels 160. Flights in IMC to be by IFR 161. Pilots to comply with Instrument Departure and Approach Procedures 162. Pilots unable to maintain an appropriate flight level
Section 4 – Flight Plan and Communication Requirements
163. Flight plan to be filed 164. Submission of flight plans 165. Pilots to obtain clearance 166. Pilots to adhere to flight plan 167. Pilots to maintain the centre line of an air route 168. Pilots to change VOR guidance 169. Pilots to correct or report deviations 170. Pilots unable to comply with VFR flight plan 171. Pilots to report passing reporting points 172. Pilots to notify cancellation of IFR flight plan 173. Pilots to maintain a listening watch 174. Pilots to report arrival
PART XI – LICENSING AND CERTIFICATION OF COMMERCIAL AIR OPERATIONS Section 1 – Applicability
175. Part to apply to Pakistan operators and aircraft 176. Description of an operator
Section 2 – Licensing of Commercial Operators
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177. Commercial operations to be licensed 178. Applications for a licence 179. Companies to be registered 180. Compliance with conditions of a licence 181. Exemption from the need to hold a licence 182. Licences not to be transferable 183. Subcontracting of services 184. No continuance of right to a licence 185. Variation in terms of licences
Section 3 – Air Operator Certificate
186. Operators to hold an Air Operator Certificate 187. Issue of Air Operator Certificate 188. Air Operator Certificates 189. Compliance with conditions of an Air Operator Certificate 190. Operators to carry mails
Section 4 – Responsibilities of Operators
191. Operators to provide an Operations Manual 192. Contents of an Operations Manual 193. Operators to establish training programmes 194. Operators to ensure awareness of foreign rules 195. Operators to ensure adequacy of facilities 196. Operator to provide cabin crew 197. Operators to ensure that flight crews are qualified 198. Operators to ensure that pilots have recent experience 199. Operators to be insured 200. Aerodrome Operating Minima 201. Flight and duty time limitations 202. Provision of rest periods 203. Operators to provide safety devices 204. Proving flights of new aircraft
Section 5 – Records to be kept and returns to be submitted by an operator
205. Fuel and oil records 206. Flight time and duty period records 207. Record of emergency and survival equipment carried 208. Record of flight preparation 209. Record of operational flight plans 210. Record of flight crew licences 211. Aircraft journey log book 212. Flight recorders 213. Operators to have audited accounts Returns of statistics
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PART XII – COMMERCIAL FLIGHT OPERATIONS Section 1 – Applicability
215. Part to apply to Commercial aircraft
Section 2 – Flight Preparation
216. Operational flight plan 217. Alternate aerodrome 218. Fuel and oil requirements
Section 3 – Responsibilities of a Pilot-in-Command
219. Pilot not to commence a flight 220. Pilot responsible for operation and safety of an aircraft 221. Passengers to be informed about emergency equipment 222. Passengers to be instructed in an emergency 223. Pilots to be strapped in at the controls 224. Flight crew to use check lists and observe limitations 225. Adverse weather conditions 226. Flight in icing conditions 227. Adverse destination weather 228. Limitations on approach and landing 229. Limitations on visual circling 230. Limitations on take-off 231. Pilots to report weather conditions
Section 4 – General Requirements
232. Flight Crews to use oxygen 233. Simulation of emergencies 234. Cabin attendants to use seat belt 235. Passengers not to be carried 236. Entry to the flight deck 237. Alcohol not to be consumed 238. Flight Engineer to be carried 239. Navigator to be carried 240. Compliance with Operations Manual
PART XIII – AIRCRAFT REQUIREMENTS Section 1 – Aircraft Loading and Performance Operating Limitation
241. Performance limitations 242. Loading limitations
Section 2 – Aircraft Instruments and Equipment
243. Emergency locator beacons 244. Navigation equipment
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245. Instrument approach equipment 246. In-flight emergency equipment 247. Flight recorders 248. Life saving equipment 249. Oxygen requirements – Commercial Aircraft 250. Oxygen requirements – Private Aircraft 251. Dual flight controls and instruments 252. Instruments and other equipment 253. Documents to be carried
PART XIV – PRIVATE AIRCRAFT OPERATIONS Section 1 – Applicability
254. Part to apply to Private Aircraft
Section 2 – Flight Preparation 255 Private Aircraft not to fly unless facilities are ascertained to be adequate 256. Aircraft to be airworthy and suitably equipped 257. Pilot to take account of weather reports 258. Passengers to be informed of emergency equipment and procedures 259. Fuel and oil requirements 260. Composition of a flight crew
Section 3 – Weather Conditions and Aerodrome Operating Minima
261. Private pilots to establish Aerodrome Operating Minima 262. Flights not to be commenced in adverse weather 263. Limitations on an approach to landing
Section 4 – General Requirements
264. Pilots to comply with laws of other States and to be responsible for operation and safety of the aircraft 265. Fitness of members of flight crew 266. Flight crew to be at duty stations 267. Aircraft to carry oxygen for flight above 10000 ft 268. Pilots to ensure that all persons on board are instructed as to the action to take in an emergency.
PART XV – ACCIDENTS AND INCIDENTS Section 1 – Preliminary
269. Accidents and incidents
Section 2 – Notification of Accidents and Incidents
270. Notification of an accident 271. Notification of an incident
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Section 3 – Custody, Protection and Removal of Aircraft
272. Custody of an accident aircraft
Section 4 – Investigation of Accidents and Incidents
273. Appointment and powers of an Investigator 274. Rights of implicated persons 275. Conduct of witnesses 276. Accidents or incidents not in Pakistan 277. Information to be furnished to a Contracting State 278. Participation in an Investigation
Section 5 – Report of an Investigation
279. Investigator to report in writing 280. Disposition of the report on a foreign aircraft 281. Publication of a report
Section 6 – Boards of Accident Inquiry
282. Appointment of a Board 283. Constitution of a Board 284. Terms of Reference of a Board 285. Investigation to be taken over by a Board 286. Powers of a Board 287. Right of appearance before a Board 288. Procedures of a Board 289. Report of a Board 290. Inquiry into further matters 291. Publication of a report 292. Immunity of the Chairman 293. Re-opening of an Inquiry
PART XVI- TRANSPORT OF DANGEROUS GOODS BY AIR Section 1 – Applicability
294. Part to apply to carriage of dangerous goods 295. Interpretation
Section 2 – General
296. Compliance with Technical Instructions 297. Carriage of forbidden articles 298. Articles forbidden under all circumstances 299. Exemptions from the provisions 300. Conditions for commencing flight
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Section 3 – Responsibilities of a Shipper
301. Adequate packaging 302. Separation of dangerous goods 303. Prevention of breakage or leakage 304. Packages or overpacks 305. Goods to be classified, marked and labeled 306. Additional requirements 307. Training and qualification of employees and agents
Section 4 – Responsibilities of an Operator
308. Acceptance of goods 309. Inspection of packages 310. Leaking packages not to be loaded 311. Leaking packages to be removed from aircraft 312. Inspection of unloaded packages 313. Radioactive contamination of aircraft 314. Training of employees and agents 315. Compliance with additional requirements
Section 5 – Loading Restrictions
316 G. oods not to be carried on flight deck or in passenger compartment 317. Separation of loaded goods 318. Separation from foodstuffs 319. Carriage of radioactive materials 320. Loading and unloading 321. Carriage in cargo aircraft
Section 6 – Provision of Information
322. Information for employees 323. Passengers to be informed of forbidden goods 324. Information for flight crews 325. Action in the event of an accident
PART XVII – UNLAWFUL INTERFERENCE Section 1 – Applicability
326. Application of rules
Section 2 – General
327. Persons not to interfere with flight crew 328. Lockable flight deck doors 329. Check list for bomb search 330. Training of aircraft crews 331. Notification of Air Traffic Services
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332. Report on unlawful interference
PART XVIII – PENAL PROVISIONS AND PROSECUTIONS Section 1 – Penal Provisions
333. Penalty for contravention of the Rules 334. Summary power of Director General 335. Summary power of a Manager 336. Convicted person to surrender document 337. Unauthorized behavior on an aerodrome
Section 2 – Prosecutions
338. Limitation of prosecution
Section 3 – Evidence
339. Certificates given by the Director General
PART XIX – WITHHOLDING, SUSPENSION AND CANCELLATION OF LICENCES AND CERTIFICATES
340. Refusal to grant or renew a Licence or Certificate 341. Suspension or Cancellation of Aerodrome or Flying School Licences and Air Operator Certificates etc 342. Suspension or Cancellation of Personnel Licences 343. Board of Review 344. Decisions of a Board of Review 345. Liability for expense or loss 346. Loss or Refund of Deposit 347. Renewal of a Suspended Licence 348. Record of Suspension or Cancellation
PART XX – FARES, FREIGHTS, TIME TABLES AND STATISTICAL RETURNS
349. Operators to submit domestic air service tariffs 350. Operators to submit international air service tariffs 351. Operators to submit tariffs for split services 352. Operators to operate in accordance with a time-table 353. Operators to submit returns
PART XXI – MISCELLANEOUS
354. Person not to act without a licence 355. Person not to make false statements or forge documents 356. Obstruction of authorized persons and endangering aircraft 357. Licence applications and fees
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358. Change of address of licence holder 359. Surrender of licence 360. Notification of special conditions for licences 361. Damage to aircraft during flying trial 362. Colouring of aircraft 363. Exemption of aircraft from provisions of the rules 364. Non Schedule landing and priority in booking 365. Variation of time of official night 366. Detention of aircraft 367. Foreign Military aircraft not to fly over Pakistan 368. Foreign registered aircraft to comply with the Convention 368A. Transfer of Functions and Duties of State of Registry to State of Operator 369. Advertisement of carriage by air 370. Persons not to endanger aircraft 371. Carriage of persons without travel documents 372. Imposition of Penalty 373. Recovery of Penalty or fine 374. Service of Directions, Permissions and Approvals 375. Redress of Grievance 376. Power of the Federal Government to modify or revise orders 377. Compulsory landing for non scheduled flights operating without permission 378. Repeal of Civil Aviation Rules, 1978
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THE GAZETTE OF PAKISTAN Extra Ordinary published by Authority Islamabad, Monday, October 3, 1994 PART II
Statutory Notifications (S.R.O.) Government of Pakistan MINISTRY OF DEFENCE (Defence Division) AVIATION WING NOTIFICATION
Rawalpindi, the 3rd October, 1994
S.R.O. 961(I)/94.- In exercise of the powers conferred by section 4, 5, 7 and 8 of the Civil Aviation Ordinance, 1960 (XXXII of 1960), section 26 of the Pakistan Civil Aviation Authority Ordinance, 1982 (XXX of 1982), section 10 of the Aircraft (Removal of Danger to Safety) Ordinance, 1965 (XII of 1965) and section 4 of the Telegraph Act, 1885 (XIII of 1885), the Federal Government is pleased to make the following rules, the same having been previously published as required by sub- section (2) of section 15 of the Civil Aviation Ordinance, 1960 (XXXII of 1960).
[No.AT.23(19)/85]
Sd/- SOHAIL RAZA QIZILBASH, Deputy Secretary.
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CIVIL AVIATION RULES PART I – PRELIMINARY
1. Short title, commencement and application (1) These rules may be called the Civil Aviation Rules, 1994.
(2) They shall come into force at once.
(3) These rules shall apply to flight operations within Pakistan by aircrafts other than military aircrafts and, except where otherwise prescribed, to flight operations by aircrafts registered, acquired or operating under these rules, wherever they may be.
2. Definitions: (1) In these Rules, unless there is any thing repugnant in the subject or context, (i) “acrobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;
(ii) “aerial work aircraft” means an aircraft engaged in aerial work operations;
(iii) “aerial work operations” means flight operations other than charter, or regular public transport, or private operations, for which hire or reward is given or promised to the pilot, the owner, or the operator of the aircraft in respect of the flight or the purpose of the flight, and any reference to “aerial work” has a corresponding meaning;
(iv) “aerodrome control service” means an air traffic control
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service for aerodrome traffic;
(v) “aerodrome operating minima” means the cloud ceiling and visibility, or runway visual range, for take-off; and the decision height, or altitude, or minimum descent height, or altitude, and visibility, or runway visual range, and visual reference, for landing; specified by an operator in his operations manual as being the minima for take-off and landing by an aircraft at an aerodrome;
(vi) “aerodrome traffic” means all traffic on the manoeuvreing area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;
(vii) “aeronautical Information publication” means the publication published under these rules;
(viii) “aeronautical mobile radio service” means a radio service between aircraft radio stations and land stations and between two or more aircraft radio stations;
(ix) “aeroplane” means a power-driven heavier than air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
(x) “agricultural operations” means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control;
(xi) “aircraft component” means any part or equipment for an aircraft, being a part or equipment that, when fitted to, or provided in an aircraft, may, if it is not sound or not functioning
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correctly, affect the safety of the aircraft or cause the aircraft to become a danger to person or property, but does not include a part or equipment of a kind that the Director-General may direct not to be an aircraft component for the purposes of these rules;
(xii) “aircraft maintenance engineer licence” means an aircraft maintenance engineer licence issued under rule 51;
(xiii) “aircraft material” means a material (including a fluid) for use in the maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;
(xiv) “Air Navigation Orders” means orders issued by the Director-General under these rules;
(xv) “air operator certificate” means a certificate granted under rule 54 or 187;
(xvi) “air route” means the navigable airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules;
(xvii) “air route facilities” means facilities provided to permit safe navigation of aircraft within the airspace of an air route, and includes navigation aids along the route, visual and non-visual aids to approach and landing at aerodromes, communication services, meteorological services and air traffic service, and facilities;
(xviii) “airship” means a power driven lighter-than-air aircraft;
(xix) “air traffic” means all aircraft in flight or operating on the manoeuvreing area of an aerodrome;
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(xx) “air traffic advisory service” means a service provided along advisory routes to ensure separation, in so far as possible, between aircraft which are operating on IFR flight plans;
(xxi) “air traffic control clearance” means an authorization given to an aircraft to proceed under conditions specified by an air traffic control unit;
(xxii) “air control traffic service” means a service provided for the purpose of preventing collisions between aircraft, and between aircraft and obstructions; and for the purpose of expediting and maintaining an orderly flow of air traffic;
(xxiii) “Air Traffic Control Unit” means an area control centre, an approach control office or aerodrome control tower;
(xxiv) “air traffic services” means variously, flight information services, alerting services, air traffic advisory services, Air Traffic Control Services, area control services, approach control services, or aerodrome control services established under rule 66;
(xxv) “Air Traffic Services route” means a specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services and designated in the Aeronautical Information Publication;
(xxvi) “Air Traffic Services instructions” means instructions issued by air traffic services by inclusion in the Aeronautical Information Publication, or by means of radio, telephony, or by visual signals;
(xxvii) “Air Traffic Services Unit” means an air traffic control unit, flight information centre or air traffic services reporting office;
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(xxviii) “airway” means an area designated by the Director- General as an airway under rule 67 and which is a control area in the form of a corridor equipped with radio navigational aids;
(xxix) “airway facilities” means all facilities provided to permit safe navigation of aircraft within the airspace of an airway and includes navigation aids along the airway, visual and non-visual aids to approach and landing at aerodromes, communication services, meteorological services and air traffic services and facilities;
(xxx) “Airworthiness notice or circulars” means a notice issued by the Director-General under these rules and shall include air safety circulars;
(xxxi) “alerting service” means a service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required;
(xxxii) “alternate aerodrome” means an aerodrome specified in a flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;
(xxxiii) “altitude” means the vertical distance in feet of a level or a point, or an object considered as a point, measured from mean sea level;
(xxxiv) “approach control service” means an Air Traffic Control Service for arriving or departing flights of aircraft;
(xxxv) “approval” means approval by the Director-General;
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(xxxvi) “apron” means that part of an aerodrome to be used:
(a) for the purpose of enabling passengers to board, or disembark from, aircraft;
(b) for loading cargo on to, or unloading cargo from, aircraft; or
(c) for refueling, parking or carrying out maintenance on aircraft;
(xxxvii) “area control service” means an Air Traffic Control Service for flights of aircraft in control areas;
(xxxviii) “Authority” means the Civil Aviation Authority established under Section 3 of the Pakistan Civil Aviation Authority Ordinance, 1982;
(xxxix) “authorized person” means for the purpose of rule 91, a person authorized by the Director-General or by the Manager;
(xl) “balloon” means a non-power-driven lighter-than-air aircraft;
(xla) “Cabin Attendant” means a crew member who performs, in the interest of safety of passenger, duties assigned by the operator or the pilot-in-command of the aircraft but who shall not act as a flight crew member.
(xli) “cargo” means things other than passengers carried in aircraft;
(xlii) “certificate of Airworthiness” means a certificate of
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Airworthiness issued or in force under rule 18;
(xliii) “certificate of approval” means a certificate of approval granted under rule 23 and rule 25;
(xliv) “Charter operations” means flight operations in which an aircraft is used for the carriage of passengers or cargo for hire or reward; and any reference to “charter” has a corresponding meaning:
(a) to and from any place but not in accordance with fixed schedules to and from fixed terminals; or (b) in accordance with fixed schedules to and from fixed terminals in circumstances in which the accommodation in the aircraft is not available for use by members of the public;
(xlv) “charter aircraft” means an aircraft engaged on charter operations;
(xlvi) “cloud ceiling” means the vertical distance from the elevation of an aerodrome to the lowest part of the cloud which obscures more than half the sky above the aerodrome;
(xlvii) “commercial flight operation” means a flight operation other than a private operation;
(xlviii) “contracting State” means a country other than Pakistan, that is a Party to the Convention;
(xlix) “control area” means an area designated by the Director- General as a control area under rule 67 and which is an airspace extending upwards from a specified limit above the earth within
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which an Air Traffic Control Service is provided;
(l) “control zone” means an area designated as a control zone by the Director-General under rule 67 and which is an airspace extending upwards from the surface of the earth to a specified upper limit within which an Air Traffic Control Service is provided;
(li) “controlled aerodrome” means an aerodrome designated as a controlled aerodrome by the Director General under rule 67 at which an aerodrome control service is provided to aerodrome traffic;
(lii) “controlled airspace” means a control area or a control zone;
(liii) “Convention” means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, 1944, and includes the international standards and recommended practices and procedures adopted by the International Civil Aviation Organization in pursuance of Article 37 of the Convention;
(liv) “co-pilot” means a pilot serving in any piloting capacity other than the pilot-in-command;
(lv) “Council” means the Council of the International Civil Aviation Organization;
(lvi) “crew member” means a person assigned by an operator for duty on an aircraft during flight time, and any reference to “crew” has a corresponding meaning;
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(lvii) “cruising level”, in relation to an aircraft in flight, means the height above ground or water, or above an atmospheric datum, at which the aircraft flies when it is not climbing or descending;
(lviii) “current flight plan” means the flight plan, with any changes brought about by subsequent air traffic control clearance and air traffic services instructions;
(lix) “danger area” means an area designated by the Director- General under rule 67 as a danger area;
(lx) “decision height” means the minimum height specified by an operator in his operations manual at which an approach to landing utilizing an Instrument Landing System or Precision Approach Radar must be discontinued if the required visual reference to continue the approach has not been established;
(lxi) “Director-General” means Director General of the Authority;
(lxii) “examination” means a medical examination or an examination by way of a test of theoretical knowledge or a practical test of knowledge and skill;
(lxiii) “flight” means : (a) in the case of a heavier-than-air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and
(b) in the case of a lighter-than-air aircraft, the operation of the aircraft from the moment when it
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becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth;
(lxiv) “flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during flight time, and any reference to “flight crew” has a corresponding meaning;
(lxv) “flight duty time” means the period of time from the moment at which a crew member commences any duties associated with his employment before making a flight or series of flights until the moment at which he is finally relieved of all such duties after the termination of the flight or flights and includes a period, if any, during which a crew member is required by an operator to hold himself available at an aerodrome for the performance of any such duties;
(lxvi) “flight information region” means an airspace designated as a flight information region by the Director-General under rule 67 and which is an airspace in which flight information and alerting services are available;
(lxvii) “Flight Information Service” means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
(lxviii) “flight level” means a surface of constant atmospheric pressure which is related to a pressure datum of 1013.2 hectopascals or millibars;
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(lxix) “Flight Manual” means a manual or other documents issued by the manufacturer of an aircraft and approved by the Director- General stating the limitations within which the aircraft is considered airworthy as defined by the appropriate Airworthiness requirements and additional instructions and information necessary for the safe operation of the aircraft;
(lxx) “flight operations” means operations involving aircraft in flight;
(lxxi) “flight plan” means specified information, provided to an Air Traffic Services Unit relative to the intended flight of an aircraft;
(lxxii) “flight time” means the period of time from the moment at which an aircraft moves under its own power preparatory to take- off until the moment at which it comes to rest after landing;
(lxxiii) “flight visibility” means the visibility forward from the cockpit of an aircraft in flight;
(lxxiv) “glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reaction on surfaces which remain fixed under given conditions of flight;
(lxxv) “heading” means the direction in which the longitudinal axis of an aircraft is pointed, expressed in degrees from North;
(lxxvi) “heavier-than-air aircraft” means an aircraft deriving its lift in flight chiefly from aerodynamic forces;
(lxxvii) “helicopter” means a heavier-than-air aircraft supported in
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flight by the reaction of the air on one or more normally power driven rotors on substantially vertical axis;
(lxxviii) “holder”, in relation to a licence or a certificate granted or issued under these rules, means a person to whom the licence or the certificate has been granted or issued;
(lxxix) “Instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of defined arrival route, to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply;
(lxxx) “instrument meteorological conditions” means meteorological conditions in terms of visibility and cloud amount worse than those that will permit compliance with the Visual Flight Rules;
(lxxxi) “international air service” means an air service which passes through the airspace over the territory of more than one country;
(lxxxii) “kite” means a glider normally moored to the ground;
(lxxxiii) “licensed” means licensed under these rules;
(lxxxiv) “lighter-than-air aircraft” means an aircraft supported chiefly by its buoyancy in the air;
(lxxxv) “maintenance” means: (a) in relation to an aircraft: (i) the doing of any
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work (including a modification or repair) on the aircraft that may affect the safety of the aircraft or cause the aircraft to become a danger to person or property; or (ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft is in a fit state for flying; or
(b) in relation to an aircraft component or aircraft material: (i) the doing of any work (including a modification or repair) on the aircraft component or aircraft material that may affect its soundness or correct functioning; or (ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft component or aircraft material is sound or functioning correctly;
(lxxxvi) “maintenance documents”, in relation to an aircraft, means any of the following documents:
(a) documents issued by the Director-General for the purposes of the maintenance of the aircraft; and
(b) documents issued by a person other than the Director-General and approved by the director- General for use for the purposes of the maintenance of the aircraft;
(lxxxvii) “major damage”, in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property;
(lxxxviii) “major defect”, in relation to an aircraft, means a defect of such a kind that it may affect the safety of the aircraft or cause
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the aircraft to become a danger to person or property;
(lxxxix) “Manager” means the Manager appointed by the Director General or any person performing the duties of Manager at an aerodrome or at an airport or designated as being the Manager or in charge of an aerodrome or of an airport;
(xc) “manoeuvring area” means the part of an aerodrome to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing, excluding aprons;
(xci) “meteorological information” means all classes of meteorological reports, analysis, forecasts, warnings, advices and revisions or amendments thereto which may be required in connection with the operation of air routes;
(xcii) “meteorological observation” means the qualitative or quantitative evaluation by instrumental or visual means of one or more meteorological elements at a place at a given time;
(xciii) “military aircraft”, in relation to Pakistan aircraft, means the aircraft or any part of the Defence Forces, and includes any aircraft commanded by a member of those Forces who is detailed for the purpose, and any aircraft being constructed for any part of the Defence Forces;
(xciv) “minimum descent height or altitude” means the minimum height or altitude specified by an operator in his operations manual at which an approach to landing which has been carried out by means of a non-precision approach aid must be discontinued if the required visual reference to continue the approach has not been established;
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(xcv) “minimum equipment list” means list, contained in an aircraft Flight Manual or equivalent certification document, which specifies the minimum scale of equipment in an aircraft which must be serviceable for the aircraft to carry out specified operations;
(xcvi) “movement area” means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons;
(xcvii) “night flight” means flight during night;
(xcviii) “notices to airmen” means notices to airmen published under these rules;
(xcvix) “operator” means a person, organization, or enterprise engaged in, or offering to engage in, an aircraft operation;
(c) “private operations” means flight operations, other than aerial work, charter, or regular public transport, in which no remuneration, hire, or reward is given to the pilot, the owner, or the operator of the aircraft in respect of that flight or the purpose of that flight;
(ci) “prohibited area” means an area designated by the Director- General under rule 67 to be a prohibited area;
(cii) “public transport service” means a service for the carriage of persons or cargo for hire or reward;
(ciii) “regular public transport operations” means flight operations in which an aircraft is used for the carriage of passengers or
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cargo for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals, and any reference to “regular public transport” has a corresponding meaning;
(civ) “regular public transport aircraft” means an aircraft engaged on regular public transport operations;
(cv) “registered aircraft” means an aircraft registered under these rules;
(cvi) “reporting point” means a specified geographical location in relation to which the position of an aircraft can be reported;
(cvii) “rest period” means a period of time on the ground during which a crew member is relieved of all duties by the operator;
(cviii) “restricted area” means an area designated by the Director- General under rule 67 to be a restricted area;
(cix) “runway” means a defined rectangular area on an aerodrome prepared for the landing and take-off of aircraft;
(cx) “runway visual range” means the distance that the pilot of an aircraft on the centre line of a runway can see the markings or the lights delineating the runway, and in the case of an aircraft in flight, the distance communicated to the pilot-in-command of that aircraft by the Air Traffic Service unit at an aerodrome shall be taken to be the runway visual range at that aerodrome;
(cxi) “servicing”, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and
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other fluids that are necessary for its operation, but does not include any work that is maintenance;
(cxii) “signal area” means a selected part of an aerodrome used for the display of ground signals so that they will be visible to aircraft in the air;
(cxiii) “Special Visual Flight Rules” means an authorization by an air traffic control unit for a controlled flight to operate within a control zone, in meteorological conditions which preclude compliance with the Visual Flight Rules, other than in compliance with the Instrument Flight Rules;
(cxiv) “taxiing” means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing, but including, in the case of helicopters, operation over the surface of an aerodrome within a height band associated with ground effect and at speeds associated with taxiing;
(cxv) “taxiway” means a defined path on an aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another;
(cxvi) “track” means the projection on the earth’s surface of the path of an aircraft the direction of which at any point is expressed in degrees from North; and
(cxvii) ” visibility” means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and lighted objects by night.
(2) The terms defined in the Civil Aviation Ordinance, 1960 (XXXII of 1960), and used in these rules shall have the same meaning as
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assigned to them under the ordinance.
3. Interpretation.- (1) Unless the contrary intention appears, any reference in these rules to the classification of a particular aircraft shall be read as a reference to the classification of the aircraft according to function, as a private aircraft, aerial work aircraft, charter aircraft or regular public transport aircraft, as the case may be, and any reference to a division of aircraft into classes shall have a corresponding meaning. (2) Any reference in these rules to the owner of an aircraft, except in rules 8,10,21, 33, 270 or 333, shall, where under a contract of hire or charter agreement, the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.
(3) A reference in these rules to height shall be read as a reference to:
(a) the vertical distance of a level or a point or, if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water; or
(b) the vertical dimension of the object; as the case requires.
(4) For the purpose of these rules, any reference to endorsement in a licence or other document shall be read as a reference to endorsement on the document, and matter shall be deemed to be endorsed on a document if it is written on any part of the document.
(5) A provision in these rules that requires, prohibits or authorizes the doing by an aircraft or a person of an act or thing at night or by night shall be read as a provision that requires, prohibits or
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authorises as the case may be, the doing by the aircraft or the person of the act or thing when the aircraft or person is at or over a place:
(a) if a period has been determined in accordance with rule 364 in respect of the area in which the place is, at any time in that period; or
(b) in any other case, at any time after evening civil twilight has ended and before morning civil twilight at that place next commences.
PART II – ADMINISTRATION
4. Duties and Powers of the Director General.- (1) The Director- General shall, subject to the directions of the Federal Government, be charged with the administration of these rules, and shall exercise and perform all the powers, and functions conferred on the Director-General by these rules.
(2) Without prejudice to the generality of sub rule (1) for the purpose of exercising his powers, or implementing these rules, the Director-General may:
(a) at all reasonable times enter any place to which access is necessary;
(b) at all times during working hours enter that portion of any factory or place in which aircraft, or parts of aircraft, or aero engines, or parts of aero engines, are being manufactured, overhauled, repaired or assembled, and inspect any such factory or place, aircraft, aero engine, or parts or documents relating thereto;
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(c) at any time inspect any aircraft which is required by these rules to be certified as airworthy, or in respect of which a certificate of Airworthiness is in force;
(d) enter, inspect and search any aircraft registered in Pakistan, or in a contracting State, for the purpose of securing compliance with any of these rules;
(e) at any time conduct or direct such examination or test of the holder of a licence as may be considered necessary to establish the continued medical fitness or the proficiency of the licence holder in the capacity authorized by the licence;
(f) require the production of any document, licence permit or log book related to the operation of an aircraft if in the opinion of the Director-General, or the authorized person, it is necessary for the purpose of inspecting the same;
(g) subject to the provisions of rule 236, board any aircraft registered in Pakistan, prior to its departure, if his purpose is a flight inspection of the operation of that aircraft, or of the performance of its crew ; and
(h) the Director General, may with the approval of the Federal government, issue Operating Regulations to meet the requirements of the International Civil Aviation Organisation Standards, Recommended Practices and Procedures.
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(3) Wherever the Director-General is empowered or required under these rules to issue any direction, or to give any permission, approval or authority, he may unless the contrary intention appears in the rule conferring the power or function, or imposing the obligation or duty, issue the direction, or give the permission, approval or authority by writing under his hand or by inclusion in Air Navigation Orders or airworthiness notices, or air safety circulars and at any time that he deems it necessary to publish information relating to conditions or requirements under these rules he may do so, by including such information in the Aeronautical Information Publication, or in NOTAMS or in aeronautical information circulars, or in airworthiness notices, or air safety circulars, or in Civil Aviation Authority Publications, or by writing under his own hand, as he considers appropriate.
(4) The Director-General shall maintain close liaison with the Pakistan Air Force in matters of common interest.
5. Delegation of Powers.- The Federal Government or the Authority or the Director-General may by order in writing direct that any power or function conferred upon, or entrusted to, it, under these rules shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or performed by :
(a) any officer or authority subordinate to it or him, or
(b) any other person.
PART III – REGISTRATION AND MARKING OF AIRCRAFT
Section 1 – REGISTRATION OF AIRCRAFT
6. Pakistan Aircraft Register.- (1) The Director-General shall
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maintain a register of aircraft which shall be called the Pakistan Aircraft Register and which shall be kept in such form as the Director-General may determine.
(2) The Pakistan Aircraft Register shall be made available for inspection at such times and subject to such conditions as the Director-General may specify.
7. Unregistered aircraft not to fly.- An aircraft other than a military aircraft shall not fly in Pakistan unless it has been included in the Pakistan Aircraft Register or has been registered in a contracting State.
8. Application for registration of an aircraft.- (1) An application for the inclusion of an aircraft in the Pakistan Aircraft Register and for the issue of a certificate of registration shall contain:
(a) the name of the manufacturer; (b) the manufacturer’s designation of the aircraft; (c) the serial number of the aircraft; (d) the name and addresses of all persons or organizations who have a legal interest as owners of the aircraft; (e) if the aircraft is the subject of a hire purchase or leasing agreement, the name and address of the person or persons or organization purchasing or leasing the aircraft; and (f) a declaration as to the truth of the statement set out in the application.
(2) An application made by two or more persons or organizations who hold joint interest as owner, hire purchasers or lessors of the aircraft shall in the application nominate one of them as the person or organization to whom the certificate of registration may be issued.
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(3) The holder of the certificate of registration of an aircraft registered in Pakistan shall notify the Director-General of any change in the particulars given in the application for registration within fourteen days of the change.
(4) Any transfer of ownership of an aircraft registered in Pakistan shall be notified to the Director-General by the person or persons acquiring ownership within fourteen days of the transfer.
