CIVIL AVIATION RULES, 1978

[Gazette of Pakistan, Extraordinary, Part II, 20th January 1979]

S. R. O. 68(1)/79.-In exercise of the powers conferred by sections 5, 7 and 8 of the Civil Aviation Ordinance, 1960 (XXXII of 1960), 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 subsection (2) of section 15 of the said Ordinance:-

PART I-PRELIMINARY

  1. (1) These rules may be called the Civil Aviation Rules, 1978.

(2) They extend to the whole of Pakistan,

(3) They shall come into force at once.

  1. (1) In these rules, unless" there is anything repugnant in the subject or context--

(i) "acrobatic fight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;

(ii) "adopted in pursuance of the Convention" means adopted by the international Civil Aviation Organization in pursuance of Article 37 of the Convention;

(iii) "aerial work aircraft" means an aircraft employed in aerial work opera tions as specified in rule 221;

(iv) "aerodrome control service" means an air traffic control service for aerodrome traffic;

(v) "aerodrome flight information zone" means in airspace designated as an aerodrome flight information zone by the Director-General in pursuance of rule 111;

(vi) "aerodrome meteorological minima" means the minimum heights of cloud base and minimum values of visibility which are determined is pursuance of rule 297 for the purpose of determining whether an aerodrome may be used for take-off or landing.

(vii) "aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

(viii) "aerodrome" means an aircraft whose support in flight is derived dynamically from the reaction on surface in motion relative to the air;

(ix) "aeronautical authority" means the Secretary Incharge of the Division responsible for Civil Aviation in the Federal Government or any officer authorised by him;

(x) "Aeronautical Information Publication" means the publication published under these rules;

(xi) "aeronautical mobile radio service" means a radio service between aircraft radio stations and land stations and between two or more aircraft radio stations;

(xii) "Aeronautical station" means a land station in the Aeronautical. Mobile service. In certain instances may be placed on board a ship or on earth satellite;

(xiii) "aeroplane" means a power-driven heavier than air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight;

(xiv) "agricultural operations" means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control;

(xv) "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 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;

(xvi) "aircraft maintenance engineer licence" means an aircraft maintenance engineer licence in force under rule 31;

(xvii) "aircraft material" means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;

(xviii) "airline" means the operator of a regular public transport service;

(xix) "Air Navigation Orders" means orders issued by the Director General in pursuance of rule 5;

(xx) "air route" means the navigable airspace between two points and the terrain beneath such airspace identified to the extent necessity, for application of flight rules;

(xxi) "air route facilities" means facilities provided to permit safe navigation of aircraft within the airspace of an air route, and includes visual and non-visual navigation aids along the route, visual and non-visual aids to approach and landing at aerodromes, communication services, meteorological services, Air Traffic Control services and facilities and Flight Service services and facilities;

(xxii) "airship" means a power driven lighter-than-air aircraft;

(xxiii) "air traffic" means all aircraft in flight or operating on the mano euvring area of an aerodrome;

(xxiv) "Air Traffic Control" means a service established by the Federal Government in pursuance of rule 97;

(xxv) "air traffic control clearance" means an authorisation given by a person performing duty in Air Traffic Control for an aircraft to proceed under conditions specified in the authorization;

(xxvi) "air traffic control instructions" ; means directions given by a person performing duty in Air Traffic Control for an aircraft to conduct its flight in the manner specified in the directions;

(xxvii) "air traffic controller licence" means a- licence granted under rule 102;

(xxviii) "ATS Route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air-traffic services.

(xxix) "airway" means a designated path in an air route identified by an area of specified width on the surface of the earth;

(xxx) "airway facilities means all facilities provided to permit safe naviga tion of aircraft within the airspace of an airway and include visual and non-visual navigation aids along the airway visual and non-visual aids to approach and landing at airodromes, communication services, meteorological, services, Air Traffic Control services and facilities, and Flight Service services and facilities;

(xxxi) "alternate aerodrome" means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;

(xxxii) "attitude" means the vertical distance of a level or a point, or an object considered as a point, measured from mean sea level;

(xxxiii) "approach control service" means an air traffic control service for arriving or departing flights of aircraft;

(xxxiv) "approved" means approved by the Federal Government or the Director-General;

(xxxv) "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 refuelling, parking or carrying out maintenance on aircraft;

(xxxvi) "area control service" means an- air traffic control service for flights of aircraft in control areas;

(xxxvii) "authorized" means authorized by the Federal Government or the Director-General or by a person or a person included in a class of persons, appointed by either of them to give the authority concerned;

(xxxviii) "authorized person", for the purposes of a provision in which that expression occurs, means person authorised by the Federal Government or the Director-General for the purposes of that provision;

(xxxix) "balloon" means a non-power-driven lighter-than-air aircraft;

(xl) "car", in relation to a lighter-than-air-aircraft, means "basket" whenever in the case of any particular type of such aircraft a basket is a constructional feature of that type;

(xli) "cargo" means things other than passengers carried in aircraft;

(xlii) "ceiling" means the height above the ground or water of the base of the lowest layer of cloud below six thousand one hundred meters covering more than one-half of the sky;

(xill) "centre of gravity", in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under sub-rule (1) of rule 275;

(xliv) "certificate of airworthiness" means a certificate of airworthiness in force under rule 24;

(xiv) "certificate of approval" means a certificate of approval granted under rule 30;

(xlvi) "channel" means the part of a water aerodrome that is navigable and cleared for the safety of aircraft taking-off or landing in a given direction;

(xlvii) "charter aircraft" means an aircraft employed in charter operations as specified in rule 221;

(xlviii) "commercial operation" means an air operation specified in rule 221; other than a private operation;

(xlix) "Contracting State" means a country other than Pakistan, that is 'a party to the Chicago Convention;

(l) "control area" or "control zone" means an airspace designated as a control area or control zone by the Director-General in pursuance of rule 99; '

(li) "controlled aerodrome" means an acrodrome designated as a con trolled aerodrome by the Director-General in pursuance of rule 99;

(lii) "controlled airspace" means a control area or a control zone;

(liii) "Convention" means the Convention on International Civil Avia tion 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 corres ponding meaning;

(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 control instructions;

(lvix) "danger .area" means an area declared by the Director-General under rule 144 to be a danger area;

(lx) "dangerous lights" means any lights which may endanger the safety of aircraft, whether by reason of glare or by causing confusion with or preventing clear visual reception of aeronautical lights or signals;

(lxi) "Department" means Department of Civil Aviation;

(lxil) "Director-General" means Director-General, Civil Aviation, Govern ment of Pakistan;

(lxiii) "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;

(lxiv) "examination" means an examination by way of a test of theore tical knowledge or a practical test of knowledge and skill;

(lxv) "expected approach time" means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing;

(lxvi) "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 lighter-than-air aircraft, the operation of the aircraft from the moment when it 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;

(lxvii) "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;

(lxviii) "Flight Information Region" means airspace of defined dimen sions within which flight information service and starting service are provided;

(lxix) "flight manual", in relation to an aircraft, means the flight manual for the aircraft approved or issued in accordance with rule 140 and includes any alternations made to that flight manual in accordance with that rule;

(lxx) "flight plan" .means specified information, provided to Air Traffic Control, relative to the intended flight of an aircraft;

(lxxi) "Flight Service" means a service established by the Director-General in pursuance of rule 109;

(lxxii) "Flight Service Officer Licence" means a licence granted under rule 112;

(lxxiii) "flight time" means the total time from the moment at which an aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest at the end of a flight;

(lxxiv) "flight visibility" means the average range of visibility forward from the cockpit of an aircraft in flight;

(lxxv) "flying school licence" means a licence granted under rule 74;

(lxxvi) "foreign aircraft" means an aircraft registered-

(a) in a foreign country;

(b) under a joint registration plan or an international registration

(lxxvii) "glide" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces remain ing fixed under given conditions of flight;

(lxxviii) "grant", in relation to a licence or certificate, means grant of the licence or certificate, either by way of initial issue or by renewal from time to time;

(lxxix) "gross weight", in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft at that time, estimated in accordance with the method set out in a direction in force under sub-rule (l) of rule 275;

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

(lxxxi) "heavier-than-air aircraft is the generic term for aircraft deriving their lift in flight chiefly from aerodynamic forces;

(lxxxii) "helicopter" means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more normally power-driven motors on substantially vertical axis;

(lxxxiii) "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;

(lxxiv) "horizontal plan", in relation to an aeroplane, means the plane containing the longitudinal axis and perpendicular to the plan of symmetry of the aeroplane;

(lxxxv) "I. F. R." is the symbol used to designate the Instrument Flight Rules prescribed in Part XI;

(lxxxvi) "I. F. R. Flight" means a flight conducted in accordance with the I. F. R. ;

(lxxxvii) "I. F, R Operation" means an operation conducted in accor dance with the I. F. R. ;

(lxxxviii) "I. M. C." is the symbol used to designate meteorological condi tions other than those designated by the symbol "I. M. C." ;

(lxxxix) "instrument approach procedure" means the approved proce dure to be followed by aircraft in letting down from cruising level and landing at an aerodrome;

(xc) "international air service" means an air service which passes through the airspace over the territory of more than one country;

(xci) "international operating agency" means an international operat ing agency referred to in Article 77 of the Convention;

(xcii) "international registration plan" means a plan for the registration by an international organization of aircraft operated, or to be operated, by an international operating agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention;

(xciii) "joint registration plan" means a plan for joint registration by Contracting States constituting an international operating agency of aircraft operated, or to be operated, by the agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention;

(xciv) "Kite" means a glider normally moored to the ground;

(xcv) "land station" means a radio station, not capable of being moved, which performs a mobile service;

(xcvi) "landing area" means the part of the manoeuvring area primarily intended for landing or take-off of aircraft;

(xcvii) "landing strip" means a rectangular portion of the landing area, specially prepared for the take-off and landing of aircraft in a particular direction;

