Last Updated: 15 January 2013

[CIA 12,850] Interpretation2 

2
(1) In these Regulations, unless the context otherwise requires—
accident

means an occurrence that is associated with the operation of an aircraft and takes place between the time any person boards the aircraft with the intention of flight and such time as the engine or any propellers or rotors have come to rest and all such persons have disembarked, being an occurrence in which—

  • (a)a person is fatally or seriously injured as a result of—
    • (i)being in the aircraft; or
    • (ii)direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
    • (iii)direct exposure to jet blast—

    except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

  • (b)the aircraft sustains damage or structural failure which—
    • (i)adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
    • (ii)would normally require major repair or replacement of the affected component,

    except engine failure or damage, when the damage is limited to the engine, its cowlings, or accessories; or for damage limited to propellers, wing tips, rotors, antennas, tires, brakes, fairings, small dents, or puncture holes in the aircraft skin; or

  • (c)the aircraft is missing or is completely inaccessible.
aerial work

means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying observation and patrol, search and rescue, aerial advertisement or flying training by aviation training institutions;

aerial work aircraft

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

aerial work undertaking

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

aerobatic flight

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

aerodrome

means a defined area on land or water (including any building, installation or equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and “airport” has a corresponding meaning;

aerodrome certificate

means a certificate to operate an aerodrome issued by the Authority under any law relating to the certification of aerodromes subsequent to the acceptance and approval of the aerodrome manual;

aerodrome operating minima

means the limits of usability of an aerodrome for—

  • (a)take off, expressed in terms of Runway Visual Range (RVR) or visibility and, if necessary, cloud conditions;
  • (b)landing in precision approach and landing operations, expressed in terms of visibility or RVR and decision altitude or height (DA/H) as appropriate to the category of the operation;
  • (c)landing in approach and landing operations with vertical guidance, expressed in terms of visibility or RVR and decision altitude or height (DA/H); and
  • (d)landing in non-precision approach and landing operations, expressed in terms of visibility or runway visual range, minimum descent altitude or height (MDA/H) and, if necessary, cloud conditions;
aerodrome operator

means a person that holds an aerodrome certificate or an aerodrome registration approval authorising the person to operate an aerodrome;

aerodrome reference point

means the designated geographical location of the aerodrome;

aerodrome registration approval

means a form of approval given to an aerodrome either, for a land aerodrome for aeroplanes, by the Authority, for a water aerodrome by its inclusion in an aircraft operator's operations manual or for a heliport by its inclusion in the helicopter operator's operations manual;

aerodrome traffic

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

aerodrome traffic zone

means the airspace around an aerodrome for the protection of aerodrome traffic and, unless otherwise specified, includes the airspace within a horizontal radius of 8 kilometres from the aerodrome reference point and extending from the surface to 3,000 feet above the elevation of the aerodrome;

aeronautical ground light

means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

Aeronautical Information Publication (AIP)

means a publication issued by Airports Fiji and containing aeronautical information of a lasting character essential to air navigation;

aeronautical information service

means a service established within a defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation;

aeronautical mobile service

means, unless the context otherwise requires, a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position indicating radio-beacon stations may also participate in this service on designated distress and emergency frequencies or a mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes;

aeronautical station

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

aeroplane

means a power driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

aircraft

means any machine that can derive support in the atmosphere from reactions in the air other than the reactions of the air against the earth's surface but, in Part 3 of these Regulations, aircraft includes an aircraft set out in column 4 of the following table—

Column 1Column 2Column 3Column 4
AircraftLighter than air aircraftPower DrivenAirship
Non Power DrivenFree Balloon
Captive Balloon
Kite
Heavier than air aircraftNon Power DrivenGlider (Fixed lifting surfaces)
Glider (Non-fixed lifting surfaces)
Power DrivenAeroplane (Landplane)
Aeroplane (Amphibian)
Aeroplane (Seaplane)
Aeroplane (Self Launching Motor)
Power Driven
(flying machines)
Powered Lift (Tilt Rotor)
Rotorcraft (Helicopter)
Rotorcraft (Gyroplane)
air navigation services

includes air traffic services, aeronautical telecommunication service, meteorological service for air navigation, search and rescue and aeronautical information service;

Airports Fiji

means Airports Fiji Limited, as that company exists from time to time (even if the name is later changed);

airship

means a power driven lighter-than-air aircraft;

air traffic

means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

air traffic control clearance (clearance)