(5) Any person or persons acquiring an interest in an aircraft registered in Pakistan under a hire purchase or leasing agreement shall notify the Director-General within fourteen days of such acquisition.
(6) A certificate of registration of an aircraft shall be returned to the Director-General by the holder when notifying a change in the registration particulars, or when the holder ceases to have an interest in the aircraft.
(7) On receipt of an application for registration of an aircraft, or notification of a change in the particulars given in an application for registration of an aircraft, the Director-General shall, when he is satisfied of the accuracy of the information given in the application, or notification, enter the relevant details in the Pakistan Aircraft Register and issue a certificate of registration to the owner of the aircraft, or to the person nominated in the application or notification as the person to whom such a certificate may be issued.
(8) No registered aircraft, whether its certificate of registration is in force or not, shall be leased outside Pakistan nor shall there be any change, partial or otherwise in the ownership, possession or use of the aircraft otherwise transferred to any person, company or corporation, without the prior permission in writing of the Director-General.
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9. Aircraft not eligible for registration.- An aircraft which is not intended for use as a flying machine shall not be eligible for inclusion in the Pakistan Aircraft Register.
10. Cancellation of registration.- (1) The person, or persons, or organization named in Pakistan Aircraft Register as the owner, or owners of that aircraft shall inform the Director-General:
(a) if the aircraft suffers destruction; (b) if it is permanently withdrawn from use; or (c) if it is transferred to the aircraft register of another State.
(2) In each case the certificate of registration shall be deemed to be cancelled, and if it is in the possession of the owner or owners, it shall be forwarded to the Director-General.
(3) The holder of a certificate of registration in respect of a registered aircraft may, at any time, apply to the Director-General for the cancellation of the registration of the aircraft and the Director-General may cancel the registration and the holder shall surrender such certificate to the Director-General.
11. Aircraft not to have dual registration.- An aircraft registered in Pakistan shall not at the same time be registered in another State.
12. Aircraft to carry certificate of registration.- The certificate of registration issued by the Director-General in respect of an aircraft registered in Pakistan shall be carried in that aircraft at all times.
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Section 2 – MARKING OF AIRCRAFT
13. Nationality and registration marks.- (1) The nationality mark of an aircraft registered in Pakistan shall be the letters “AP”.
(2) The registration mark of an aircraft registered in Pakistan shall be the group of three letters assigned to the aircraft and included in its certificate of registration.
(3) The nationality and registration marks allocated to an aircraft shall be painted on its structure or affixed by any other means giving a similar degree of permanence and shall be clean and visible at all times.
(4) An aircraft registered in Pakistan shall carry an identification plate inscribed with its nationality and registration marks. The plate shall be made of fireproof material and shall be secured to the aircraft in a prominent position near the main entrance.
14. Position and size of marks.- (1) The nationality and registration marks on aircraft registered in Pakistan shall comply with this rule.
(2) On an airship, the marks shall be located on the hull or on the stabilizer surfaces; if the marks are located on the hull they shall be placed lengthwise on each side of the hull and also on its upper surface on the lie of symmetry. If the marks are located on the stabilizer surfaces they shall be positioned on the horizontal and on the vertical stabilizers; the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface with the tops of the letters towards the leading edge; the marks on the vertical stabilizer shall be located on each side of the bottom half of the stabilizer, with the
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letters placed horizontally. The marks shall be at least fifty cms in height.
(3) On a spherical balloon other than an unmanned free balloon, the marks shall be located in two places diametrically opposite each other and near the maximum horizontal circumference of the balloon; the marks shall be visible from the sides and from the ground and shall be at least fifty cms in height.
(4) On a non-spherical balloon, other than an unmanned free balloon, the marks shall be located on each side near the maximum cross section of the balloon immediately above the rigging band, or immediately above the points of attachment of the basket suspension cables; the marks shall be visible from the sides and from the ground and shall be at least fifty cms in height.
(5) On an aircraft which is heavier-than-air the marks shall be located on the left half of the lower surface of the wing structure, or extending across the whole of the lower surface of the wing structure. The marks shall be equidistant from the leading and trailing edges of the wings or as close to this position as possible, with the tops of the letters towards the leading edge of the wing. Marks shall be located on each side of the fuselage, or equivalent structure, between the wings and the tail surface, or shall have the marks on each side of the upper half of the vertical tail surface and if the vertical tail unit has multiple surfaces, the marks shall be positioned on the outboard sides of the outer surfaces. The marks on the wings shall be at least fifty cms in height, and on the fuselage or equivalent structure, or on the vertical tail surfaces, they shall be at least thirty cms in height.
(6) The type of letters for nationality and registration marks and their dimensions shall be as follows:
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(a) the letters shall be capital letters in Roman characters without ornamentation; (b) the letters in each separate group of marks shall be of equal height; (c) except for the letter “I”, the width of each letter and the length of a hyphen shall be two-thirds of the height of a letter;
(d) the letters and hyphens shall be formed by solid lines, the thickness of which shall be one-sixth of the height of a letter and shall be of a colour contrasting clearly with the background; (e) each letter shall be separated from that which it immediately precedes or follows by a space of not less than one quarter of the width of a letter and for this purpose a hyphen shall be regarded as a letter.
(7) If an aircraft does not possess structures corresponding with those mentioned in the applicable part of this rule the nationality and registration marks shall appear on the aircraft in such position and of such size as the Director-General shall determine.
15. Aircraft not to carry emblems or signs.- An aircraft registered in Pakistan shall not have on its exterior surface any emblem, sign or lettering which would interfere with the easy recognition of its nationality and registration marks, and shall not display any advertisement on its exterior surface without the permission in writing of the Director-General. PART IV – AIRWORTHINESS REQUIREMENTS
Section 1 – CERTIFICATE OF AIRWORTHINESS
16. Aircraft to have a certificate of Airworthiness.-An aircraft registered in Pakistan shall not fly unless there is, relating to that aircraft,
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a current certificate of Airworthiness issued or validated by the Director- General, except that: (a) an aircraft that has previously been given a certificate of Airworthiness may fly, subject to approval by the Director-General for the purpose of qualifying the aircraft for the re-issue of the certificate, or if the aircraft has suffered damage, to position the aircraft at an aerodrome at which the repairs necessary to restore it to an airworthy condition can be carried out, provided that in each case it has been certified as fit to fly by a person authorized to do so under these rules and it does not carry passengers or cargo, or any persons other than those required to perform duties in the aircraft related to qualifying it for the re-issue of the certificate of Airworthiness or to positioning it at another aerodrome;
(b) an aircraft that has been constructed in Pakistan may fly, subject to the issue of a permit to fly by the Director- General, for the purpose of qualifying the aircraft for the issue of a certificate of Airworthiness provided that it has been certified as fit to fly by a person duly authorized by the Director-General and it does not carry passengers or cargo, or any persons other than those related to qualifying it for the issue of a certificate of Airworthiness; and
(c) Where an aircraft is to be exported from Pakistan, the Director-General may issue an export certificate of Airworthiness in such form as he may prescribe in the circumstances of the case in respect of the aircraft. An export certificate of Airworthiness is not a certificate of Airworthiness for the purpose of these rules.
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17. Foreign aircraft to have a certificate of Airworthiness.- An aircraft registered in a State other than Pakistan shall not fly within Pakistan unless there is relating to that aircraft, a current certificate of Airworthiness issued or validated by the State of registry of the aircraft.
18. Issue of certificate of Airworthiness.- (1) The Director-General shall issue or validate a certificate of Airworthiness subject to such conditions as he sees fit when he is satisfied that:
(a) there has been issued by the appropriate authority of the State from which the aircraft has been exported to Pakistan, a certificate with respect to the Airworthiness of the aircraft that is acceptable to the Director-General; or
(b) the aircraft was manufactured by the holder of a certificate of approval issued by the Director-General with respect to that manufacture.
(2) A certificate of Airworthiness issued or validated under this rule shall be valid for such period as the Director-General may determine not exceeding twelve months from the date of issue.
18A. Issuance of design standards.- (1) The Director- General may issue a design standard in respect of a type of aircraft or aircraft component, provided that –
(a) a person applies under rule 18B for approval of the drawing and specification of a type of aircraft or aircraft component; or
(b) a person applies under clause (b) of rule 19 or clause (b)
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of rule 27 for giving approval relating to a type of aircraft or component, in respect of which an appropriate design standard is not in force under this rule.
(2) The design standard shall set out the specifications with which the Director-General considers an aircraft, or aircraft component of the type to which the design standard relates, shall conform if the aircraft, or any aircraft in which the aircraft component is fitted, is capable of being flown with safety in normal operations in accordance with these rules.
18B. Issuance, suspension or cancellation of type approval certificate:- (1) A person may apply to the Director-General for a certificate of type approval in respect of a type of aircraft or aircraft component, if he furnishes to the Director-General the drawings and specifications of the type of aircraft, or aircraft component, to which the application relates and such other documents or other evidence as the Director General may require relating to the suitability for aeronautical purposes of an aircraft or aircraft component of that type,
(2) If the Director-General is satisfied that an aircraft, component of that type conforms with any design standards in force under rule 18A, in respect of the type and is suitable for aeronautical purposes, he shall—
(a) if the drawings and specifications of the type of aircraft, or aircraft component furnished to him have not been marked as approved by an authorized person, approve those drawing and specifications and mark them as having been approved by the Director-General; and
(b) issue to the applicant a certificate of type approval for the type of aircraft or aircraft component.
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(3) The Director-General may, from time to time, direct the holder of a certificate of type approval, by notice in writing to furnish such documents or other evidence as he may require relating to the suitability for aeronautical purposes of an aircraft or aircraft component of the type to which the certificate relates.
(4) If the holder of a certificate fails to comply with any of the requirements of sub-rule(2) or the Director-General is satisfied that there is evidence to show that there is a defect in the design of the aircraft component of the aircraft or to make such aircraft a danger to person or property, the Director-General may, subject to rule 341, by order in writing suspend the certificate of type approval and cancel the aforesaid certificate with the prior approval of the Federal Government.
18C. Certificate of type approval to remain in force.- The Director- General may, by Air Navigation Orders, direct that before a certificate of Airworthiness is issued in respect of an aircraft of a type specified in the direction or in respect of an aircraft in which is fitted an aircraft component of a type specified in the direction, a certificate of type approval, issued under rule 18(B), in respect of the type of aircraft or aircraft component, as the case may be, shall remain in force.
18D. Inspection and flight tests:- (1) During the course of construction, the aircraft shall be inspected in accordance with a system of inspection as approved by the Director-General to determine that it conforms in all essential respects with the approved design and that its construction and assembly are satisfactory.
(2) the aircraft shall be subjected to such flight tests as are deemed necessary by Director-General to ensure compliance with the airworthiness requirements.
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19. Conditions of validity of certificates of Airworthiness.- A certificate of Airworthiness issued by the Director-General in respect of an aircraft shall cease to be current:
(a) after the date of expiry included in the certificate;
(b) if the aircraft, or any of its equipment which is essential to the continued Airworthiness of the aircraft, is overhauled or repaired, or such equipment is removed or replaced, other than in a manner which complies with the maintenance and repair procedures issued by the aircraft manufacturer and any maintenance schedule issued by the State of manufacture of the aircraft and approved by the Director-General;
(c) if any inspection of the aircraft, or of the aforementioned essential equipment, required by the approved maintenance procedure or schedules is not carried out;
(d) if any modification specified by the State of manufacture, or by the Director-General, as essential for the continued Airworthiness of the aircraft is not carried out;
(e) if any modification is carried out, or equipment installed, other than as approved by the Director-General;
(f) if any Airworthiness directive issued by the State of manufacture, or a directive issued by the Director- General, is not complied with; or
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(g) if the aircraft has sustained damage of such a nature that in the opinion of a maintenance engineer licensed under these rules, or employed by a maintenance organization approved under these rules, it is no longer fit to fly.
20. Certificate of Airworthiness to be subject to conditions.- A certificate of Airworthiness issued by the Director-General shall be subject to such conditions as may be attached to it, or to any conditions included in the Flight Manual or other certification document for the aircraft, or to any conditions specified in air navigation orders from time to time.
21. Aircraft not airworthy.- (1) If the Director-General has reason to believe that an aircraft registered in Pakistan is not airworthy, he may direct that the aircraft shall not fly and may suspend or, with the prior approval of the Federal Government, cancel the certificate of Airworthiness in respect of that aircraft.
(2) When an owner or operator of an aircraft has been directed under sub-rule (1) that aircraft is forbidden to fly or that the certificate of Airworthiness has been suspended or cancelled, he shall take all actions within his power to ensure that this information is brought to the attention of any person who is likely to fly the aircraft or to issue certificate of maintenance or a certificate of release of service in respect of the aircraft.
22. Renewal of certificate of Airworthiness.- The renewal of a certificate of Airworthiness in respect of an aircraft registered in Pakistan shall be dependent on compliance with the conditions and requirements related to the inspection and maintenance procedures for that aircraft as may be specified by the Director-General.
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Section 2 – APPROVAL OF AIRCRAFT CONSTRUCTORS, SUPPLIERS, STOCKISTS AND DISTRIBUTORS OF AIRCRAFT COMPONENTS AND MAINTENANCE ORGANIZATIONS
23. Approval of Persons or organizations.- (1) An aircraft shall not be constructed nor any part of an aircraft or equipment to be installed in an aircraft be manufactured in Pakistan except in conformity with the Airworthiness design standards specified by the Director-General.
(2) A person or organization within Pakistan shall not act as an aircraft constructor, or as a supplier, or stockist, or distributor of aircraft components to be issued in the construction, maintenance or operation of aircraft unless that person or organization has the approval of the Director-General to perform that function.
(3) Applicants for an approval under this rule shall comply with such requirements as the Director-General may specify and any approval shall be subject to such conditions as the Director-General may attach to it.
(4) An approval given under this rule shall be valid for such period as the Director-General may specify not exceeding one year.
24. Suspension or cancellation of approval.- If the Director- General has reason to believe that a person or organization holding an approval as an aircraft constructor, or as a supplier, or stockist, or distributor of aircraft components has ceased to comply with the conditions for approval, he may subject to the provisions of rule 341, suspend such approval for such period as he sees deems fit, or may cancel it.
25. Approval of maintenance organizations.- (1) Maintenance or
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inspection of aircraft registered in Pakistan shall not be carried out other than by an approved maintenance organization or by persons licensed or otherwise authorized to do so under these rules.
(2) An aircraft maintenance organization within Pakistan shall obtain the approval of the Director-General and shall comply with such directions as he may give before commencing operation.
(3) Applicants for an approval under this rule shall comply with such requirements as the Director-General may specify and any approval shall be subject to such conditions as the Director-General may attach to it.
(4) Aircraft registered in Pakistan shall not be maintained or modified, or repaired by an organization outside Pakistan except with the approval of the Director-General.
(5) An approval given under this rule shall be valid for such period as the Director General may specify, not exceeding one year.
(6) An operator shall provide for the proper and periodic instruction of all maintenance personnel and the training programme shall be subject to the approval of the Director-General.
26. Suspension or cancellation of approval of a maintenance organization.- If the Director-General has reason to believe that a maintenance organization has ceased to comply with the conditions for approval, he may, subject to the provisions of rule 341, suspend such approval for such period as he deems fit, or may cancel it.
Section 3 – MAINTENANCE OF AIRWORTHINESS
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27. Maintenance, inspection and servicing of aircraft.- An aircraft registered in Pakistan shall not fly unless;
(a) the aircraft, including its engines, equipment and radios, has been maintained and periodically inspected in accordance with the maintenance procedures approved in respect of that aircraft by the Director-General; and
(b) any repairs, replacements or modifications have been carried out in a manner approved by the Director- General; and
(c) all modifications and inspections deemed mandatory by the Director-General have been carried out within the prescribed time periods, or within such extended periods as may have been authorized by the Director-General; and
(d) all defects entered in the aircraft technical log have been rectified, or have been deferred in accordance with procedures approved by the Director-General; and
(e) the aircraft has been serviced and replenished in accordance with the procedures specified in the flight manual or maintenance documents, using the substances or materials specified therein, or as may be specified by the Director-General in Air Navigation Orders, or by other means; and
(f) in the case of aircraft in respect of which a certificate of airworthiness in the private category has been issued, a certificate of maintenance has been completed and
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signed by a person authorized to do so by the Director- General, to certify that all maintenance work has been completed satisfactorily and in accordance with the approved maintenance procedures and schedules; or
(g) in the case of aircraft in respect of which a certificate of airworthiness in the public transport category or aerial work category, has been issued:
(i) a certificate of release to service has been completed and signed by a person authorized to do so by the Director-General, being a certificate issued after overhauls, repairs, replacements, modifications and mandatory inspections have been carried out on that aircraft; and
(ii) a certificate of maintenance review has been completed and signed by a person authorized to do so by the Director-General, certifying that all maintenance specified in the approved maintenance schedule has been carried out within the time period specified therein, or within such extended period as may have been authorized by the Director-General.
27A. Directions for maintaining system certification.- (1) The Director-General may give directions—-
(a) to the holder of a certificate of approval;
(b) to the holder of an aircraft maintenance engineer licence (other than person acting in the course of his employment with an employer): or
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(c) to a person authorized to carry out maintenance of an aircraft, aircraft component or aircraft material, to submit to the Director-General or system of certification of the completion of stages of the activities to which his certificate, liecence or authority relates, and any other activities to which an aircraft maintenance licence, held by an employee, relates.
(2) Where a person submits the system of certification under sub-rule (4), the Director-General may approve the proposed system, with or without modifications, and direct the person to institute the system so approved.
(3) The Director General may give directions to a person referred to in sub-rule (1) requiring him in carrying out any activities to which his certificate, licence or authority relates and any other activities to which an aircraft maintenance engineer licence held by an employee relates, to institute such system of certification of the completion of stages of these activities as he may specify in the direction.
(4) A person to whom any direction under sub-rule (3) has been given shall :
(a) comply with the requirements of a system of certificate instituted by him in accordance with the direction, in so far as these requirements apply to him; or
(b) take all steps reasonably required to ensure that persons in his employment, working under an arrangement with him, comply with the requirements of the system instituted by him in accordance with the direction, in so far as those requirements apply in relation to them.
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27B. Issuance of Maintenance release.- (1) Maintenance release in respect of a registered aircraft shall be issued only by authorized persons and in such a manner, and in accordance with such form, as the Director- General may direct.
(2) The Director-General may give directions specifying the information to be entered on a maintenance release before its issue.
(3) Where a person is appointed as an authorized person for the purposes of this rules, the Director-General shall specify in the instrument of appointment the conditions that any maintenance release issued by such person shall be signed and where such release is issued on behalf of the authorized person by a specified person or by a person included in a specified class of persons.
(4) The Director-General may give direction with respect to the retention and transfer of maintenance release, and copies thereof, issued under this rule.
(5) The Director-General may give directions specifying the period during which a maintenance release shall remain in force.
(6) Unless the Director-General otherwise approves, a maintenance release shall not be issued in respect of an aircraft unless there is in force a certificate of Airworthiness in respect of the aircraft.
(7) A maintenance release shall not be issued in respect of an aircraft unless—-
(a) all maintenance in respect of the aircraft required to be carried out to comply with the requirements or conditions imposed under these rules have been certified in accordance with a system of certification instituted under
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rule 27A or in a manner acceptable to the Director- General for the purposes of sub-rule(1) of rule 28 to have been completed; or (b) in case of maintenance release in respect of flight for which exemption has been given under rule 363 and in respect of which directions regarding the maintenance of the aircraft given under clause(b) of rule 16 and rule 31 are required to be carried out shall comply with that direction as certified to have been carried out in accordance with the system of certification instituted under rule 27A to have been completed.
(8) For the purpose of clause(a) of sub-rule (7), the existence of an earlier maintenance release issued in respect of an aircraft may, in the absence of evidence to the contrary may be accepted by an authorized person as proof that all maintenance required to be carried out on the aircraft before the date of issue of the earlier maintenance release and certified to have been completed as required by the said sub-rule.
(9) A maintenance release shall bear an endorsement that the release is issued subject to conditions, set out in the endorsement, imposed for the purpose of ensuring the safety of air navigation.
(10) Where an aircraft has a permissible unserviceability, a maintenance release issued in respect of the aircraft, or other document approved for use as alternative to the maintenance release for the purposes of this sub-rule shall bear an endorsement—
(a) setting out each permissible unserviceablility that exists with respect to the aircraft;
(b) setting out such conditions, if any, with respect to the
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use of an aircraft with permissible unserviceabilities set out in any direction given under clause(a) of rule 16 and rule 31, in relation to those unserviceabilities as are not set out in any operations manual issued in respect to the aircraft or in relevant Air Navigation Orders; and
(c) stating that the maintenance release is issued subject to such conditions, whether set out in the maintenance release or other document or otherwise as may be specified.
(11) A person shall not issue a maintenance release in contravention of this rule:
Provided that nothing in this sub-rule shall apply in relation to a person by reason only that he has issued a maintenance release in contravention of the direction under this rule unless the direction has been served on such person by post or otherwise.
(12) A person shall not sign a maintenance release to be issued in pursuance of clause (a) of sub-rule (7) in respect of an aircraft if –
(i) the aircraft is in a damaged or defective condition;
(ii) the damage or defect is a major damage or defect, as the case may be; and
(iii) the damage or defect is not a permissible unserviceability;
(iv) he considers that maintenance carried out on the aircraft may have adversely affected the safety of the aircraft, the
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flight characteristics or the operating characteristics of any aircraft component, or any system of aircraft component installed in the aircraft;
(v) he is aware that certain maintenance required to be carried out on the aircraft has not been certified in accordance with a system of certification instituted under rules 27, 28 and 29 or in a manner acceptable to the Director-General; or
(vi) the information entered on the maintenance release is incorrect or does not contain all the information that is required under these rules.
(13) Nothing in clause (a) of sub-rule (7) and clause (v) of sub-rule (12) shall apply in relation to approved maintenance carried out by the pilot in command of the aircraft.
(14) Where a maintenance release is issued under this rule, or recommenced in force by virtue of rule 27C in respect of an aircraft, any other release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, shall cease to be in force.
27C. Condition in a direction to apply maintenance release.- The Director-General may, for the purpose of ensuring safety of air navigation, give directions that a condition set out therein apply to every maintenance release in force in respect of an aircraft of a kind specified in the direction on or after the date so mentioned.
27D. Suspension of maintenance release, etc.- (1) where the Director-General is satisfied that a condition set out, or applying in relation to, a maintenance release has not been complied with, he may suspend
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or cancel the maintenance release.
(2) A suspension or cancellation of a maintenance release under these rules shall not have effect in relation to a person until a notice of suspension or cancellation has been delivered by post on the person or the fact of suspension or cancellation has otherwise been brought to his notice.
27E. Duty of the owner of operator in case of suspension or cancellation of maintenance release.- Where directions setting out conditions that are applied in relation to a maintenance release of an aircraft given under rule 27C or a notice of suspension or cancellation of endorsement of release of an aircraft given under rule 27D has been delivered by post to the owner or operator of the aircraft or has otherwise been brought to his notice, the owner or operator shall use his best endeavors to ensure that the directions or the fact that maintenance release has been suspended or cancelled, as the case may be, is brought to the notice of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.
27F. Maintenance release to cease in force in certain cases.- (1) Where the owner, operator, flight crew member or an authorized person engaged (whether as an employee or on his own behalf), in the maintenance release in force, considers that :-
(a) (i) a requirement or condition imposed under these rules in respect of the maintenance of the aircraft has not been compiled with;
(ii) the aircraft has suffered major damage or has developed a major defect other than damage or defect
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that is a permissible unserviceability;
(iii) abnormal flight or ground loads have been imposed on the aircraft; and
(iv) maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of any aircraft component, or any system of aircraft component installed in the aircraft; and
(b) there is a likelihood that the aircraft shall be flown before:-
(i) the requirements or conditions referred to in clause (1) have been complied with;
(ii) the damage or defect referred to in sub-clause (ii) of clause (a) has been remedied;
(iii) any damage caused by the imposition of the abnormal loads referred to in sub-clause (iii) of clause (a) has been remedied; and
(iv) the characteristics referred to in sub-clause (iv) of clause (a) has been corrected, he shall sub- subset to clause (b), enter on the maintenance release, or other documents approved for use an endorsement signed by him setting out the facts of the situation and stating that the aircraft is unairworthy and the maintenance release shall cease to be in force.
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(2) A person is not required under sub-rule (1) to enter an endorsement on maintenance release, or other document approved, for use as an alternative to a maintenance release if :-
(a) the maintenance release was issued under clause (b) of sub-rule (7) of rule 27B; and
(b) the person considers that the ground for entering the endorsement existed at the time when the maintenance release was issued and was known to the person who issued the maintenance release or to a responsible employee of the person.
(3) Where the owner, operator, pilot in command, or an authorized person engaged (whether as an employee or on his own behalf) in the maintenance of, an aircraft, in respect of which a maintenance release is in force, becomes aware that the certificate of Airworthiness has been suspended or cancelled, he shall enter on the maintenance release an endorsement signed by him setting out the facts of the situation and stating that the aircraft is unairworthy and thereupon the maintenance release shall cease to be in force.
(4) Where an authorized person carries out maintenance on an aircraft in pursuance of an authorization under sub-rule (1) of rule 28 with a view to the aircraft being tested and there is in force a maintenance release issued under clause (a) of sub-rule (7) of rule 27B, the authorized person shall enter on the maintenance release setting out that he has carried out maintenance authorized under the relevant provision and that the aircraft requires testing and therefore, the maintenance release shall cease to be in force.
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27G. Re-commencement of maintenance release in certain cases.- (1) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of endorsement made under sub-rule (1) of rule 27F, the maintenance release shall again commence if the endorsement refers to :-
(a) requirements or conditions of the aircraft not having been complied with, and there is entered on the maintenance release or other document on which endorsement was made, and certification under rule 27A that the requirements or condition has been completed;
(b) to the aircraft having suffered major damage or having developed a major defect that is entered on the maintenance release or other document on which the endorsement was made a certification under rule 27A, that the maintenance required to remedy the damage or the defect, as the case may be, has been completed;
(c) to the aircraft having imposed on it abnormal flight or ground loads, there is entered on the maintenance release or other document on which the endorsement was made a certification in accordance the system of certification under rule 27A that the maintenance required to be carried out to check whether that the imposition has caused any damage to the aircraft, and to remedy any damage so caused, has been completed; or
(d) to the flight or the operating characteristics or system of aircraft component, installed in the aircraft there is
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entered in the maintenance release or other document on which the endorsement was made a certification instituted under rule 27A that the maintenance required to correct the flight or operating characteristics, as the case may be, has been completed.
(2) Where a maintenance release in respect of an aircraft ceases to be in force under rule 27F the maintenance release shall again commence to be in force if there is entered on the maintenance release or other document on which the endorsement was made a further endorsement signed by an authorized person canceling the first mentioned endorsement.
(3) An authorized person shall not make an endorsement under sub rule (2) unless he is satisfied that there is no reason why the endorsement to be cancelled should continue in force.
(4) A maintenance release that has ceased to be in force due to endorsement made under rule 27F shall not re-commence in force except by an endorsement made under this rule.
(5) This rule shall not have effect in relation to a maintenance release issued in respect of an aircraft if :-
(a) the period during the maintenance release is expressed to remain in force has expired; or
(b) a subsequent maintenance release has been issued in respect of the aircraft under clause(a) of sub-rule(7) of rule 27B.
28. Maintenance of commercial aircraft.- (1) All work carried out on a regular public transport aircraft, a charter aircraft, or an aerial work
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aircraft in respect of overhaul, repair, installation of equipment, or inspection shall be carried out by, or under the supervision of the holder of an appropriate licence, except that if the overhaul, repair, installation of equipment, or inspection is carried out by a maintenance organization approved under this Part such work may be carried out by, or under the supervision of a person or persons, approved by the Director-General for that purpose.
(2) A person, other than an authorized person employed by a maintenance organization approved under this Part shall not sign a certificate of release to service or a certificate of maintenance review in respect of a regular public transport aircraft, a charter aircraft, or an aerial work aircraft unless he is the holder of an appropriate licence.
(3) For the purpose of this rule, an appropriate licence shall be an aircraft maintenance engineer licence, issued or recognized as valid by the Director-General, authorizing the holder to carry out, or to supervise the overhaul, the repair, the installation of equipment, or the modification of such aircraft, or such part, or components, or equipment of aircraft as are included in the licence, and to certify as airworthy an aircraft or parts of an aircraft or components, or equipment as appropriate, following such overhauls, repairs, or modifications and to sign the appropriate certificate of release to service or certificate of maintenance review.
29. Maintenance of Private aircraft.- (1) A person shall not carry out work in respect of the maintenance, repair, installation of equipment or inspection of a private aircraft registered in Pakistan unless he is the holder of an appropriate aircraft maintenance engineer licence, or is an authorized person employed by a maintenance organization approved under this Part except that the owner or the pilot-in-command of a private aircraft may carry out work to the extent authorized by the Director-General from time to time.
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(2) For the purpose of this rule, an appropriate licence shall be an aircraft maintenance engineer licence issued or recognized as valid by the Director-General, authorizing the holder to carry out, or to supervise the overhaul, the repair, the installation of equipment, or the modification of such aircraft, or such part, or components, or equipment of aircraft as are included in the licence, and to certify as airworthy an aircraft, or parts of an aircraft, or components, or equipment, as appropriate, following such overhauls, repairs or modifications and to sign the appropriate certificate of maintenance.
30. Maintenance manuals.- The operator of an aircraft, other than a private aircraft, registered in Pakistan shall provide for the use and guidance of the personnel or organization engaged in the repair, overhaul or maintenance of his aircraft a maintenance manual approved by the Director-General which contains at least the following:
(a) procedures for servicing and maintenance;
(b) the frequency of each check, overhaul or inspection;
(c) the responsibilities of the various classes of skilled maintenance personnel;
(d) the servicing and maintenance methods;
(e) the procedure for preparing the certificate of maintenance review and the certificate of release to service, the circumstances under which these certificates are to be issued and the personnel authorized to sign them.
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31. Minimum Equipment List.- A regular public transport aircraft, or charter aircraft registered in Pakistan shall not fly unless all the items of equipment which are included in the minimum equipment list in the approved flight manual, or other certification document for the aircraft, as being required to be serviceable for the particular operation, are serviceable. No amendment shall be made to a minimum equipment list except with the approval of the Director-General.
32. Recording and reporting of defects.- (1) Any person concerned with the maintenance or operation of an aircraft registered in Pakistan who becomes aware of a defect in that aircraft shall take such action as may be necessary to record the defect in the appropriate maintenance document.
(2) An owner or operator of an aircraft registered in Pakistan which develops a defect, shall cause an investigation of the defect to be carried out and, if it is a major defect, shall make a report of the investigation as the Director-General may specify.
Section 4 – RECORDS OF MAINTENANCE
33. Operators to keep records.- (1) The operator of an aircraft registered in Pakistan shall ensure that a current maintenance record is kept which shall contain in respect of the entire aircraft:
(a) the empty mass and the location of the centre of gravity;
(b) a record of the addition or removal of equipment;
(c) details of the type and extent of maintenance work or modification or repair, the time in service and the date that the work was carried out; and
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(d) a chronological list of compliance with Airworthiness directives together with the method of compliance.
(2) In the case of a regular public transport aircraft, a charter aircraft, or an aerial work aircraft, the record kept under this rule shall include:
(a) in respect of the whole aircraft, the total time in service; (b) in respect of the major components of the aircraft, the total time in service, the date of the last overhaul, and the date of the last inspection; and (c) in respect of those instruments and equipments which are limited to a specified period in service, a record of their time in service which will enable their serviceability to be determined and the remaining part of their operating life to be computed, together with the date of last inspection.
(3) In the case of a private aircraft, the record kept under this rule shall include in respect of the whole aircraft and the major components;
(a) the total time in service; (b) the date of the last overhaul; (c) the time in service since the last overhaul, and (d) the date of the last inspection. In respect of the instruments and equipment, the record shall contain:- (i) such records of the time in service as may be necessary to determine the serviceability or to compute their operating life; and (ii) the date of the last inspection.
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(4) The owner or operator of an aircraft shall take such action as is necessary to ensure that records with respect to the aircraft are kept retained and transferred in accordance with any direction made by the Director-General.
(5) The maintenance record kept under this rule shall be retained for a period of not less than ninety days after the end of the operating life of the unit to which they refer.