(xeviii) "licensed" means licensed under these rules;

(xcix) "lighter-than-air aircraft" is the generic term for aircraft supported chiefly by their buoyancy in the air;

(c) "maintenance" means-

(a) in relation to an aircraft :-

(i) the doing of any 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:-

(ci) "maintenance document", 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) document issued by a person other than the Director-General and approved by the Director-General or by an authorized person, for use for the purposes of the maintenance of the aircraft;

(cii) "maintenance release" means a maintenance release in force under rule 43;

(ciii) "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;

(civ) "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 the aircraft to become a danger to person or property;

(cv) "Manager" means the Airport Manager appointed by the Federal Government or any person performing the duties of Manager at an aerodrome or at an airport or designated as being over all incharge of an aerodrome or of an airport or any person designated as such;

(cvi) "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;

(cvii) "maximum landing weight", in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum landing weight;

(cviii) "maximum take-off weight", in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, aircraft as the maximum take-off weight;

(cix) "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 ;

(cx) meteorological minima" means the minimum values of meteorolo gical elements as determined by the Director-General in respect of specified types of flight operation;

(cxi) "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 ;

(cxii) "meteorological observer" means a person authorized by the Director-General of Meteorology to make or record meteorological observations or a person approved by the Director-General for that purpose ;

(cxiii) "meteorological report" means a statement, presented in plain language or in code, either orally, in written form or by tele-communication, of past or present meteorological conditions at ground level or in the free air as observed from a given place ;

(cxiv) "military aerodrome" means an aerodrome under the control of any part of the Defence Forces ;

(cxv) "military aircraft", in relation to Pakistan aircraft, means the aircraft of any part of the Defence Forces, and includes any aircraft com manded by a member of those Forces who is detailed for the purpose and any aircraft being constructed for any part of the Defence Forces ;

(cxvi) "movement area" means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons ;

(cxvii) "nationality mark" includes a common mark used instead of a nationality mark under a joint registration plan or an international registration plan ;

(cxviii) "night flight" means flight during night ;

(cxix) "Notices to Airmen" means Notices to Airmen published under these rules ;

(cxx) "operating crew" means any person having duties on board in connection with the flying or safety of the flight of an aircraft ;

(cxxi) "operational control" means the exercise of authority by Air Traffic Control over the initiation, continuation, diversion or termination of flight ;

(cxxii) "operational control service" means a service--

(a) for the provision of such advice and information as may be useful for the safe and efficient conduct of flights ; and

(b) for the control of the initiation, continuation, diversion of termination of flights in order to ensure the safety of aircraft operations ;

(cxxiii) "operator" means a person, organization, or enterprise engaged in, or offering to engage in, an aircraft operation ;

(cxxiv) "permissible unserviceability", in relation to an aircraft, means a defect in, or damage to, the aircraft of a kind approved by the Director- General under rule 37 as a permissible unserviceability in relation to the aircraft ;

(cxxv) "position report" means a message, in a specified form, containing information on the position and progress of an aircraft ;

(cxxvi) "private aircraft" means an aircraft employed in private opera tions as specified in rule 221 ;

(cxxvii) "prohibited area" means an area declared by the Director-General under rule 144 to be a prohibited area ;

(cxxviii) "public transport service" means a service for the carriage of persons or cargo for hire or reward ;

(cxxix) "regular aerodrome" means an aerodrome which is listed in the flight plan as an aerodrome of intended landing ;

(cxxx) "regular public transport aircraft" means an aircraft employed in regular public transport operations as specified in rule 221 ;

(cxxxi) "registered aircraft" means an aircraft registered under these rules ;

(cxxxii) "reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported ;

(cxxxiii) "reserve time" means a period during which a flight crew member is required by an operator to hold himself available for a tour of duty ;

(cxxxiv) "rest period" means a period of time during which a flight crew member is relieved by an operator of all duties associated with his employment ;

(cxxxv) "restricted area" means an area declared by the Director-General under rule 144 to be a restricted area ;

(cxxxvi) "rotorcraft" means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more rotors on substantially vertical axis ;

(cxxxvii) "route segment" means a route, or portion of a route, usually flown without an intermediate stop ;

(cxxxviii) "servicing", in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance ;

(cxxxix) "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 ;

(cxi) "tour of duty" means a period from the time at which a flight crew member commences any duties as associated with his employment before making a flight or series of flights until the time at which he is finally relieved of all such duties after the termination of the flight or flights, and includes a period during which a flight crew member is required by an operator to hold himself available at an aerodrome for the performance of any such duties ;

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

(cxiii) "traffic pattern" means the path over the ground of aircraft in flight--in the vicinity of an aerodrome during the execution of take-offs and landings and their paths when manoeuvring on the manoeuvring area ;

(cxliv) "vertical plane", in relation to an aeroplane, means a plane per pendicular to the horizontal plane ;

(cxlv) "V. F. R." is the symbol used to designate the Visual Flight Rules prescribed in Part XI ;

(cxlv) "V. F. R. flight" means a flight conducted in accordance with V. F.R. ;

(cxlvi) "V. F. R. operation" means an operation conducted under V. F. R.;

(cxlvii) "visibility" means the ability, as determined by atmospheric con ditions and expressed in units of distance, to see and identify prominent unlighted objects by day and lighted objects by night ;

(cxlviii) "V. M. C" is the symbol used to designate meteorological con ditions equal to or better than-

(a) where the flight is at a height of less than 1524 meters-those specified in rule 182 ; or

(b) in any other case--those specified in rule 183 ;

(2) In section 2 of Part X and in Parts XI and XII, unless there is anything repugnant in the subject or context :-

(i) "landing" includes alighting on the water and "to land" has a corresponding meaning ; and

(ii) "visible", in relation to lights, means visible on a dark night with a clear atmosphere.

(3) For the purposes of section 2 of Part X and Parts XI and XXI, an aircraft shall be deemed to be--

(i) "on the surface of the water" when any part of the aircraft is in contact with the water ;

(ii) "making way" if, being under way in the air or on the surface of the water, it has a velocity relative to the air or the water, as the, case may be ;

(iii) "under command" when it is able to manoeuvre as required by the rules contained in section 2 of Part X and Parts XI and XII ;

(iv) "under way", if, being in the air or on the surface of the water, it is not a ground or moored to the ground or to any fixed object on the land or in the water.

(4) 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.

(5) Any reference in these rules to the owner of an aircraft, except in rule 7, 10, 24, 25, 27, 38, 46, 47 or 54 shall, where under a contract of hire of charter agreement, the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.

(6) 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 an object, as the case requires.

(7) For the purposes 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.

(8) 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 authorizes, 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 380 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 at that place has ended and before morning civil twilight at that place next commences.

  1. (1) These rules shall apply to and in relation to-

(a) international air navigation within Pakistan ;

(b) air navigation in relation .to trade and commerce with other count ries ;

(c) air navigation within Pakistan ;

(d) air navigation in controlled air space that is of a kind not specified in clause (a), (b) or (c) but directly affects, or may endanger, the safety of persons or aircraft engaged in air navigation of a kind specified in (a) or (b) ; and

(e) on and after such date as is fixed by the Federal Government for the purposes of this clause by notification in the official Gazette, all or any air navigation within Pakistan of a kind not specified in this rule.

(2) Except where otherwise prescribed, the provisions of these rules shall apply to and in relation to registered aircraft engaged in air navigation outside Pakistan territory.

(3) When a registered aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of these rules relating to the flight and manoeuvre of aircraft.

(4) The Director-General shall notify in Aeronautical Information publications any differences between the provisions of these rules relating to the flight and manoeuvre of aircraft and the provisions of Annex. 2 to the Convention.

PART II.-ADMINISTRATION AND ORGANIZATION

  1. (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) The Director-General shall maintain close liaison with the Pakistan Air Force in matters of common interest.

  1. Wherever the Director-General is empowered or required under these rules to issue any direction or notification 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 in Air Navigation Orders or by writing under his hand.

  2. The Federal Government or the Director-General may by order in writing direct that any power or function conferred upon, or entrusted to it or, as the case may be, him 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

  1. (1) The Director-General shall maintain a register of aircraft registered in Pakistan, hereinafter referred to as the Aircraft Register.

(2) An application for the registration of an aircraft may be made by, or on behalf of-

(a) where the aircraft is not an aircraft referred to in clause (b) or clause (c)-the owner of the aircraft ;

(b) where the aircraft not being an aircraft referred to in clause (c) is the subject of a contract of hire or charter (including a hire-purchase agreement the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract, that party ; or

(c) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person, that person.

(3) Subject to sub-rule (2), an application for the registration of an aircraft may be made by or on behalf of two or more persons who, jointly or in common, hold an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer of the aircraft and if such an application is made, the applicant shall, in the application, nominate one of them as the person to whom the Director-General may issue the certificate of registration in respect of the aircraft.

(4) The Aircraft Register shall be kept in such form, and at such place or places, as the Director-General may determine, and shall include the following details in relation to each aircraft, namely:

(a) the date of registration of the aircraft ;

(b) a description of the aircraft ;

(e) the number or other identification mark given to the aircraft by the manufacturer;

(d) the nationality and registration marks referred to in rule 16 with respect to the aircraft;

(e) the name and residential address or; in the case of a corporation, registered address of the owner of the aircraft ;

(f) in the case of an aircraft referred to in clause (b) of sub-rule (2), the name and address of the purchaser under the hire-purchase agreement ; and

(g) in the case of an aircraft referred to in clause (c) of sub-rule (2), the name and address of the hirer or charterer, as the case may be, of the aircraft.

(5) When an aircraft is registered in the Aircraft Register the Director -General or an authorized person shall issue a certificate of registration in respect of the aircraft to-

(a) the person by whom or on whose behalf the application for registra tion of the aircraft was made ; or

(b) if there are two or more such persons that one of these persons who is nominated in the application for registration of the aircraft in accordance with sub-rule (3).