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

air traffic control service

means a service provided for the purpose of—

  • (a)preventing collisions—
    • (i)between aircraft; or
    • (ii)on the manoeuvring area between aircraft and obstructions; and
  • (b)expediting and maintaining an orderly flow of air traffic;
air traffic control unit (ATC unit)

means an area control centre, approach control unit or aerodrome control tower;

air traffic services

is a generic term meaning flight information services, alerting services, air traffic advisory services, air traffic control services (area control services, approach control services or aerodrome control services);

air traffic service route (ATS route)

means a route for channelling the flow of traffic as necessary for the provision of air traffic services;

air traffic services reporting office

means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

air traffic services unit (ATS Unit)

is a generic term meaning air traffic control unit, flight information centre or air traffic services reporting office;

air transport undertaking

means an undertaking involving the transport by air of passengers, cargo or mail for remuneration or hire;

airway

means a control area or portion thereof established in the form of a corridor;

alerting service

means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid and assist such organisations as required;

alternate aerodrome

means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or land at the aerodrome of intended landing, and includes the following corresponding definitions—

  • (a)take off alternate means an alternate aerodrome at which an aircraft can land should this become necessary shortly after take off and it is not possible to use the aerodrome of departure;
  • (b)en route alternate means an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en route;
  • (c)destination alternate means an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;
  • (d)ETOPS en route alternate means a suitable and appropriate alternate aerodrome, including arrival and departure aerodromes, at which an aeroplane would be able to land after experiencing an engine shut down or other abnormal or emergency condition while en route in an ETOPS operation;
altitude

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

amphibian

means an aircraft that is capable of taking off and landing on land and on water;

approach control unit

means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;

approach control service

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

approved

in relation to endorsement by the Authority, means acceptable to the Authority,

apron

means a defined area on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

area control centre (ACC)

means a unit which provides air traffic control service to controlled flights in control areas under its jurisdiction;

area control service

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

authorised person

means any suitably qualified person authorised in writing by the Authority to exercise any of the functions of an authorised person under the Act and its regulations;

Authority

means the Civil Aviation Authority of Fiji established under the Civil Aviation Authority of Fiji Act 1979;

aviation document

means any licence, certificate, permit, approval, ratings and privileges issued or granted by the Authority under these Regulations;

balloon

means a non power driven lighter-than-air aircraft;

Cape Town Convention

means the Convention on International Interests in Mobile Equipment 2001 and its protocol and any amendment of that Convention and its protocol made in accordance with that Convention;

[def insrt LN 3 of 2013 reg 2, effective 15 January 2013]

cargo

means any property carried in an aircraft other than mail, stores and accompanied or mishandled baggage;

ceiling

in relation to weather, means the height above the ground or water of the base of the lowest layer of cloud below 6000 metres (20,000 feet) covering more than half the sky;

certified aerodrome

means an aerodrome appropriately issued with an aerodrome certificate authorising the aerodrome operator to use the aerodrome for the purposes specified in the aerodrome certificate;

certificate of registration

means a certificate of registration issued by the Authority pursuant to regulation 4;

[def insrt LN 3 of 2013 reg 2, effective 15 January 2013]

change over point

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

charter flight

means a flight, operated on an “as and when required” basis, where the entire aircraft capacity is hired or purchased privately by one or more entities, which may resell to the public, for carriage from one place to another or returning to the place of departure;

Chicago Convention

means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended;

clearance

see definition of Air traffic control clearance;

clearance limit

means the point to which an aircraft is granted an air traffic control clearance;

commercial air transportation

see definition of commercial air transport operation;

commercial air transport operation

means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

congested area

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

Contracting State

means any state (including Fiji) which is a party to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944;

control area

means a controlled airspace extending upwards from a specified limit above the earth;

controlled aerodrome

means an aerodrome at which air traffic control service is provided to aerodrome traffic;

controlled airspace

means an airspace of defined dimensions within which air traffic control service is provided in accordance with the air space classification;

controlled flight

means any flight which is subject to an air traffic control clearance;

controlled VFR flight

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

control zone

means the controlled airspace extending upwards from the surface of the earth to a specified upper limit;

co-pilot

means a licensed pilot serving in any other capacity (other than as pilot-in-command) but does not include a pilot who is on board the aircraft for the sole purpose of receiving flight instruction;

crew member

means a person assigned by the aircraft operator for duty on an aircraft during a flight duty period;

cruise climb

means an aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases;

cruising level

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

current flight plan

means the flight plan, including changes, if any, brought about by subsequent clearances;

danger area

means the airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;

decision altitude (DA) is referenced to mean sea level or decision height (DH) is referenced to the threshold elevation

means a minimum altitude or height in a precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;

design take off mass

means the maximum mass at which the aircraft, for structural design purposes, is assumed to be planned to be at the start of the take off run;

designated area

means any part of an aerodrome or any building on an aerodrome designated, by a notice signed by an aerodrome operator and posted on or near the entry points to such part of the aerodrome or building to which it is applicable, so as to be readily seen and read by members of the public, as an area restricted to any person or class of persons;

duty

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

duty period

the time during which a flight crew member carries out any duty at the behest of the flight crew member's employer;

elevation

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

emergency distance available

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

ETOPS

means extended twin engine operations;