(6) The owner or operator of an aircraft in respect of which entries under this rule are made in a record carried in the aircraft, shall copy such entries in a form approved by the Director-General and shall arrange for such a copy to be kept in a safe place on the ground.
Section 5 – RADIO EQUIPMENT IN AIRCRAFT
34. Radio equipment to be licensed and approved.- Radio equipment shall not be installed in an aircraft registered in Pakistan unless:
(a) there is in respect of such radio equipment a licence issued by the Federal Government;
(b) the installation in the aircraft has been approved by the Director-General; and (c) the equipment is of a type approved by the Director- General and complies with such directions issued by him in respect of airworthiness requirements.
PART V – PERSONNEL LICENCES
Section 1 – FLIGHT CREW LICENCES
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35. Flight crew members to hold licences.- (1) A person shall not act as a member of the flight crew of an aircraft registered in Pakistan or operate a radio telephone on board such an aircraft unless he is the holder of an appropriate licence issued, or validated by the Director- General.
(2) Within Pakistan a person shall not act as a member of the flight crew of an aircraft registered in another State or operate the radio telephone on board such an aircraft unless he is the holder of an appropriate licence issued or validated by the State of Registry of the aircraft.
(3) For the purpose of this rule an appropriate licence shall be a licence which entitles the holder to perform the functions which he undertakes in the aircraft concerned, on the flight on which it is engaged.
36. Issue of licences.- The Director-General shall issue licences and ratings under this Part, subject to such conditions as he thinks fit in the interest of flight safety, authorising the holder to act as a member of a flight crew of an aircraft registered in Pakistan, when he is satisfied that the applicant for a licence or rating is a fit person to hold the licence or rating and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity authorized by the licence or rating; for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Director-General may require of him as may be specified in Air Navigation Orders.
37. Flight crew licences.- (1) Licences granted under this Part shall be one of the following:
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(i) A student pilot licence being a licence authorizing the holder to receive practical flight instruction, and to fly solo, within the territorial boundaries of Pakistan for the purpose of qualifying for the issue of a higher category of licence.
(ii) A private pilot licence being a licence authorizing the holder to fly as pilot-in-command or as co-pilot of a private aircraft, provided that the appropriate aircraft, class or type rating is included in the licence, or to fly an aerial work aircraft for the purpose of receiving practical flight instruction.
(iii) A commercial pilot licence being a licence authorizing the holder to act as pilot-in-command in any private aircraft or to act as pilot-in-command in any aerial work or charter aircraft having a maximum certificated take-off mass of 5,700 kgs or less; to act, subject to the approval of the Director-General and on other than international operations, as pilot-in-command of a regular public transport aircraft having a maximum certificated all up mass of 5,700 kgs or less; to act as co-pilot of a private, aerial work or charter aircraft, or with the approval of the Director- General, of a regular public transport aircraft provided that in each case the appropriate aircraft, class or type rating is included in the licence.
(iv) A senior commercial pilot licence being a licence authorizing the holder to act as pilot-in-command of any private or aerial work, or charter aircraft, or, with the approval of the Director-General, of a regular public transport aircraft, having a maximum certificated take-off mass of 20,000 kgs or less and to act as co-pilot in any private, aerial work, charter, or regular public transport aircraft provided that in each case the appropriate aircraft type rating is included in the licence. (To be deleted after discussion with DLS
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(v) An airline transport pilot licence being a licence authorising the pilot to act as pilot-in-command or as co-pilot, in any private, or aerial work, or charter, or regular public transport aircraft provided that in each case, the appropriate aircraft, class or type rating is included in the licence.
(v) A Glider Pilot Licence being a licence authorising the holder to act as pilot-in-command of any glider provided that the appropriate glider rating is included in the licence.
(vi) a Free Balloon Pilot Licence being a licence authorizing the holder to act as pilot-in-command of a free balloon provided that the appropriate balloon rating is included in the licence.
(vii) A flight engineer licence being a licence authorizing the holder to act as flight engineer in any aircraft; provided that the appropriate aircraft type rating is included in the licence.
(viii) A flight navigator licence authorising the holder to act as flight navigator in any aircraft.
(ix) A flight radio telephone operator licence being a licence authorizing the holder to operate the radio telephone equipment in any aircraft in which he is authorized to act as a member of the flight crew.
(2) The holder of a licence granted under this Part other than a student pilot licence shall not exercise the privileges of that licence unless it contains a valid certificate of examination or a valid certificate of experience as may be specified by the Director-General in Air Navigation Orders.
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(3) The holder of a pilot licence except Free Balloon Pilot licence and Glider Pilot licence may exercise the privileges of the licences for a further period as specified in these rules or Air Navigation Orders unless the higher licence is suspended or cancelled under these rules.
38. Validity of Licences.- In addition to such conditions and limitations as imposed under these Rules, licences issued under this Part, other than Aircraft Maintenance Engineer Licence, shall become valid on the day of issue and shall remain valid thereafter, subject to periodical medical assessments, professional examinations and requirements of experience as may be specified by the Director-General in Air Navigation Order.
39. Requirement to hold an appropriate rating.- (1) A person holding a licence issued or validated by the Director-General shall not exercise the privileges of his licence by:
(a) acting as pilot, or as a flight engineer on an aircraft unless a rating appropriate to the class or type of aircraft is included in his licence;
(b) acting as the pilot of an aircraft engaged in agricultural operations unless an agricultural rating is included in his licence;
(c) acting as the pilot-in-command of an aircraft under Instrument Flight Rules unless an instrument rating is included in his licence;
(d) giving flight instruction required for the issue of a pilot licence or for the issue of a rating unless he holds a flight
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instructor rating endorsed on his licence and in the case of flight instruction for the issue or renewal of an instrument rating, also holds an instrument rating; or
(e) acting as pilot-in-command of an aircraft whilst towing a light glider unless he holds a towing rating endorsed in his licence.
(2) A rating for a specific class or type of aircraft shall entitle the holder of a pilot licence to act as pilot-in-command, or as co-pilot whichever is authorized by the rating, in that class or type of aircraft.
(3) A type rating for a specific type of aircraft shall entitle the holder of a flight engineer licence to act as a flight engineer in that type of aircraft.
(4) Notwithstanding the provision of this rule a pilot may with the permission of the Director-General fly a single seat aircraft without a rating for that aircraft provided that the flight is for the purpose of qualifying for the issue of that rating.
40. Requirement to hold a medical assessment.- (1) A person holding a licence issued authorising him to act as a member of flight crew shall not do so, unless he holds a current medical assessment of an appropriate class. A medical assessment shall become current on the date it is issued and shall remain valid as determined in sub-rule (3) and subject to standards determined by the Director-General.
(2) There shall be established the following two classes of medical assessment, namely :-
(a) Class 1 medical assessment shall apply to applicants for, and holders of,
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(i) Commercial pilot licence; (ii) Airline transport pilot licence; (iii) Flight navigator licence; and (iv) Flight engineer licence; and
(b) Class II medical assessment shall apply to applicants for, and holders of,–
(i) Student pilot licence; (ii) Private pilot licence; (iii) Glider pilot licence; and (iv) Free balloon pilot licence.
(3) A medical assessment shall be valid for the period not exceeding:
(a) twenty four months for student and private pilot licences; (b) twelve months for commercial and airline transport pilot licences; (c) twenty four months for glider and free balloon pilot licences; and (d) twelve months for flight engineer and flight navigator licences.
(4) When the holders of airline transport pilot, commercial pilot, flight engineer and flight navigator licences have passed their fortieth birthday, the twelve months’ validity period, or in case of private, glider and free balloon pilot licence the twenty four months medical assessment validity period shall be reduced to six and twelve months, respectively.
(5) Licence holder shall not exercise the privileges of their
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licences and related rating at any time when they are aware of any decrease in their medical fitness which might render them unable to safely exercise these privileges.
(6) Where an applicant for the grant of a licence under this sub-rule fails to meet the medical standards, the Director-General may grant the licence subject to the following conditions, namely:-
(a) an Accredited Medical conclusion indicates that in special circumstances the applicant’s failure to meet any requirement, numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardize flight safety;
(b) relevant ability, skills and experience of applicant and operational conditions have been given due consideration; and
(c) the licence is endorsed with any special limitation or limitations when the safe performance of the licence holder’s duties is dependent on compliance with such limitation or limitations.
(7) The Director-General may in his discretion determine standards and specify instructions and conditions in the Air Navigation Orders;
41. Temporary unfitness.- (1) A person holding a licence issued under this Part, which includes a current medical assessment, who:
(a) suffers any personal injury affecting his capacity to function as a member of a flight crew;
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(b) suffers any illness affecting his capacity to function as a member of a flight crew throughout a period of twenty days or more; or (c) is a woman who becomes pregnant; shall inform the Director General as soon as possible.
(2) The medical assessment shall be deemed to be suspended on the occurrence of such an injury, illness or pregnancy referred to in sub-rule (1) and shall not again become current until the holder has undergone such medical examination as the Director-General may specify.
(3) The holder of a medical assessment issued under this Part shall not exercise the privileges of his licence if he is aware that his capacity to efficiently perform his duties is likely to be impaired by a decrease in his medical fitness, or by a period of fasting.
42. Recent experience requirements.- The holder of a licence issued under this Part shall not exercise the privileges of his licence by acting as a pilot, flight engineer or flight navigator unless he has satisfied the requirements for recent experience in accordance with the requirements specified by the Director-General in Air Navigation Orders.
43. Validated licences – experience requirements.- A validation by the Director-General of a licence issued by another contracting State shall not continue to be valid unless the holder complies with the requirements of these rules in respect of recent experience and competence or unless he can demonstrate to the satisfaction of the Director-General that he has complied with equivalent requirements in the State of issue of his licence.
44. Age limit for Pilots.- The holder of a commercial pilot licence, or a senior commercial pilot licence, or an airline transport pilot
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licence who has attained his sixtieth birthday shall not act as pilot-in- command, or as co-pilot of: (a) a regular public transport aircraft on any flight, or (b) a charter aircraft on an international flight.
Section 2 – LICENSING OF PERSONNEL
OTHER THAN FLIGHT CREW MEMBERS 45. Flight operations officer licences.- The Director-General shall grant licences under this Part, subject to such conditions as he thinks fit, authorising the holder to act as a flight operations officer upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates and for that purpose the applicant shall furnish such evidence and undertake such examinations and tests as the Director-General may specify in Air Navigation Orders.
46. Requirement to hold flight operations officer licence.- A person shall not be employed by the holder of an air operator certificate for operational control duties, other than as an assistant, unless he holds a flight operations officer licence issued or validated by the Director- General authorising him to undertake such duties. 47. Flight Operations Officer – recent experience.- The holder of a flight operations officer licence shall not exercise the privileges of the licence unless he holds a certificate of his competence, issued in accordance with such requirements as the Director-General may specify in Air Navigation Orders.
48. Air Traffic Controllers to be authorized.- A person shall not act as an Air Traffic Controller in an Air Traffic services unit in Pakistan unless he is the holder of an appropriate licence or authorization issued by the
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Director-General and the terms and conditions for the grant of such licence or authorization shall be determined by the Director-General in Air Navigation Order.
49. Air Traffic Controller’s medical assessments.- (1) The holder of an appropriate licence or authorization to act as an Air Traffic Controller shall not exercise the privileges of that authorization unless he holds a current medical assessment class 3, and unless he has satisfactorily completed such periodic tests of his competence as may be specified by the Director-General in Air Navigation Order.
(2) A medical assessment class 3 issued under this rule shall become current on the date that it is issued and shall remain current for a period not exceeding twelve months.
50. Air Traffic Controller’s temporary unfitness.- (1) A person holding an appropriate licence or authorization to act as an Air Traffic Controller shall not exercise the privileges of that appropriate licence or authorization if he is aware that his capacity to efficiently perform his duties is likely to be impaired by a decrease in his medical fitness or by a period of fasting.
(2) Whenever the Director-General considers it necessary, in the interest of safety of air navigation, for the holder of an Air Traffic Controller Licence or authorization to demonstrate his continued fitness or proficiency in the capacity for which licence or authorize or any rating endorsed on the licence is held. The Director-General may require the holder of licence to undergo medical or other such examination.
51. Aircraft maintenance engineer licences.- (1) The Director- General shall grant aircraft maintenance engineer licences under this Part, subject to such conditions as he thinks fit, when he is satisfied that
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the applicant for such a licence is a fit person and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity authorized by the licence; for that purpose the applicant shall furnish such evidence, undergo such examinations and tests as the Director-General may specify in Airworthiness notices and Air Safety Circulars.
(2) The holder of an aircraft maintenance engineer licence shall be authorized to carry out, or to supervise, such overhauls, authorized repairs, or authorized modifications of such aircraft, or parts, or components, or equipment of aircraft as may be permitted by the licence, and to certify as airworthy such aircraft, or parts of an aircraft or components, or equipment as appropriate, following such overhauls, repairs, or modifications, and to sign a certificate of maintenance review or a certificate of release to service in respect of the aircraft included in the licence, within the limitations of the licence.
(3) Aircraft maintenance engineer licences issued under this Part shall become valid on the date of issue and shall remain valid for a period not greater than two years.
(4) Renewal of such licences shall be dependent on compliance with such requirements as may be specified by the
Director-General in Airworthiness notices.
PART VI – FLYING TRAINING
Section 1 – FLYING SCHOOLS
52. Flying Schools to be licenced.- A person or an organisation
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shall not give, or offer to give, instruction for the purpose of qualifying a candidate for the issue of a flight crew licence, or the endorsement of a rating thereon, under Part V, unless that person, or organisation, holds an appropriate licence and Air Operators Certificate granted by the Director- General.
53. Flying and ground school licences.- For the purpose of this Part, an appropriate licence shall be:
(a) a flying school licence class 1 (PPL), being a licence authorising the holder to carry out flying training and ground instruction to enable candidates to qualify for the issue of a private pilot licence and to qualify for the endorsement of aircraft ratings on such a licence;
(b) a flying school licence class 2 (CPL) being a licence authorising a person or organization to carry out flying training and ground instruction to enable candidates to qualify for the issue of a private pilot licence, or a commercial pilot licence and to qualify for the endorsement of ratings on such licences;
(c) a ground school licence being a licence authorising a person or organisation to carry out ground instruction to enable candidates to undertake examinations in the theoretical subjects required to be passed for the issue of flight crew licences and the endorsement of ratings thereon.
54. Issue of licence and Air Operators Certificate.- (1) The Director-General shall issue or renew a flying school licence, or a ground school licence, if he is satisfied that an applicant has complied with the
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requirements specified by him.
(2) On satisfactory demonstration by the applicant that his equipments organization, personnel, maintenance and other arrangements are adequate for carrying out the training authorized by the licence, the Director-General shall issue an Air Operator Certificate. For this purpose an applicant shall comply with such requirements as the Director-General may specify from time to time, in accordance with these rules.
55. Period of validity.- A licence issued or renewed under this Part shall be valid for a period of one year from the date of issue or renewal unless suspended or revoked by the Director-General.
56. Compliance with conditions of licence and Air Operators Certificate .- The holder of a licence granted under this Part shall comply with all the conditions attached to an Air Operators Certificate and shall conduct his operations at least to the standard required to qualify for the issue of the licence or Air Operator Certificate. Non-compliance with such conditions, or failure to maintain an adequate standard shall subject to the provisions of rule 341 result in the suspension or cancellation of the licence by the Director-General.
Section 2-TRAINING BY HOLDERS OF AIR OPERATOR CERTIFICATE
57. Exemption for holders of Air Operator Certificate.- Notwithstanding the provisions of this Part, the holder of an Air Operator Certificate issued under these rules shall be entitled to impart flying training or ground training to enable the holder of a flight crew licence, granted under Part V to qualify for the endorsement of an additional aircraft rating on his licence, or for the renewal of an instrument rating or
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to satisfy a requirement for recent experience provided that during flying training no persons are carried in the aircraft other than those essential for the operation, and provided that the person giving the flight instruction holds a valid flight Instructor, rating endorsed in his licence or a person so approved by the Director-General.
PART VII – PERSONAL FLYING LOG BOOKS
58. Flight crew members to maintain log books.- (1) The holder of a flight crew licence issued or validated by the Director-General shall maintain a personal flying log book containing a record of his flight time while acting as a member of a flight crew.
(2) A personal flying log book shall contain:
(a) the full name, address and date of birth of the licence holder; (b) details of the licence, or licences, held including the number, or numbers of such licences; (c) a record of each flight made by the licence holder including identification of the function performed; (d) the total flight time as a member of a flight crew.
(3) A personal flying log book maintained under this rule shall be in such form and kept in such manner as the Director-General may specify, in Air Navigation Orders and shall be retained until such time as the licence holder is permanently disqualified from holding his licence.
PART VIII – AERODROMES, FACILITIES AND SERVICES
Section 1 – AERODROMES AND FACILITIES
59. The Authority to provide aerodromes and facilities.-
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(1) The Authority:
(a) shall establish, provide, maintain and operate aerodromes, air routes, and airway facilities:
“Provided that the Authority shall obtain prior approval of the Federal Government for establishment of any new air route;
(b) may alter, abolish, remove or add to any such aerodromes and airway facilities; (c) may vary the character of any air route or airway facilities so established and provided, or of the signals or assistance given thereby.
(2) Aerodromes, air route and airway facilities, established or provided under this rule shall be under the control and management of the Director-General who shall, subject to these rules, determine the conditions of their use, and who may, with the prior approval of the Authority and of the Federal Government, designate air routes and airways and determine the conditions of their use.
(3) The Director-General shall, with the approval of the Authority, determine whether any aerodrome established under this rule, shall be open to public use.
(4) Users of aerodromes, air route and airway facilities shall pay such air route navigation charges, and landing and housing charges as may be laid down by the Authority.
60. Licensing of aerodromes.- (1) Upon application by the proprietor of any place, the Director-General may issue to him an aerodrome licence authorizing the use of the place as an aerodrome
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other than as an aerodrome described under clause (a) of sub rule (1) of rule 59.
(2) An aerodrome licence shall be issued subject to such conditions as the Director-General may consider necessary to ensure compliance with the convention and the safety of aircraft using the aerodrome.
(3) An aerodrome licence may be granted for a period not exceeding twelve months and may be renewed for any period not exceeding twelve months.
(4) Any tariff of charges for landing and length of stay at aerodromes licensed under this rule which are open to public use by aircraft shall be determined by the Authority on the recommendation of the Director-General.
(5) The movement area of an aerodrome licensed under this rule shall not be enlarged or reduced in size, or altered in any other manner except with the written approval of the Director-General.
(6) Subject to these rules, the Director-General may authorise the use of any place as an aerodrome for the purpose of landing and take-off of such types of aircraft, engaged in such classes of operations and subject to such conditions as the Director-General may specify.
61. Aircraft in Government Service to have access to aerodromes.- Notwithstanding anything contained in this Part, all aircraft belonging to or employed in the service of the Federal Government shall have access at all times to any licensed aerodrome.
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62. Availability of aerodromes.- (1) Aerodromes established or licensed under this Part and open to public use shall be available for use, together with all navigation facilities, including radio and meteorological services which are provided for public use for the safety and expedition of flight operations, by any aircraft registered in Pakistan or registered in a contracting State, at all times that the aerodrome is notified as available for use.
(2) Except in an emergency an aircraft shall not land at any aerodrome during any period when that aerodrome is not available for use, or land during the period between dusk and dawn at any aerodrome which has not been specified by the Director-General in the Aeronautical Information Publication as usable for night operations. An aircraft which lands during such a period in an emergency shall not take-off during that period.
(3) Notwithstanding the provisions of sub rule (1) except in an emergency an aerodrome shall not be used for take-off and landing by regular public transport aircraft, or charter aircraft unless authorization for such use has been given by the Director-General and any conditions attached to such authorization are obeyed.
(4) Nothing in this Part shall be construed as conferring on any aircraft as against the owner of any land, or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.
63. Aircraft not to take-off or land except at an aerodrome.- Subject to these rules, an aircraft shall not land at, or take-off from any place unless the place is an aerodrome established, or licensed, or authorized as such under this Part.
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64. Aircraft on international flights to use specified aerodromes.- Aircraft arriving in, or departing from, Pakistan on an international flight shall not land at, or take-off from an aerodrome unless that aerodrome has been designated for that purpose, by the Director- General, in the Pakistan Aeronautical Information Publication.
65. Aircraft on international flights landing at other than specified aerodromes.- The pilot-in-command of an aircraft arriving in Pakistan which, for reasons beyond the pilot’s control, has been landed elsewhere than at an aerodrome designated for the purpose shall ensure that the landing is reported to the Director-General as soon as may be practicable and shall not take-off with the intention of leaving Pakistan except with the permission of the Director-General.
Section 2 – AIR TRAFFIC SERVICES
66. The Authority to provide air traffic services.- (1) The Authority shall provide, maintain and operate a service which shall be called the Air Traffic Services. The services shall be under the management and control of the Director-General.
(2) The functions of the Air Traffic Services shall be: (a) the prevention of collisions between aircraft; (b) the prevention of collisions between aircraft on a manoeuvering area and obstructions on that area; (c) the maintenance of an expeditious and orderly flow of air traffic; (d) the provision of such advice and information as may be useful for safe and efficient conduct of flights; and (e) the initiation and co-ordination of search and rescue activities.
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67. Designation of aerodromes and airspace.- (1) The Director- General may designate: (a) an aerodrome at which aerodrome control service is provided as a controlled aerodrome; (b) an airspace that is within defined horizontal and vertical limits as an airway, a control area, or a control zone; (c) an airspace in respect of which flight information and alerting services are available as a flight information region; (d) an airspace within which activities dangerous to aircraft may exist as a danger area; (e) an airspace within which the flight of aircraft is restricted as a restricted area; and (f) an airspace within which the flight of aircraft is prohibited, as a prohibited area.
(2) An aerodrome or airspace designated under this rule may be notified by inclusion in the Aeronautical Information Publication, or by any other means as may be considered appropriate by the Director- General.
(3) Air traffic in areas or zones which are designated as airways, control zones or aerodrome traffic zones, shall be subject to control by the Air Traffic Services.
Section 3 – SAFE-GUARDING AT AERODROMES
68. Limitation of obstructions.- (1) No person shall erect any temporary or permanent structure, nor position a vehicle or other mobile object on or in the vicinity of an aerodrome to which these rules are applicable, that will be within the clearance area, or will protrude through an obstacle limitation surface, at that aerodrome.
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(2) For the purpose of this rule: (a) a clearance area at an aerodrome: (i) in respect of a runway, is an area 457 meters wide located symmetrically about the runway and extending the full length of the runway and for a distance of 274 meters beyond each end, plus an area at each end with a length of 914 meters and widening over its length from 457 meters to a width of 646 meters; (ii) in respect of a taxiway, is an area 137 meters wide, centered on the taxiway and extending the full length of the taxiway; (iii) in respect of an apron, is an area enclosing an apron with a perimeter which is 38 meters outside its edges;
(b) an obstacle limitation surface at an aerodrome is: (i) a funnel area being a sloping surface at each end of a runway, which originates at the end of the runway clearance area at the elevation of the runway threshold, located symmetrically about the produced center line of the runway and rising 1 meter vertically in each 50 meters horizontally over its length of 2773 meters, to a height of 55 meters, and with a width of 457 meters adjacent to the clearance area, widening to 1219 meters at its far end; and (ii) an area of restricted height being a horizontal surface 55 meters above the elevation of the runway at the end of each funnel area, located symmetrically above the produced center line of the runway, having a width of 1229 meters and a length of 4572 meters; and
(iii) an inner horizontal surface being a surface 45.7 meters above the aerodrome elevation within a radius of 3962 meters from the aerodrome reference point; and
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(iv) an inner conical surface being a surface extending outwards and upwards from the periphery of the inner horizontal surface, and from the edges of the funnel area and the area of restricted height, with a gradient rising 1 meter vertically in 20 meters horizontally measured radially from the aerodrome reference point, to a height of 151 meters above the aerodrome elevation; and
(v) an outer horizontal surface being a surface 151 meters above the aerodrome elevation within a radius of 15,240 meters from the aerodrome reference point; and
(vi) a transition surface being a surface extending outwards and upwards from the runway clearance area and the funnel area with a gradient rising 1 meter vertically in 7 meters horizontally, measured at right angles to the runway axis, until it intersects the inner horizontal surface, and extending outwards and upwards from the edges of the area of restricted height with a gradient rising 1 meter vertically in 7 meters horizontally until it intersects the inner conical surface and the outer horizontal surface, the gradient being measured from the sides of the area at right angles to the runway axis, and parallel to the axis at the end.
(3) Notwithstanding the provisions of this rule, the Director- General may specify in Air Navigation Orders or by other means other dimensions of clearance areas and obstacle limitation surfaces for particular aerodromes.
(4) In the event that a person erects a structure, or positions a vehicle or other mobile object in contravention of this rule, the Director-
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General shall take such action as he considers fit to cause the infringing object to be removed, and shall not be liable for damage so caused. Any costs incurred by the Director-General in taking such action shall be borne by the person causing the infringement.
69. Limitations of lights.- (1) No person shall operate a light in the vicinity of an aerodrome which because of its glare is liable to dazzle pilots of aircraft taking off from or landing at that aerodrome; or which can be mistaken for an aeronautical ground light.
(2) If such a light is operated it shall be extinguished or satisfactorily screened immediately upon notice being given to the person or persons operating the light, by the Director-General or by the Manager or by a person authorized by him.
70. Interference with communications or navigational aids.- No person or persons shall operate a radio station or electrical equipment in the vicinity of an aerodrome or of a radio aid to navigation serving an airway or an air route in Pakistan which is liable to cause interference with radio communications between aircraft and an Air Traffic Services Unit, or which is liable to disturb the signal from a navigational radio aid.
71. Measures to avoid attraction of birds and hazards to flights safety.- (1) No person shall leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this rule applies.
(2) The Director-General may, by notice in writing, require the owner of land on which waste foodstuffs are, being land within an area of land to which this rule applies, to remove, within a time specified in the notice the waste foodstuffs from his land to a place outside an area of land to which this rule applies or to deal within a time and in a manner, specified in the notice, with the waste foodstuffs.
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(3) A notice under sub-rule (2) may be served personally or
by post.
(4) A person shall not fail to comply with the requirements of a notice served on him under sub-rule (2).
(5) Whoever contravenes the provisions of this rule shall be punishable with imprisonment for a term which may extend to six months, or a fine not exceeding ten thousand rupees, or, both.
(6) If a person on whom a notice is served under sub-rule (2) fails to comply with the requirements of the notice, an officer authorized for the purpose by the Director-General may, with such assistance as he requires, enter upon the land and remove or deal with the waste foodstuffs. (7) For the purpose of this rule: (a) “area of land” means the area of land lying within a radius of 8 kms from either end of a runway at an aerodrome; and (b) “waste foodstuffs” includes other waste substances attractive to birds.
(8) The provisions of this Section shall apply, so far as practicable, to any smoke producing apparatus which may endanger the safety of aircraft in the vicinity of the airport and the Director-General may specify such restrictions, or issue instructions, in the Air Navigation Orders, as he may deem appropriate.
Section 4 – POWER TO PREVENT AN AIRCRAFT FLYING OR TO MOVE AN AIRCRAFT
72. Power of Director-General to ground an aircraft.- (1) If the
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Director-General has reason to believe that an intended flight of an aircraft would be in contravention of any provision of these rules, related to the safety of flight operations, he shall have the authority to direct the operator or the pilot-in-command of the aircraft that the aircraft is not to fly until such time as the Director-General is satisfied that action has been taken to avoid the contravention.
(2) The Federal Government may in its discretion prevent any aircraft which is not registered in Pakistan from leaving Pakistan.
73. Removal of aircraft from a manoeuvering area.- (1) The pilot- in-command of an aircraft which is immobilised or disabled on the manoeuvering area of an aerodrome, shall forthwith report the fact to the nearest Air Traffic Service Unit and to the Manager.
(2) In the event that an aircraft becomes immobilised or disabled on an aerodrome in a position in which, in the opinion of the Director-General or the Manager it constitutes a hazard to other aircraft, or an impediment to their expeditious operation, it shall be the responsibility of the pilot-in-command of that aircraft, and the person in charge, and the owner to remove it from that position as instructed by the Director-General or the Manager. If, in the opinion of the Director- General, or the Manager, such an aircraft has not been removed within a reasonable time, he may take such action to remove it as he considers appropriate and shall not be liable for damage, if any, caused to the aircraft by such action. The cost of such action shall be recoverable from the owner or operator of the aircraft.
Section 5 – METEOROLOGICAL SERVICES
74. Provision of meteorological information.- (1) The Director- General shall make arrangements with the Director General of Meteorology for the provision of meteorological information in such form
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and in such manner and at such places as the Director-General may consider necessary to ensure the safe, economic and regular operation of aircraft and to give effect to the Convention.
(2) To the extent, if any, to which the Director-General of meteorology is unable to furnish the meteorological information considered necessary by the Director-General for the purpose specified in sub-rule (1) of this rule, the Director-General may make such other arrangements as are necessary for that purpose.
75. Weather reporting.- Weather reports of actual or forecasted meteorological conditions shall not be used in the planning, conduct and control of flights unless the meteorological observations, forecasts and reports were made with the authority of the Director-General of Meteorology or by a person or persons approved for the purpose by the Director General.
76. Provision of a search and rescue service.- The Authority may make arrangements for the establishment, maintenance and operation of a search and rescue service for the purpose of assisting aircraft which may be in need of search and rescue assistance.
77. Search and rescue service to operate in compliance with the convention.- A search and rescue organization established in pursuance of rule 76 shall be operated in accordance with the requirements of the Conventions.
78. Requisition for search and rescue.- The Director-General may requisition aircraft, land vehicles, or water craft and may engage persons to operate those craft or vehicles for the purpose of search and rescue operations in connection with search for a missing aircraft or rescue of its crew and passengers.
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79. Payment for search and rescue operations.- (1) The amount of any loss suffered whether of revenue or otherwise, and of any expense incurred by the owner of an aircraft, water craft or land vehicle requisitioned in pursuance of rule 78 may be recovered from the Authority.
(2) A person engaged in pursuance of rule 78 may recover from the Federal Government reasonable remuneration and the amount of any expenses incurred by him.
(3) The expense of a search and rescue operation resulting from improper or negligent operation of an aircraft shall be borne by the owner or the operator of the aircraft.
Section 7 – FIRE FIGHTING AND RESCUE SERVICES
80. Provision of fire fighting and rescue services.- The Authority shall maintain and operate a fire fighting and rescue service at the aerodromes under the control of the authority. The service shall be under the control of the Director-General.
81. Functions of the service.- A fire fighting and rescue service established and maintaining under this Part is responsible for all operations in connection with:
(a) the rescuing of persons and property from an aircraft that has crashed, has caught fire or has otherwise been involved in an accident on, or in the vicinity of, an aerodrome; and
(b) the control and extinguishing of, and the protection of
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persons and property threatened by:
(i) a fire at an aerodrome, whether in an aircraft or elsewhere on the aerodrome; or
(ii) a fire in the vicinity of an aerodrome, being a fire that is in, or that originated in an aircraft;
(c) investigation of the cause of a fire on an aerodrome, other than one originating in an aircraft.
82. Power to take charge.- (1) The officer-in-charge of a fire fighting and rescue service at an aerodrome shall take charge of any operation for which the service is responsible under this Section.
(2) Where the officer-in-charge of a fire fighting and rescue service has taken charge of an operation in accordance with sub-rule (1), he:
(a) shall give such directions as he thinks proper for the purpose of carrying out the operation to:
(i) members of the fire fighting and rescue service;
(ii) members of a fire brigade who are taking part in the operation; or
(iii) persons who have voluntarily placed their services at his disposal; and
(b) shall take such measures as he thinks proper for the
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purpose of carrying out the operation.