  1. The Director-General may require the person who makes an applica tion for the registration of an aircraft to make a declaration as to the truth of the statement set out in the application.

  2. The Director-General may, with the prior approval of the Federal Government, refuse to register an aircraft if the aircraft is not intended to be used as an aircraft.

  3. (1) Where the holder of a certificate of registration in respect of a registered aircraft-

(A) ceases to have an interest, or acquires a different interest, in the aircraft ; or

(B) in the case of a holder whose certificate of registration was issued y to him by virtue of sub-rule (3) of rule 7 or sub-rule (3) becomes aware that another person who had an interest as owner, purchaser under a hire- purchase agreement, hirer or charterer in the aircraft has ceased to have that interest, the holder shall, within two weeks thereafter, forward to the Director General-

(a) a statement giving the nationality mark and the registration mark of the aircraft and setting out to the best of his knowledge-

(i) the nature of the change of interest that has occurred ;

(ii) the date of the change ; and

(iii) the names and addresses of the persons affected by the change; and

(b) if the certificate of registration of the aircraft is in the possession of the holder-the certificate of registration of the aircraft.

(2) A person who has acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in a registered aircraft shall, within two weeks after acquiring that interest, forward to the Director-General a statement giving the nationality mark and the registration mark of the aircraft and setting out-

(a) the nature of the interest ;

(b) the manner in which, and the date on which, the interest was acquired ;

(c) the name and address of the previous owner of the interest ; and

(d) his own name and address.

(3) Where a statement under sub-rule (2) is forwarded by two or more persons who, jointly or in common, have acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in a registered aircraft, those persons shall, in the statement nominate one of them as the person to whom the Director-General may issue the new certificate of registration in respect of the aircraft.

(4) Where the Director-General is satisfied of the truth of a statement forwarded to him by a person under this rule in respect of an aircraft, he shall-

(a) make the necessary changes in the registration in respect of the air craft ; and

(b) issue a new certificate of registration in respect of the aircraft to

(i) where the aircraft is not an aircraft referred to in sub-clause (ii) or sub-clause (iii), the owner of the aircraft ;

(ii) where the aircraft, not being an aircraft referred to in sub-clause (iii) is the subject of a contract of hire or charter (including a hire-purchase agreement) the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract, that party and

(iii) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person-that other person, being, in a case where a nomination has been made under sub-rule (3), the person so nominated.

  1. (1) 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 its ownership, the possession or use of the aircraft otherwise transferred to any person, company or corporation, without the previous permission in writing of the Director-General.

(2) The Director-General may at his discretion prevent any aircraft which is not registered in Pakistan but which has been based in Pakistan from leaving Pakistan.

  1. (1) Where a registered aircraft has been destroyed or permanently withdrawn from use the holder of a certificate of registration in respect of the aircraft shall, within two weeks after he becomes aware of the destruction or withdrawal, forward to the Director-General-

(a) a statement setting out the circumstances of the destruction or with drawal ; and

(b) if the certificate of registration of the aircraft is in his possession-the certificate of registration of the aircraft.

(2) Where the Director-General is satisfied that a registered aircraft has been destroyed or permanently withdrawn from use, he shall cancel the registration of the aircraft.

(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 accordingly ;

(4) An applicant under sub-rule (3) shall forward to the Director-General the certificate of registration of the aircraft if the certificate is in his possession.

  1. The Aircraft Register shall be made available for the information of interested persons at such times, and subject to such conditions, as the Director-General may direct.

  2. An aircraft shall not be registered under these rules if it is a foreign aircraft.

  3. (1) Where an aircraft is registered under these rules it has Pakistan nationality.

(2) Where an aircraft is registered in a Contracting State, it has the nationality of that Contracting State.

(3) Where an aircraft is registered under a joint registration plan or an international registration plan, it shall, to the extent set out in the Resolution on Nationality and Registration of Aircraft operated by International Operating Agencies adopted by the Council on the fourteenth day of December, 1967, be deemed to have the nationality of each of the Contracting States that constitute the International Operating Agency by which the aircraft is operated.

SECTION 2.-MARKING OF AIRCRAFT

  1. (1) The nationality mark of a registered aircaft is the symbol

(2) The registration mark of a registered aircraft is a group of three letters, being the letters assigned to an aircraft on its registration.

(3) A registered aircraft shall carry, secured to the aircraft in a permanent position near the main entrance, a plate of fireproof metal or other fireproof material of suitable physical properties inscribed with the nationality mark and registration mark of the aircraft and with such other details as the Director-General may require to give effect to the Convention.

(4) The nationality mark and the registration mark of a registered aircraft shall be--

(a) affixed on the aircraft by painting or by any other means that ensures a similar degree of permanency; and

(b) clean and visible at all times.

  1. (1) The location of nationality marks and registration marks on registered aircraft shall be in accordance with this rule.

(2) In the case of a lighter-than-air aircraft being-

(a) an airship, the marks shall appear on each side of the airship and also on the upper surface on the line of symmetry and they shall be located lengthwise near the maximum cross-section of the airship;

(b) a spherical balloon, the marks shall appear in two places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon; or

(c) a non-spherical balloon, the marks shall appear on each side and shall be located near the maximum cross-section of the balloon immediately above either the rigging hand or the points of attachment of the basket suspension cables.

(3) The side marks of all lighter-than-air aircraft shall be so located that they shall be visible both from the sides and from the ground.

(4) The marks of a heavier-than-air aircraft shall-

(a) appear on the wings of the aircraft; and

(b) also appear either on the fuselage, or equivalent structure, of the aircraft or on the vertical tail surfaces of the aircraft.

(5) The marks shall appear once on the upper surface of the wing structure and once on the lower surface of the wing structure of a heavier- than-air aircraft and they shall be located on the right half of the upper surface and on the left half of the lower surface of the wing structure, unless they extend across the whole of both the upper and the lower surfaces of the wing structure.

(6) The wing marks of a heavier-than-air aircraft shall, so far as is possi ble, be located equidistant from the leading and trailing edges of the wings and the tops of the letters shall be toward the leading edge of the wing.

(7) The marks on the fuselage, or equivalent structure, of a heavier-than -air aircraft shall be on each side of the fuselage or equivalent structure bet ween the wings and the tail surface.

(8) The marks on the vertical tail surfaces of a heavier-than-air aircraft shall be--

(a) where the tail structure of the aircraft includes a single vertical surface only on each side of that surface; or

(b) where the tail structure of the aircraft includes multi-vertical surfaces---on each of the outboard sides of the outer vertical surfaces of the tail structure.

18.-(1) The type of letters for nationality marks and registration marks and their measurements shall, subject to rule 19, be as follows :--.

(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) The width of each letter (except the letter I) and the length of a hyphen shall be two-third 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 which 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 the purpose of this paragraph, a hyphen shall be regarded as a letter.

(f) In the case of a lighter-than-air aircraft, the height of the marks shall be at least 500 millimeters.

(g) In the case of a heavier-than-air aircraft.

(i) the height of the marks on the wings .shall be at least 500 milli meters ; and

(ii) the marks on the fuselage (or equivalent structure) and on any vertical tail surface shall be as nearly as possible parallel to the longitudinal axis of the aircraft and shall be as large as practicable, but shall not interfere with the visible outlines of the fuselage (or equivalent structure) and shall leave at least 50 millimeters margin along with edge of any vertical tail surface.

(2) Sub-clause (it) of clause (g) of sub-rule (1) shall not be interpreted as requiring the use of marks exceeding 150 millimeters in height.

  1. If a heavier-than-air aircraft does not possess parts corresponding with those mentioned in sub-rule (4) of rule 17 and clause (g) of sub-rule (1) of rule 18 the marks shall appear on the aircraft in such manner as the Director-General may determine, so that the aircraft can be identified readily.

  2. (1) A registered aircraft shall not bear on any part of its exterior surfaces any advertisement, sign or lettering-

(a) except as required or permitted by or under this Part; or

(b) except with the approval in writing of the Director-General.

(2) The name of a registered aircraft and the name and emblems of the owner of such aircraft may be displayed on the aircraft if the location, size, shape and colour of the lettering and signs do not interfere with the easy recognition of, and are not capable of confusion with the nationality and registration marks of the aircraft.

PART IV-AIRWORTHINESS REQUIRIMENTS

SECTION 1-DESIGN STANDARDS AND CERTIFICATE OF TYPE APPROVAL

21.-(1) The Director-General may issue a design standard in respect of a type of aircraft or aircraft component, and shall do so if-

(a) a person applies under rule 22 for approval of the drawings and specifications of a type of aircraft or aircraft component; or

(b) a person applies under rule 35 or 36 for the giving of 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 should conform if the aircraft or any aircraft in which the aircraft component is fitted is to be capable of being flown with safety in normal operations in accordance with these rules.

  1. (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.

(2) If an applicant under sub-rule (1)-

(A) furnishes to the Director-General the drawings and specifications of the type of aircraft for aircraft component to which the application relates and such other documents for other evidence as the Director-General may require relating to the suitability for aeronautical purposes of an aircraft or aircraft component of that type; and

(B) satisfies the Director-General that an aircraft or aircraft component of that type-

(i) conforms with any design standard is in force under rule 21 in respect of that type; and

(ii) is suitable for aeronautical purposes, the Director-General shall-

(a) if the drawnings and specifications of the type, of aircraft or aircraft component furnished to the Director-General have not been marked as having been approved by an authorized person-approve those drawings and specifi cations 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.

(3) The Director-General .may, from time to time, direct the holder of a certificate of type approval, by notice in writing served on him, to furnish to the Director-General such documents or other evidence as he may require relating to the suitability for aeronautical purposes of aircraft or aircraft components of the type to which the certificate relates.