expected approach time

, in relation to any arriving aircraft, means the time at which ATC expects that an arriving aircraft, following a delay, will leave the holding point to complete its approach for a landing;

filed flight plan

means the flight plan as filed with an ATS unit by the pilot of an aircraft or his or her designated representative, without any subsequent changes;

flight

means that an aircraft shall be deemed to be in flight—

  • (a)in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment then it next becomes attached thereto or comes to rest thereon;
  • (b)in the case of any other aircraft, from the moment the aircraft first moves for the purpose of taking off until the moment it comes to rest at the end of the flight;

and to fly has a corresponding meaning;

flight crew member

means a licensed crew member charged with duties essential to the operation of the aircraft during a flight duty period;

flight duty period

means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and with the intention of making a flight or series of flights, to the moment the flight crew member is relieved of all duties;

flight information centre

means a unit established to provide flight information service and alerting service;

Flight Information Region (FIR)

means an airspace of defined dimensions within which flight information service and alerting service are provided;

flight information service

means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

flight level (FL)

means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

flight plan

means specified information communicated to air traffic services units, relative to an intended flight or portion of an intended flight of an aircraft;

flight simulation training device

means any one of the following apparatus in which flight conditions are simulated on the ground—

  • (a)a flight simulator, which provides an accurate representation of the flight deck of a particular aircraft to the extent that mechanical, electrical, electronic, etc aircraft systems control functions, the normal environment of the flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;
  • (b)a flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of that mechanical, electrical electronic, etc aircraft systems, and the performance and flight characteristics of aircraft of a particular class;
  • (c)a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions;
flight time

means the total time from the moment an aircraft first moves for the purpose of taking-off until the moment it comes to rest at the end of the flight;

flight visibility

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

(to) fly

See definition of flight;

glider

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

ground visibility

means the visibility at an aerodrome, as reported by an accredited observer;

gyroplane

means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axes;

heavier-than-air aircraft

means an aircraft deriving its lift in flight chiefly from aerodynamic forces;

helicopter

means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power driven rotors on substantially vertical axes;

heading

means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);

height

means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum; when referring to an aircraft, the height will be measured from the lowest part of the aircraft;

IFR flight

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

incident

means an occurrence other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;

in-flight relief

means the period of time during which a flight crew member is relieved in flight of his or her duties at the controls by another suitably qualified flight crew member;

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 a 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;

Instrument Flight Rules

means a set of rules governing the conduct of flight under instrument meteorological conditions;

Instrument Meteorological Conditions (IMC)

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

(to) land

, in relation to aircraft, includes alighting on the water;

landing area

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

landing distance available

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

level

refers generally to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;

life jacket

means any device designed to support a person individually in or on the water;

lighter-than-air aircraft

means any aircraft supported chiefly by its buoyancy in the air;

Low Visibility Procedures (LVP)

means the procedures applied at an aerodrome for the purpose of ensuring safe operations during Category 2 and 3 approaches and low visibility take-offs;

manoeuvring area

means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing, excluding any apron;

maximum certificated take-off mass

means the maximum permissible take-off mass of the aircraft according to the certificate of airworthiness, the flight manual or other official document;

maximum total weight authorised

means the maximum total weight of the aircraft and its contents at which the aircraft may take off, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

mercy flight

means a flight for the sole purposes of saving a person in a life threatening situation;

mobile equipment

means an aircraft object of a category to which Article 2 of the Cape Town Convention applies;

[def insrt LN 3 of 2013 reg 2, effective 15 January 2013]

movement area

means that part of an aerodrome to be used for take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;

nautical mile

means the length equal to 1852 metres;

night

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

notified

means shown in any of the following publications issued by or on behalf of the Authority, whether before or after the coming into force of these Regulations, that is to say, ‘NOTAMS’ (Notices to Airmen), Information Circulars, Aeronautical Information Publications or any other official publication issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

occurrence

means an accident or an incident;

operational control

means the exercise, by an individual or an organisation, of authority over the initiation, continuation, diversion, termination or cancellation of a flight or series of flights in the interest of the safety of the aircraft and the regularity and efficiency of the flight;

operations manual

means a manual containing procedures, instructions and guidance for use by operational personnel in the performance of their duties;

operator

means a person who exercises operational control over an aircraft;

pilot-in-command

means the pilot designated by the operator or owner, as being in command and charged with the safe conduct of a flight;

pressurised aircraft

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

private flight

means any flight operation that does not involve payment or remuneration in exchange for the flight operation;

prohibited area

means the airspace of specified dimensions, above the land areas or territorial waters of Fiji within which the flight of aircraft is prohibited;

Protocol

means the Aircraft Protocol to the Cape Town Convention;