(3) Without prejudice to the generality or clause (b) of sub- rule (2), the officer-in-charge of a fire fighting and rescue service who has taken charge of an operation in accordance with sub-rule (1) may, for the purpose of carrying out the operation:
(a) by force or otherwise, enter, take possession of use, pull down, sink, damage, remove or destroy premises, aircraft or other property;
(b) close to traffic a street, road or other thoroughfare;
(c) use, without payment, any convenient supply of water and shut off water from a main or pipe to obtain a greater pressure or supply of water;
(d) shut off or disconnect the supply of electricity to any premises;
(e) remove from any land, premises or aircraft any inflammable, explosive or dangerous material;
(f) order a person to leave any land, premises or aircraft;
(g) remove to such place as he thinks proper, a person or thing, the presence of whom or which is, in his opinion, interfering with, or threatening to interfere with the operation;
(h) take a fire engine or other fire appliance through, over or upon any land or premises;
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(j) shore up, pull down or destroy a wall or building that, in his opinion, is damaged or made insecure or may be dangerous to persons or property; and
(k) direct or authorise the doing by:
(i) a member of the fire fighting and rescue service;
(ii) a member of a fire brigade who is taking part in the operation; or
(iii) a person who has voluntarily placed his services at the disposal of the officer-in- charge, of any action or thing that the officer- in-charge is under this rule empowered to do.
(4) Where:
(a) a member of a fire fighting and rescue service or a member of a fire brigade taking part in an operation is of the opinion that, for the purpose of carrying out the operation, it is necessary or desirable to do an act or thing set out in clause (a), (b), (c), (d), (e), (f) or (h) of sub-rule (3); and
(b) it is not practicable for the member to request authority under clause (k) of that sub-rule for the doing of that act or thing; the member may do that act or thing without that authority.
83. Damage to Property.- Where damage is caused, whether directly or indirectly to property by reason of the exercise of a power
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under this Part in relation to a fire, the damage shall, for the purposes of any policy of insurance against fire covering the property damaged, be deemed to be damage by fire, and shall be so deemed notwithstanding a provision to the contrary in the policy.
Section 8 – AERONAUTICAL MOBILE RADIO SERVICE
84. Conditions of operation.- (1) A land station shall not engage in the aeronautical mobile radio service without the permission of the Director-General.
(2) A person shall not be employed at a land station as a radio operator engaged in the aeronautical mobile radio service unless:
(a) he has such qualifications and experience relative to the duties to be performed as the Director-General may direct; and
(b) the Director-General approves of his being so employed.
Section 9 – GROUND OPERATIONS INVOLVING AIRCRAFT
85. Fuelling of aircraft.- (1) An aircraft shall not be refuelled or defuelled at an aerodrome:
(a) within 15 meters of a building; or
(b) at a time when passengers are embarking, or disembarking, or are on board, unless there are qualified personnel in the aircraft who are ready to initiate and
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direct an evacuation of the aircraft by the most practical and expeditious means available, and who are in two- way communication with the ground crew supervising the refueling.
(2) Refueling or defuelling of an aircraft shall be supervised by a person appointed by the owner or operator of the aircraft, or by a member of the flight crew, or by a supervisor appointed by the fuel supplier; the person supervising shall ensure that the aircraft is bonded to the fueling hose and to the fueling unit and that both are earthed, and that no source of flame or sparks is in the vicinity of the aircraft. During refueling or defuelling no electrical switch shall be operated in the aircraft.
86. Taxiing of aircraft.- An aircraft shall not be taxied on the movement area of an aerodrome unless the person operating the controls of the aircraft is a pilot licenced on that aircraft, or is a person not less than seventeen years of age who is fully competent to taxi the aircraft; has been properly authorized by the operator of the aircraft, or his agent; has received instruction from the Manager or his representative in respect of the layout of the aerodrome, taxiing routes and taxiway signals; and complies with instructions if any, related to taxiing issued by the Air Traffic Services Unit at that aerodrome where such a unit exists. The person operating the aircraft controls while taxiing, or another person on the flight deck who is in communication with the person at the controls, shall be qualified and licenced to use the radio telephone.
87. Compliance with noise abatement procedure.- Pilots-in- command of aircraft taking-off and landing and persons responsible for ground running aircraft engines at aerodromes shall comply with the procedures, if any, authorized by the Director-General as a noise abatement measure except where in the opinion of the pilot-in-command it would be unsafe to do so.
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88. Driving on a movement area.- A person shall not operate a vehicle which is authorized under this Part to be driven on the movement area of an aerodrome, unless that person has been authorized to operate that vehicle by the Director-General or the Manager.
89. Parking of aircraft.- (1) An aircraft shall not be parked in any position on an aerodrome other than as prescribed by the Manager or the officer on duty in the Air Traffic Services Unit at the aerodrome.
(2) Except with the permission in writing of the Director- General, an aircraft shall not be parked on the movement area of an aerodrome for a period exceeding twelve weeks if the certificate of a airworthiness issued in respect of that aircraft is no longer valid.
(3) In the case of an aircraft which is parked in contravention of this rule, the owner shall remove it in compliance with such instructions as may be issued by the Director-General. Where the owner fails to comply within a reasonable period of time with such an instruction, the Director-General, or an authorized representative may take such steps as may be necessary to remove the aircraft in compliance with the instruction.
90. Engines to be run by qualified personnel.- (1) A person shall not start the engine or engines of an aircraft on the ground, nor operate the controls of an aircraft engine which is running, unless that person is a pilot or flight engineer, licenced to fly that aircraft, or is a licenced aircraft maintenance engineer or a member of an approved maintenance organization authorized to ground run the engines of that aircraft.
(2) The engine or engines of an aircraft shall not be started unless chocks are in position in front of the main wheels, or the aircraft
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brakes, if any are on.
Section 10 – CONDUCT OF PERSONS AT AN AERODROME
91. Applicability.- (1) The rules in this Section shall apply to persons on any part of an aerodrome.
(2) For the purpose of this Section, an aerodrome shall include all facilities, buildings and other structures, access roads and pedestrian areas provided for the use of passengers intending to travel or having traveled by air.
(3) Any person who is guilty of a breach of any rule in this Section, or of failure to comply with any direction issued under the rules by the Director-General or the Manager, may be removed or ejected from the aerodrome by the Manager or by an authorized person and may, in addition to any other penalty to which that person may be liable under these rules and any other legislation in force, be deprived by the Manager of the further use of the aerodrome and its facilities for such time as may be necessary to ensure the safety of the aerodrome and the public.
92. Unauthorized persons and vehicles not to enter aerodromes.- No person shall enter and no vehicle shall be driven on a manoeuvering area on an aerodrome except with the express permission of, and in compliance with instructions issued by an officer on duty in an Air Traffic Service Unit at that aerodrome, or in the absence of such a unit without the express permission of the Manager of that aerodrome.
93. Persons not to smoke or create a fire hazard.- No person shall smoke or generate a naked flame in any area on an aerodrome which is designated as a ‘no smoking’ area by the Manager or do any act likely to create a fire hazard in any area on an aerodrome.
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94. Trading etc at an aerodrome.- (1) No person shall carry on any trade or business at an aerodrome except with the approval of the Director-General and under such terms and conditions as he may direct.
(2) No person at an aerodrome shall solicit any person for any purpose except with the permission of the Manager.
(3) No person shall operate for hire at an aerodrome any taxi cab, or omnibus, or other vehicle carrying passengers except with the permission of the Director-General or Manager and on such terms as he may direct.
(4) No person at an aerodrome shall distribute, or display, or affix anywhere, any printed or written matter, including signs, advertisements and circulars except with the permission of the Director- General or the Manager and in such manner as he may direct.
95. Restriction of photography.- A person shall not take any kind of photograph or make a cinematograph film, or operate a video recording camera, on an aerodrome except with the permission of the Director-General and in accordance with such terms as may be specified in the permission and subject to any general or special laws or regulations in force which may be relevant.
96. Regulation of road traffic.- (1) No person shall operate any motor vehicle at an aerodrome other than in accordance with any regulations or directions issued by the Manager concerning motor vehicles and road traffic at that aerodrome.
(2) No person shall operate a motor or other vehicle at an aerodrome contrary to any sign erected or displayed for the control of
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vehicles by the Manager.
(3) No person shall park any motor or other vehicle at an aerodrome other than as authorized by the Manager.
(4) No person shall load or disembark passengers from a vehicle at an aerodrome other than at places designated for that purpose by the Manager.
(5) No person shall operate a motor or other vehicle at an aerodrome while under the influence of alcohol liquor or drugs to an extent that his ability to operate the vehicle is impaired.
(6) No person shall operate a motor or other vehicle at an aerodrome other than on the roads, paths or places provided for the use of the particular type or class of vehicle, or occupy such roads or paths or places in such a manner as to hinder or obstruct the proper use of them.
(7) Motor or other vehicles shall give way to pedestrians in areas at an aerodrome which are areas designated for use by pedestrians.
Explanation.- For the purpose of this rule, “at an aerodrome” shall mean all areas within an aerodrome to which the public has vehicular access.
97. Reporting of accidents.- Any person who is involved in any accident at an aerodrome and all witnesses to any accident shall report the accident without delay to the Manager or to the police at the aerodrome.
98. Articles lost and found.- Any person finding a lost article shall
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deposit it with the Manager. Such articles which are unclaimed within thirty days, or in the case of perishable foodstuffs twelve hours, shall be disposed of in such manner as may be directed from time to time by the Director-General.
99. Keeping of animals.- No person shall keep any domestic or other animal at an aerodrome except with the permission of and in accordance with such restrictions and conditions as may be imposed by the Manager.
100. Animals constituting a danger.- Any kite, vulture, stray dog or other bird or animal constituting a danger to aircraft, or to the public at an aerodrome, may be shot by the Manager or under his direction by any other person.
101. Firearms and offensive weapons.- (1) A person shall not enter an aerodrome while in possession of any firearms, explosives, offensive weapons or other munitions of war unless that person is a duly authorized member of the Armed Forces of Pakistan, or is a passenger intending to surrender such firearms or other weapons prior to carriage by air, or is a person authorized by the Director-General to carry firearms or other weapons.
(2) A person other than a duly authorized person in possession of firearms, explosives, offensive weapons or other munitions of war shall surrender them to the Airport Security Force at that aerodrome for the period of time that person is on that aerodrome, or if a passenger, shall surrender them to the person in charge of loading the aircraft on which that passenger intends to travel, before boarding the aircraft.
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102. Damage to aerodrome property.- No person shall destroy, injure or deface any building, sign, equipment, marker or other structure, tree, lawn or other property at an aerodrome, or damage by trespass on planted areas.
103. Dumping of rubbish etc.- (1) No person shall dispose of garbage, nor deposit refuse or any other object at an aerodrome except by placing it in the receptacle provided for the purpose.
(2) No person shall abandon any property or other thing at an aerodrome.
104. Prohibition of gambling.- No person shall engage in gambling, or operate a gambling device, at an aerodrome.
105. Disorderly conduct.- No person shall commit any nuisance or any disorderly act at an aerodrome, or use a sanitary convenience in a disorderly manner.
106. Prevention of fire.- (1) Combustible liquids shall not be stored at an aerodrome unless they are stored in such places and subject to such conditions as may be specified by the Director-General or the Manager, except that this shall not apply to fuel contained in the fuel tank of an aircraft, a motor vehicle, or other motor powered appliance.
(2) No person shall keep any oiled waste, waste oil, cleaning rags, or substances liable to suffer spontaneous combustion, or which are otherwise inflammable, on or near to aircraft on the ground, near any fueling unit, hanger, or workshop, or other building or installation in which any inflammable material is stored. Waste substance such as those referred to in this sub-rule shall be disposed of daily in such manner as may be specified by the Director-General or the Manager.
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(3) An owner, tenant, or occupant of any premises at an aerodrome, other than premises occupied by or on behalf of the Pakistan air Force shall:
(a) provide on those premises, and maintain in good working order, fire fighting appliances and equipment to a standard approved by the Director-General or Manager; and
(b) during working hours, have available on the premises sufficient personnel trained in the use of such appliances and equipment.
(4) No owner, occupant or tenant of any building at an aerodrome shall install or cause to be installed for use in that building, any engine or electrical apparatus of any kind, or make or cause to be made, any alteration or addition to existing electrical installations in any building without the approval in writing of the Director-General or the Manager.
(5) Facilities for battery charging shall not be installed without the approval in writing of the Director-General or Manager, and if installed shall not be left unattended unless the power supply has been switched off and the battery leads disconnected.
(6) In the event of a fire occurring in any premises, hanger, or workshop, or in any other place at an aerodrome, a report in writing giving all the circumstances shall be submitted to the Manager within twenty four hours by the person occupying, or responsible for, the place of the occurrence.
107. Danger from stock or equipment.- No occupant of any
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hanger, or premises at an aerodrome utilised for commercial purposes shall store or stock, or permit to be stored or stocked, any material or equipment in such a manner as to constitute a danger to persons or property.
108. Provision of first aid kits.- All tenants or lessees of hangars, workshops, or other premises utilised for commercial purposes at an aerodrome shall provide first aid kits of a type approved by the Director-General or the Manager, located in such hangars, workshops or premises at a conveniently accessible place.
109. Prohibition of entry.- No person shall enter any Air Traffic Service Unit, any hangar, any customs area, any communications centre, any movement area or manoeuvering area, or passenger arrival and departure area, except;
(a) persons lawfully assigned to duty therein;
(b) persons authorized to enter by the Director-General, or the Manager, and the Airport Security Force;
(c) passengers entering the maneuvering area and the arrival or departure lounge for the purpose of disembarking or embarking; or
(d) persons authorized by the Collector of Customs or the Commissioner of Excise with the permission of the Director-General, or the Manager, and the Airports Security Force. 110. Aerodrome restricted areas.- No person shall enter any area designated by the Director-General or the Manager as an aerodrome restricted area except with the permission of the Director-General or the
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Manager, and on such terms as may be included in the permission.
PART IX – CONDUCT OF PERSONS ON BOARD AN AIRCRAFT
111. Restriction of aerial photography.- (1) A person shall not take aerial photographs of any area of the territory of Pakistan except with the permission of the Federal Government.
(2) Where the Federal Government has given permission, aerial photographs shall be taken in such manner and subject to such conditions as the Director-General may specify.
112. Persons not to stow away on aircraft.- A person shall not:
(a) secrete himself on an aircraft; or (b) travel in an aircraft without the consent of the pilot-in- command or the operator of the aircraft.
113. Behavior of persons in an aircraft.- A person shall not, while in an aircraft;
(a) interfere with a crew member; (b) behave in a disorderly or offensive manner; or (c) do any act that threatens the safety of the aircraft or of persons on board the aircraft.
114. Persons not to carry weapons.- No person on board an aircraft shall carry or have in his charge any weapon except that a weapon which is not designed for use in warfare, or against the person, may be carried as passengers’ baggage; provided it is stowed so as to be inaccessible to passengers during flight, and if it is a firearm, is unloaded.
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115. Restriction of smoking in aircraft.- A person shall not smoke when on board an aircraft registered in Pakistan:
(a) in those areas in the aircraft designated as non-smoking areas; and
(b) at any time when the cabin crew or flight crew of the aircraft indicate either verbally or by means of signs that smoking is prohibited.
116. Consumption of intoxicating liquor or drugs.- (1) No person shall enter an aircraft while under the influence of intoxicating liquor, or drugs, nor shall any person consume intoxicating liquor in an aircraft registered in Pakistan.
(2) No person shall administer drugs during flight so as to become intoxicated except in the case of a person under qualified medical supervision.
117. Carriage of drugs.- Narcotic drugs, mood changing or hallucinogenic drugs, depressant or stimulant drugs, or marijuana, shall not be carried in an aircraft except as a medicament prescribed for the individual use of a passenger by a qualified medical practitioner, or as part of the approved emergency medical kit approved by the Director- General.
118. Powers of the Pilot-in-Command.- The pilot-in-command of an aircraft, with such assistance as he requires, may:
(a) take such action, including the removal of a person from the aircraft or the placing of a person under restraint or in
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custody, by force, as he considers reasonably necessary to ensure compliance with these rules in or in relation to the aircraft; and
(b) detain the passengers, crew and cargo for such period as he considers reasonably necessary to ensure compliance with these rules in or in relation to the aircraft.
PART X – RULES OF THE AIR
Section 1 – GENERAL RULES
119. Applicability of Rules of the Air.- (1) This Part shall be known as the Rules of the Air and shall apply to aircraft other than military aircraft, engaged in flight operations in Pakistan and to aircraft registered in Pakistan wherever they may be except where they conflict with the Rules of the Air published by the State having jurisdiction over the territory overflown.
(2) The pilot-in-command of an aircraft shall be responsible for the operation of the aircraft in accordance with the Rules of the Air and for obeying all instructions of the Air Traffic Services except when compliance with these rules and such instructions would hazard the safety of the operation.
(3) Nothing in these rules relating to right of way, or action to be taken by a pilot-in-command of an aircraft shall exonerate a pilot from the consequences of any neglect to maintain a proper look out or neglect
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of any precaution required by the practice of good airmanship.
120. Aircraft not to be operated in a negligent or reckless manner.- An aircraft shall not be operated or caused to be operated in a negligent or reckless manner so as to endanger life or so as to cause damage to the property of others.
121. Restriction on towing.- An aircraft in flight shall not tow any article, not pick up or raise any person, animal or article by means external to the aircraft unless authorized to do so by the Director-General.
122. Aircraft not to drop articles or to spray so as to cause damage.- An article or substance shall not be dropped or sprayed from an aircraft in flight so as to endanger persons on the surface of the earth or water, or to cause damage to property.
123. Agricultural aircraft to comply with instructions.- The pilot-in- command of an aircraft which is being operated for the purpose of dropping substances for the purposes of agriculture, horticulture, forestry or pest control, shall comply with such conditions as may be set by the Director-General and shall comply with any instructions or clearance given by an Air Traffic Services Unit.
124. Restriction on dropping by Parachute.- A person, or animal or an article shall not be dropped from an aircraft by parachute except with the express permission of the Director-General and in compliance with any conditions he may specify.
125. Restriction on simulation of instrument meteorological condition.- (1) An aircraft shall not be flown when the field of vision or range of visibility of the pilot handling the controls is reduced by optical or mechanical devices, or by adjustment of the seat position as a simulation
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of instrument meteorological conditions, unless the aircraft is equipped with fully functioning dual controls and a qualified pilot occupies the second control seat to act as a safety pilot. The safety pilot shall have adequate vision forward and to each side of the aircraft, or if he does not, a competent observer shall be carried in the aircraft in communication with the safety pilot and in a position from which his field of vision adequately supplements that of the safety pilot.
(2) A pilot occupying the control seat of an aircraft in flight shall not wear a head dress, or article of apparel, or any adornment that restricts the field of view of that pilot.
(3) The operator and the flight crew of an aircraft shall take all practicable steps to ensure that when the aircraft is in flight, or is being maneuvered on the ground or water, all windows, windscreens and side screens used by the flight crew for forwards or sideways vision, are maintained in such condition as not to obscure their view.
126. Acrobatic flights.- An aircraft shall not be flown in acrobatic flight:
(a) unless the certificate of Airworthiness or the flight manual for the aircraft authorises such maneuvers;
(b) in controlled airspace except in compliance with instructions and clearance from the appropriate Air Traffic Services Unit;
(c) over congested areas of a city, town, or any congested area of a settlement;
(d) over an open air assembly of persons except with the permission of the Director-General;
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(e) by night; or
(f) in conditions other than visual meteorological conditions.
127. Flight crew not to be intoxicated.- A person shall not act as a member of a flight crew of an aircraft while under the influence of intoxicating liquor or narcotics, or drugs, or medication.
128. Aircraft to be flown at adequate height over towns.- Notwithstanding the provisions of rule 155, an aircraft shall not be flown over congested areas of cities, towns, or settlements or over an open air assembly of persons, except by permission of the Director-General, unless it is at such height as will permit, in the event of an emergency, a landing to be made without undue hazard to persons on the ground, and except when it is taking off or landing, shall not be flown closer than 500 ft to any person, vessel, vehicle or structure.
129. Radio failure in an aircraft.- The pilot-in-command of an aircraft that suffers radio failure in flight shall comply with the procedures notified in the Aeronautical Information Publication for use in such circumstances.
130. Pilots to Avoid Collisions.- The pilot-in-command of an aircraft shall take all possible measures to ensure that his aircraft does not collide with any other aircraft.
131. Restriction on Formation Flying.- An aircraft shall not be flown in such proximity to other aircraft as to create a collision hazard and shall not be flown in formation with one or more other aircraft except by pre- arrangement between the pilots-in-command of the aircraft.
132. Aircraft that has Right of Way to Maintain Course, Speed &
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Height.- (1) The pilot-in-command of an aircraft that has the right of way as defined by this Part shall maintain its heading and speed except when such action would result in a collision with another aircraft when he shall take all possible measures to ensure that a collision does not occur.
(2) The pilot-in-command of an aircraft who is required by these rules to keep out of the way of another aircraft shall not do so by climbing to pass over, or by diving to pass under, and shall not cross ahead of the other aircraft unless crossing well clear.
133. Rights of Way.- The pilot-in-command of an aircraft which is converging on another aircraft at approximately the same height and which has the other aircraft on its right shall give way by turning to the right and passing behind the other aircraft except that:
(a) power driven heavier-than-air aircraft shall give way to airships, gliders and balloons; (b) airships shall give way to balloons; (c) gliders shall give way to balloons; and (d) power driven aircraft shall give way to aircraft that are seen to be towing other aircraft or objects.
134. Aircraft Approaching Head-on.- The pilots-in-command of aircraft which are approaching each other head-on, or approximately so, while in flight so as to result in danger of a collision, shall each alter the heading of his aircraft by turning to the right.
135. Overtaking Aircraft.- (1) An aircraft which is being overtaken by another aircraft has right of way and the pilot-in-command of the overtaking aircraft shall keep out of the way of the aircraft to be overtaken by altering heading to the right and passing well clear.
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(2) For the purpose of this Rule an overtaking aircraft is an aircraft which is approaching another aircraft from a position to the rear of a line through the aircraft being overtaken, at right angles to its line of flight, and shall continue to be an overtaking aircraft until it is well clear of the aircraft being overtaken.
136. Aircraft on Landing Approach.- The pilot-in-command of an aircraft which is landing or which is on a final approach to land shall have the right of way over other aircraft in flight, or on the ground or water, and in the case of two or more aircraft making an approach to land, an aircraft at a lower level shall have the right of way over aircraft at a higher level except that the pilot-in-command of an aircraft who is carrying out an emergency landing shall have right of way over all other aircraft, and an aircraft which is at a higher level but which is in the final stages of an approach to landing, shall have right of way over an aircraft which is at a lower level if that aircraft has not commenced a turn on to the final stages of an approach to landing, or if it is to the rear of the aircraft at a higher level.
137. Taxiing Aircraft AÜ¥h_cà _____e______€________ÿN__ÅY_________________ _×K___________________________________R__n__ __R__n___nU______nU______‚U______‚U______‚U__ ____–U______–U______–U______–U______– U______²U__^____V__ª___– U______ìX__C___ºX______¾X______¾X______¾X_ _____ØX______êX______êX______êX______êX____ __ìX______ìX______ìX______ìX______ìX______ìX___ ___/Y__X___‡Y__>___ìX______________________‚U ______êX________©_¸___q_ØX______ÜX__
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___________________êX______êX______ìX______ê X______nU______nU______¾X__________________ ____ºX____ft is on his right;
(b) which is overtaking another taxiing aircraft shall give way to the other aircraft and shall keep well clear until the other aircraft has been passed;
(c) shall give way to aircraft taking off or about to take off.
139. Aircraft on or in the Vicinity of an Aerodrome.- The pilot-in- command of an aircraft operating on or in the vicinity of an aerodrome shall:
(a) observe other aerodrome traffic for the purpose of avoiding collisions;
(b) conform to, or avoid, the traffic pattern formed by other aircraft in operation;
(c) make all turns to the left when approaching for a landing, and after taking off, unless otherwise directed by instructions received from an Air Traffic Service Unit, or indicated by visual signals, or notified by the Aeronautical Information Publication;
(d) take off and land in the direction indicated by the ground signals or by the Air Traffic Services unit, or if no such indication is available, take off and land into the wind unless good aviation practice demands otherwise;
(e) comply with all instructions and obey all signals given by an Air Traffic Services unit; and except when taking off or
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landing or conforming to the traffic patterns, shall not fly below a height of 2000 ft above the aerodrome; or
(f) if an Air Traffic Control Service is provided at that aerodrome obtain prior authorization for any manoeuvre preparatory to, or associated with taxiing, landing, or taking off.
140. Balloons and Kites.- A captive balloon or a kite shall not be flown at a height above 200 ft within 6 kms of an aerodrome, and a free balloon shall not be flown at any place, except with the express permission of the Director-General and in compliance with the conditions attached to such permission.
141. Use of Anti-collision Lights.- An aircraft fitted with anti-collision lights which are intended to attract attention to the aircraft, shall display such lights at all times that the engines are running when it is on the movement area of an aerodrome.
142. Use of Navigation Lights.- (1) Between the hours of sunset and sunrise and in conditions of poor visibility an aircraft which is in flight or on the movement area of an aerodrome shall display navigation lights and anti-collision lights as specified by the Director-General in Air Navigation Orders and in the case of an aircraft on the movement area of an aerodrome, if such navigation lights are not positioned on the wing tips and on the rearmost part of the aircraft, shall display lights intended to mark these extremities or shall illuminate them by other means.
(2) An aircraft which is parked on or adjacent to a movement area shall display navigation lights required by this rule unless the aircraft is clearly illuminated by other means, or the area it occupies is delineated by obstruction lights.
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143. Power to Switch off Dazzling Lights.- Other rules notwithstanding the pilot-in-command of an aircraft shall be permitted to switch off or reduce the intensity of any flashing lights if they adversely affect the satisfactory performance of his duties or subject an outside observer to harmful dazzle.
144. Pilots to Comply with Air Traffic Service Instructions.- The pilot-in-command of an aircraft in flight in Pakistan airspace shall comply with such Air Traffic Services instructions in the Aeronautical Information Publication as may be applicable, and with such instructions would hazard the safety of the aircraft.
145. Pilotless Aircraft not to be flown.- An aircraft, other than a scale model of an aircraft, which is capable of being flown without a pilot, shall not be flown without a pilot except with the authorization of the Director-General and in compliance with such conditions as he may specify.
146. Aircraft not to fly in Notified Areas.- (1) An aircraft shall not be flown in an area of Pakistan which is notified as:
(a) a prohibited area;
(b) a restricted area except in accordance with the conditions specified in the notifications of such a restricted area; or
(c) a danger area which has also been notified as active. (2) For the purpose of this rule, notified shall mean
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published in the Aeronautical Information Publication, or in a Notice to Airmen, or communicated by an Air Traffic Service unit by other means.
(3) If the pilot-in-command of an aircraft finds that the aircraft is in a prohibited area, or is in a restricted area in contravention of the applicable conditions, he shall:
(a) immediately cause the aircraft to be flown out of the area;
(b) as soon as possible report the circumstances to the nearest Air Traffic Service unit; and (c) obey any instructions given by the Air Traffic Service unit.
147. Pilots to Comply with Visual Signals.- (1) The pilot-in- command of an aircraft upon observing or receiving any signals relating to distress or urgency, or to interception by another aircraft, or to flight into restricted, prohibited or danger areas, or to aerodrome traffic, or to the marshalling of aircraft, shall take such action as may be required by such signals.
(2) For the purpose of this rule, observed signals shall have the meaning attributed to them in the Aeronautical Information Publication.
148. Pilots to Report Violations.- The pilot-in-command of an aircraft who, in an emergency situation, has taken action which involves a violation of the rules in this Part, shall report it in writing without delay to the Director-General.
149. Use of Universal Co-ordinated Time.- Universal Co-ordinated
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Time (UTC) shall be used in all flight operations and expressed in hours and minutes. A time check shall be obtained prior to operating a flight under Air Traffic Control and at such other times during a flight as may be necessary.
150. Aircraft to be Flown in Compliance with VFR or IFR.- An aircraft in flight shall be operated in accordance with the Visual Flight Rules, or the Instrument Flight Rules.
Section 2 – APPLICATION OF VISUAL FLIGHT RULES
151. Visual Flight Rules.- The Visual Flight rules shall be as follows:
(a) The pilot-in-command of an aircraft in flight outside controlled airspace when at or below 3000 ft above mean sea level, or 1000 ft above the ground, whichever is higher, shall remain clear of clouds, in sight of the ground or water, and shall fly so as to maintain a flight visibility of 1500 meters or more except that helicopters may fly with a flight visibility less than 1500 meters if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstructions in time to avoid collision.
(b) The pilot-in-command of an aircraft in flight outside controlled airspace when higher than 3000 ft above mean sea level, or 1000 ft above the ground, whichever is higher, or at any height within controlled airspace shall maintain a distance of not less than 1500 meters horizontally and 1000 ft vertically from clouds and shall fly so as to maintain a flight visibility of 8 kms or more.
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152. Aircraft to be Flown at Appropriate Flight Level.- The pilot-in- command of an aircraft complying with Visual Flight Rules in level cruising flight at a height more than 3000 ft above the ground or water shall fly at a flight level appropriate to the track as notified in the Aeronautical Information Publication except that he may fly at another flight level if this is made necessary by the flight conditions encountered.
153. Limitation on Flights by VFR.- Unless specifically authorized by the Director-General, Flights shall not be conducted in compliance with Visual Flight Rules:
(a) between the time of sunset and sunrise;
(b) over the sea, where more than 16 kms from land for more than 1 hour;
(c) at levels above flight level 150; or
(d) at transonic or supersonic speeds.
154. Flight in controlled airspace.- The pilot-in-command of an aircraft intending to fly in compliance with Visual Flight Rules shall not take-off or land at an aerodrome with a control zone, or enter the aerodrome traffic zone or traffic pattern, without a clearance from an Air Traffic Services Unit.
155. Aircraft not to be flown below 2000 ft over towns.- The pilot- in-command of an aircraft complying with Visual Flight Rules shall not fly over the congested areas of cities,towns or settlements, or over an open air assembly of persons, or in the vicinity of an aerodrome, at a height less than 2000 ft above the highest terrain or obstacle within a radius of 1
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kilometer from the aircraft, and shall not fly elsewhere at a height less than 500 ft above the ground or water, except that this rule shall not apply:
(a) if the aircraft is being flown in conformity with take-off or landing procedures; or
(b) the aircraft is engaged upon aerial work of a nature which necessitates low flying and which has been approved by the Director-General.
156. Take-off limitation of VFR flights.- The pilot-in-command of an aircraft shall not commence a flight which is to be conducted in accordance with Visual Flight Rules unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route to be flown under Visual Flight Rules will at the appropriate time, be such as to make compliance with the rules possible.
Section 3 – INSTRUMENT FLIGHT RULES
157. Aircraft to be equipped for IFR Flight and pilots to hold instrument ratings.- Flights shall not be conducted in accordance with Instrument Flight Rules unless:
(a) the aircraft is equipped with instrument and navigation equipment specified by the Director-General in Air Navigation Orders as suitable for the route to be flown; and
(b) each pilot occupying a control seat in the aircraft has a current instrument rating included in his licence except
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that this shall not apply to a pilot undergoing flight instruction in order to qualify for the issue of an instrument rating.
158. Aircraft to fly at or above minimum flight altitude.- (1) The pilot-in-command of an aircraft to which this Part applies, flying in compliance with Instrument Flight Rules shall not fly below the minimum flight altitude notified in the Aeronautical Information Publication, as applicable to the part of the route on which the aircraft is flying, except when it is necessary for taking off and landing.
(2) Where no minimum flight altitude has been established, the minimum shall be 1000 ft above the highest obstacle within 8 kms of the estimated position of the aircraft; if the flight is over high terrain or mountainous area, the minimum shall be 2000 ft above the highest obstacle within 8 kms of the estimated position of the aircraft.
(3) When complying with this rule the pilot-in-command of an aircraft shall fly at a flight level which is specified in the Aeronautical Information Publication as appropriate to the magnetic track of the aircraft.
159. Pilots to fly at specified levels.- The pilot-in-command of an aircraft flying, or intending to fly in controlled airspace in compliance with Instrument Flight Rules shall fly at such heights or levels as are specified in an Air Traffic Services clearance except where compliance with such a clearance would result in collision with obstacles or terrain.
160. Flights in instrument meteorological condition to be by Instrument Flight Rules.- Flight conditions which prevent compliance with Visual Flight Rules shall be conducted in accordance with Instrument Flight Rules except that flights within a control zone which are given an air traffic control clearance by the appropriate Air Traffic Service unit may be
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conducted in accordance with such special Visual Flight Rules as may be determined by the Air Traffic Service Unit.