(4) If-

(a) the holder of a certificate of type approval fails to comply with any of the requirements made on him under sub-rule (3), or

(b) the Director-General is satisfied that there is evidence to show that there is a defect in the design of aircraft or aircraft components of the type to which a certificate of type of approval relates that is of such a kind as to affect the safety of aircraft of that type or of aircraft in which are fitted aircraft components of that type, or to make such aircraft a danger to person or property,

the Director-General may, by order in writing suspend or with the prior approval of the Federal Government, cancel the certificate of typo approval.

  1. 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 aircraft in which is fitted an aircraft component of a type specified in the direction a certificate of type approval issued under rule 22 in respect of the type of aircraft or aircraft component, as the case may be, will be required to be in force.

SECTION 2-CERTIFICATE OF AIRWORTHINESS

  1. (1) The owner or operator of, or any other person having an interest in, a registered aircraft may apply to the Director-General or an authorized person for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State in respect of the aircraft.

(2) If an applicant under sub-rule (1) --

(a) furnishes to the Director-General or the authorized person such docu ments or other evidence as the Director-General or the authorized person may require relating to the fitness for flying of the aircraft to which the applica tion relates:

(b) satisfies the Director-General or the authorized person that-

(i) the aircraft was manufactured by the holder of a certificate of approval with respect to that manufacture;

(ii) approval for the manufacture of the aircraft was given by the Director-General and the aircraft was manufactured in accordance with that approval; or

(iii) there has been issued by the appropriate authority of the country 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.

(c) satisfies the Director-General or the authorized person that the aircraft when operated in accordance with the requirements specified in the flight manual for the aircraft, conforms to-

(i) where there is a certificate of type approval in force in respect of the type of aircraft in which the aircraft is included-the drawings and specifications approved under rule 22 in respect of that type or, to the extent that these drawings and specifications have been superseded by other drawings and specifications approved under rule 35, those other drawings and specifications; or

(ii) in any other case-any design standard in force under rule 21 and any drawings and specifications approved by the Director-General, in respect of the type or aircraft in which the aircraft is included;

(d) where there is in force under rule 25 a direction setting out a condition that, if a certificate of airworthiness were issued, renewed or validated in accordance with the application, would apply in relation to the certificate and would require that certain maintenance be carried out before the aircraft was flown, satisfies the Director-General or the authorized person that that maintenance has been certified by a person acceptable to the Director-General to have been carried out and that there is no reason to doubt that maintenance has been carried out;

(e) satisfies the Director-General or the authorized person that any main tenance required to be carried out to comply with any requirement imposed under rule 38 has been certified to have been completed in accordance with a system of certificate instituted under rule 34 and that there is no reason to doubt that that maintenance has been carried out; and

(f) satisfies the Director-General or the authorized person that the aircraft is fit to fly, having regard to the requirements specified in the flight manual for the aircraft;

the Director-General or the authorized person shall, subject to sub-rule (3), issue to the applicant a certificate of airworthiness or renew the certificate or airworthiness of the aircraft or validate the certificate of airworthiness of the aircraft issued by the appropriate authority of a Contracting State, as the case may be.

(3) Where an aircraft is included in a type of aircraft, or is fitted with an aircraft component included in a type of aircraft component specified in Air Navigation Orders under rule 23, the Director-General or an authorized person shall not issue a certificate of airworthiness in respect of the aircraft unless 'there is in force a certificate of type approval in respect of the type of aircraft or aircraft component, as the case may be.

(4) The Director-General may specify in a certificate of airworthiness granted under this rule the period during which the certificate is to remain in force.

23.-(1) The Director-General may, for the purpose of ensuring the safety of air navigation-

(a) include in a certificate of airworthiness in respect of an aircraft issued, renewed or validated under rule 24, a statement that the certificate is issued, renewed or validated subject to a condition set out in the statement, in a specified section of Air Navigation Orders or in the flight manual for the aircraft; or

(b) give a direction that a condition set out in the direction applies in relation to -

(i) every certificate of airworthiness in force on or after the date of the direction;

(ii) every certificate of airworthiness in respect of an aircraft of a kind specified in the direction in force on or after date of the direction; or

(iii) the certificate of airworthiness in respect of a specified aircraft.

(2) A direction given under clause (b) of sub rule (1) 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.

(3) The Director-General may, from time to time, direct the owner or operator of an aircraft in respect of which a certificate of airworthi ness is in force to furnish to him such documents or other evidence as he may require relating to the airworthiness of the aircraft.

26.-(1) Where the Director-General has reasonable grounds to believe that the safety of a registered aircraft is in doubt, he may suspend the certificate of airworthiness of the aircraft for a period not exceeding sixty days and may with the prior approval of the Federal Government further extend the period of suspension to resolve the doubt;

(2) Where the Director-General is satisfied that it is not safe to fly a registered aircraft he may suspend or, with the prior approval of the Federal Government cancel the certificate of airworthiness of the aircraft.

(3) Where the Director-General is satisfied, with respect to a registered aircraft that a condition set out in, or applying in relation to the certificate of airworthiness of the aircraft has not been complied with, he may suspend or cancel the certificate of airworthiness.

(4) A suspension or cancellation of a certificate of airworthiness of a registered aircraft under this rule does not have effect in relation to a person until a notice of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his attention.

  1. Where a direction in respect of a certificate or airworthiness of an aircraft under rule 25 or a notice of suspension or cancellation of a certificate of airworthiness of an aircraft under rule 26 has been served by post on the owner or operator of the aircraft; or has otherwise been brought to his attention the owner or operator shall use his best endeavours to ensure that the direction or the fact that the certificate of airworthiness has been sus pended or cancelled, as the case may be, is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for the aircraft.

  2. (1) Where an aircraft is to be exported from Pakistan, the Director. General may issue an export certificate of airworthiness in accordance with such form as he may consider appropriate in the circumstances of the case, in respect of the aircraft.

(2) An export certificate of airworthiness is not a certificate of airworthi ness for the purposes of these rules.

SECTION 3-FOREIGN OPERATORS

29.-(1) Where an aircraft possessing the nationality of a Contracting State is in Pakistan territory and is found to have suffered major damage or to have developed a major defect, the Director-General may direct that the aircraft shall not fly.

(2) Where the Director-General gives a direction under this rule, he shall intimate the appropriate authority of the Contracting State of the action taken by him and furnish a report of the damage or defect, as the case may be.

(3) The Director-General may, unless he considers that it would be detri mental to the safety of air navigation to do so, revoke a direction given under this rule if the appropriate authority of the Contracting State informs the Director-General that the appropriate authority-

(a) has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed ;

(b) considers that the damage or defect by reason of which the direction was given is not of such nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or

(c) considers that, in the circumstances of the case, the aircraft to which the direction relates may be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.

(4) In revoking a direction under the rule the Director-General may give a further direction imposing such conditions on the operation of the aircraft as are intimated to him by the appropriate authority referred to in sub-rule (3).

(5) A direction given under this rule 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.

SECTION 4-CERTIFICATE OF APPROVAL AND AIRCRAFT MAINTENIANCE ENGINEER LICENCES

30.-(1) A person engaged, or intending to engage, in any stage of design, manufacture, distribution or maintenance of aircraft, aircraft components or aircraft materials, or in the training of candidates for, or in the conducting of, the examination referred to in clause (e) of sub-rule (4) of rule 31 may apply to the Director-General for a certificate of approval in respect of these activities.

(2) Where an applicant under sub-rule (1)-

(a) furnishes to the Director-General such evidence as the Director -General may require-

(i) of the qualification and competence of the applicant or of the qualifications and competence of the employees of the applicant;

(ii) of the facilities at the disposal of the applicant; and

(iii) of the work procedures proposed by the applicant to carry out the activities to which the application relates; and

(b) satisfies the Director-General that, having regard to the evidence so furnished the applicant is, or will be, able to carry on the activities to which the application relates in a satisfactory manner,

the Director-General may grant to the applicant a certificate of approval with respect of these activities.

(3) The Director-General may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this rule an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in an order issued in that behalf of the Director-General.

(4) An authorized person may, at any time, for the purpose of ascer taining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner-

(a) inspect any aircraft, aircraft component or aircraft material;

(b) inspect any process or system carried on by any records maintained by, or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;

(c) conduct any tests that he may consider necessary; and

(d) require the holder of the certificate of approval to furnish to him such evidence as required-

(i) of the qualifications and competence of the holder or of the qualifi cations and competence of the employees of the holder;

(ii) of the facilities at the disposal of the holder;

31.-(1) The Director-General may, on the application of a qualified person, grant to the qualified person an aircraft maintenance engineer licence.

(2) The Director-General may, when granting an aircraft maintenance engineer licence, enter an endorsement on the licence specifying the limits of the work to which the licence relates.

(3) The Director-General may, for the purpose of ensuring the safety of air navigation, include in an aircraft maintenance engineer licence endorse ment that the licence is granted subject to a condition set out in the endorse ment or in an order issued by the Director-General.

(4) In this rule, "qualified person" means a person who-

(a) has attained the age of twenty-one years;

(b) satisfies the Director-General that he has attained such standard of knowledge in respect of-

(i) the principles of flight of aircraft; and

(ii) the assembly, functioning and principles of construction of, and the methods and procedures for the maintenance of, those parts of an aircraft that the Director-General may consider relevant having regard to the licence sought;

(iii) these rules and regulations as the Director-General, in consultation with the Federal Government may prescribe;

(c) [* * *] satisfies the Director-General that he possesses such knowledge of these rules and the Air Navigation Orders as he may require;

(d) satisfies the Director-General that he has had such practical experience of the duties performed by a holder of the licence sought as the Director- General may require;

(e) satisfies the Director-General that he is not suffering from any disability likely to affect his technical skill or judgment; and

(f) has passed such examination as the Director-General may require to be passed by an applicant for the licence sought.