[def insrt LN 3 of 2013 reg 2, effective 15 January 2013]

public transport

has the meaning assigned to it in subregulation (6);

public transport aircraft

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

rating

means an authorisation entered on or associated with a licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence;

recreational flight

means a flight operation for leisure that may involve the payment or remuneration in exchange for the flight operation but excludes any scheduled flight, charter flight and training flight;

required navigation performance

(RNP) means a statement of the navigation performance necessary for operation within a defined airspace;

Register

means the aircraft register referred to in regulation 6;

[def insrt LN 3 of 2013 reg 2, effective 15 January 2013]

registered owner

means the person in whose name an aircraft is registered under regulation 4, or in the case of an aircraft registered in another country, under the law of that country;

replacement

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

reporting point

means the specified geographical location in relation to which the position of an aircraft can be reported;

rest period

means any period of time on the ground during which a flight crew member is relieved of all duties by the operator;

restricted area

means the airspace of specified dimensions, above the land areas or territorial waters of Fiji, within which the flight of aircraft is restricted in accordance with certain specified conditions so notified;

rotorcraft

means a power driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors;

Rules of the Air

means the Rules contained in Part 6;

runway

means a defined and prepared area at a land aerodrome provided for the landing and take-off of aircraft;

runway visual range (RVR)

means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

safe forced landing

means an unavoidable forced landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;

safety management system

means a systemic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

seaplane

means an aeroplane equipped with floats or other devices enabling it to land and take-off from the surface of water;

special VFR flight

means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC;

specified

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

  • (a)the certificate of airworthiness in force in respect of that aircraft; or
  • (b)the flight or operations manual or performance schedule included in that certificate, or other document, whatever its title, incorporated by reference in that certificate;
take-off distance available

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

take-off run available

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

taxiway

means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another including—

  • (a)aircraft standby taxilane, which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;
  • (b)apron taxiway, which is a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron;
  • (c)rapid exit taxiway, which is a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;
terminal control area

means a control area established at the confluence of ATS routes in the vicinity of one or more major aerodromes;

track

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

transfer of control point

means a notified defined point located along the flight path of an aircraft, at which the responsibility for providing air traffic control service to the aircraft is transferred from one air traffic control unit or control position to the next;

transition altitude

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

VFR flight

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

visibility

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

visual approach

means an approach by an IFR flight when either part or all of an instrument approach procedure is not completed and the approach is executed in visual reference to terrain;

Visual Flight Rules

means the requirements for visual flight contained in Part 6;

Visual Meteorological Conditions (VMC)

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

[subreg (1) subst LN 82 of 2009 reg 2, effective 6 February 2010]

(2) The word “course” shall be deemed obsolete for the purpose of indicating the heading or track of an aircraft (as respectively defined in subregulation (1) and shall not be used in any communications between an aircraft and an air traffic services unit, or in any flight plan communicated to an air traffic services unit, under the requirements of these Regulations.
(3) Words and expressions defined in this regulation shall have the respective meanings herein assigned to them when used in any order, direction, instruction, rule or other requirement, or any notice, notification, certificate, licence, approval, permission, exemption, authorisation, log book, record or other document issued under or pursuant to the provisions of these Regulations, unless the context otherwise requires.
(4) In these Regulations, any reference to “airport” includes “aerodrome”.

[subreg (4) insrt LN 72 of 2003 reg 2, effective 1 July 2004]

(5) For the purposes of the definition of operator, the operator of an aircraft is the person who exercises operational control over an aircraft, provided that, for the purposes of the application of any provision in Part 1, when, by virtue of any charter or other agreement for the hire or loan of an aircraft, a person other than an air transport undertaking or an aerial work undertaking has the operational control of that aircraft for a period not exceeding 14 days, this subregulation shall have effect as if that agreement had not been entered into.

[subreg (5) insrt LN 82 of 2009 reg 2, effective 6 February 2010]

(6) For the purposes of the definition of “public transport”, an aircraft shall be deemed to fly for the purpose of public transport—
  • (a)if it is for hire or reward is given or promised, for the carriage of passengers or cargo in the aircraft on that flight; or
  • (b)if any passenger or cargo is carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including in the case of a body corporate its directors), persons with the permission of the Authority either making any inspection or witnessing any training, practice or test for the purpose of these Regulations, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or
  • (c)for the purpose of these Regulations, if it is for hire or reward is given or promised, for the right to fly the aircraft on that flight, otherwise than under a hire-purchase agreement, and the expression “public transport of passengers” shall be construed accordingly, provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of this paragraph, it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.

[subreg (6) insrt LN 82 of 2009 reg 2, effective 6 February 2010]

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

[subreg (7) insrt LN 82 of 2009 reg 2, effective 6 February 2010]

(8) In these Regulations, any term defined in the Cape Town Convention and used in these Regulations has the same meaning as in the Cape Town Convention.

[subs (8) insrt LN 3 of 2013 reg 2, effective 15 January 2013]