161. Pilots to comply with instrument departures and approach procedures.- (1) The pilot-in command of an aircraft on a flight conducted in compliance with Instrument Flight Rules shall comply with such instrument departure procedures as may be specified by the Air Traffic Service Unit serving the departure aerodrome or notified in the Aeronautical Information Publication.
(2) The pilot-in-command of an aircraft carrying out an approach to landing by flying solely by reference to instruments shall not descend below the specified minimum safety altitude for that stage of the flight except in compliance with an instrument approach procedure which is approved by the Director-General for use at that aerodrome.
162. Pilots unable to maintain an appropriate flight level.- If an aircraft is unable to maintain an appropriate flight level when operating under Instrument Flight Rules, the pilot-in-command shall immediately notify the nearest air Traffic Service Unit and comply with any instructions given by the Air Traffic Service, or, if in visual meteorological conditions, shall comply with Visual Flight Rules.
Section 4 – FLIGHT PLAN AND COMMUNICATION REQUIREMENTS
163. Flight Plan to be filed.- The pilot-in-command of an aircraft shall submit a flight plan in such form and content as may be specified by the Director-General in the Air Navigation Orders, or in the Aeronautical Information Publication, to the appropriate air traffic services unit;
(a) if it is intended to cross international borders during the flight;
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(b) if the flight, or any part of it, will be provided with air traffic control services; or
(c) if the flight is to be conducted in compliance with Instrument Flight Rules.
164. Submission of flight plans.- The pilot-in-command of an aircraft who intends to operate a flight which will be provided with air traffic control service or air traffic advisory service shall submit a flight plan at least thirty minutes before departure, or if such a flight plan is submitted during flight, it shall be at a time which will ensure its receipt by the appropriate Air Traffic Services Unit at least ten minutes before the time at which it is estimated that the aircraft will reach the intended point of entry into controlled or advisory airspace, or the point of crossing an airway or advisory route.
165. Pilots to obtain clearance.- The pilot-in-command of an aircraft on a flight which will be provided with air traffic control service shall obtain air traffic control clearance for the flight.
166. Pilots to adhere to flight plan.- The pilot-in-command of an aircraft in flight under air traffic service control shall adhere to the flight plan which has been submitted in respect of that flight, or part of that flight and may change it only after a request for such a change has been made to, and clearance received from, the appropriate Air Traffic Control Unit except that in the event of an emergency situation which necessitates immediate action by the pilot-in-command that results in a deviation from the flight plan, he shall as soon as possible notify the appropriate Air Traffic Control Unit of the action taken under emergency.
167. Pilots to maintain the center line of an air route.- The pilot-in-
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command of an aircraft under the control of an Air Traffic Control Unit shall, to the extent that it is practicable, maintain the center line of an established air traffic service route if one is being used, or if on any other route shall operate directly between the navigation facilities and or points defining the route unless authorized or directed by the appropriate air traffic control unit to do otherwise.
168. Pilots to change VOR guidance.- The pilot-in-command of an aircraft under the control of an Air Traffic Control Unit and flying along an air traffic services route segment defined by reference to VOR, shall, for primary navigation guidance, change over from the VOR behind the aircraft to that ahead of it at the change over point.
169. Pilots to correct or report deviations.- The pilot-in-command of an aircraft which is under the control of an Air Traffic Control Unit shall, if he inadvertently deviates from the current flight plan, so that the aircraft is off track, adjust the aircraft heading so as to regain track as soon as practicable, and shall inform the appropriate Air Traffic Control Unit if there is a variation in the average true airspeed between reporting points of 5% or more from that given in the flight plan, or if there is an error in excess of three minutes in the estimated time of arrival at the next applicable reporting point, flight information region boundary, as defined in the Aeronautical Information Publication or aerodrome of intended landing.
170. Pilots unable to comply with VFR flight plan.- The pilot-in- command of an aircraft under the control of air Traffic Control Unit on a Visual Flight Rules flight plan shall, when it becomes evident that the weather is deteriorating to the extent that adherence to the flight plan will not be practicable: (a) request a clearance for a change in the flight plan which
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will enable the flight to continue in accordance with Visual Flight Rules to an aerodrome for landing;
(b) notify the appropriate Air Traffic Control Unit and leave controlled or advisory airspace, or land at the nearest suitable aerodrome;
(c) within a control zone or a control area, request a clearance to operate under Special Visual Flight Rules; or
(d) if the aircraft is suitably equipped and he is suitably qualified, request a change in the flight plan which will allow the flight to continue in compliance with Instrument flight Rules.
171. Pilots to report Passing reporting Points.- The pilot-in- command of an aircraft under the control of Air Traffic Control Unit shall report to the appropriate Air Traffic Control Unit his flight level and time of passing each designated compulsory reporting point together with any other required information, or shall make position reports at such intervals as may be notified in the Aeronautical Information Publication.
172. Pilots to Notify Cancellation of IFR Flight Plan.- The pilot-in- command of an aircraft in flight complying with Instrument Flight Rules who elects to change the conduct of the flight to compliance with the Visual Flight Rules shall, if a flight plan was submitted in respect of the flight, notify the appropriate Air Traffic Services Unit specifically that the Instrument Flight Rules flight plan is cancelled.
173. Pilots to maintain a listening watch.- The pilot-in-command of an aircraft under the control of an air Traffic Control Unit shall maintain a
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continuous listening watch on the appropriate radio frequency of the air Traffic Control Unit and shall establish two-way communication with that Air Traffic Control Unit, except when specifically authorized by that unit to operate without two-way radio communication at an aerodrome.
174. Pilots to report.- (1) The pilot-in-command of an aircraft which has been operated in conformity with a flight plan for the whole of the flight or for the part of the flight immediately prior to landing, shall report his arrival to the appropriate Air Traffic Services Unit at the aerodrome of arrival, or when no air Traffic Services Unit exists at the aerodrome of arrival, to the nearest air Traffic Services Unit as soon as practicable after landing, by the quickest means available.
(2) At the termination of each flight, or in any urgent case, during the flight, the pilot-in-command shall report, in the manner and to the person specified by the Director-General, all defects in the aircraft, aerodrome, air routes, air route facilities or airway facilities which may have come to his notice.
(3) Where a defect in the aircraft is reported in accordance with sub-rule(2), the operator of the aircraft shall take such action in relation thereto as is required under these rules.
PART XI – LICENCING AND CERTIFICATION
OF COMMERCIAL AIR OPERATIONS
Section 1 – Applicability
175. Part to apply to Pakistan operators and aircraft.- The rules in this Part shall apply to Pakistan operators and to operations by regular public transport aircraft, charter aircraft and aerial work aircraft.
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176. Description of an operator.- For the purpose of this Part an operator is a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation and in the case of a Pakistan Operator is one that has a principal place of business in Pakistan or, if there is no such place of business, has a permanent residence in Pakistan.
Section 2 – LICENSING OF COMMERCIAL OPERATORS
177. Commercial operations to be licenced.- (1) An aircraft shall not fly for any type of operation unless the operator of that aircraft holds an appropriate licence granted by the Director-General. The Director- General shall, with the prior approval of the Federal Government, issue the following licences, namely:-
(a) regular public transport;
(b) charter, if the service is an international service, or if the aircraft has a maximum permissible take-off mass greater than 5,700 kgs; or
(c) aerial work, if the service is an international service;
unless the operator of that aircraft holds an appropriate licence granted by the Federal Government.
(2) For the purpose of this rule, an appropriate licence means in the case of regular public transport a regular public transport licence, in the case of charter, a charter licence, and in the case of aerial work, an aerial work licence.
(3) The period of validity of such a licence and any conditions attached to it shall be as determined by the Director-General with the prior approval of Federal Government.
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178. Applications for a licence.- (1) Application for licence under this Section shall be made to the authority competent to approve the licence;
(2) The application shall be made in a form which will be supplied by the Director-General on request, shall be signed by the person applying for the licence, and if made by any corporate body, shall be signed by a person duly authorized by that body.
(3) The application shall contain the following particulars:
(a) name and address of the applicant;
(b) nature of the licence applied for;
(c) the places at which it is desired that aircraft may land for traffic or other purpose;
(d) the routes to be flown and the frequency of a proposed air charter service;
(e) the routes to be flown and the frequency of a proposed regular public transport service;
(f) the nature of the aerial work to be carried out if applicable, with location of such work; and
(g) the type or types of aircraft to be used.
179. Companies to be registered.- (1) A company desiring a licence to operate commercial air operations in Pakistan, shall be registered in accordance with the provisions of the Companies Ordinance, 1984 (XLVII
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of 1984) and shall have its registered head office in Pakistan and shall be subject to the provisions of the said ordinance and the rules made thereunder.
(2) The minimum paid up capital of the Company shall be one hundred million rupees and foreign investment, if any, may be permitted to the extent where the controlling interest remains in local hands. Security deposit of ten million rupees and a bank guarantee of an equivalent amount from a scheduled bank acceptable to Authority, shall be submitted before the grant of a license and each airline so registered in Pakistan and seeking permission to operate flights from to and within Pakistan shall:-
(a) submit alongwith application for license a sound business plan, registration documents like Memorandum and Articles of Association, trust deed, bank references, and any other documents to prove to the satisfaction of the Authority that the airline is a legally established body capable of operating commercial flights;
(b) undertake mandatory investment in maintenance and training infrastructure to support A&B checks or equivalent standard; and
(c) maintain a comprehensive insurance policy covering aircraft, crew, passengers and cargo and third party risks for operation in Pakistan that level required by ICAO Convention.
180. Compliance with conditions of a licence.- (1) The holder of a licence issued under this Section shall comply with such conditions as may be attached to the licence and with such regulations and orders as the authority approving the licence may from time to time specify, and
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shall supply such information as may be required by the Federal Government.
(2) The holder of a licence shall so conduct his flight operations as not to involve the breach of any obligations imposed upon the Federal Government by an agreement with another Government.
(3) The holder of a licence shall not vary the frequency of a service, or the nature of the aerial work being performed, from that authorized by the licence except with the approval of the Director- General.
181. Exemption from the need to hold a licence.- Notwithstanding the provisions of rule 177 and rule 188, the Director-General may, if he considers that the particular circumstances of the case so warrant, exempt a person who holds an Air Operator Certificate-Charter and who proposes to operate a service which would constitute a regular public transport service from the necessity of obtaining a regular public transport licence, provided that no other operator is operating such a service on the proposed route or routes. In granting such an exemption the Director- General may specify such a period for the service and attach such conditions as he may consider fit.
182. Licences not to be transferable.- A licence granted under this Section shall not be transferable, except that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of the licence, or manager or trustee in relation to the business of the holder, the person for the time being carrying on that business shall be entitled to continue to operate under the terms of the licence, provided that an application for a new licence is made within fourteen days of the above named event. The entitlement to continue to operate shall extend until the application for a new licence is disposed of.
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183. Subcontracting of services.- Notwithstanding the provisions of rule 182, the holder of a licence granted under this Section may, with the approval of the Director-General, enter into a contract or arrangement with another person under which that person may operate the service for which the licence is issued, provided that the person who is to operate the service holds or obtains an Air Operator Certificate issued under this Part.
184. No continuance of right to a licence.- Nothing in this Section shall be construed as conferring on the holder of a licence on its expiry, variation, or cancellation any right to the issue of a new licence for the operation of a service on the same route, or on any other route, or for aerial work, or to the continuance of any other benefits arising from the provisions of this Section or any licence granted thereunder.
185. Variation, suspension and cancellation of licences.- (1) In the interest of securing more effective development of air transport, or in the general interest of the public, the Director-General may with the prior approval of the Federal Government, amend the terms of a licence issued under this Section, provided that the holder of that licence shall be given not less than twenty-one days to show cause against such an amendment.
(2) On the application of the holder of a licence for an amendment to be made to that licence, the Director-General may with the prior approval of the Federal Government, may make that amendment if it finds it unobjectionable.
(3) The Director-General may suspend a licence granted under this part for such a period as he deems fit or may, with the approval of the Federal Government, cancel such licence, if :
(a) the holder of the licence or an aircraft operated has
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contravened or failed to comply with the provision of the Ordinance or these rules or the terms of the licence; or
(b) the Director-General is satisfied that it is necessary, in the interest of safety of the aircraft or persons on board the aircraft or public safety, to suspend or cancel the licence, as the case may be:
“Provided that action under this rule shall be taken after providing reasonable opportunity to show cause against the proposed action.”
Section 3 – AIR OPERATOR CERTIFICATE
186. Operators to hold an air operator certificate.- Notwithstanding the provisions of Section 2 of this Part, an aircraft shall not fly for the purpose of: (a) regular public transport; (b) charter; or (c) aerial work; unless the operator of that aircraft holds an air operator certificate issued by the Director-General.
187. Issue of air operator certificates.- (1) The Director-General shall issue or renew air operator certificates under this Part, when he is satisfied that an applicant has demonstrated that his equipment, organization, staffing, maintenance And other arrangements are adequate to secure the safe operation of the types of aircraft to be included in the certificate, on such flights as are to be authorized, and that the applicant can establish and maintain a satisfactory method of supervision of these flight operations. For this purpose an applicant shall supply such information as the Director-General may require.
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(2) An air operator certificate issued under this Part shall be subject to such conditions as the Director-General may include in the certificate in the interests of flight safety.
188. Air operator certificates.- (1) An air operator certificate issued under this Part shall be:
(i) an “air operator certificate – airline” which shall authorise the holder to engage in regular public transport operations within the conditions and limitations of that certificate, provided that he has also been granted a licence for such operations by the Federal Government;
(ii) an “air operator certificate – charter” which shall authorise the holder to engage in charter operations within the conditions and limitations of that certificate, provided that in the case of international charter operations, and of charter operations by aircraft with a maximum permissible take-off mass greater than 5,700 kgs, he has also been granted a licence for such operations by the Federal Government; or
(iii) an “air operator certificate-aerial work” which shall authorise the holder to engage in aerial work operations within the conditions and limitations, of that certificate, provided that in the case of international aerial work he has also been granted a licence by the Federal Government.
(2) An air operator certificate issued under this Part shall be valid for a period of one year from the date of issue or renewal, unless suspended or cancelled by the Director-General.
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189. Operators to comply with conditions of an air operator certificate.- The holder of an air operator certificate issued or renewed under this Part shall comply with such rules as are applicable and with all the operating conditions attached to the certificate and shall conduct his operations at least to the standard of flight safety required to qualify for the issue of such a certificate. Non-compliance with such operating conditions or failure to comply with the rules or to maintain an adequate standard of flight safety shall subject to the provisions of rule 341 result in the cancellation of the certificate by the Director-General or suspension of the certificate for such period as he thinks fit.
190. Operators to carry mails.- The holder of an air operator certificate-airline, or an air operator certificate-charter, shall perform all such reasonable services as the Director-General of Posts may require, in regard to the conveyance of mails, with or without officers of the post office in charge thereof, on an air transport service. The remuneration for carriage of mails shall be such as may be determined from time to time by the Director-General. The mails to be carried shall have priority over carriage of passengers and freight and shall be in conformity with any international agreement ratified by the Federal Government. Any dispute arising out of the carriage of mails by an operator shall be decided by the Director-General.
Section 4 – RESPONSIBILITIES OF OPERATORS
191. Operators to provide an Operations Manual.- The holder of an air operator certificate issued under this Part shall prepare, and make available to each member of his operating staff, an Operations Manual which shall contain all such information and instructions as are relevant to
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the flight operations of all the types of aircraft which are operated by that operator. Such an Operations Manual shall be submitted to the Director- General for approval and the operator shall make such amendments or additions as may be required by the Director-General and an aircraft to which such an amendment or addition applies shall not fly for the purpose of commercial operations until such amendment or addition is made effective. The operator shall ensure that all amendments are notified to the Director-General and incorporated in the Operations Manual and made available in the shortest practicable time to each member of his operating staff.
192. Contents of an Operations Manual.- An Operations Manual shall contain such information and instructions as may be specified by the Director-General in Air Navigation Orders, to facilitate the safe and efficient performance of duties by members of flight crews and operating staff. The Manual shall not conflict with any rule, Air Navigation Order, or other direction issued by the Director General and in the case of an operator engaged in international operations, shall also not conflict with the laws, regulations and procedures of the countries into or over which his aircraft are operated.
193. Operators to establish training programmes.- (1) The holder of an air operator certificate issued under this Part shall establish and maintain a ground and flight training programme to ensure that each flight crew member and each flight operations officer employed for operational control duties, is adequately trained to perform his assigned duties. The facilities, and the qualifications of the instructors, and the ground and flight training programmes shall be subject to the approval of the Director- General.
(2) A programme established under this rule shall include such recurrent training as may be specified by the Director-General in Air Navigation Orders and shall also contain the following items which shall
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be carried out at such intervals as may be specified by the Director- General:
(a) a check of piloting technique;
(b) a check of the ability of flight crews to correctly execute emergency procedures; and
(c) if operations are conducted under instrument flight rules, a check of the ability of pilots to comply with such rules and to carry out instrument approach procedures.
194. Operators to ensure awareness of foreign rules.- The holder of an air operator certificate, issued under this Part, who is engaged in international operations, shall ensure that his employees are aware that they must comply with such laws, regulations and procedures as are applicable in those foreign States in which his aircraft are operated, that the flight crews are familiar with the regulations and procedures in force in the area in a foreign State in which the aircraft is to be operated and, in particular, with the regulations and procedures which relate to the aerodromes and air navigation facilities which are to be used by the aircraft in a foreign State.
195. Operators to ensure adequacy of facilities.- The holder of an air operator certificate issued under this Part shall not permit an aircraft to fly unless he has ascertained by every reasonable means that the aeronautical radio stations and navigational aids serving an intended route, and any planned diversion are adequate for the safe navigation of the aircraft and that the aerodromes which are intended to be used for departure and destination, including any which may be used as an alternate, are suitable for the purpose and are adequately manned and equipped.
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196. Operator to provide cabin attendants.- (1) The holder of an air operator certificate-airline, or an air operator certificate-charter, shall not permit an aircraft to fly unless it carries at least the minimum number of cabin attendants as may be directed by the Director-General.
(2) An operator shall assign to cabin attendants provided under sub rule (1) such emergency functions as they may be required to carry out to preserve the safety of passengers and shall establish and maintain a training programme approved by the Director-General to ensure that they are individually and collectively:
(a) fit and competent to carry out such duties in the event of an in-flight emergency, or an emergency evacuation of an aircraft on the ground;
(b) practiced in the use of emergency and life-saving equipment carried in the aircraft in which they fly;
(c) knowledgeable as regards the effect of lack of oxygen and the loss of pressurization;
(d) aware of the emergency function assigned to other crew members when co-ordination of action is necessary; and
(e) aware of the types of dangerous goods that can be carried in a passenger compartment and those that cannot. 197. Operators to ensure that flight crew are qualified.- (1) The holder of an air operator certificate issued under this Part shall not permit an aircraft to fly unless: (a) the number and composition of the flight crew are not less than the minimum specified in the Operations Manual for that aircraft and the route to be flown;
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(b) a pilot in the flight crew is designated as pilot-in- command for that flight; and
(c) all members of the flight crew are fit to carry out their duties.
(2) An operator subject to his rule shall not permit an aircraft to fly for other than training purposes unless:
(a) each member of the flight crew holds a valid licence appropriate to his duties;
(b) each member has demonstrated his competence to perform those duties by successfully completing the training programme required under this part; and
(c) each member of the flight crew is in the regular and full time employment of the holder, or has been authorized by the Director-General to make the flight.
198. Operators to ensure that pilots have recent experience.- The holder of an air operator certificate – airline, or an air operator certificate – charter shall not permit a pilot;
(a) to act as pilot-in-command of an aircraft unless:
(i) he has in the preceding ninety days carried out three take-offs and three landings in the same type of aircraft;
(ii) he has in the preceding six months, or such greater period as may be agreed by the
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Director-General, demonstrated his ability to execute the emergency procedures specified in the Operations Manual for use in that aircraft;
(iii) he has in the preceding twelve months demonstrated that he has an adequate knowledge of the route to be flown and the aerodromes which are to be used; and
(iv) he has in the preceding twelve months made an approach and landing as a member of the flight crew, or as an observer on the flight deck, at each aerodrome of landing on the route, or has qualified in another manner approved by the Director General; or
(b) to act as a co-pilot in a public transport aircraft, or a charter aircraft unless he has in the preceding six months, or such greater period as may be agreed by the Director-General, demonstrated his ability to carry out the functions of a co-pilot in the execution of the emergency procedures specified in the Operations Manual for use in that aircraft, and in the preceding ninety days he has served as pilot-in-command or as co- pilot at the flight controls of the same type of aircraft.
199. Operators to be insured.- The holder of an air operator certificate issued under this Part shall arrange for insurance in respect of such claims as may be made relating to injury or death of a person, not being a passenger in his aircraft, or damage to property resulting from any accident or incident involving his aircraft, and in the case of the holder of an air operator certificate – airline or an air operator certificate – charter, shall arrange for insurance within the limits of liability specified in the
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Warsaw Convention as amended by the Hague Convention, in respect of possible claims relating to injury or death of one or more passengers carried in his aircraft, as a result of any accident or incident in which his aircraft is involved.
200. Aerodrome operating minima.- (1) The holder of an air operator certificate issued under this Part shall establish aerodrome operating minima for each aerodrome to be used in his operations. Such minima shall contain:
(a) the minimum conditions in terms of cloud ceiling, and visibility, or runway visual range for take-off in respect of each runway which is to be used for take-off;
(b) the minimum conditions in terms of minimum descent altitude or height, visibility or runway visual range, and visual reference for an approach and landing at each runway which is to be used and which is served by a non precision approach aid;
(c) the minimum conditions in terms of decision altitude or height, visibility or runway visual range, and visual reference for an approach and landing at each runway which is to be used and which is served by a precision approach aid; and
(d) the minimum conditions in terms of circling height, in- flight visibility, and visibility or runway visual range for visual circuit and an approach and landing at each aerodrome which is to be used.
(2) When establishing aerodrome operating minima, an operator shall take account of such requirements as may be specified by
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the Director-General in Air Navigation Orders.
(3) Aerodrome operating minima established under this rule shall be submitted to the Director-General for his approval.
201. Flight and duty time limitations.- (1) The holder of an air operator certificate issued under this Part shall not permit an aircraft to fly unless he has established a scheme, which is approved by the Director-General, for the regulation of flight and duty times for every member of the crew of that aircraft, and shall not cause or permit any person to fly as a member of a crew if he knows or has reason to believe that, that person is suffering from fatigue to the extent that the safety of the aircraft would be endangered.
(2) Except with the express authority of the Director- General, the holder of an air operator certificate issued under this Part shall not permit an aircraft to fly if, during the planned flight, any member of the flight crew will accumulate flight time which, when added to the flight time accumulated in the seven days period preceding the flight would be in excess of thirty-five hours, or if added to that accumulated in the thirty days period preceding the flight would be in excess of one hundred hours, or if added to that accumulated in three hundred and sixty five days period preceding the flight would be in excess of one thousand hours.
(3) The holder of an air operator certificate issued under this Part shall not permit an aircraft to fly, nor shall a person act as a member of the crew of an aircraft if during the planned flight the flight and duty time limitations in the approved scheme established by the operator would be exceeded.
202. Provision of rest periods.- (1) The holder of an air operator certificate issued under this Part shall provide each member of a
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crew of an aircraft with a rest period following each duty period which shall be not less than twice the duration of the flight time in that duty period and not less than eight hours, and shall provide a rest period of not less than twenty-four hours in each period of seven consecutive days or shall provide rest periods as directed by the Director-General.
(2) Any rest period provided under this rule shall not include time spent as a passenger or as supernumerary crew of an aircraft on a flight made for the purpose of positioning for a subsequent period of duty.
203. Operators to provide safety devices.- The holder of an air operator certificate issued under this Part shall provide such facilities and safety devices for the protection of the public at the aerodromes normally used by the operator as the Director-General considers adequate and directs.
204. Proving test.- (1) An aircraft of a type, new to an operator, shall not be used on regular public transport operation until it has undergone proving tests under the supervision of, and in accordance with the requirements as the Director-General may specify.
(2) A Regular Public Transport Operator, who seeks to operate on a new route or to a new destination, shall give in writing the details to the Director-General who may, if considers it necessary for reason to be recorded in writing direct the operator to undergo proving tests under the supervision of, and in accordance with the requirement of, the Director-General.
(3) In case of major changes in an aircraft previously in operation on public transport services, or the use of such an aircraft in an operation different to that in which it was previously used, the Director- General may require the aircraft to undergo such proving tests as he
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considers necessary in the circumstances.
(4) No person, other than those essential to the test required under this rule, shall be carried in the aircraft during such tests but mail or cargo may be carried with the permission of the Director-General.
Section 5 – RECORDS TO BE KEPT AND RETURNS TO BE SUBMITTED BY AN OPERATOR
205. Fuel and oil records.- The holder of an air operator certificate issued under this Part shall record the quantities of fuel and oil which are contained in the tanks of his aircraft at the commencement of each flight, and the quantities remaining in the tanks at the end of each flight. Such records shall be retained for a period of not less than three months and shall be made available for inspection by the Director-General as he may require.
206. Flight time and duty period records.- The holder of an air operator certificate issued under this Part shall maintain current records of the duration of duty periods and of the flight time of each of his flight crew members in a form approved by the Director-General and shall retain such records for inspection by the Director-General for such period as he may require.
207. Record of emergency and survival equipment carried.- The holder of an air operator certificate issued under this Part shall record details of the emergency and survival equipment carried by his aircraft on each flight. Such details shall be made immediately available to the Search and Rescue Service as may be required.
207 A. Record of emergency and survival equipment carried.- Operator shall, at all times, have available for immediate communication to rescue co-ordination centres, lists containing information on the
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emergency and survival equipment carried on board any of their aeroplanes engaged in international air navigation. The information shall include as applicable, the number, colour and type of life rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of the emergency portable radio equipment.
208. Record of flight preparation.- The holder of an air operator certificate – airline, or an air operator certificate – charter shall record details of the flight preparation carried out before a flight by a regular public transport aircraft, or by a charter aircraft, and shall retain such records for a period of not less than three months.
209. Record of operational flight plans.- (1) The holder of an air operator certificate issued under this Part shall record:
(a) the details of the operational flight plan completed for the flight of a regular public transport aircraft, or a charter aircraft; and
(b) the details of the calculation of the mass and balance of each aircraft for each take-off and landing.
(2) Records made under sub-rule (1) shall be retained for a period of not less than three months.
210. Record of flight crew licences.- The holder of an air operator certificate issued under this Part shall maintain a record containing details of the licences held by each of his flight crew members together with details of the ratings and certificates of test or competency included in or associated with those licences. He shall record details of the ground and flight training undertaken by his flight crew members together with the results of any proficiency checks and shall record the route and
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aerodrome qualifications of pilots-in-command. Such records shall be retained throughout the period of the employment of each flight crew member and for a further period of three months.
211. Aircraft journey log.- The holder of an Air Operator Certificate issued under this Part shall record in an aircraft journey log book the following details relating to each flight by a regular public transport or a charter aircraft, unless this information is contained in one or more alternative documents in a manner acceptable to the Director-General:
(a) the aircraft nationality and registration;
(b) the date;
(c) the name of crew members;
(d) the duty assignments of crew members;
(e) the place of departure;
(f) the place of arrival;
(g) the time of departure;
(h) the time of arrival;
(j) the hours of flight;
(k) the nature of the flight;
(l) incidents and observations, if any; and
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(m) the signature of the person in charge.
212. Flight recorders.- The holder of an Air Operator Certificate issued under this Part shall retain the records produced by a flight recorder, required under rule 247 for a period of not less than three months and shall make them available for inspection by the Director- General as he may require. The holder shall ensure to the extent possible that the flight recorder records will be preserved in the event that the subject aircraft becomes involved in an accident and shall keep such records in safe custody until instructed by the Director-General to release them for the purpose of accident investigation.
213. Operators to have audited accounts.- The holder of an Air Operator Certificate issued under this Part shall have properly maintained accounts which shall be audited every year by registered accountants. Two copies of the annual accounts and the auditor’s report shall be made available to the Director-General within twenty-one days of their completion.
214. Returns of statistics.- (1) The holder of an Air Operator Certificate issued under this Part shall submit to the Director-General, in such form as he may prescribe;
(a) monthly returns regarding the operation of his air transport services and other flight operations, such returns to reach the director-General not latter than forty- five days after the expiry of the month of which they refer; and
(b) annual returns regarding the financial results of such operations during each calendar year, such returns to reach the director-General not later than three months
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after the expiry of the year to which the return relates.
(2) No information furnished under clause (b) of sub-rule (1) shall be published or disclosed without the consent in writing of the certificate holder to whom it refers and any person who publishes or discloses any such information without such consent shall be guilty of an offence under these rules.
Provided that nothing in this sub rule shall apply to the publication or disclosure by an authorized person of collective or summarised information relating to air transport services, nor to publication or disclosure of any information for the purposes of any legal proceedings which may be taken in pursuance of this Part, or for the purpose of any report of such proceedings.
PART XII – COMMERCIAL FLIGHT OPERATIONS
Section 1 – APPLICABILITY
215. Part to apply to commercial aircraft.- This Part shall apply to regular air transport aircraft, charter aircraft and aerial work aircraft.
Section 2 – FLIGHT PREPARATION
216. Operational flight plan.- An operational flight plan shall be completed for every intended flight of an aircraft to which this Part applies, which shall be approved and signed by the pilot-in-command and, where applicable, signed by the Flight Operations Officer. A copy shall be retained by the operator or his agent, or if this is not possible, a copy shall be left with the Aerodrome Manager or in a suitable place at the aerodrome of departure.
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217. Alternate aerodrome.- If any part of an intended flight of an aircraft to which this Part applies is to be conducted in accordance with Instrument Flight Rules, the operational flight plan shall include at least one alternate aerodrome.
218. Fuel and oil requirements.- The pilot-in-command of an aircraft to which this Part applies shall not commence a flight unless the quantities of fuel and oil carried are not less than the minimum quantities specified in respect of such a flight by the Director-General in Air Navigation Orders.
Section 3 – RESPONSIBILITIES OF A PILOT-IN-COMMAND
219. Pilot not to commence a flight.-The pilot-in-command of an
aircraft to which this Part applies, shall not commence a flight unless he is
satisfied, and has certified that he is satisfied that:
(a) the aircraft is airworthy;
(b) the instruments and equipment prescribed in his
Operations Manual for the particular type of operation to
be undertaken are installed and are serviceable;
(c) a certificate of release to service and a certificate of
maintenance review have been issued in respect of the
aircraft that will remain valid for the duration of the flight;
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(d) the mass of the aeroplane does not exceed the
maximum mass which has been calculated in
accordance with the criteria relating to the performance
of the aircraft at which the aircraft can safely take off in
the space available, maintain the required clearance
above obstacles while airborne, and safely land in the
space available at the destination aerodrome or at any
designated alternate;
(e) the load carried by the aircraft is properly secured and is
so distributed as to achieve a balance within the limits
prescribed in the aircraft Flight Manual, or equivalent
document;
(f) an operational flight plan has been properly completed in
conformity with the criteria in his Operations Manual; and
(g) adequate security procedures have been implemented
to guard against unlawful interference.
220. Pilot responsible for operation and safety of an aircraft.- (1)
The pilot-in-command of an aircraft to which this Part applies shall be
responsible for the operation and safety of the aircraft, for the safety of
persons carried and for the conduct and safety of the members of the
crew; he shall also be responsible for the disposition of the aircraft while
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he is in command and for the maintenance of discipline by all persons on
board and shall have authority commensurate with these responsibilities.
(2) The Pilot-in-command of an aircraft shall not commence
flight if any of his cock-pit flight crew member appears, or is unable to
perform his duties because of any injury, sickness, fatigue, or under the
effect of alcohol or drugs suffers from any such incapacitation during
flight, he shall land at the nearest airport or aerodrome.
221. Passengers to be Informed about emergency equipment.-
(1) The pilot-in-command of an aircraft to which this Part applies
shall ensure that all passengers are informed:
(a) when and how oxygen equipment is to be used if the
carriage of oxygen is required;
(b) as to the location and use of life jackets or equivalent
individual flotation devices where their carriage is
required;
(c) as to the location and method of opening emergency
exits;
(d) when seat belts are to be fastened; and
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(e) when smoking is prohibited.