(5) Any requirement formulated by the Director-General for the purposes of sub-rule 14 shall not be less than the corresponding minimum requirement adopted in pursuance of the convention.

(6) Where a person satisfies the Director-General that he-

(a) is the holder of a licence equivalent to the licence sought granted by a competent authority in, and in force in accordance with the law of, a country other than Pakistan;

(b) has complied with the minimum conditions required under the con vention and with such other requirements as the Director-General may specify; and

(c) does not suffer from any disability likely to affect his technical skill or judgment.

the Director-General may, for the purposes of this rule, treat the person as if he were a qualified person.

  1. The Director-General may specify in a certificate of approval or in an aircraft maintenance engineer licence the period during which the certificate or the licence, as the case may be, is to remain in force.

33.-(1) The Director-General may, at any time, require the holder of an aircraft maintenance engineer licence to undergo an examination designated to test his competency as such a holder.

(2) An authorized person may, at any time, inspect an aircraft or aircraft component for the purpose of ascertaining the competence and diligence of the holder of an aircraft maintenance engineer licence.

SECTION 5--MANUFACTURE AND MAINTENANCE

  1. (1) The Director-General may give a direction to-

(a) the holder of a certificate of approval;

(b) the holder of an aircraft maintenance engineer licence (other than person acting in the course of his employment with an employer; or

(c) a person authorized to carry out maintenance of an aircraft, aircraft component or aircraft material,

requiring him to submit to the Director-General a proposed system of certifi cation of the completion of stages of the 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.

(2) Where a person submits a proposed system of certification under the sub-rule 4, the Director-General may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.

(3) The Director-General may give a direction 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 the Director-General may specify in the direction.

(4) A direction given under this rule 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.

(5) A person to whom a direction under this rule has been given shall not fail-

(a) to comply with the requirements of a system of certificate instituted by him in accordance with the direction, in so far as these requirements apply in relation to him; or

(b) to take all steps reasonably required to ensure that persons in his employ working under an arrangement with him comply with the requirements of a system instituted by him in accordance with the direction in so far as those requirements apply in relation to them.

35.-(1) A person may apply to the Director-General or an authorized person for approval of the design of a modification or repair of-

(a) an aircraft or aircraft included in a type of aircraft; or

(b) an aircraft component or aircraft components included in a type of aircraft component.

(a) furnishes to the Director-General or the authorized person such evidence relating to the design to which the application relates (including evidence of the effect of the design on the safety of an aircraft) as the Director-General or the authorized person may require; and

(b) satisfies the Director-General or the authorized person that the design conforms with any relevant design standard in force under rule 21 in respect of the type of aircraft or aircraft component to which the application relates, the Director-General or the authorized person shall give approval to the design.

(3) Where the Director-General or an authorized person, in considering an application for approval of a design of a modification or repair under sub -rule (1) is not satisfied that the design will not effect the safety of an aircraft, the Director-General or the authorized person may, if the applicant so requests, authorize-

(a) the making of the modification or repair to a particular aircraft ; or

(b) the making of the modification or repair, to a particular aircraft component and the fitting of that aircraft component to a particular aircraft,

with a view to an application being made under rule 136 for permission to test the aircraft in flight to discover whether or not the making of the modification or repair has adversely affected the safety of the aircraft.

(4) An authorization under sub-rule (3) shall be in writing and shall include a statement that the authorization is given for the purpose of testing the aircraft to which the modification or repair is to be made or to which the aircraft component concerned is to be fitted, as the case may be.

(5) For the purpose of carrying out maintenance in accordance with an authority given under sub-rule (3) the design of the modification or repair concerned shall be deemed to have been approved under sub-rule (2).

(6) Where-

(a) the results of a test referred to in sub-rule (3) are furnished to the Director-General or to an authorized person; and

(b) having regard to those results, the Director-General or the authorized person is satisfied that the design concern will not adversely affect the safety of an aircraft,

the Director-General or the authorized person, as the case may be shall give approval to the design.

(7) The Director-General or an authorized person may, for the purpose of ensuring the safety or air navigation, include in an approval given under this rule a requirement that a specified thing to be done in accordance with the design is to be done by a specified person or by a person included in a specified class of persons, being an appropriate person for the purposes of rule 39 or an employee of such an appropriate person.

36.-(1) A person may apply to the Director-General or an authorized person for approval of an aircraft component, or of aircraft components included in a type of aircraft component, as a replacement for another aircraft component or aircraft component included in another type of aircraft component.

(a) furnishes to the Director-General or the authorized person such evidence relating to the suitability of an aircraft component to which the application relates for use as a replacement as set out in the application as the Director-General or the authorized person may require; and

(b) satisfies the Director-General or the authorized person that the design of any such aircraft component conforms with any design standard in force under rule 21 in respect of any aircraft component for which the first-men tioned aircraft component is intended to be a replacement, the Director-General or the authorized person shall approve the aircraft component, or aircraft components included in a type of aircraft components, to which the applica tion relates for use as a replacement as set out in the application.

(3) Where the Director-General or an authorized person, in considering an application under sub-rule (1) for approval of the use of an aircraft compo nent as a replacement as set out in the application is not satisfied that the use will not affect the safety of an aircraft the Director-General or the authorized person may, if the applicant so requests, authorize the fitting to a particular aircraft or an aircraft component as a replacement as set out in the application with a view to an application being made under rule 136 for permission to test the aircraft in flight to discover whether or not the use of that aircraft compo nent has adversely affected the safety of the aircraft.

(4) An authorization under sub-rule (3) shall be in writing and shall include a statement that the authorization is given for the purpose of testing the aircraft to which the aircraft component concerned is to be fitted.

(5) For the purpose of carrying out maintenance in accordance with an authority given under sub-rule (3) the use of the aircraft component concerned as a replacement shall be deemed to have been approved under sub-rule (2),

(6) Where--

(b) having regard to those results, the Director-General or the authorized person is satisfied that the replacement concerned will not adversely affect the safety of an aircraft,

the Director-General or the authorized person, as the case may be shall approve the aircraft component, or aircraft component, included in the type of aircraft components, to which the application relates for use as a replacement as [ * ] set out in the application.

37.-(1) The Director-General may, for the purpose of these rules approve a defect in, or damage to, a registered aircraft or any aircraft included in a class of aircraft, as a permissible unserviceability in relation to the aircraft or to a registered aircraft included in the class of aircraft as the case may be.

(2) The Director-General may, for the purpose of ensuring the safety of air navigation, direct that the use of a registered aircraft with a permissible unserviceability is subject to such conditions as are set out in the direction.

(3) A direction given under sub-rule (2) 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.

38.-(1) The Director-General may, for the purpose of ensuring the safety of air navigation, give direction specifying requirements for the main tenance of a registered aircraft.

(2) The Director-General may, for the purpose of ensuring the safety of air navigation, give a direction to the owner or operator of a registered aircraft requiring him to submit to the Director-General a proposed system of main tenance of the aircraft.

(3) Where a person submits a proposed system of maintenance of an aircraft under sub-rule (2), the Director-General may approve the proposed system with of without modification, and direct the person to institute the system as so approved.

(4) A person who has been directed under this rule to institute a system of maintenance of an aircraft-

(a) shall prepare a manual setting out the details of the system and shall furnish copies of the manual-

(i) to the Director-General;

(ii) to such other persons associated with the maintenance of the aircraft as the Director-General may direct; and

(iii) to such persons in the employ of, or working under an arrangement with, the first-mentioned person as the Director-General may consider necessary to permit the system to be carried out; and

(b) shall not fail-

(i) to comply with the requirements of the system in so far as those requirements apply in relation to him; or

(ii) to take all steps reasonably required to ensure that person in his employ or working under an arrangement with him comply with the require ments of the system in so far as those requirements apply in relation to them.

(5) A person who has been directed under this rule to institute is system of maintenance of an aircraft may, at any time, request the Director-General or the authorized person to approve any proposed change in the system, and the Director-General or the authorized person may give his approval accordingly.

(6) Where a change in a system of maintenance has been approved under sub-rule (5), the person who has been directed to institute the, system shall ensure that that change is incorporated in all copies of the manual setting out the system that is kept within the person's organization and that notice of those changes is forwarded to all persons to whom copies of the manual have been furnished in accordance with this rule.

(7) Where a person who has been directed under this rule to institute a system of maintenance of an aircraft considers that the system is defective or is no longer applicable to the maintenance that he is carrying out on the aircraft, he shall, without delay-

(a) request the Director-General or the authorized person to approve any necessary change in the system; or

(b) report the facts of the situation to the Director-General.

(8) A direction given under this rule may include a requirement that the maintenance specified in the direction is to be performed by a specified person or by a person included in a specified class of persons, being an appropriate person for the purposes of rule 39 or an employee of such an appropriate person.

(9) Where a direction given under sub-rule (1) with respect to the main tenance of an aircraft has been served by post on the owner or operator of the aircraft or has otherwise been brought to his attention, the owner or operator shall use his best endeavours to ensure that the direction is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.

(10) A direction given under this rule 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.

39.-(1) The owner, operator or pilot in command of a registered aircraft shall not authorize or permit any maintenance to be carried out on the aircraft except by a person who is, or is employed for that purpose by, an appropriate person in relation to the maintenance.

(2) A person shall not carry out maintenance of a registered aircraft unless he is, or is employed for that purpose by an appropriate person in relation to the maintenance.

(3) An appropriate person shall not carry out a modification or repair of a registered aircraft-

(a) the design of the modification or repair has been approved under rule 35 or has been specified by the Director-General it, or by means of, a direction under rules 25, 38 or 44; and

(b) the modification or repair is carried out in accordance with that design.

(4) An appropriate person shall not, in carrying out maintenance of a registered aircraft replace one aircraft component with another unless the aircraft component that he installs-

(a) is identical with the aircraft component that it replaces; or

(b) has been approved under rule 36 as a replacement for the aircraft component that it replaces. `

(5) Unless the Director-General otherwise, approves, an appropriate person shall not, in carrying out maintenance of a registered aircraft, install or use in the aircraft any aircraft component or aircraft material unless--

(a) where the aircraft component or aircraft material has been manu factured or reconditioned by or on behalf of the appropriate person-

(i) the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under rule 34;

(ii) where any aircraft component incorporated in the first-mentioned aircraft component was manufactured or reconditioned by or on behalf of the appropriate person-the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under rule 34;

(iii) where any aircraft component incorporated in the first mentioned aircraft component was supplied to the appropriate person by another person-the aircraft component was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this sub-clause; and

(iv) where the reconditioning included a modification or repair-

(A) the design of the modification or repair has been approved under rule 35 or has been specified by the Director-General in, or by means of, a direction under rules 25, 38 or 44; and

(B) the modification or repair has been carried out in accordance with that design; or

(b) where the aircraft component or aircraft material has been supplied to. the appropriate person by another person-the aircraft component or aircraft material was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this clause.

(6) Unless the Director-General otherwise approves, an appropriate person shall not, in carrying out maintenance of a registered aircraft install or use in the aircraft any aircraft component or aircraft material in respect of which maintenance (other than reconditioning) has been carried out by or on behalf of the appropriate person unless-

(a) the maintenance of the aircraft component or aircraft material has been certified to have been completed in accordance with a system of certifi cation instituted under rule 34;

(b) where, in the course of that maintenance, any aircraft component that was manufactured or reconditioned by the appropriate person was incorporated in the first-mentioned aircraft component-the work of manufacturing or reconditioning that aircraft component has been certified to have been com pleted in accordance with a system of certification instituted under rule 34;

(c) where, in the course of that maintenance any aircraft component that was supplied to the appropriate person by another person was incorporated in that first-mentioned aircraft component-the aircraft component was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this clause; and

(d) where the maintenance of the aircraft component included a modifica tion or repair-

(i) the design of the modification or repair has been approved under rule 40 or has been specified by the Director-General in, or by means of a direction under rule 25, 38 or 44; and

(ii) the modification or repair has been carried out in accordance with that design.

(7) Where an appropriate person has control of an aircraft on which maintenance is being carried out, he shall take adequate steps to ensure that notice of such maintenance is given to any person likely to wish to 8y that aircraft.

(8) For the purposes of sub-rule (7) an aircraft on which maintenance (other than approved maintenance to be carried out by the pilot in command of the aircraft) has been commenced shall be deemed to be an aircraft on which maintenance is being carried out until the maintenance has been certified to have been completed in accordance with rule 34.

(9) In this rule "appropriate person", in relation to any maintenance, means-

(a) the holder of a certificate of approval covering the maintenance or a person working under an arrangement with such a holder;

(b) the holder of an aircraft maintenance engineer licence covering the maintenance (other than a person acting in the course of his employment with an employer);

(c) the holder of an aircraft maintenance engineer licence who has in his employ a person who is the holder of an aircraft maintenance engineer licence covering the maintenance; or

(d) a person authorized to carry out the maintenance (other than a person acting in the course of his employment with an employer).

being, where the approval or direction with respect to the maintenance includes a requirement that the maintenance is to be carried out by a specified person or by a person included in a specified class of persons, a person who is, or has in his employ the specified person or a person included in the specified class of persons, as the ease may be.

  1. -(1) Where, in the flight manual or the maintenance documents of a registered aircraft or in Air Navigation Orders, provision is made for the use for a particular purposes in connection with the servicing or operation of the aircraft material the specification of which is set out or referred to in the flight manual, the maintenance documents or Air Navigation Orders, the owner, operator or pilot in command of the aircraft (whether the aircraft is in Pakistan territory or not) shall not, unless the Director-General otherwise approves, use, or permit the use of for that purpose in connection with the servicing or operation of the aircraft, anything other than aircraft material of that kind;

(2) It is a defence if a person charged with an offence under sub-rule (1) proves that the substance used was obtained by the person from another person approved by the Director-General for the purposes of this rule and that other person supplied the substance as aircraft material that conformed to the specification set out or referred to in the flight manual or the main tenance documents of the aircraft or in Air Navigation Orders.

41.-(1) Unless the Director-General otherwise approves, the owner, operator or pilot in command of a registered aircraft that is outside Pakistan territory shall not, in connection with the maintenance of the aircraft, use, or permit the use of, any aircraft component, aircraft material or other thing if its use would, if the aircraft were in Pakistan territory, be an offence against these rules.

(2) The owner, operator or pilot in command of a registered aircraft that is outside Pakistan territory shall not authorize or permit any maintenance to be carried out on the aircraft except by--

(a) the holder of an aircraft maintenance engineer licence covering that maintenance;

(b) a person authorized to carry out that maintenance;

(c) a person who is authorized by the appropriate authority of a Contracting State to carry out on aircraft in that state maintenance of the kind in which that maintenance is included; or

(d) a person who possesses qualifications that are recognized by the Director-General as sufficient for the purpose of carrying out that maintenance.

(3) The owner, operator or pilot in command of a registered aircraft on which maintenance has been carried out outside Pakistan territory shall not fly the aircraft, or permit it to be flown, until the completion of the maintenance has been certified in a manner acceptable to the Director-General.

(4) Sub-rule (3) does not apply in relation to approved maintenance carried out by the pilot in command of the aircraft or the flight engineer, as the case may be.

  1. A person shall not make a certification, in accordance with a system of certification instituted under rule 34 with respect to the installation or use in a registered aircraft or an aircraft component or aircraft material unless he considers that the aircraft component or aircraft material, as the case may be, is serviceable.

43.-(1) Maintenance release in respect of a registered aircraft shall be issued only by authorised persons and only in such manner, and in accordance with such form, as the Director-General may direct:

(2) The Director-General may give a direction specifying the information to be entered on a maintenance release before its issue.

(3) Where a person appointed as an authorized person for the purposes of this rule is a body corporate, the Director-General shall specify in the instrument of appointment the condition that any maintenance release issued by the authorized person is to be signed, 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 a direction with respect to the reten tion and transfer of maintenance releases and copies of maintenance releases issued under this rule.

(5) The Director-General may give a direction specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to 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 any requirement or condition imposed under these rules has been certified, in accordance with a system of certification instituted under rule 34 or in a manner acceptable to the Director-General for the purposes of sub-rule (3) of rule 41 to have been completed; or

(b) in the case of a maintenance release in respect of a flight for which permission has been given under rule 136 and in respect of which a direction with respect to the maintenance of the aircraft has been given under that rule-all maintenance in respect of the aircraft required to be carried out to comply with that direction has been certified, in accordance with a system of certification instituted under rule 34, to have been completed.

(8) For the purposes of clause (a) of sub-rule (7) the existence of an earlier maintenance release issued by virtue of that clause in respect an aircraft may, in the absence of evidence to the contrary be accepted by an authorized person for the purposes of this rule as proof that all maintenance required under these rules to be carried out on the aircraft before the date of issue of the earlier maintenance release has been certified to have been completed as required by that clause.

(9) A maintenance release may bear an endorsement that the release is issued subject to a condition set out in the endorsement, being a condition 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 an alternative to the maintenance release for the purposes of this sub-rule shall bear an endorsement-

(a) setting out each permissible unserviceability that exists with respect to the aircraft;

(b) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under rule 37 in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in relevant Air Navigation Order; and

(c) stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release of the other document or otherwise.

(11) A person shall not issue a maintenance release in contravention of this rule.

(12) Sub-rule (11) does not apply in relation to a person by reason only that he has issued a maintenance release in contravention of a direction given under this rule unless the direction has been served by post or the person or has otherwise been brought to his attention.

(13) A person shall not sign a maintenance release to be issued by virtue of clause (a) of sub-rule (7) in respect of an aircraft if-

(a) he considers that-

(i) the aircraft is in a damaged condition or is defective;

(ii) the damage is major damage or the defect is a major defect, as the case may be; and

(iii) the damage or defect is not a permissible unserviceability;

(b) he considers that 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 the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft component, installed in the aircraft;

(c) he is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with a system of certifica tion instituted under rule 39 car in a manner acceptable to the Director-General for the purposes of sub-rule (3) of rule 41 to have been completed; or

(d) he is aware that-

(i) information entered on the maintenance release is incorrect; or

(ii) the maintenance release does not contain all information that is required by or under these rules to contain.

(14) Clause (a) of sub-rule (7) and clause (c) of sub-rule (13) do not apply in relation to approved maintenance carried out by the pilot in command of the aircraft.

(15) A direction given under this rule 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.

(16) Where a maintenance release is issued under this rule or again commences to be in force by virtue of rule 44 in respect of an aircraft, any other maintenance release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, ceases to be in force.

44.-(1) The Director-General may, for the purpose of ensuring the safety of air navigation, give a direction that a condition set out in the direction shall apply in relation to-

(a) every maintenance release in force on or after the date of the direction;

(b) every maintenance release in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or

(c) a maintenance release in respect of a specified aircraft.

(2) A direction given under this rule 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.

45.--(1) Where the Director-General is satisfied that a condition set out in, or applying in relation to, a maintenance release has not been complied with, he may suspend or cancel the maintenance release.

(2) A suspension or cancellation of a maintenance release under this rule does not have effect in relation to a person until a notice of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his attention.

  1. Where a direction setting out a condition that applies in relation to a maintenance release of an aircraft given under rule 44 or a notice of a suspension or cancellation of a maintenance release of an aircraft given under rule 45 bas been served by post on the owner or operator of the aircraft or has otherwise been brought to his attention, the owner or operator shall use his best endeavours to ensure that the direction or the fact that the maintenance release has been suspended or cancelled, as the case may be, is brought to the attention of any person who is likely to fly, or likely fly issue a maintenance release for, the aircraft.