(2) All passageways and exist shall be kept free from
obstruction and so fastened as to permit their immediate use in an
emergency when the aircraft is in flight.
222. Passengers to be instructed in an emergency.- The pilot-in-
command of an aircraft to which this Part applies shall in an emergency,
inform the passengers of the location and general manner of use of the
relevant emergency equipment carried for collective use and shall instruct
them to take such emergency action as may be appropriate.
223. Pilots to be strapped in at the controls.- The pilot-in-
command of an aircraft to which this Part applies shall ensure that at least
one pilot remains at the controls at all times that engines are running, that
each member of the flight crew is at his duty station on the flight deck with
his safety harness fastened, during take-off and landing and that each
member remains there en-route with at least his seat belt fastened except
when the absence is necessary for the performance of duties in
connection with the operation of the aircraft, or is for physiological
reasons, or because the crew member has been replaced by another
flight crew member with equivalent qualifications.
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224. Flight crew to use check Lists and observe limitations.- The
pilot-in-command of an aircraft to which this Part applies shall ensure that
the check lists, the flight deck procedures and other instructions which are
included in the Operations Manual for use by the flight crew, and the
limitations contained in the aircraft Flight Manual or, equivalent document,
are fully complied with at the appropriate times during the flight.
225. Adverse weather conditions.- The pilot-in-command of an
aircraft to which this Part applies shall not commence a flight unless:
(a) he has obtained a forecast of the meteorological
conditions along the route to be flown;
(b) the conditions at the aerodrome of departure are at or
above the minimum conditions specified in the
Operations Manual for take-off at that aerodrome; and
(c) the available information indicates that conditions at the
aerodrome of intended landing, or at one or more
alternate aerodromes will at the expected time of arrival,
be at or above the aerodrome operating minima for
landing specified in the Operations Manual.
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226. Flight in icing conditions.- The pilot-in-command of an aircraft
to which this Part applies shall not take-off for the purpose of making a
flight, nor continue a flight which has already commenced, into an area
where icing conditions are known, or are expected to occur, unless the
aircraft has functioning de-icing or anti-icing equipment capable of
preventing the impairment through ice formation of the functioning of the
controls, means of propulsion, lifting surfaces, windows, or equipment to
the extent that would endanger the aircraft.
227. Adverse destination weather.- The pilot-in-command of an
aircraft to which this Part applies shall not continue a flight towards the
aerodrome of intended landing unless the latest available information
indicates that at the expected time of arrival a landing can be made at that
aerodrome, or at an alternate aerodrome, with conditions at or above the
aerodrome operating minima for landing specified in the Operations
Manual.
228. Limitations on approach and landing.- (1) The pilot-in-
command of an aircraft to which this Part applies shall not commence an
approach to landing by passing the initial approach fix, or continue an
approach to landing unless the reported conditions are at or above the
aerodrome operating minima specified in the Operations Manual for
landing at that aerodrome except that if a deterioration below the minima
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is reported after the aircraft has passed the outer marker on a precision
approach, the approach may be continued.
(2) The provisions of sub rule (1) notwithstanding, an
approach to landing shall not be continued by flying below the minimum
descent altitude or minimum descent height, or minimum decision altitude
or minimum decision height, whichever is specified in the Operations
Manual as applicable to that approach to landing, unless the specified
visual reference has been required and is maintained.
229. Limitations on visual circling.- The pilot-in-command of an
aircraft to which this Part applies shall not carry out a visual circling
procedure at an aerodrome unless the inflight visibility and the reported
horizontal visibility on the ground are at or above the minimum values
specified in the Operations Manual for such a procedure, and he has
acquired and can maintain the specified visual reference, and shall not fly
below the minimum circling height specified in the Operations Manual
except when making a final approach to landing.
230. Limitations on take-off.- The pilot-in-command of an aircraft to
which this Part applies shall not take-off when the conditions at the
aerodrome of departure are reported to be below the specified aerodrome
operating minima for landing unless there is an aerodrome, at which the
conditions are reported to be at or above the aerodrome operating
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minima specified for landing at that aerodrome, which is within such
distance or flight time as may be specified by the Director General in Air
Navigation Orders.
231. Pilots to report weather conditions.- (1)The pilot-in-command
of an aircraft to which this Part applies shall report, in the approved form
and at such times as may be requested by an Air Traffic Services Unit,
the meteorological conditions observed en-route.
(2) When any meteorological condition, hazardous to flight,
is encountered en-route, the pilot-in-command shall report the condition
as soon as possible giving such details as appear pertinent to the safety
of other aircraft.
Section 4 – GENERAL REQUIREMENTS
232. Flight crews to use oxygen.- (1) Each member of the
flight crew of an aircraft to which sub-rule (1) of rule 249 applies shall use
breathing oxygen continuously at all times that the aircraft is flying at an
altitude higher than 13000 ft, and shall use breathing oxygen to the extent
necessary to maintain full and unimpaired faculties at all times that the
aircraft is flying at an altitude higher than 10000 ft but not higher than
13000 ft.
(2) Each member of the flight crew of an aircraft to which
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sub-rule (2) of rule 249 applies shall have available at his flight duty
station a quick donning type of oxygen mask whenever the aircraft is
flown at an altitude higher than 25000 ft and in the event of a loss of
pressurization shall use it to obtain breathing oxygen in compliance with
sub rule (1) of this rule.
233. Simulation of emergencies.- The flight crew of an aircraft to
which this Part applies shall not, when in flight simulate an emergency
situation which affects the flight characteristics of that aeroplane at any
time that passengers are being carried.
234. Cabin attendants to use seat belts.- The cabin attendant
members of the crew of an aircraft to which this Part applies shall be
seated with seat belts or safety harnesses fastened during take-off and
landing and at such other times as directed by the pilot-in-command.
235. Passengers not to be carried.- An aircraft to which this Part
applies shall not carry passengers at any time when it is being operated:
(a) to give flight instruction required for the issue of a private
pilot licence;
(b) in order to acquire the experience required for the issue
of a private pilot licence;
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(c) to give flight instruction required for the endorsement of a
rating in a pilot licence;
(d) for the purpose of a flight check required for the issue or
renewal of a pilot or flight engineer licence, or for the
issue or renewal of a certificate of competence in respect
of a pilot or flight engineer; or
(e) to flight test the aircraft, or its power plant, or equipment;
except that when an aircraft is being operated:
(i) for the purpose of giving flight instruction, it may
carry other persons who have been or who are
to be given flight instruction on that flight; or
(ii) for the purpose of flight testing the aircraft or its
components, power plant or equipment, it may
carry engineering and maintenance personnel
who are required as part of their duties, to be
present in the aircraft during the flight for the
purpose of flight observation or of maintenance
of the aircraft or its components, or equipments.
236. Entry to flight deck.- (1) A person shall not enter the
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flight crew compartment of an aircraft to which this Part applies when the
aircraft is in flight unless he is a member of the crew of the aircraft, or has
the permission of the pilot-in-command, or is a person authorized by the
Director General to carry out a flight inspection of the aircraft or flight
checks of members of its crew.
(2) A pilot seat or other operating crew position in an aircraft
to which this rule applies shall not be occupied by any person other than a
member of the operating crew of the aircraft who is licensed and qualified
for the duties associated with that seat or position, or by a person
authorized by the Director General to carry out flight inspections or flight
checks in that aircraft.
(3) The provisions of this rule notwithstanding, the pilot-in-
command of an aircraft shall have the authority to refuse to permit any
person to enter the flight crew compartment during flight, or to occupy a
pilot seat or other operating crew position, if in his opinion, the presence
of that person, or his occupation of a pilot seat or other operating crew
position, would endanger the aircraft.
(4) If the person who is refused permission under the
provisions of sub rule (3) of this rule is a person authorized by the Director
General to carry out flight inspections or flight checks in that aircraft, the
pilot-in-command shall state the reasons for his refusal to that person and
immediately after completion of the flight shall furnish a report in writing to
the Director General.
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237. Alcohol not to be consumed.- (1) A person shall not act
as a crew member of an aircraft to which this Part applies, or as a Flight
Operations Officer on operational control duties, or as an Air Traffic
Controller, if he has consumed any alcoholic liquor or partaken of any
narcotic substance or drug, during the period of eight hours immediately
preceding the start of his duty period.
(2) A person to whom this rule applies shall not consume
any alcoholic liquor, nor partake of any narcotic substance or drug during
any period when he is on duty.
238. Flight engineer to be carried.- A regular air transport aircraft or
a charter aircraft which has a separate station for a flight engineer shall
have in the flight crew at least one flight engineer especially assigned to
that station unless the flight engineer duties can be satisfactorily carried
out by another flight crew member, without interference with his regular
duties, who is qualified for such duties.
239. Navigator to be carried.- The flight crew of a regular air
transport aircraft or a charter aircraft shall include at least one member
who holds a valid flight navigator licence on all flights where the
navigation necessary for the safe conduct of the flight cannot be carried
out by the pilots while sitting in the pilot seats.
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240. Compliance with Operations Manual.- (1)The members of the
flight crew of an aircraft to which this Part applies shall comply with all
instructions relating to their duties which are contained in their Operations
Manual.
(2) The personnel employed by an Operator on operational
control duties shall comply with the instructions in the Operations Manual
relating to those duties.
PART XIII – AIRCRAFT REQUIREMENTS
Section 1 – AIRCRAFT LOADING AND
PERFORMANCE OPERATING LIMITATIONS.
241. Performance limitations.- (1) An aircraft registered in Pakistan
shall not fly for the purpose of regular air transport, or charter, or aerial
work unless such requirements as may be prescribed by the Director
General in Air Navigation Orders in respect of its mass and related
performance are complied with.
(2) In assessing the ability of an aircraft to comply with this
rule, the information in respect of performance contained in the Flight
Manual or certification document relating to the aircraft, shall be used.
242. Loading limitations.- An aircraft registered in Pakistan shall not
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fly for the purpose of regular air transport, charter, or aerial work unless
the loading of the aircraft has been carried out in accordance with any
instructions and conditions relating to loading and balance which are
contained in the Operations Manual and Flight Manual, or equivalent
certification document relating to the aircraft and any relevant instructions
and conditions specified by the Director-General in Air Navigation Orders,
and the load is properly secured.
Section 2 – AIRCRAFT INSTRUMENTS AND EQUIPMENT
243. Emergency locator beacons.- (1) An aircraft which is
registered in Pakistan shall not be flown over water at a distance of 93
kms or more from land, or over areas where search and rescue would be
difficult unless it carries an Emergency Location Beacon-Aircraft which;
(a) operates automatically in the event of a crash;
(b) is capable of manual operation by survivors;
(c) has a power source independent of the aeroplane;
(d) is water resistant and buoyant; and
(e) is unlikely to be rendered inoperative in the event of a
crash.
(2) An aircraft to which this rule applied shall not be flown
over land areas in Pakistan which have been designated
by the Director-General as areas in which search and
rescue would be especially difficult, or over land areas in
other States which have been designated by the State
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concerned as areas in which search and rescue would
be especially difficult unless it is equipped with at least
one portable survival radio equipment and with such
signalling devices and life saving equipment, including
means of sustaining life, as may be appropriate to the
area overflown.
244. Navigation equipment.- (1) An aircraft registered in
Pakistan shall have navigation equipment which will enable it to
proceed in accordance with the operational flight plan or that flight and
to comply with the requirements of air traffic services, and on any flight
in an area where a minimum navigation performance is specified, it
shall have equipment which complies with the specification.
(2) The equipment provided under this rule shall be
sufficient for compliance with this rule after the failure of one item.
245. Instrument approach equipment.- An aircraft registered in
Pakistan, on flights in which it is intended to carry out an instrument
approach procedure, shall be provided with equipment capable of
receiving signals providing guidance to a point from which a visual landing
can be made while complying with the appropriate instrument approach
procedure. Such equipment shall be capable of providing guidance at any
aerodrome where it is intended to carry out an instrument approach
procedure.
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246. In-flight emergency equipment.- An aircraft registered in
Pakistan and operated by the holder of an Air Operator Certificate, shall
not fly unless it is equipped with:
(a) adequate medical supplies which are appropriate to the
passenger carrying capacity of the aircraft and which are
accessible during flights;
(b) portable fire extinguishers, of a type which will not cause
dangerous contamination of the air when they are used
inside the aeroplane, located in the pilot’s compartment
and in passenger compartments which are separate
from the pilot’s compartment;
(c) a seat fitted with a seat belt or a berth fitted with
restraining belts for each passenger in the aircraft who is
more than two years old;
(d) a seat fitted with a safety harness for each member of
the flight crew and for each cabin attendant who is
assigned emergency evacuation duties, and a seat fitted
with a safety belt for each other cabin attendant;
(e) a means of informing passengers when seat belts are to
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be fastened and when restrictions on smoking apply;
(f) a means of informing passengers about the location and
the use of life jackets and/or flotation devices when these
are required to be carried on that flight;
(g) a means of informing passengers about the location and
the method of opening emergency exists;
(h) a means of informing passengers as to when and how
oxygen equipment is to be used if the carriage of oxygen
is required on that flight; and
(j) spare electrical fuses of appropriate ratings for
replacement of those which are accessible in flight.
247. Flight recorders.- (1) An aircraft registered in Pakistan which
has a maximum permissible all up mass over 5700 kgs and which is
operated by the holder of an air operator certificate – airline or an air
operator certificate-charter, shall not commence a flight unless it is
equipped with a serviceable flight data recorder capable of recording time,
altitude, airspeed, vertical acceleration and heading.
(2) If an aircraft subject to sub rule (1) of this rule has a
maximum permissible all up mass over 27000 kgs, the flight data recorder
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shall in addition be capable of recording the attitude, of the aircraft, and
the basic forces acting upon it, together with the origin of such forces. The
aircraft shall also be equipped with a serviceable cockpit voice recorder
capable of recording the aural environment of the flight deck.
(3) Flight data recorders and cockpit voice recorders which
are installed in compliance with this rule shall be so constructed and
located as to afford maximum practicable protection to the recorded data.
(4) Flight data recorders shall be capable of retaining the
data recorded during at least the last 25 hours operation. Cockpit voice
recorders shall be capable of retaining the information recorded during at
least the last 30 minutes of operation.
(5) Flight data recorders and cockpit voice recorders shall
be switched on at all times during flight.
248. Life saving equipment.- An aircraft registered in Pakistan shall
not fly unless it has the life saving and other emergency equipment
appropriate to that flight as may be specified by the Director-General in
Air Navigation Orders.
249. Oxygen requirements – commercial aircraft.- (1) An aircraft
registered in Pakistan which is operated by the holder of an Air Operator
Certificate and which is not equipped with a system for maintaining a
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pressure greater than 700 hectopascals in the flight crew and passenger
compartments, shall not fly at an altitude higher than 10000 ft unless it
carries sufficient stored breathing oxygen with dispensing apparatus:
(a) to supply all crew members and 10 per cent of
the passengers for any period in excess of 30
minutes that the aircraft will be flown at an ltitude
between 10000 ft and 13000 ft; and
(b) to supply all crew members and all passengers for any
period that the aircraft will be flown at an altitude higher
than 13000 ft.
(2) An aircraft to which this rule applies which is equipped
with a system for maintaining a pressure greater than 700 hectopascals in
the flight crew and passenger compartments shall not fly at an altitude
higher than 25000 ft unless:
(a) it is equipped with a means of providing a positive
warning to the pilot of any dangerous failure of the
pressurization system; and
(b) stored breathing oxygen is carried with dispensing
apparatus to supply the crew members and passengers
in the event of a loss of pressurization during a descent
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to a height below 10000 ft, sufficient to supply the crew
and passengers in compliance with sub-rule (1) of this
rule.
250. Oxygen requirements – private aircraft.- An aircraft registered
in Pakistan, other than one to which the preceding rule applies, shall not
be operated at heights above 10000 ft unless:
(a) sufficient breathing oxygen with dispensing apparatus is
carried to enable the members of the flight crew to retain
full faculties and to prevent harmful effects to
passengers; or
(b) It is equipped with a system for maintaining a pressure
greater than 700 hectopascals in the flight crew
compartment with a means of warning the pilot of any
dangerous loss of pressurization, and it carries sufficient
emergency oxygen to enable the members of the flight
crew to retain full faculties in the event of loss of
pressurization.
251. Dual flight controls and instruments.- (1) An aircraft
registered in Pakistan and operated by the holder of an Air Operator
Certificate shall not fly on any flight when operational considerations
require that two pilots are required in the flight crew unless dual flight
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controls are installed for use by the second pilot together with equipment
for intercommunication between the pilots.
(2) An aircraft to which this rule applies shall not fly unless
the instruments that will be used on that flight by any one pilot are
positioned so as to permit the pilot to see their indications from his station
with the minimum practicable deviation from the position and line of vision
which he normally adopts when looking forward along the flight path.
252. Instruments and other equipment.- Other provisions of this
Section notwithstanding, an aircraft registered in Pakistan shall not fly
unless the items of equipment and the instruments carried on that aircraft
comply with the scales specified by the Director General in Air Navigation
Orders as being appropriate to that flight.
253. Documents to be carried.- (1) An aircraft registered in Pakistan
other than a private aircraft shall not fly unless it carries:
(a) the certificate of Airworthiness issued in relation to that
aircraft;
(b) the certificate of release to service and the certificate of
maintenance review issued in relation to that aircraft;
(c) the aircraft Flight Manual or equivalent certification
169
document;
(d) the licences issued in respect of the radio equipment
installed in the aircraft;
(e) if passengers are carried, a list of their names, places of
embarkation and intended places of disembarkation;
(f) if cargo is carried, bills of lading and manifests relating to
that cargo;
(g) the Operations Manual or those parts of it relating to
flight operations.
(2) A private aircraft registered in Pakistan shall not fly
unless it carries:
(a) details of the weight and balance for that flight;
(b) maps and charts required for that flight;
(c) the certificate of Airworthiness issued in respect of that
aircraft;
(d) the certificate of maintenance issued in respect of that
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aircraft;
(e) the aircraft Flight Manual or equivalent certification
document; and
(f) the licences issued in respect of the radio equipment
installed in the aircraft.
PART XIV – PRIVATE AIRCRAFT OPERATIONS
SECTION 1 – APPLICABILITY
254. Part to apply to private aircraft.- The rules in this Part shall
apply to private aircraft and to operations by such aircraft.
Section 2 – FLIGHT PREPARATION
255. Private aircraft not to fly unless facilities are ascertained to
be adequate.- The pilot-in-command of a private aircraft shall not
commence a flight unless he has ascertained by every reasonable means
at his disposal that the ground areas and facilities available and directly
required for such flight, and for the safe operation of the aeroplane, are
adequate.
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256. Aircraft to be airworthy and suitably equipped. Before
commencing a flight the pilot-in-command of a private aircraft shall satisfy
himself that:
(a) the aircraft is airworthy;
(b) the instruments and equipment installed in the aircraft
are appropriate for the particular type of operation to be
undertaken;
(c) any necessary maintenance has been carried out in
accordance with approved maintenance requirements;
(d) the mass of the aircraft does not exceed the maximum
mass which has been calculated in accordance with the
criteria relating to performance in the aircraft Flight
Manual or equivalent certification document, at which the
aircraft can safely take off in the space available,
maintain a safe clearance above obstacles while
airborne and safely land in the space available at the
destination aerodrome;
(e) any load carried in the aircraft is properly distributed and
safely secured;
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(f) the aircraft operating limitations contained in the aircraft
Flight Manual, or equivalent certification document, will
not be exceeded; and
(g) the flight time limitations specified by the Director-
General in Air Navigation Orders will not be exceeded by
any member of the flight crew during the planned flight.
257. Pilot to take account of weather reports.- Before commencing
a flight the pilot-in-command of a private aircraft shall familiarise himself
with all available information appropriate to the intended operation. For a
flight away from the vicinity of the aerodrome and which is to be carried
out in compliance with instrument flight rules he shall determine an
alternative course of action in the event that the flight cannot be
completed as planned and shall make provision for such alternative
action when determining the fuel requirements of the flight.
258. Passengers to be informed of emergency equipment and
procedures.- Before commencing a flight the pilot-in-command of a
private aircraft shall ensure that crew members and passengers are
made familiar with location and use for safety harness and/or seat belts,
and as appropriate, emergency exits, life jackets, oxygen dispensing
equipment, and other emergency equipment provided for individual use. If
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emergency equipment is carried for collective use, he shall ensure that all
person on board the aircraft are aware of the location and the general
manner of use.
259. Fuel and oil requirements.- (1) The pilot-in-command of a
private aircraft shall not commence a flight to be conducted in compliance
with the Visual Flight Rules unless the aircraft carries sufficient fuel and oil
to ensure that it can safely complete the flight.
(2) The pilot-in-command of a private aircraft shall not
commence a flight to be conducted in compliance with the Instruments
Flight Rules unless sufficient fuel and oil is carried to allow the aircraft to
fly to the destination aerodrome and then to an alternate aerodrome and
thereafter to fly for a period of 45 minutes except that when the
destination aerodrome has a standard instrument approach which is
promulgated and the current meteorological information available to the
pilot indicates that from two hours before the estimated time of arrival to
two hours after, there will be a cloud base atleast 1000 ft above the
minimum decision height or minimum descent height associated with the
instrument approach procedure and a visibility of atleast 4 kms more than
the minimum associated with the procedure, the fuel carried may be that
required to fly to the destination aerodrome and thereafter for a period of
45 minutes.
260. Composition of a flight crew.- The pilot-in-command of a
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private aircraft shall not commence a flight unless the number and
composition of the flight crew are not less than that specified in the
Certificate of Airworthiness of the aircraft, or in the aircraft Flight Manual,
or in other documents associated with the certificate of Airworthiness and
shall ensure that the licences of flight crew members are valid, that the
appropriate aircraft ratings are included and that each member of the
flight crew has maintained the required level of competency and is fit to
act as a crew member.
Section 3 – WEATHER CONDITIONS
AND AERODROME OPERATING MINIMA
261. Private pilots to establish aerodrome operating minima.-
Before commencing a flight in compliance with Instrument Flight Rules,
the pilot-in-command of a private aircraft shall establish aerodrome
operating minima for his use for take-off and landing and shall not select
values lower than any that may be established by the Director-General or
lower than those which may be established for an aerodrome outside
Pakistan, by the State in which the aerodrome is located.
262. Flights not to be commenced in adverse weather.- The pilot-
in-command of a private aircraft shall not commence a flight to be
conducted in compliance with the Instrument Flight Rules unless the
available current meteorological information indicates that conditions at
the destination aerodrome and at any nominated alternate will be at or
above the relevant aerodrome operating minima, and shall not continue a
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flight towards an aerodrome of intended landing unless the latest
available meteorological information indicates that conditions at that
aerodrome, or at an available alternate will, at the estimated time of
arrival, be at or above the relevant aerodrome operating minima.
263. Limitations on an approach to landing.- The pilot-in-command
of a private aircraft shall not commence or continue a final approach to
landing unless the conditions are reported to be at or above the relevant
aerodrome operating minima and shall not continue an approach to
landing by flying below the minimum descent altitude or minimum descent
height, or the decision altitude or decision height in the relevant
aerodrome operating minima unless adequate visual reference has been
acquired and can be maintained.
Section 4 – GENERAL REQUIREMENTS
264. Pilots to comply with laws of other States and to be
responsible for operation and safety of the aircraft.- The pilot-in-
command of a private aircraft shall comply with the relevant laws,
regulations and procedures of the States in which his aircraft is operated
and shall be responsible for the operation and safety of the aircraft and for
the safety of all persons on board during flight time.
265. Fitness of members of flight crew.- The pilot-in-command of
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a private aircraft shall not commence a flight if any member of the flight
crew of the aircraft is unable to carry out his duties because of injury,
sickness, fatigue, or the effects of alcohol or drugs and shall land at the
nearest suitable aerodrome if any member of the flight crew suffers such
incapacity in flight.
266. Flight crew to be at duty stations.- The pilot-in-command of a
private aircraft shall ensure that each member of the flight crew is at his
duty station and has his seat belt fastened or his safety harness fastened
where this is provided, during take-off and landing and that each crew
member remains at his flight duty station with at least his seat belt
fastened except when absence is necessary for physiological reasons.
267. Aircraft to carry oxygen for flight above 10000 ft.
The pilot-in-command of a private aircraft shall ensure that breathing
oxygen is available for use as required by members of the flight crew and
by passengers during flights at altitudes above 10000 ft.
268. Pilot to ensure that all persons on board are instructed as to
the action to take in an emergency.-The pilot-in-command of a private
aircraft shall ensure that in the event of an emergency, all persons on
board are instructed in the appropriate action to be taken.
PART XV – ACCIDENTS AND INCIDENTS
Section 1 – PRELIMINARY
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269. Accidents and Incidents.- For the purpose of this Part:
(a) an accident in relation to an aircraft, is an occurrence
associated with the operation of the aircraft which takes
place between the time any person boards the aircraft
with the intention of flight until such time as all such
persons have disembarked, in which:
(i) a person is fatally or seriously injured as a result
of being in the aircraft, or of being in direct
contact with any part of the aircraft, including
parts which have become detached from the
aircraft, or of direct exposure to jet blast; except
when the injuries are from natural causes, or are
self inflicted, by
other persons, or when the injuries are to
persons secreting themselves outside the
areas normally available to the passengers
and crew; or
(ii) the aircraft sustains damage or structural failure
which adversely affects the structural strength,
the performance, or the flight characteristics of
the aircraft, and which would normally require
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major repair or replacement of the affected
component; except when the damage is limited
to the engine, its cowlings or accessories, or
when the damage is limited to propellers, wing
tips, antennas, tires, brakes, bearings, small
dents or puncture holes in the aircraft skin; or
(iii) the aircraft is missing or is completely
inaccessible ;
(b) an incident in relation to an aircraft is an occurrence
other than an accident associated with the operation of
an aircraft which affects or could affect the safety of
operation and shall include such occurrences as the
Director-General may specify in Air Navigation Orders or
by other means.
Section 2 – NOTIFICATION OF ACCIDENTS AND INCIDENTS
270. Notification of an accident.- (1)In the event that an accident
occurs:
(a) to an aircraft registered in Pakistan; or
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(b) in Pakistan to an aircraft registered in another State;
the pilot-in-command, the operator, the owner, and the
hirer ( if any ) shall each be responsible for ensuring that
a notification of the accident is furnished to the Director-
General by the quickest available means immediately
after the accident, and by a written report to the
Director-General as soon as practicable.
(2) The written report referred to in this rule shall contain the
following particulars, except that if they are not all immediately available
the report shall so state, and a supplementary report containing those
particulars not included in the first report shall be furnished to the Director-
General at the earliest possible date:
(a) the type, model, nationality and registration marks of the
aircraft;
(b) the name of the owner, operator, and hirer if any, of the
aircraft;
(c) the name of the pilot-in-command of the aircraft;
(d) the date and time of the accident;
(e) the last point of departure and the point of intended
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landing of the aircraft and the nature of the flight;
(f) the position of the aircraft with reference to some easily
defined geographical point;
(g) the number of persons aboard the aircraft, the number
killed or seriously injured and the number of others killed
or seriously injured;
(h) the nature of the accident as far as is known;
(j) the nature and extent of the damage to the aircraft
and/or to other property; and
(k) the physical characteristics of the accident area.
271. Notification of an incident.- (1) In the event of the occurrence
of
an incident involving an aircraft registered in Pakistan, the pilot-in-
command, the owner, the operator, and the hirer (if any) shall each be
responsible for ensuring that a written notification of the incident is
furnis
hed
to the Director-General within forty-eight hours of the occurrence.
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(2) The written report referred to in this rule shall contain
such particulars as the Director-General may specify in Air Navigation
Orders or by other means.
Section 3-CUSTODY, PROTECTION AND REMOVAL OF AIRCRAFT
272. Custody of an accident aircraft.- (1) Where an
accident occurs in Pakistan territory to an aircraft registered in Pakistan or
in another contracting State, the aircraft shall be deemed to be in the
custody of the Director-General and it shall not be removed or otherwise
interferred with except with the permission of the Director-General or an
Investigator appointed by the Director-General or the Chairman of a
Board of Accident Inquiry appointed under Section 6 of this Part or as
provided by sub-rule(2) and (3).
(2) Nothing in this rule shall prevent any action necessary
for:
(a) the extrication of persons, animals and mails from the
wreckage of an aircraft;
(b) the protection of the wreckage from destruction by fire or
other cause;
(c) the prevention of danger, or removal of obstruction, to air
navigation or other transport or to the public;
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(d) the removal of the aircraft and its contents to a place of
safety when the aircraft is wrecked on water; or
(e) the removal of goods or baggage under the supervision
of a constable, but in the case of an aircraft which has
come from outside Pakistan territory, the goods or
baggage shall not be removed from the vicinity of the
aircraft except on a clearance by or with the consent of
an officer of customs.
(3) The Director-General may authorise any person, so far
as is necessary for the purpose of any investigation or inquiry under this
Part:
(a) to take measures for the preservation of the aircraft;
(b) to have access to examine, remove or otherwise deal
with the aircraft; and
(c) to make records by photographic or other adequate
means of any material evidence which can be removed,
effected, lost or destroyed.
(4) When the retention of an aircraft, any parts or the
contents thereof is no longer necessary for the purpose of an
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investigation or an inquiry under this Part, the Director-General shall
release custody of the aircraft, parts or contents, as the case may be, to
the owner of the aircraft, or, in the case of an aircraft other than a
registered aircraft to the person or persons duly designated by the State
of registration.
Section 4 – INVESTIGATION OF ACCIDENTS AND INCIDENTS
273. Appointment and powers of an Investigator.- (1) For
the purposes of an investigation into any accident or incident occurring in
Pakistan territory, the Director-General shall appoint one or more
investigators, except that in the case of an accident involving serious
injury or death, he shall obtain the approval of the Federal Government
for such appointments.
(2) A person or persons appointed under sub rule
(1) of this rule shall, for the purpose of investigation, be authorized:
(a) to summon any person as a witness;
(b) to take evidence on oath, or affirmation;
(c) to require the production of documents, or any part or
component of an aircraft which may be relevant to the
investigation; and
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(d) to require that autopsy examinations be carried out on
any fatalities that may have occurred as the result of an
accident, and to require that the findings of such
examinations be made available.
(3) Where an investigator has required the production of a
document or a part or component of an aircraft under this rule, he may
retain the document, or part or component of aircraft, as the case may be
for such period as may be necessary for the purpose of the investigation
and may make copies of, or take extracts from any documents so
produced or retained.
(4) A summons given under this rule shall be in writing
under the hand of the investigator and shall specify the time and the place
for the taking of evidence, or for the documents, or the parts or
components of an aircraft to be produced.
(5) A summons given under this rule shall be deemed to be
served if:
(a) it is given personally to the person to be served;
(b) it is sent by registered post, addressed
to the person to be served, at his last known place of
abode or business; or
(c) it is left at the aforementioned last known place of abode
or business with some person apparently an inmate
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thereof and apparently not less than eighteen years of
age.
274. Rights of implicated persons.- If it appears to the investigator
that the investigation may result in a charge of an offence against these
rules being laid against any person or in the suspension or cancellation of
any licence or certificate issued under these rules or of a rating or other
endorsement endorsed in a licence or certificate issued under these
rules, the investigator shall give that person, or the holder of that licence
or certificate, an opportunity of making any statement or giving any
evidence and calling witnesses on his behalf.
275. Conduct of witnesses.-(1) A person summoned under this
Section as a witness at an investigation who;
(a) disobeys the summons;
(b) refuses to be sworn or to make an affirmation as a
witness; or
(c) fails to answer any question which he is lawfully required
by the investigator to answer;
shall be guilty of an offence under these rules and shall
be punishable with a fine not exceeding five thousand
rupees for each offence.
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(2) A person required under this Section to produce a
document, or a part or component of an aircraft, who refuses or fails to
produce the documents, or part or component of an aircraft, shall be guilty
of an offence under these rules and shall be punishable by a fine not
exceeding five thousand rupees for each offence.
(3) If a witness summoned under this Section refuses to
answer a question from the investigator on the grounds that the answer
might incriminate the witness, or make him liable to any penalty, the
investigator shall inform that witness that he is obliged to answer the
question but that the answer given shall not be admissible in evidence in
any proceedings subsequently taken against the witness other than
proceedings in respect of the falsity of the answer or in respect of his
refusal or failure to answer the question.