47.-(1) Where the owner, the operator or a tight crew member of, 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 considers-

(a) that-

(i) a requirement or condition imposed under these rules in respect of the maintenance of the aircraft has not been complied with;

(ii) the aircraft has suffered major damage or has developed a major defect, other than damage or defect that is a permissible unserviceability;

(iii) abnormal flight or ground loads have been imposed on the aircraft; or

(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 characteristic of the aircraft or the operating characteristics of any aircraft component, or any system of aircraft components installed in the aircraft; and

(b) that there is a likelihood that the aircraft will be flown before-

(i) the requirement or condition referred to in sub-clause (i) of clause (a) has 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) or clause (a) has been remedied; or

(iv) the characteristics referred to in sub-clause (v) of clause (a) have been corrected;

he shall, subject to sub-rule (2), enter on the maintenance release, or other document approved for use and an alternative to the maintenance release for the purpose of this sub-rule, an endorsement signed by him setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

(2) A person is not required under sub-rule (1) to enter an endorsement on a maintenance release or other document approved for use as an alternative to a maintenance release if:

(a) the maintenance release was issued by virtue of clause (b) of sub -rule (7) of rule 43; and

(b) the person considers that the ground for entering the endorsement-

(i) existed at the time when the maintenance release was issued; and

(ii) was known to the person who issued the maintenance release or to a responsible employee of that person.

(3) where the owner, the operator or the pilot in command of, 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 in respect of the aircraft 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 ceases to be in force.

(4) Where---

(a) an authorized person (whether acting as an employee or on his own behalf) carries out maintenance on an aircraft in pursuance of an authoriza tion under sub-rule (3) of rule 40, or sub-rule (3) of rule 41, with a view to the aircraft being tested ; and

(b) there is in force in respect of the aircraft a maintenance release issued by virtue of clause (a) of sub-rule (7) of rule 43,

the authorized person shall enter on the maintenance release an endorsement signed by him setting out that he has carried out maintenance authorized under the relevant provision referred to in clause (a) and that the aircraft requires testing, and thereupon the maintenance release ceases to be in force.

48.-(1) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under sub-rule (1) of rule 47, the maintenance release shall again commence to be in force if-

(a) where the endorsement refers to a requirement or condition in respect of the maintenance of the aircraft not having been complied with-there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under rule 34, that the maintenance to which the requirement or condition relates has been completed;

(b) where the endorsement refers to the aircraft having suffered major damage or having developed a major defect-there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under rule 34, that the maintenance required to remedy the damage or the defect, as the case may be, has been completed;

(c) whether the endorsement refers to the aircraft having had 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 with a system of certification instituted under rule 34 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) where the endorsement relates to the flight characteristics of the air craft or the operating characteristics of an aircraft component, or system of aircraft components, installed in the aircraft there is entered on the main tenance release or other document on which the endorsement was made a certification instituted under rule 34 that the maintenance required to correct the flight characteristics 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 by virtue of an endorsement made under rule 47 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 cancelling 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 forced by virtue of an endorsement made under rule 47 shall not again commence to be in force except by virtue of an endorsement made under this rule.

(5) This rule does not have effect in relation to a maintenance release issue 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 by virtue of clause (a) of sub-rule (7) of rule 43.

  1. Where the owner, the operator or a flight crew member of, 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 considers-

(a) that the aircraft has developed a defect, or has suffered damage, that is a permissible unserviceability; and

(b) that there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;

he shall enter on the maintenance release, or other document approved for use an alternative to the maintenance release for the purposes of this rule, an endorsement signed by him-

(c) setting out each permissible unserviceability that exists with respect to the aircraft;

(d) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under rule 37 in relation to those permissible unserviceabilities as are not set in any operations manual issued with respect to the aircraft or in relevant Air Navigation Orders; and

(e) stating that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document.

  1. Where the owner, the operator or a flight crew member of a registered aircraft.

(a) becomes aware of the existence of a defect in the aircraft; or

(b) becomes aware that the aircraft has suffered damage that in the opinion of the owner, the operator or the flight crew member is major damage,

he shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this rule, an endorsement signed by him setting out the particulars of the defect or damage, as the case may be.

51.-(1) Where a person who, in the course of his employment with an employer, is engaged in the maintenance of a registered aircraft becomes aware of the existence of a defect in the aircraft, the person shall report the defect to his employer.

(2) Where a person engaged (other than as an employee) in the main tenance of a registered aircraft (other than an aircraft owned or operated by him) becomes aware of the existence of a defect in the aircraft, he shall, if he considers that it is a major defect report the defect to the owner or operator of the aircraft and make a report to the Director-General in the manner specified by the Director-General for the purposes of this sub-rule.

(3) Where the owner or operator of a registered aircraft becomes aware of the existence of a defect in the aircraft he shall-

(a) have an investigation made of the defect; and

(b) if he considers that it is a major defect-have a report made to the Director-General with respect to the defect and to any matters revealed by the investigation.

in the manner specified by the Director-General for the purposes of this sub-rule.

52.-(1) Where the holder of a certificate of approval covering the maintenance of aircraft components owned by him becomes aware that an aircraft component owned by him has developed a defect, he shall-

(a) have an investigation made of the defect;

(b) if be considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property-have a report made to the Director-General with respect to the defect made and of any matters revealed by the investigation; in a manner specified by the Director-General for the purposes of this sub-rule.

(2) Where the holder of a certificate of approval covering the maintenance of aircraft components becomes aware of the existence of a defect in an aircraft component in the maintenance of which he is engaged (other than an aircraft component owned by him), he shall, if he considers that the defect is such that, if the component were installed in, an aircraft, the safety of-the aircraft might be affected or the aircraft might become a danger to person or property, report the defect to the owner of the aircraft component and make a report to the Director-General in the manner specified by the Director-General for the purposes of this sub-rule.

(3) Where the holder of a licence under section 1 of Part XIII becomes aware of the existence of a defect in an, aircraft component owned by him and intended for use in aircraft used in operations under his licence he shall-

(b) if he considers that the defect is such that if the component were installed in an aircraft the safety of the aircraft might be affected or the aircraft might become a danger to person or property-have a report made to the Director-General with respect to the defect and of any matters revealed by the investigation,

in a manner specified by the Director-General for the purpose o f this sub-rule.

53.-(1) An authorised person may, for the purpose of ensuring the safety of air navigation, conduct an investigation into any matter connected with any defect in a registered aircraft (including the making of a test of an aircraft or of any aircraft component installed or provided in an aircraft.

(2) An investigation under rule (1) may extend to defects generally or may be limited to the investigation of a particular defect or a particular kind of defect.

(3) The authorised person may, for the purposes of carrying out the investigation.

(a) by order in writing served on a person, require the production to the first-mentioned person of any documents, aircraft components or under the control, of the person on whom the order is served;

(b) retain any document, aircraft component or other thing produced during the course of the investigation for such period as is necessary for the purpose of carrying out the investigation; and

(c) make and retain copies of, or take extracts from, any document so produced.

(4) Where the retention of a document, aircraft component or other thing produced for the purposes of an investigation is no longer necessary, the Director-General or the authorized person shall return the document, aircraft component or other thing to the person by whom it was produced.

54.-(1) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions specifying-

(a) the records to be kept in relation to-

(i) the maintenance done on a registered aircraft including any aircraft component fitted in a registered aircraft; and

(ii) the time in service of a registered aircraft and of aircraft components fitted in a registered aircraft;

(b) the form of, and the manner of keeping, a record referred to in clause (a); and

(c) the period during which a record kept in compliance with a direction under this rule is to be retained by the person keeping it, and the circum stances in which the record may, during that period, be transferred to another person.

(2) 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 under this rule.

(3) The Director-General or an authorized person may at any time, inspect any records kept in compliance with a direction under this rule, and the person keeping the records shall make them available for that purpose.

(4) The Director-General may direct the owner or operator of an aircraft to arrange for copies of the entries made in any record kept in compliance with a direction under this rule that is carried on the aircraft during a flight to be recorded in a form approved by the Director-General and kept in a safe place on the ground.

PART V-LICENCES AND RATINGS OF OPERATING CREW

55.-(1) A person shall not act in any capacity as a member of the flight crew of a registered aircraft or as flight operation officer unless he holds a licence granted or rendered valid under this part being a licence that-

(a) is appropriate under the provisions of this part; and

(b) is endorsed with the rating (if any) that is appropriate under the provisions of this part, for a person acting in that particular capacity.

(2) No member of the operating crew of an aircraft registered outside Pakistan shall fly or attempt to fly such aircraft within Pakistan, unless he is the holder of a licence granted or rendered valid under the law of the country in which the aircraft is registered.

(3) The Director-General may grant and endorse licence for the purposes of this Part.

(4) The Director-General may, for the purpose of ensuring the safety of air navigation, include in a licence granted or endorsed under this section an endorsement that the licence is granted or endorsed subject to a condition set out in the endorsement or in a specified Part or Section of Air Navigation Orders.

(5) A condition referred to in sub-rule (4) shall have effect notwithstanding any provision of this Part with respect to the effect of a licence granted or endorsed under this rule.

56.-(1) The class of licence that may be granted under this Part and of ratings that may be endorsed on such licences are as follows namely;

(a) Pilot licences -

(1) Student pilot licence, being a licence authorizing the holder to receive practical flight instruction and to increase his skill to the standards required for the issue of a licence of a higher category, or to engage in flying practice for the purpose of qualifying for renewal of a pilot licence which is no longer valid;

(ii) Private pilot licence, being a licence, authorizing the holder to pilot an aircraft used in private operations as specified in rule 221;

(iii) Commercial pilot licence, being a licence authorizing the holder to act-

(A) as pilot in command of an aircraft engaged in private operations, aerial work operations or, where the maximum take-off weight of the aircraft, does not exceed 5,700 kilogram, charter operations;

(B) as co-pilot of an aircraft engaged in private operations, aerial work operations or charter operations;

(C) with the approval of the Director-General, as pilot in command of an aircraft engaged in regular public transport operations, other than international regular public transport operations where the maximum take-off weight of the aircraft does not exceed 5,700 kgs.