(4) A person summoned under this Section shall be paid
such fees and traveling expenses as may be determined by the Director-
General.
(5) A person shall not:
(a) wilfully insult, or disturb the investigator, or hinder the
investigation; or
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(b) by writing or speech, use words which are false, or which
are defamatory to the investigation or to the investigator.
276. Accidents or incidents outside Pakistan.- (1)
Where an accident occurs to a registered aircraft outside
Pakistan territory and in the territory of a Contracting State, the Director-
General with the approval of the Federal Government may appoint an
accredited representative, or investigator, to participate in such
investigation or inquiry as is conducted by the Contracting State.
(2) Where an accident occurs to a registered aircraft outside
Pakistan territory other than in the territory of a Contracting State, or
where the location of the accident cannot be established definitely as
being in the territory of a Contracting State, the Director-General with the
approval of the Federal Government may appoint an accredited
representative or investigator to conduct an investigation into any matter
connected with the accident.
(3) Where an incident occurs outside Pakistan territory to a
registered aircraft, the Director-General with the approval of the Federal
Government may authorise an investigation into any matter connected
with the incident.
277. Information to be furnished to a Contracting State.- Where an
accident occurs in the territory of a Contracting State, and that
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Contracting State conducts an investigation or enquiry, the Director-
General shall, on request by the appropriate authority of that State,
furnish that authority with all the relevant information in his possession.
278. Participation in an investigation. (1) Where an
accident occurs in Pakistan territory to aircraft registered in another
Contracting State, the following shall be entitled to appoint accredited
representatives to participate in the investigation:
(a) the State of Registry;
(b) the State of the Operator, if that State is not the State of
Registry;
(c) the State of Manufacture of the aircraft, if that State is not
the State of Registry, or the State of the Operator; and
(d) any State which, on the request of the Director-General,
has provided information, facilities or experts to assist
the investigator.
(2) Accredited representatives shall be entitled
to participate in an investigation to an extent that they may:
(a) visit the scene of the accident;
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(b) examine the wreckage, if any;
(c) question witnesses;
(d) have full access to all relevant evidence;
(e) receive copies of all pertinent documents; and
(f) make submission in respect of the various elements of
the investigation;
provided that the accredited representative of a State which has
provided information, facilities or experts shall only be entitled to
participate in an investigation of the matters in relation to which
the information, facilities or experts have been provided.
Section 5 – REPORT OF AN INVESTIGATION
279. Investigator to report in writing.- (1) On completion of an
investigation, the investigator shall forward a report in writing to the
Director-General covering the whole of the investigation, and shall
forward with the report all signed statements or other documents which
have come into his possession in the course of the investigation.
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(2) When the investigation relates to any matter connected
with an accident, the Director-General, shall forward the report and all the
signed statements and documents received with it under sub-rule (I) to
the Federal Government with his recommendations and shall comply with
such directions as the Federal Government may give.
280. Disposition of the report on a foreign aircraft.- (1) Upon
receipt of a report by an investigator relating to an aircraft registered in
another Contracting State the Director-General shall send copies to:
(a) the State of Registry of the aircraft;
(b) the State of the Operator, if that State is not the State of
Registry;
(c) the State of Manufacture, if that State is not the State of
Registry or the State of the Operator; and
(d) any State which provided relevant information, significant
facilities, or experts, inviting their significant and
substantiated comments on the report to be made as
soon as possible.
(2) At the end of a period of sixty days from the date of
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dispatch or at such earlier time as all comments are received, the
Director-General may either amend the report to include the substance of
the comments received, if any, or append the comments to the report.
(3) The Director-General shall then produce a final report
which shall be sent to the States listed at sub-rule (1) of this rule.
281. Publication of a report.- (1) The Director-General may
cause the whole or any part of a report to be made public.
(2) The Director-General may, for the guidance of persons
engaged in flight operations, publish such comments and
recommendations relating to the causes or circumstances of any accident
or incident, which has been the subject of an investigation, as he
considers necessary or desirable for the purpose of eliminating the
likelihood of any similar occurrence in the future.
(3) Before taking any section under this rule, the
Director-General shall consult the Federal Government.
Section 6 – BOARDS OF ACCIDENTS INQUIRY.
282. Appointment of a Board.- Where an accident in Pakistan
has been investigated under section 4 of this Part, the Federal
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Government may, whenever it is considered to be desirable in the public
interest, appoint a Board or Accident Inquiry, hereinafter in this section
referred to as the Board to inquire into the causes of the accident and into
such other matters relating to the accident as may be referred to it by the
Federal Government.
283. Constitution of a Board.- (1) The Board appointed under
this Part shall consist of a Chairman and such members as the Federal
Government may consider necessary.
(2) The Chairman shall be a person possessing legal
knowledge and experience or knowledge and experience in aeronautical
engineering, or flight operations.
(3) The members shall be persons possessing
knowledge and experience in aeronautical engineering, or flight
operations, or other specialist knowledge or experience as may be
required for the particular inquiry.
(4) The investigator who conducted the investiga-
tion of the accident which is the subject of the inquiry may be appointed
as a member of the Board or may be attached as a technical adviser.
284. Terms of reference of a Board.-The task of a Board shall be to
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inquire into, and establish the cause of, the accident which is the subject
of the inquiry and to inquire into and report on, such other matters relating
to the accident as may be referred to it. It shall not be the responsibility of
a Board to allocate blame for any such occurrence.
285. Investigation to be taken over by a Board.- On the
appointment of a Board the investigation of the subject accident carried
out under section 4 of this Part if not already completed shall be
terminated and all reports, statements, evidence, documents, aircraft
parts and other things which are in the possession of the investigator and
which are germane to the inquiry, shall be made available to the Board.
286. Powers of a Board.- (1) A Board may conduct the
inquiry in such manner as it sees fit and shall not be bound by the legal
rules of evidence.
(2) A Board shall have all the powers of an
investigator granted under rule 273 of this Part and in exercising the
power to summon witnesses, the summons shall be in writing under the
hand of the Chairman of the Board and shall be served in the same
manner as provided under the said rule.
(3) Witnesses summoned by a Board shall comply
with rule 275 of this Part and shall have the rights granted under this rule
and shall be paid such fees and traveling expenses as may be
determined by the Chairman of the Board.
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(4) The owner or occupier of any place in which
any aircraft or equipment is situated, or any process is carried out which
the Chairman of the Board considers is relevant to the inquiry shall permit
the Chairman and any member of that Board to enter that place and
examine the aircraft, the equipment, or the process.
(5) A person shall not:
(a) wilfully insult, or disturb, or interrupt
the proceedings of a Board;
(b) by writing or speech, use words which are
false or defamatory of a Board; or
(c) commit a wilful contempt of a Board.
287. Right of appearance before a Board.- (1) A person granted
rights under rule 274 of this Part shall have the same rights of making any
statement, or giving any evidence and calling witnesses on his behalf, to
a Board.
(2) The Chairman of a Board may grant leave to
make any statement, or give any evidence to the Board, to a person
being:
(a) a person whom the Chairman considers may be
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affected or prejudiced by the inquiry, or
(b) the representative of an association, a member of
which the Chairman considers may be affected or
prejudiced by the inquiry.
(3) A person appearing under sub-rule (1) or (2)
of this rule may be represented by counsel, solicitor, or agent, who may
examine witnesses and address the Board on the person’s behalf.
(4) Accredited representatives appointed under rule 278 of
this Part shall have the same rights during an inquiry conducted by a
Board as granted to them, during an investigation, under sub-rule (2) of
that rule.
288. Procedures of a Board (1) The time and place for
conducting an inquiry shall be fixed by the Chairman of the Board, being a
dated not less than fourteen days after the receipt of the report of the
investigation carried out under Section 4 of this Part.
(2) Unless the Chairman of the Board directs
otherwise, the sittings of the Board shall be open to the public.
(3) the Chairman of a Board may;
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(a) direct that a witness be excluded from the sittings of
the Board while another witness is giving evidence; and
(b) direct that the whole or a specified part of the
evidence be not published, if in his opinion, it would not be in
the public interest to publish it.
289. Report of a Board.- (1) As soon as is convenient after
conducting the inquiry, the Chairman of the Board shall forward to the
Federal Government a written report stating his findings, together with
notes of the evidence taken, and adding such observations and
recommendations as the thinks fit to make with a view to he preservation
of life and avoidance of future accidents.
(2) The Chairman and each member appointed to
constitute the Board shall sign the report.
(3) When a member disagrees with a finding or
recommendation of the Chairman, the member shall state in writing his
reasons for the disagreement and those reasons shall be forwarded to
the Federal Government with the report and shall be deemed to be part of
the report.
290. Inquiry into further matters.- The Federal Government may
at any stage in an inquiry conducted under this Section advise the Board
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to inquire into such further matters relating to the accident as the Federal
Government thinks fit, and may, where an inquiry has been concluded,
direct the Board to inquire further into such matters relating to the
accident as it thinks fit.
291. Publication of a report.- The Federal Government may
cause the whole or a part of a report of the Board to be made public in
such manner as it thinks fit.
292. Immunity of the Chairman.- The Chairman of the Board
shall, in the exercise of his duties under this section, have the same
protection and immunity as a judge of the High Court.
293. Re-opening of an inquiry (1) The Federal
Government may, in any case where a Board has been held, direct a re-
hearing of the inquiry either generally or as to any part thereof an shall do
so:
(a) if new and important evidence which could not
be produced at the inquiry has been
discovered; or
(b) if for any other reason there is in its opinion
ground for suspecting that a miscarriage of a
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justice has occured.
(2) Such inquiry shall be re-heard either by the
Board by which the inquiry was conducted in the first instance or by some
other competent person appointed by the Federal Government to hold the
re-hearing.
PART XVI – TRANSPORT OF DANGEROUS GOODS BY AIR
Section 1 – APPLICABILITY
294. Parts to apply to carriage of dangerous goods.- The
rules in this Part shall apply to the transport or the intended transport of
dangerous goods in aircraft in or over the territory under the jurisdiction of
Pakistan, or to their transport in aircraft operated by the holder of an air
operator certificate issued by the Director-General wherever they may be.
295. Interpretation.- For the purpose of this Part:
(a) the term “dangerous goods” shall mean any
articles or substances which are capable of posing a
significant risk to health, safety or property when
transported by air and which are included in the classes
of dangerous goods specified in the ICAO Technical
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Instructions for the Safe Transport of Dangerous Goods
by Air (Doc 9284-AN/905) as amended from time to time,
hereafter referred to in these rules as the Technical
Instructions;
(b) the term aircraft shall mean an aircraft other
than a military aircraft, which is registered in Pakistan or
in another Contracting State; and
(c) the term operator shall mean a person, organisation
or enterprise engaged in, or offering to engage in an
aircraft operation in or over Pakistan.
Section 2 – GENERAL
296. Compliance with Technical Instructions.- An aircraft shall not
carry dangerous goods unless the relevant instructions in the currently
applicable edition of the Technical Instructions have been complied with.
297. Carriage of forbidden articles.- Unless specially authorized by
the Director-General an aircraft shall not carry:
(a) articles and substances that are identified as
being forbidden in the Dangerous Goods List in the
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Technical Instructions, including those that are described
in that list as “not otherwise specified”;
(b) radio active materials that are also explosive;
(c) infected live animals; or
(d) weapons or parts thereof, or ammunition or
constituents thereof, which are designed for use in
warfare, or against the person.
298. Articles forbidden under all circumstances.- An aircraft shall
not carry the following goods under any circumstances:
(a) any substances or articles specifically
mentioned by name in the Technical Instructions as
being forbidden for transport by aircraft under any
circumstances;
(b) explosives which ignite or decompose when
subjected to a temperature of 75 degree for 48 hours;
(c) explosives containing both chlorates and
ammonium salts;
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(d) explosives containing mixtures of chlorates with
phosphorus;
(e) solid explosives which are classified as extremely
sensitive to mechanical shock;
(f) liquid explosives which are classified as moderately
sensitive to mechanical shock;
(g) any substance, as presented for transport
which is liable to produce a dangerous evolution of
heat or gas under the conditions normally
encountered in air transport;
(h) radio-active liquids which are pyrophoric;
(j) flamable solids and organic peroxides having,
as tested, explosive properties and which are packed in
such a way that the classification procedure would
require the use of an explosive label as a subsidiary risk
label.
299. Exemptions from the provisions.- Articles and
substances which would otherwise be classed as dangerous goods may
be transported other than in compliance with the provisions of these rules
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if:
(a) they are required to be aboard the aircraft for
compliance with the applicable Airworthiness
requirements or operating regulations;
(b) they are replacements for the articles or substances
described under (a) and are transported in compliance
with the applicable provisions of the Technical
Instructions; or
(c) they are intended for the personal use of passengers or
crew members and the provisions of the Technical
Instructions applicable to “Dangerous Goods Excepted”
are complied with.
300. Conditions for commencing flight.- The pilot-in-command
of a regular public transport aircraft or a charter aircraft shall not
commence a flight for the purpose of transporting dangerous goods
unless the provisions of the Technical Instructions which are appropriate
to the transport of those dangerous goods have been complied with.
Section 3 – RESPONSIBILITIES OF A SHIPPER
301. Adequate packaging.- A person shall not offer dangerous
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goods for transport by air unless they are packed in receptacles of good
quality which are so constructed and closed as to prevent leakage during
normal conditions of air transport, or as a result of changes in
temperature, pressure or humidity, or by vibration and, if the means of
closure is a friction type such as a stopper or cork, there is a positive
means of holding it in position.
302. Separation of dangerous goods.- A person offering
dangerous goods for transport by air shall not pack them in the same
outer packaging with other goods which are capable of producing a
dangerous reaction when in contact with the dangerous goods.
303. Prevention of breakage or leakage.- Receptacles
containing dangerous goods which are inside an outer packaging shall be
packed, or secured, or cushioned, so as to prevent breakage of the
receptacle, or leakage, and so as to control their movement within the
outer packaging during normal conditions of air transport and if
cushioning or other absorbent materials are used, they shall not be
substances capable of producing a dangerous reaction when in contact
with the dangerous goods.
304. Packages or overpacks.- A person shall not offer a
package of dangerous goods, or an overpack containing dangerous
goods for transport by air if such dangerous goods are forbidden for
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transport by air in the Technical Instructions unless specific authority for
such transport has been given by the Director-General.
305. Goods to be classified, marked and labelled.- A person
offering a package of dangerous goods or an overpack containing
dangerous goods for transport by air shall ensure that they are properly
classified, packed, marked and labelled in accordance with the
requirements in the Technical Instructions and shall submit to the aircraft
operator a properly executed dangerous goods transport document and
an air way bill which comply with the specifications in the Technical
Instructions.
306. Additional Requirements.- A person offering dangerous
goods for transport by air shall comply with such additional requirements
in the Technical Instructions as may be appropriate to the particular
circumstances.
307. Training and qualification of employees and agents.-A
person offering dangerous goods for transport by air shall ensure that his
employees or agents have been properly trained and qualified as
specified in the Technical Instructions to handle such goods.
Section 4 – RESPONSIBILITIES OF AN OPERATOR
308. Acceptance of goods.- An operator shall not accept a package
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or overpack containing dangerous goods for transport by air:
(a) unless the dangerous goods have been properly
described and the package or packages are certified as
meeting the applicable requirements of the Technical
Instructions; and
(b) until he has inspected the package or overpack
for proper marking and labelling and has determined that
it is not leaking or damaged in such a way as to
compromise its integrity.
309. Inspection of packages.- A package or overpack
containing dangerous goods shall be inspected by the operator for
evidence of leakage or damage before it is loaded onto an aircraft or
before it is loaded into a unit load device, and a unit load device
containing dangerous goods shall be inspected for evidence of leakage or
damage before it is loaded into an aircraft.
310. Leaking packages not to be loaded A package, or
overpack, or unit load device shall not be loaded into an aircraft if there is
any evidence of leakage from, or damage to, any dangerous goods
contained therein.
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311. Leaking packages to be removed from aircraft.- A
package, or overpack, or unit load device containing dangerous goods,
which has been loaded into an aircraft and which shows signs of leakage
or damage shall be removed from the aircraft by the operator or by such
person or organisation as may be employed as an agent by the operator.
After the removal of the leaking or damaged goods from the aircraft, the
operator shall ensure that the remainder of the consignment is in a proper
condition for transport by air and that no other package has been
contaminated.
312. Inspection of unloaded packages.- An operator shall
examine packages and overpacks containing dangerous goods for signs
of damage or leakage when they are unloaded from the aircraft, except
when they have been carried in a unit load device. When there is
evidence of damage to, or leakage from, such packages or overpacks,
and whenever the dangerous goods have been carried in a unit load
device, the area in the aircraft where the dangerous goods, or the unit
load device were stowed shall be inspected for damage or contamination.
Any hazardous contamination discovered shall be removed.
313. Radioactive contamination of aircraft. An air-craft in which
radioactive materials have leaked or which has become contaminated by
radioactive materials shall be taken out of service and shall not be
operated until the radiation level at any accessible surface, and the
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radiation level of any surface contaminant, is not greater than the value
specified in the Technical Instructions.
314. Training of employees and agents.- The holder of an air
operator certificate issued by the Director-General shall ensure that all of
his employees or agents who are engaged in the acceptance, ground
handling, storage, loading or unloading of dangerous goods have been
properly trained and qualified for such activities in compliance with the
training requirements specified in the Technical Instructions.
315. Compliance with additional requirements.- When
engaged in the transport of dangerous goods by air, an operator shall
comply with such additional requirements in the Technical Instructions as
may be appropriate to the particular circumstances.
Section 5 – LOADING RESTRICTIONS
316. Goods not to be carried on flight deck or in passenger
compartment.- A package containing dangerous goods, except as
provided for in Section 2 of this Part shall not be carried on the flight deck
of an aircraft or in a passenger compartment.
317. Separation of loaded goods.- Packages containing
substances which are capable of producing a dangerous reaction when
208
they are in contact with each other, shall not be stowed in an aircraft in
such positions as will permit the substances to come into contact with
each other in the event of a leakage.
318. Separation from foodstuffs.- Packages containing
substances which are know to be or which are identified by markings on
the packages as, poisons or infectious substances in Class 6 of the
classification of dangerous goods in the Technical Instructions, shall not
be carried in the same compartment of an aircraft as substances known
to be foodstuffs or which are marked as foodstuffs, feeds or other edible
substances intended for consumption by humans or animals unless the
poisons or infectious substances are loaded in a unit load device and the
foodstuffs are loaded in a separate unit load device and both unit load
devices are closed or they are not closed the unit load devices are not
adjacent to each other when stowed aboard the aircraft.
319. Carriage of radioactive materials.- Packages of
radioactive materials shall not be carried on aircraft unless they are
stowed on board the aircraft in accordance with the appropriate
separation distances tabulated in the Technical Instructions so as to be
separate from persons or undeveloped photographic film.
320. Loading and unloading.- An operator shall take such
precaution as may be appropriate to protect dangerous goods from being
209
damaged during loading and unloading, and during transport in an
aircraft. An operator shall secure such goods in the aircraft in a manner
which will prevent any movement during flight which would change the
orientation of the packages and in the case of radioactive materials shall
secure them so that the appropriate separation distances tabulated in the
Technical Instructions are maintained at all times.
321. Carriage in cargo aircraft.- Dangerous goods which are
restricted by the Technical Instructions to transport by cargo aircraft only
shall, unless otherwise provided by the Technical Instructions be loaded
in the aircraft in such a manner that a member of the crew or other
authorized person can see, handle, and where size and mass permit,
separate such dangerous goods from other cargo in flight.
Section 6 – PROVISION OF INFORMATION
322. Information for employees.- Operators, shippers or other
organisations involved in the transport of dangerous goods by air shall
provide such information to their personnel as will enable them to comply
with the requirements in the Technical Instructions and shall furnish
instructions as to the action to be taken in the event of any emergency
that might arise involving dangerous goods.
323. Passengers to be informed of forbidden goods.-The holder of
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an air operator certificate issued by the Director-General shall inform
intending passengers in his aircraft of the types of goods which are
forbidden for transport aboard an aircraft either in checked baggage, or in
carry on baggage.
324. Information for flight crews.- The pilot-in-command of an
aircraft in which dangerous goods are to be carried shall be provided
before departure with written information as specified in the Technical
Instructions.
325. Action in the event of an accident.- The operator of an
aircraft which is involved in an aircraft accident while carrying dangerous
goods shall, as soon as possible after the accident, inform the appropriate
authority in the State in which the aircraft accident occurred of the
dangerous goods carried, together with their proper shipping names,
class, the subsidiary risks for which lables are required by the Technical
Instructions, the compatibility group for items described in the Technical
Instructions as Class 1 – Explosives, and shall state the quantity of
dangerous goods together with their location on the aircraft.
PART XVII – UNLAWFUL INTERFERENCE

Section 1 – Applicability
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326. Application of Rules.- The rules in this Part shall apply to
aircraft engaged in flight operations in Pakistan and to aircraft registered
in Pakistan wherever they may be.
Section 2 – GENERAL
327. Person not to interfere with flight crew.- A person shall
not interfere in any manner with the performance of the duties of a
member of the flight crew of an aircraft.
328. Lockable flight deck doors.- An air transport aircraft
registered in Pakistan which has a flight crew compartment separate from
the passenger compartment and fitted with a door shall have a lock on
that door operated from within the flight crew compartment.
329. Check list for bomb search.- The holder of an air operator
certificate issued by the Director-General shall provide the aircraft crew
with a checklist to be followed in searching for a bomb or other device
when sabotage is suspected.
330. Training of aircraft crews.- The holder of an air operator
certificate issued by the Director-General shall establish and maintain a
training programme designed to assist crew members to minimise the
consequences of acts of unlawful interference.
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331. Notification to air traffic services.- The pilot-in-command
of an aircraft registered in Pakistan which is being subjected to unlawful
interference shall endeavour to notify the appropriate Air Traffic Service
unit of this fact together with such information regarding deviation from the
current flight plan that will enable the Air Traffic Service Unit to minimise
the risk of conflict with other aircraft.
332. Report on unlawful interference.- The pilot-in-command
of an aircraft registered in Pakistan whcih is subjected to an act of
unlawful interference shall submit, as soon as practicable, a full report on
the incident to the Director-General and to such other person as he may
designate.
PART XVIII – PENAL PROVISIONS AND PROSECUTIONS
Section 1 – PENAL PROVISIONS
333. Penalty for contravention of the rules.- (1) A person who
contravenes or fails to comply with any provision of these rules is guilty of
an offence.
(2) The owner, the operator and the hirer, and the
pilot-in-command and any other pilot, of an aircraft that flies in
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contravention of or fails to comply with any provision of these rules is
guilty of an offence.
(3) Any reference in sub-rules (1) and (2) to a
contravention of, or failure to comply with, a provision of these rules shall
be read as including a reference to a contravention or failure to comply
with any Air Navigation Order, or any direction.
(4) Notwithstanding the provisions of sub-rules (1), (2) and
(3) a person shall not be convicted of an offence against this rule by
reason only of a contravention of, or a failure to comply with, a direction
given under these rules if:-
(a) the direction is of a kind that, by virtue of
these rules does not have effect in relation to a person
until it has been served by post on the person or has
otherwise been brought to his attention; and
(b) at the time of the alleged contravention or
failure to comply, the direction had not been served by
post on the first-mentioned person and had otherwise
not been brought to his attention.
(5) An offence, not being an offence for which a penalty is
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prescribed otherwise by this rule, shall be punishable with fine not
exceeding one hundred thousand rupees or with imprisonment for a term
not exceeding six months, or both.
(6) A person who attempts to commit an offence under
these rules is guilty of an offence and is punishable as if the attempted
offence had been committed.

334. Summary Powers of the Director-General.- (1) Where an
aircraft is flown within Pakistan in breach of, or not in compliance with,
any rule for the safety of aircraft, passengers, goods, mails or other things
carried therein, or a person commits an act in breach of rule 369 of these
rules, the Director-General may, for the purpose of preventing aircraft or
persons from endangering other persons or property, notwithstanding
anything contained in the Code of Criminal Procedures, 1898 (Act V of
1898), or any other law for the time being in force, try for the offence in a
summary way, in accordance with Sections 262 to 265 of the said Code-
(a) the pilot-in-command or other person in charge of the
aircraft; or
(b) the person acting in breach of rule 369 of these rules;
or compound any such offence for a sum not
exceeding ten thousand rupees.
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(2) Where a person contravenes a provision of, or does not
comply with, any rule contained in Section 10 of Part VIII of these rules,
the Director-General may compound such offence for a sum not
exceeding fifty thousand rupees.
(3) Where the Director-General has reason to suspend an
approval, licence, or certificate under rule 341 or rule 342, he may
suspend the licence, or may impose a financial penalty not exceeding one
hundred thousand rupees, or with the approval of the Authority, such
amount exceeding one hundred thousand rupees as he may consider
appropriate, the penalty to be paid to the Authority.
335. Summary Powers of a Manager.- Where a
person commits any breach of, or fails to comply with a provision of any
rule contained in Section 10 of Part VIII of these rules, the Manager may,
notwithstanding anything contained in the Code of Criminal Procedure
1898 (Act V of 1898) or any other law for the time being in force, try such
person for the offence in a summary way in accordance with sections 262
to 265 of the said Code, or compound any such offence for a sum not
exceeding one thousand rupees.
336. Convicted Persons to surrender documents.- Where any
person is convicted of an offence under these rules for failure to furnish
any return or to comply with a notice to surrender a document, the Court
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before which he is convicted may, in addition to imposing any pecuniary
or other penalty, order the defendant to furnish the return or surrender the
document, as the case may be.
337. Unauthorized behavior on an aerodrome.-(1) A person shall
not, without lawful authority or excuse:
(a) enter or remain within the boundary of an aerodrome;
(b) bring or leave any property on an aerodrome;
(c) operate any vehicle on an aerodrome;
(d) bring any animal or bird on to an aerodrome; or
(e) permit any animal or bird under his possession or control
to trespass on an aerodrome.
(2) Where:
(a) a person contravenes clauses (a), (b), (c) or (d) of sub
rule (1); or
(b) any property, vehicle, animal or bird is found in
contravention of clause (b), (c), (d) or ( e) of that sub-
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rule, any authorized person may apprehend and remove
that person, property, vehicle, animal or bird, as the case
may be, without being deemed guilty of an offence.
(3) For the purpose of this rule an ” authorized person”
includes an employee of the Authority, an officer or member of the Airport
Security Force, the Manager or any person authorized by him.
(4) Whoever contravenes the provisions of sub – rule (1)
shall be punishable with a fine not exceeding two thousand rupees.
Section 2 – PROSECUTIONS
338. Limitation of Prosecution.- (1) A prosecution in
respect of any offence against the rules may be commenced at any time
within one year after the commission of the offence.
(2) For the purposes of sub rule (1), time shall be deemed
not to run during any period after the commission of the offence and
before the institution of proceedings in respect thereof for which the
defendant is outside Pakistan territory.
Section 3 – EVIDENCE
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339. Certificates given by the Director-General.- (1) The
Director-General may, by writing under his hand, certify that:
(a) a notification of an accident, or a written report, in
accordance with rule 270 has not been received
by him;
(b) a notification of an incident in accordance with rule
271 has not been received by him;
(c) a document required to be surrendered to him in
accordance with a notice in writing under rule 273 has
not been surrendered;
(d) a document annexed to the certificate is a true copy
of the text of the Convention of an Annex
adopted in pursuance of the Convention; or
(e) a document annexed to the certificate is a true copy
of an Air Navigation Order, Aeronautical
Information Publication, Notices to Airmen,
licence, certificate, permit, direction, authority,
notice, order, approval, or other document, published,
given or issued under these rules.
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(2) The Director-General, in a certificate under clause (c) of
sub-rule (1) may certify that the document of which the document
annexed to the certificate is certified to be a true copy was, on a specified
date or between specified dates, posted to:
(a) the defendant in a prosecution for an offence
against these rules or in any proceedings for the
recovery of moneys under these rules; or
(b) the applicant or other specified person in any
review, investigation or inquiry conducted or made
under these rules.
(3) The Director-General, or the officer having custody of the
appropriate records of the Department, may, by writing under his hand,
certify that, during a specified or on a specified date:
(a) a person was or was not licensed;
(b) an aircraft was or was not registered;
(c) a certificate of Airworthiness of an aircraft had or
had not been issued, was valid or invalid for the purposes
of these rules or was subject to the specified conditions;
(d) an aerodrome of air route or airway facility was or
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was not established or provided, was or was not altered,
abolished, removed, added to or altered in character or was not
being provided, maintained or operated in a specified
manner, in accordance with rule 59;
(e) a place was or was not licenced for use as an
aerodrome or was not authorized for use as an
aerodrome;
(f) a permit, direction, authority, notice, order or approval
required under these rules had or had not been issued
under these rules;
(g) a licence or certificate issued under these rules was or
was not suspended, cancelled, or endorsed with a
specified endorsement.
(4) In all courts and in any review, investigation or inquiry
conducted or made under these rules, a certificate purporting to have
been given under this rule:
(a) shall, unless the contrary is proved, be deemed to be a
certificate given by a person empowered by this rule to
give the certificate; and
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(b) is evidence of the facts stated in the certificate, and, in
the case of a certificate certifying that a document was
posted to the defendant in a prosecution for an offence
against these rules or in any proceedings for the
recovery of monies payable under these rules by an
applicant or a specified person in any review,
investigation or inquiry conducted or made under these
rules, is evidence that the document was received by the
defendant, applicant or specified person on or about the
time at which it would have been received in the ordinary
course of post.
PART XIX – WITHHOLDING, SUSPENSION AND
CANCELLATION OF LICENCES AND CERTIFICATES
340. Refusal to grant or renew a licence or certificate.- (1) The
Director-General may refuse to grant or to renew a licence or certificate
under Parts IV, V, VI, VIII or XI of these rules on one or more of the
following grounds:
(a) the applicant has failed to satisfy a requirement
prescribed by or specified under these rules in relation to
the granting of the licence or certificate;
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(b) the applicant has made a false or misleading statement
in his application, or in connection with his application;
(c) the applicant is the holder of a licence that is suspended;
(d) the applicant was the holder of a licence that has been
cancelled; or
(e) the applicant is not a fit and proper person to have the
responsibilities and to exercise the functions and duties
of a holder of the licence or certificate for which the
application was made.
(2) The reasons for such a refusal shall be given in writing
by the Director-General to the applicant, including a statement of the facts
or circumstances that justify the refusal.
341. Suspension or cancellation of aerodrome or flying school
licences and air operator certificates etc.- (1) For the purpose of
enforcing compliance with these rules or with the requirements of Air
Navigation Orders, or with directions issued under these rules, and
provided that the purpose is to be secure safety of flight operations, the
Director-General may:
(a) suspend any licence or approval granted by him under
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Parts IV, VI or VIII of these rules or any certificate
granted by him under Part XI of these rules for such
period of time as he may consider necessary, after
recording reasons therefore in writing, and/or;
(b) with the approval of the Federal Government cancel
such a licence;
provided that in each case, notice in writing is
delivered by hand to the holder of the licence or certificate or is
sent to him by registered post at the address given in the
application for issue or renewal of the licence or certificate.
(2) The notice of suspension or cancellation under this rule
shall include a full statement of the facts or circumstances that constitute
the grounds for such action.
342. Suspension or cancellation of personnel licences.- (1) The
Director-General may vary, or suspend, and with the approval of the
Federal Government may cancel, a licence issued under Part V of these
rules, where he is satisfied that one or more of the following is applicable:
(a) the licence holder has contravened or failed to comply
with any provision of the Civil Aviation Ordinance, 1960,
the Pakistan Civil Aviation Authority, Ordinance 1982, or
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of these rules;
(b) the licence holder fails to satisfy, or to continue to satisfy
any requirement prescribed by or specified under these
rules in relation to the obtaining or holding of such a
licence;
(c) the licence holder obtained the licence as a result of
making an untrue statement or by means of a
misrepresentation;
(d) the licence holder has not complied with the
requirements of Air Navigation Orders, or with directions
issued under these rules;
(e) the licence holder has failed in his duty with respect to
any matter affecting the safe or efficient flight operation
of an aircraft;
(f) the licence holder has ceased to be a fit and proper
person to have the responsibilities to exercise and
perform the functions and duties of a holder of such a
licence; or
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(g) the licence holder is required to undergo an examination
or test under clause (e), sub rule (2), rule 4 of these
rules,
Provided that in each case, notice in writing is delivered
by hand to the holder of the licence, or is sent to him by
registered post at the address given in the application for issue or
renewal of the licence.
(2) Where the Director-General suspends a licence in
pursuance of sub-rule (I) he shall forthwith investigate the matter, and the
suspension shall cease upon the completion of the investigation or at the
expiration of thirty days, including the date on which the suspension took
effect, whichever is the earlier. In case the investigation is not completed
within this period, the Director-General may extend the period of
suspension with the prior approval of the Federal Government.
(3) The notice of suspension or cancellation under this rule
shall include a full statement of the facts or circumstances that constitute
the grounds for such action.
(4) A licence-holder whose licence has been suspended or
varied under this rule other than under sub-rule (5) may appeal to the
Director-General against such suspension or variation. An appeal under
this rule shall be lodged with the Director-General within fourteen days of
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the receipt of the notice of the suspension or variation. Such an appeal
shall be heard by the Director-General within fourteen days of its being
lodged. If the appeal is upheld the Director-General shall rescind the
suspension or variation.
(5) The licence of a licence-holder, who is required to
undergo an examination or test under clause (e) of sub-rule (2) of rule 4,
shall be suspended until the result of the examination or test is known.
343. Board of Review.- (1) A person aggrieved by a
refusal by the Director-General to grant or renew his licence under Part V
of these rules, or by the suspension or cancellation of his licence under
rule 342 may request that the matter be considered by a Board of Review
except that a request made by a person who had the granting or renewal
of a licence refused under clauses (b), (c) or (d) of sub-rule (1) of rule
340, shall not be entitled to make such a request. A request under this
rule shall be lodged within fourteen days of the notification and shall be
submitted to the Director-General in writing together with a deposit of two
thousand five hundred rupees.
(2) On receipt of such a request, the Director-General shall
transmit it to the Federal Government with a request that the Board of
Review be constituted. For the purpose of this rule, a Board of Review
hereinafter referred to as the Board shall be one that is appointed by the
Federal Government consisting of a Chairman and two members.
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(3) The Chairman of the Board hereinafter referred to as the
Chairman, shall be a person nominated by the Federal Government with
a status not below that of Joint Secretary to the Government of Pakistan.
(4) The members other than the chairman shall possess
knowledge or experience of flight operations, or of aeronautical
engineering or other special knowledge or experience whichever is
appropriate to the matter to be reviewed, and not more than one shall be
a member or an employee of the Authority.
(5) Immediately a Board has been appointed, the Director-
General shall make available all the documents and information relevant
to the matter to be reviewed.
(6) Within seven days after the appointment of a Board, the
Chairman shall fix a time and place for consideration of the matter and
shall give notice in writing of that time and place to the Director-General
and to the person requesting the review.
(7) The Board shall make a thorough investigation of the
matter and shall consider and give due weight to any evidence, including
evidence, if any, not considered by the Director-General, which is relevant
to the matter.
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(8) The Board may inform itself on the matter in such
manner as it thinks fit without being bound by legal rules of evidence.
(9) The Director-General or the person requesting the
review may be represented by counsel, or agent, who may examine
witnesses and address the Board.
(10) Unless the Chairman otherwise directs, the hearing shall
be open to the public.
(11) The Chairman may by writing under his hand, summon a
person to attend before the Board at a time and place specified in the
summons, and to give evidence, and to produce such books, documents
and writings, or a part or component of an aircraft as may be in the
custody or control of that person, which that person is required by the
summons to produce. A person served with a summons under this rule
to attend before a Board shall not, after the payment or tender to him of
reasonable expenses fail without reasonable excuse, to attend before the
Board or to produce the books, documents or writings, or the part or
component of an aircraft, as may be in his custody or control, that he is
required to produce.
(12) A summons given under this rule shall be deemed to be
served if:
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(a) it is given personally to the person to be served;
(b) it is sent by registered post, addressed to the person to
be served, at his last known place of abode or business;
or
(c) it is left at the aforementioned last known place of
abode or business with some person apparently an
inmate thereof and apparently not less than eighteen
years of age.
(13) The Board may examine on oath a person appearing as
a witness before it, and for this purpose a member of the Board may
administer an oath to the witness. Where a witness objects
conscientiously to the taking of an oath, the witness may make an
affirmation, instead of taking an oath, such affirmation to have the same
force and effect and to entail the same liabilities as an oath. A person
appearing as a witness before the Board shall not refuse to be sworn, or
make an affirmation instead of taking an oath, or to answer a question
relevant to the proceedings put to him as a witness.
(14) A witness who attends before the Board shall be paid
such fees and traveling expenses, by the Director-General as may be
determined by the chairman of the Board.
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(15) A person convicted of an offence under sub-rule (11) or
sub-rule (13) shall suffer imprisonment for a period not exceeding six
months, or a fine not exceeding five thousand rupees, or both.
(16) In the case of a person accused of an offence under
sub-rule (11) or sub rule (13), it shall not be a defence for that person to
show that he has previously been convicted of a similar offence arising
out of the same inquiry.
344. Decision(s) of a Board of Review.- On completion of a
review of all the facts and circumstances relative to the matter in question,
a Board may confirm, vary, or reverse the decision of the Authority or the
Director-General, as the case may be, and the Director-General shall take
such action as may be necessary to give effect to the decision of the
Board which shall be final.
345. Liability for expense or loss.- The Director-General, the
Authority or a member of a Board shall not be liable for any expense, loss
or damage incurred because of, or arising out of the cancellation or
suspension of a licence or certificate granted under these rules.
346. Loss or refund of deposit.- Where the Board confirms the
decision of the Authority or the Director General, the deposit lodged under
sub rule (1), rule 343 shall be forfeited. Where the Board varies or
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reverses the decision of the Authority or the Director General, the deposit
shall be refunded.
347. Renewal of a suspended licence.- (1) A licence or certificate
suspended under this Part shall have no force or effect for the duration of
the suspension but the period of currency of the licence or certificate, or of
any rating, or certificate of experience on test included in a licence, shall
continue to run.
(2) Where the period for which a licence or certificate is
suspended is a period expiring after the expiration of the current period of
the licence or certificate, or of any rating or certificate of experience or
test, included in a licence, the holder shall not be eligible for the renewal
of the licence or certificate, or rating, or certificate of experience or test,
until the period of suspension has expired.
(3) Where a licence or certificate is suspended or cancelled
and the period of currency of the licence or certificate expires before the
determination of an application for review, of or an appeal against, the
decision of the Director-General, the Board shall decide the matter on its
merits notwithstanding the expiration of the period of currency of the
licence or certificate and may, if it thinks just to do so, direct or order that
the renewal of the licence or certificate shall not take effect before such
date as it specifies.
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348. Record of suspension or cancellation.- (1) Where a licence
granted under Part V has been suspended or cancelled and such
suspension or cancellation has not been annulled under the provision of
this Part, a record of the suspension or cancellation shall be endorsed on
that licence together with the reasons for such suspension or cancellation,
and shall be endorsed on the licence as renewed from time to time, and
on any fresh licence issued to a person who has permitted a licence for
the same or similar purpose to expire while the record of the suspension
or cancellation is endorsed on the expired licence.
(2) Where a period of suspension has expired, the Director-
General may expunge the record of a suspension endorsed on a licence
after a period of not less than three years has elapsed after the
suspension has expired, if he is satisfied that the conduct of the holder of
the licence justifies his doing so.
(3) Where a suspension or cancellation of a licence has
been annulled by a Board, the record of suspension or cancellation shall
be expunged.
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PART XX – FARES, FREIGHTS, TIME TABLES
AND STATISTICAL RETURNS
349. Operators to submit domestic air service tariffs.- (1) The owner
of an aircraft engaged ion a public transport service other than an
international air service which uses any aerodrome or any air route or
airway facility maintained and operated by the Authority in pursuance of
rule 59 shall, in respect of each such service, furnish to the Director-
General a tariff of charges for the carriage of persons or cargo on the
aircraft.
(2) The Director-General with the approval of Federal
Government may:
(a) approve any tariff of charges submitted under sub rule
(1);
(b) approve any such tariff subject to such variations as it
may direct;
(c) reject any such tariff and direct the adoption in its
stead of such tariff as it may consider fair and
reasonable for the service provided.
(3) On the application of the owner of the aircraft concerned,
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the Director-General may approve of any variation of a tariff of charges
approved or directed to be adopted under sub rule (2).
(4) Where the Federal Government considers that the
circumstances of the case so warrant, it may withdraw at any time an
approval or a direction given under this rule and may direct the owner or
operator of the aircraft concerned to adopt such tariff of charges as the
Federal Government may specify.
(5) If the owner of an aircraft engaged in any particular
public transport service which uses any aerodrome or any air route or
airway facility maintained and operated by the Authority in pursuance of
rule 59:
(a) refuses, or fails within such reasonable time as is fixed
by the Federal Government and notified to the owner or
operator of the aircraft, to furnish his tariff of charges in
accordance with sub-rule (1); or
(b) charges, demands, collects or receives, or advertises
that he will charge, any greater or less amount than the
appropriate amount contained in a tariff of charges
approved, or directed to be adopted, under this rule or in
any other particular refuses or fails to comply with an
approval or a direction given, under this rule;
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(c) the Federal Government may direct that the aerodrome
or facility shall not be open to, or available for use by, the
aircraft of that owner or operator on that particular
service for the period during which the refusal or failure
continues, and during that period the aircraft shall not
enter upon or use the aerodrome or facility in the course
of carrying persons or cargo and the aerodrome or
facility shall not be available for the purpose of a licence
under Section 1 of Part XI of these rules.
(6) The provisions of this rule shall be in addition to and not
in derogation of any other provisions of these rules and shall not be
deemed to affect any proceedings which may be taken under any other
law in respect of unlawful or unauthorized entry upon or use of public
property.
350. Operators to submit international air service tariffs.- (1) An
operator of an international air service hereinafter referred to in this rule
as an operator, to or from Pakistan territory shall submit to the Director-
General his tariff of charges for travel by persons and carriage of cargo
(including travel and carriage part of which is to be undertaken by surface
transportation or by any other air or surface carrier) that comprises, or any
part of which includes, transportation on that service.
(2) A tariff of charges submitted for approval under sub rule
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(1) shall, in relation to each charge, contain particulars of:
(a) the amount of the charge that relates to:
(i) each part of the travel or carriage that is to be
undertaken by air transportation;
(ii) each part of the travel or carriage that is to be
undertaken by surface transportation; and
(iii) the provision of accommodation at any
stopping place;
(b) each of the other rights, privileges and services
included in the travel or carriage to which the
charge relates;
(c) the rate of any commission, rebate or discount payable
or allowable by the holder in respect of the travel or
carriage to which the charge relates and the
circumstances in which any such commission, rebate or
discount is so payable or allowable;
(d) any other benefits payable or allowable, or to be given,
by the holder in relation to the travel or carriage and the
circumstances in which such benefits are so payable or
allowable or are to be so given; and
(e) the conditions subject to and in accordance with which
the charge is to apply.
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(3) A tariff of charges submitted for approval under sub rule
(1) shall be in a form approved by the Director-General.
(4) The Director-General may:
(a) approve any tariff of charges submitted under this rule;
(b) approve any such tariff subject to such variations as he
may direct; or
(c) reject any such tariff, and direct the adoption in its stead
of such tariff as he may consider fair and reasonable
(5) The powers of the Director-General under the sub-rule
(4) in relation to a tariff of charges apply in relation to particulars of each of
the kinds referred to in sub rule (2).
(6) On the application of the operator, the Director-General
may approve of any variation of a tariff of charges or a particular of a kind
referred to in sub rule (2) approved or directed to be adopted, under this
rule.
(7) Where the Director-General considers the
circumstances of the case so warrant, may withdraw at any time an
approval or a direction given under this rule and direct the adoption in its
stead of such tariff of charges or particulars of a kind referred to in sub
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rule (2), as the case may be, as he may consider fair and reasonable.
(8) In the exercise of his powers under this rule, the
Director-General shall have regard to:
(a) the public interest;
(b) the need for public air transport service between
Pakistan and other countries to operate on a satisfactory
economic basis; and
(c) any resolution or decision of the International Air
Transport Association that has been approved by the
Federal Government and is relevant to the matter.
(9) An operator or any other person who arranges any travel
by persons or carriage of cargo in respect of which a charge is included in
a tariff of charges approved, or directed to be adopted, under this rule
shall charge and demand in respect of that travel or carriage an amount
not less than the amount of that charge.
(10) An operator or any other person who is required under
sub rule (9) to charge and demand an amount in respect of any travel by
persons or carriage of cargo shall not fail to take or refrain from taking
reasonable measures to collect that amount.
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(11) An operator or any other person who arranges any travel
by persons or carriage of cargo, being travel or carriage in respect of
which a charge is included in a tariff of charges approved, or directed to
be adopted, under this rule, shall not advertise that he will charge in
respect of that travel or carriage an amount that is less than the amount of
that charge.
(12) An operator or any other person shall not advertise that
he will arrange any travel by persons or carriage of cargo being travel or
carriage of the kind referred to in sub-rule (1) unless, in respect of that
travel or carriage, a charge is included in a tariff of charges approved or
directed to be adopted, under this rule.
(13) An operator or any other person shall not, in respect of
any travel by persons or carriage of cargo being travel or carriage in
respect of which a charge is included in a tariff of charges approved, or
directed to be adopted, under this rule give or allow or cause to be given
or allowed in respect of that travel or carriage rights, privileges and
services being rights, privileges and services of the kinds referred to in
clause (b) of sub-rule (2) other than such rights, privileges and services
as are approved or directed to be adopted under this rule in relation to
that charge.
(14) An operator or any other person shall not, in respect of
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any travel by persons or carriage of cargo being travel or carriage in
respect of which a charge is included in a tariff of charges approved, or
directed to be adopted, under this rule cause the travel or carriage to be
undertaken otherwise than subject to and in accordance with the
conditions being conditions of the kind referred to in clause (e) of sub rule
(2) approved, or directed to be adopted, under this rule in relation to that
charge.
(15) An operator shall not, in respect of any travel by persons
or carriage of cargo being travel or carriage in respect of which a charge
is included in a tariff of charges approved, or directed to be adopted,
under this rule:
(a) pay or allow commission, rebate or discount at a rate
that exceeds the rate approved, or direct to be adopted,
under this rule as the rate of commission, rebate or
discount payable or allowable in respect of that travel or
carriage; or
(b) pay, allow or give benefits of the kind referred to in
clause (d) of sub rule (2) in respect of that travel or
carriage other than benefits particulars of which, in
respect of that travel or carriage, are approved, or
directed to be adopted, under this rule in relation to that
charge.
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(16) An operator or any other person who charges, demands,
collects or receives, or advertises that he will charge, any amount for any
travel by persons or carriage in respect of which a charge is included in a
tariff of charges approved, or directed to be adopted, under this rule shall
keep and preserve or cause to be kept and preserved at premises in
Pakistan at which the holder or person carries on business, proper books
and accounting records, and any other documents or papers, relating to:
(a) amounts received by the holder or person as principal or
agent in respect of any such travel or carriage;
(b) tickets, vouchers, letters, receipts and other documents
issued or given by or on behalf of the holder or person in
respect of any such travel or carriage;
(c) amounts paid or allowed or payable or allowable to or by
the holder or person as principal or agent by way of
commission, rebate or discount in respect of any such
travel or carriage; and
(d) other benefits paid, allowed or given or payable or
allowable, or to be given, to or by the holder or person as
principal or agent in respect of any such travel or
carriage.
(17) For the purposes of this rule the Director-General or a
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person authorized by him in writing in this behalf may:
(a) at all reasonable times enter into premises referred in
sub-rule (16);
(b) inspect all books, accounting records, documents and
papers referred to in sub-rule (16) kept at those
premises;
(c) require the production of a statement written in the
English language containing all particulars in those
books, accounting records, documents and papers
relating to any matter specified in a notice in writing given
by the Director-General; or the authorized person to the
person apparently in charge of the premises; and
(d) take copies of, or extracts from any of those books,
accounting records, documents and papers.
(18) A person authorized by the Director-General for the
purposes of sub-rule (17) who enters upon premises in pursuance of that
sub-rule is not authorized to remain on the premises if, on the request by
the person apparently in charge of the premises, he does not produce the
authorisation.
(19) A person shall not without reasonable excuse;
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(a) obstruct, hinder, threaten or intimidate the Director-
General, or a person authorized by him under sub-rule
(17), in the exercise of his powers under that sub-rule;
(b) refuse or fail within a reasonable time to produce any
statement required by the Director-General or a person so
authorized under clause (c) of sub-rule (17); or
(c) furnish to the Director-General or a person so authorized
in relation to a matter specified in a notice given under
clause (c) of sub-rule (1), information that is false or
misleading in a material particular.
(20) Whoever contravenes the provisions of this rule as
determined by the Director General shall pay a penalty not
exceeding ten thousand rupees.
(21) In this rule:
(a) ‘cargo’ includes mail;
(b) ‘condition’ includes a condition relating to:
(i) time and duration of travel;
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(ii) type and kind of conveyance;
(iii) class of travel;
(iv) standard and kind of accommodation;
(v) stop-overs;
(vi) flight changes by passengers or charge; or
(vii) individual or group travel.
351. Operators to submit tariffs for split services.- (1)
Where persons or cargo are carried partly by an operator of an
international air service and partly by other air or surface transport
enterprises between a place in Pakistan territory and any other place, the
Director-General may with the approval of the Federal Government fix
and declare a tariff of charges for the carriage of the persons or cargo
between those places.
(2) Notwithstanding that the Director-General has approved
or directed the adoption of a tariff of charges for the carriage of persons
and cargo between Pakistan territory and any other place in accordance
with rule 350, the Director-General may fix and declare a different tariff of
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charges for carriage between those places if the route is different from the
route in respect of which the approval of direction has been given and
the carriage is partly on an international air service licensed under these
rules and partly by other air or surface transport enterprises.
(3) Where a tariff of charges for the carriage of persons or
cargo between a place in Pakistan territory and any other place has been
fixed and declared under this rule, the operator of an international air
service shall not take on or discharge in Pakistan territory persons or
cargo which are to be carried, or have been carried, partly by that
operator, and partly by other air or surface transport enterprises, between
the places in respect of which the tariff of charges has been fixed and
declared, unless the operator charges and demands in respect of that
carriage of persons or cargo, an amount not less than the charge which
has been so fixed and declared.
(4) Where a tariff of charges for the carriage of persons or
cargo between a place in Pakistan territory and any other place has been
fixed and declared under this rule a person shall not:
(a) advertise that arrangements will be or have been
made; or
(b) sell a ticket or a series of tickets;
for the carriage of persons or cargo, partly by the
operator of an international air service and partly by
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other air or surface transport enterprises, between
places in respect of which the tariff of charges has been
fixed and declared, for a charge which is less than
the charge which has been fixed and declared.
(5) Whoever contravenes the provisions of this rule as
determined by the Director-General shall pay a penalty not exceeding ten
thousand rupees.
352. Operators to operate in accordance with a time-table.- (1)
An airline shall not operate, or advertise that it will operate, a
regular public transport service except in accordance with an approved
time-table setting out, in relation to that service, the time of departure from
and arrival at, each terminal and each intermediate stopping place ( if
any) on the route of the service.
(2) An airline shall not commence a new regular public
transport service or alter the time-table of, or the intermediate stopping
places on the route of, a regular public transport service, unless it has
submitted the proposed time-table for the service to the Director-General
in a form approved by him, at least one month before the date on which it
intends to operate the new or altered service or within such shorter period
as the Director-General may allow.
(3) A time-table shall be deemed to be an approved time-
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table for the purposes of this rule if the time-table has been submitted to
the Director-General in accordance with sub-rule (2) and the Director-
General has not notified the airline that he disapproves the time-table
within one month after the date on which the time-table was submitted to
the Director-General.
(4) The Director-General shall not notify an airline that he
disapproves a proposed time-table for a regular public transport service
unless he considers that the proposed time-table should not be approved
in the interests of safety.
353. Operators to submit returns. (1) The operator of a
regular public transport, or charter aircraft shall furnish to the Director-
General, such statistical returns or other information relating to the aircraft
and the crew thereof, the mails, the passengers and the goods carried,
other work performed by the aircraft, and the development of defects or
failures in the aircraft, its engines or its accessories as the Director-
General may from time to time direct.
(2) The operator of a regular public transport or charter
aircraft who uses any aerodrome or an air route or airway facility
maintained and operated by the Authority in pursuance of rule 59, shall
furnish to the Director-General, such traffic reports, cost statistics and
financial statements, showing, amongst other things, all receipts and the
sources thereof as the Director General may from time to time require.
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(3) The Director-General or any other person shall not
divulge or communicate any information furnished in pursuance of sub-
rule(2) which discloses particulars of the business or financial dealings or
position of any person or organisation whose name or title is stated in or
can be inferred from the information divulged or communicated; except
(a) in the course of duty to another person performing duties
under these rules;
(b) with the consent of the airline or owner of the aircraft; or
(c) the pursuance of sub rule (4).
(4) In accordance with Article 67 of the Convention, the
Director-General shall transmit to the Council of the International Civil
Aviation Organization such of the particulars supplied in accordance with
sub-rule (2) as relates to the international operations of Pakistan airlines
engaged in such operations.
PART XXI – MISCELLANEOUS
354. Person not to act without a licence.- (1) A person shall
not, unless specially permitted by or under these rules, perform any duty
or exercise any function or do any act for which:
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(a) a licence;
(b) a certificate; or
(c) a rating or other endorsement on a licence or
certificate, is required under these rules without
holding:
(d) the appropriate licence or certificate; or
(e) a licence or certificate containing the appropriate rating
or other endorsement.
(2) Where a licence or certificate is suspended, or a rating
or other endorsement on a licence or certificate is suspended or
cancelled, under these rules, the person to whom the licence or
certificate was granted shall not, for the purpose of sub-rule (1) be
deemed to be the holder of the licence or certificate containing the rating
or other endorsement, as the case may be, during the period of
suspension or cancellation.
(3) A person shall not purport to give a certificate, or to issue
a document, for the purpose of these rules unless he is authorized under
these rules to do so.
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(4) The holder of a licence or certificate shall not:
(a) negligently perform a duty that he is qualified to
perform under the term of his licence or certificate; or
(b) issue a certificate that he is required or empowered to
issue under these rules without ensuring that all matters
certified therein are true and correct in every material
particular.
355. Person not to make false statements or forge documents.
(1)
A person shall not make, either orally or in writing, a statement that is
false or misleading in a material particular in or connection with:
(a) an application for the grant, issue, renewal or
endorsement of a licence, rating, certificate, permit,
permission, authority or approval under these rules; or
(b) a return, report, notice form or other document
furnished in accordance with these rules.
(2) A person shall not, with intent to deceive:
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(a) forge, alter, assist in forging or altering, or procure or
cause to be forged or altered, any certificate, licence, or
other document required by these rules, or authorized by
these rules, to be issued;
(b) use any such certificate, licence or other document
which has been forged, altered, cancelled or suspended,
or to which he is not entitled;
(c) hand any such certificate, licence, or other document
to any other person, or allow it to be used by any other
person; or
(d) make, assist in making, or procure or cause to be made,
any false representation for the purpose of procuring for
himself or any other person, the grant, issue, renewal, or
variation of any such certificate, licence, or other
document.
(3) A person shall not mutilate, alter, or render illegible any
log book, or any entry made therein, or willfully make or procure or assist
in the making of any false entry in or omission from any log book during
the period for which it is required under these rules to be
preserved.
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(4) A person shall not willfully or negligently make any entry
in an aircraft load sheet which is incorrect in any material particular.
356. Obstruction of authorized persons and endangering
aircraft.- (1) A person shall not obstruct or impede any other persons
from exercising a power or performing a duty conferred on that other
person by or under these rules.
(2) A person shall not tamper with an aircraft or an aircraft
component or item of equipment.
(3) A person shall not act rashly or negligently in a manner
likely to endanger an aircraft, or any person in an aircraft.
357. Licence applications and fees. (1) Every application for
the issue or renewal of a licence, certificate, permit, authority or other
document under these rules shall be made in the approved form to the
Director-General, and shall be accompanied by the fee or payment
required in connection therewith and by notification of the applicant’s
place of abode, his place of business and the address to which any
communication to him under these rules may be sent.
(2) The Director-General may, with the approval of the
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Authority prescribe such fees in respect of any matter under these rules,
as he may consider reasonable.
358. Change of address of licence holder.- Where the holder of a
licence, certificate, permit or authority under these rules changes his
place of abode or business or the address notified in accordance with the
rules he shall forthwith furnish to the Director-General notice in writing of
the change.
359. Surrender of licences.- (1) The holder of a licence,
certificate or a person having the custody of a licence, certificate or other
document issued under these rules, shall, if the Director-General by
notice in writing so requires, surrender the licence, certificate or document
to the Director-General within such time as is specified in the notice.
(2) A person shall not, with intent to evade the requirements
of this rule, destroy, mutilate or deface any document which he is required
to surrender to the Director-General.
360. Notification of special conditions for licences.-Wherever the
Director-General is empowered under these rules to grant or issue a
licence or certificate upon or subject to conditions, he may, unless the
contrary intention appears, specify and notify in Air Navigation Orders any
such conditions that are to be of general application to a specified class of
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licences or certificates ( which may include licences or certificates granted
or issued before the notification) and any conditions so notified shall be
deemed to be conditions of every licence or certificate of that class.
361. Damage to aircraft during flying trials.- The Director-General
or
an authorized officer shall not be liable for any loss or damage to an
aircraft which occurs while the aircraft is in the custody of the Director-
General for the purpose of official flying trials or other official tests, or in
the course of transit to and from the place fixed for those trials or tests,
or during any inspection by an officer in pursuance of these rules.
362. Coloring of aircraft.- Where the usual station of an aircraft
registered in Pakistan is in a tropical area or such other area as the
Director-General may determine, the colour of the aircraft shall be such
colour, contrasting with that of the natural flora and the terrain in the area
as the Director-General may direct.
363. Exemption of aircraft from provisions of the rules. (1)
Notwithstanding anything contained in these rules, the Director-
General may, by notification in Air Navigation Orders, or by writing under
his hand, exempt baloons, gliders, rotocraft, model pilotless aircraft or
such other types or categories of aircraft as he may specify, from
compliance with such provisions of these rules as he may specify.
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(2) The Director-General may, in exempting a type or
category of aircraft under sub-rule (1), specify in the notification such
conditions to be complied with by aircraft of that type or category as he
considers necessary in the interests of safety, and aircraft of such type or
category shall comply with the conditions so specified.
(3) The Federal Government may, on the recommendation
of the Director-General by general or special order in writing, exempt any
aircraft or class of aircraft or any person or class of persons from the
operation of any of these rules, either wholly or partially, subject to such
conditions, if any, as may be specified in such order.
364. Non Schedule landing and priority in booking .
The Federal Government shall reserve to itself the right;-
a) to direct, in the interest of the public in special cases, a
licenced operator to effect a landing at a place other than
a scheduled stop on the route specified in his licence.
b) to direct a licenced operator to accord priority in
booking of persons or freight on any scheduled service.
365. Variation of time of official night When the light in a
particular area is affected by local atmospheric, climatic or geographical
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conditions, the Director-General may determine the period that is to be
regarded as night in that area for the purpose of these rules.
366. Detention of aircraft. (1) An Authority authorized under
section 8 of the Civil Aviation Ordinance, 1960 (XXXII of 1960), to detain
an aircraft may do so by the issue of a written direction to the pilot or other
person for the time being in charge of the aricraft to be detailed, or by
taking such other steps as may be necessary to make the detention
effective. If an aircraft detained by a person so authorized is housed or
kept at a Government aerodrome, the housing or picketing charges
normally applicable shall be payable in respect of the whole period during
which it is detained.
(2) Any person acting in contravention of any
direction given under this rule shall without prejudice to any other penalty
he may incur, be deemed to have acted in contravention of these rules.
367. Foreign military aircraft not to fly over Pakistan. A
foreign military aircraft shall not fly over or land on Pakistan territory
except on the express invitation or with the express permission of the
Federal Government, but any aircraft so flying or landing on such
invitation or with such permission shall not be subject to the provision of
these rules except to such extent as may be specified in the invitation or
permission.
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368. Foreign registered aircraft to comply with the Convention.
An aircraft registered in a Contracting State shall be operated in
compliance with the provisions of the convention and with such provisions
of these rules as may be applicable.
A) Transfer of Functions and duties of State of Registry
to State of Operator. -(1) Subject to the transfer agreement
the Director General may exercise such powers and perform
such functions and duties, in respect of an aircraft registered
in a Contracting State which is operated pursuant to an
agreement for the lease, charter or interchange of aircraft or
any similar arrangement by an operator who has his
permanent place of business or his permanent residence in
Pakistan, as are exercisable or performable, by the Director-
General in respect of an aircraft registered in Pakistan under
these rules.
(2) The Director-General may, by an agreement with the
authorities of the State of the operator, transfer to that Stage
functions and duties with respect to an aircraft registered in
Pakistan.”
369. Advertisement of carriage by air. A person other than
the holder of a regular public transport licence granted under rule 177, or
an exemption granted under rule 181, shall not give public notice by a
newspaper advertisement, broadcast statement, or by any other means of
public announcement to the effect that that person is willing to carry
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passengers or cargo by air hire or reward, to or from fixed terminals and
in accordance with fixed schedules.
370. Persons not to endanger aircraft. No person shall
commit any act which is likely to endanger the safety of, or cause damage
to an aircraft.
371. Carriage of persons without travel documents.Where a
person who is not in possession of valid travel documents as required
under the Passports Act, 1974 (XX of 1974), or the Pakistan (Control of
Entry) Act,1952 (LV of 1952) is brought into Pakistan in an aircraft, the
Director-General may direct the person in charge, or operator, of that
aircraft or may himself report the matter to the authorities concerned, for
removal of that person from Pakistan, or otherwise arrange for his/her
immediate removal.
372. Imposition of Penalty. (1) A penalty under these rules
shall not be imposed by the Director-General on any person or operator
unless the person or operator has been informed in writing of the grounds
on which the penalty is to be imposed; and is given an opportunity of
making such representation in person or through an agent, as the person
or operator may wish against such imposition.
(2) Where a penalty has been imposed on any person
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or operator for any contravention of these rules, such person or operator
shall not be liable to be tried for the same contravention.
373. Recovery of penalty or fine or dues. When under these
rules a penalty or fine is imposed.
374. Service of directions, permissions and approvals. A
direction, permission or approval given under these rules shall not have
effect in relation to a person until it has been served by post on that
person or has been brought to his attention by other means.
375. Redress of grievance. Any person aggrieved by an order
passed or action taken by the Director-General, or the Authority, under
these rules may appeal to the Federal Government and the Federal
Government shall have the power to modify or annual the order appealed
against, or issue direction to the Director-General or the Authority, as the
case may be, as to the manner in which such action is to be taken by
them. Provided that this power shall not be available to the Federal
Government in respect of any matter where the Director-General has
certified that the exercise of the power would have a direct adverse effect
on flight safety.
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376. Power of the Federal Government to modify or revise
orders.-
Notwithstanding anything contained in these rules, the Federal
Government shall have the power to modify or revise any order in respect
of any matter, provided that the power shall not be exercised in respect of
an order or action which has been the subject of an appeal under rule 375
or of Board of Review under rule 343.
377. Compulsory landing for non scheduled flights operating
without permission. (1) Any aircraft, not engaged in scheduled
air transport, flying over or across the territory of Pakistan without the
permission of competent authority shall make a landing both on outwards
and inward journey at an International airport of Pakistan, and shall
proceed onwards only on issue of a clearance certificate by an officer so
authorized by the Federal Government.
(2) The clearance certificate issued under sub
-rule (I) shall be produced at the aerodrome of destination or at any other
aerodrome where the aircraft may land in Pakistan for traffic purpose or
otherwise.
(3) Any aircraft not in possession of the
clearance certificate shall be detained by the authority authorized in this
behalf.
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378. Repeal The Civil Aviation Rules,1978, are hereby repealed.

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