(D) with the approval of the Director-General as co-pilot of an aircraft engaged in regular public transport operations;

(iv) Senior commercial pilot licence, being a licence authorizing the holder to act--

(A) as pilot in command of an aircraft having a maximum take-off weight of more than 5,700 kilograms engaged in charter operations; and

(B) with the approval of the Director-General, as pilot in command of an aircraft engaged in regular public transport operations, other than international regular public transport operation;

[* * *]

(v) [ * * ] Airline transport pilot licence, being a licence authorizing the holder to act in regular public transport services as pilot in any capacity;

(b) Pilot ratings-

(i) Flight instructor rating, or Assistant flight instructor rating being a rating endorsed in a commercial, senior commercial or airline transport pilot licence authorizing the holder to give practical flight instruction;

(ii) Instrument rating, being a rating endorsed in a private, commercial, senior commercial or airline transport pilot licence authorising the bolder to pilot aircraft under I. F. R. ;

(iii) Agricultural rating, being a rating endorsed on a commercial or senior commercial pilot licence authorizing the holder to pilot aerial work aircraft in agricultural operations;

(iv) Glider rating being a rating endorsed on glider pilot licence authorizing the holder to fly one or more specific types of gliders;

(v) Glider instructor's rating being a rating to authorize the holder to give instructions on flying gliders of one of more specific types of gliders ;

(vi) Towing rating being a rating endorsed in commercial pilot licence, S. C. P. L. or A. L. T. P. authorizing the holder to fly flying machines towing light types of gliders only.

(c) Navigator licence-

Flight navigator licence, being a licence authorizing the holder to perform the duties of flight navigator in aircraft.

(d) Radio operator licence-

(i) Aircraft radiotelephone operator certificate of proficiency, being a certificate certifying-

(A) that the holder is proficient in the use of aeronautical radiotelephone communication and emergency procedures and is authorized to operate all types of aircraft radiotelephone equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight; and

(B) if the holder satisfies the Director-General that he is proficient in the use of aircraft radiotelegraph equipment-that the holder is proficient in the use of radiotelegraph communication and emergency procedures for the equipment and is authorized also to operate the equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight;

(ii) Aircraft radiotelegraph operator certificate of proficiency, being a certificate certifying-

(A) that the holder is proficient in the use of aeronautical radiotelegraph communication and emergency procedures; and

(B) that the holder is authorized to operate all types of aircraft radio telegraph equipment on condition that the equipment is not installed, in an aircraft or if so installed, the aircraft is not in flight;

(iii) Flight radiotelephone operator licence, being a licence-

(A) authorizing the holder to operate, for radiotelephone communica tion purposes, in such types or categories of aircraft as are endorsed in his licence such aircraft radiotelephone equipment as is endorsed in his licence; and

(B) if the holder satisfies the Director-General that he is proficient in the use of the equipment for radiotelegraph purposes-authorizing the holder to operate the equipment for radiotelegraph communication also ; and

(iv) Flight radiotelegraph operator licence, being a licence authorizing holder to operate in such types of categories of aircraft as are endorsed in his licence such radiotelegraph equipment as is endorsed in his licence;

(e) Flight Engineer licences-

Flight engineer licence, being a licence authorizing the holder to perform the duties of flight engineer in the type of aircraft specified; and

(f) Glider pilot licence-

Glider pilot's licence, being a licence authorizing the holder to fly a glider as specified in relevant Air Navigation Orders.

[(g) Flight operation officer licence-

Flight operation officer licence being a licence authorizing the holder to act as such.]

(2) The orders in which the categories of licences in classes (a) and (d) are specified in sub-rule (1) is from the lowest to the highest in each class and any reference in these rules, in relation to one licence, to a licence of a higher or a lower category shall be read accordingly.

(3) For the purposes of these rules, aircraft radiotelephone operator certificate of proficiency and aircraft radiotelegraph operator certificate of proficiency shall be deemed to be licence issued under these rules.

  1. (1) In addition to the privileges and limitations specified in relation to any category of licence in rule 56, holders of licences shall have such privileges and be subject to such limitations as are prescribed by this rule.

(2) Subject to this rule, the holder of any licence shall have all the pri vileges specified in rule 56 in respect of a licence of a lower category:

(3) The holder of a commercial, senior commercial or airline transport pilot licence may, [ * * ] being the holder of a flight instructor rating, conduct flights for the purpose of enabling a commercial, senior commercial or airline transport pilot to qualify for the endorsement in his pilot licence of an additional type or category of aircraft.

(4) A person is not authorized to fly an private aircraft unless he is the holder of a private, commercial, senior commercial or airline transport pilot licence.

(5) A person is not authorized to fly an aerial work or a charter aircraft unless he is the holder of a commercial, senior commercial or airline transport pilot licence.

(6) A person is not authorized to fly an aerial work aircraft in agricultural operations unless he is the holder of a commercial or senior commercial pilot licence endorsed with an agricultural rating.

(7) Subject to sub-rule (8), a person is not authorized to act in the capacity of pilot or co-pilot of a regular public transport aircraft unless he is the holder of an airline transport pilot licence appropriate to that capacity.

  1. Where the Director-General so approves, the holder of a commercial or senior commercial pilot licence may fly a regular public transport aircraft.

(9) Notwithstanding anything contained in. sub-rules (1) to (8) or rule 56, a person may-

(a) fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, an aerial work aircraft for a period not exceeding three hours if accompanied by the flight instructor and if the flight instructor is satisfied that that person is able to understand instructions given in the English language and is capable of carrying out those instructions during the flight

(b) if he has-

(i) completed the period of flying referred to in clause (a);

(ii) applied for a student pilot licence; and

(iii) complied with the provisions of sub-rule (1) of rule 63;

fly for the purpose of undergoing flight instruction by the holder of a of a valid flight instructor rating, an aerial work aircraft for a period not exceeding nine hours, if accompanied by the flight instructor;

(c) if he has been granted a student pilot licence, fly-

(i) for the purpose of receiving practical flight instruction and increasing his skill to the standards required for the initial issue of a licence of a higher, category, an aerial work aircraft used for flying training; or

(ii) for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, a private aircraft or an aerial work aircraft; or

(d) if he has been granted a private pilot licence, fly-

(i) for the purpose of practising for the renewal of his private pilot licence, a private aircraft or an aerial work aircraft; or

(ii) for the purpose of increasing his skill to the standards required for the issue of an instrument rating or a commercial pilot licence, an aerial work aircraft used for flying training.

(10) The holder of a student pilot licence is not authorized to fly any aircraft-

(a) outside Pakistan territory, unless he has first obtained permission from the Director-General for the flight;

(b) for the purpose of his receiving practical flight instruction and increas ing his skill for the purpose of the initial issue of a licence of a higher category, unless he is accompanied by, a licensed pilot who holds a flight instructor rating; or

(c) for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, unless he is accompanied by, or is under the supervision of, a licensed pilot who holds a flight instructor [or assistant flight instructor] rating on a valid commercial, senior commercial or airline transport pilot licence;

and is not authorized, during any flying referred to in clause (b) or clause (c) to fly an aircraft carrying any person other than the licensed pilot referred to in the applicable clause.

58.-(1) Subject to these rules, a licence issued under this part shall remain in force for such period after the date of issue as is specified in the licence, but not exceeding-

(a) in the case of a student pilot licence-two years;

(b) in the case of private licence-two years;

(c) in the case of a commercial pilot licence-one year;

(d) in the case of a pilot licence other than a student pilot licence, a private pilot licence or a commercial pilot licence-six months;

(e) in the case of a navigator licence-one year;

(f) in the case of a flight radiotelephone operator licence-two years;

(g) in the case of a flight radiotelegraph operator. licence-one year;

(h) in the case of a flight engineer licence-one year; and

(i) in the case of glider pilot [or flight operation officer] licence two years.

(2) A licence may be renewed from time to time for any period not exceeding that mentioned in sub-rule (1) in respect of the issue of the licence.

  1. Subject to these rules-

(a) a flight instructor rating or a agricultural rating endorsed on a licence under this Part remains in force for the period for which the licence remains in force, including the period of any renewal of the licence;

(b) an instrument rating endorsed on a licence under this part remains in force until the expiration of six months after the date of its endorsement or of the period for which the licence remains in force, whichever first occurs.

(c) a glider instructor rating endorsed on a licence under this Part remains in force, following the grant or renewal thereof, until the expiration of six months or of the period for which the licence remains in force, whichever first occurs; and

(d) a towing rating endorsed on the licence under this Part remains in force until the expiration of six months after the date of its endorsement or the period for which the licence remains in force, whichever first occurs.

60.-(1) An applicant for a student pilot licence shall not be less than seventeen years of age at the date of his application for the initial issue of the licence.

(2) An applicant for a private pilot licence shall not be less than seventeen years of age at the date of his application for the initial issue of the licence.

(3) An applicant for a commercial pilot licence shall not be less than eighteen years of age at the date of his application for the initial issue of the licence.

(4) An applicant for a senior commercial pilot licence shall not be less than twenty-one years of age at the date of his application for the initial issue of the licence.

(5) An applicant for an airline transport pilot licence shall not be less than twenty-one years of age at the date of his application for the initial issue of licence.

(6) An applicant for a navigator licence shall not be less than nineteen years of age at the date of his application for the initial issue of the licence.

(7) An applicant for a flight radiotelephone operator licence shall not be less than sixteen years of age at the date of his application for the initial issue of the licence.

(8) An applicant for a flight radiotelegraph operator licence shall not be less than nineteen years of age at the date of his application for the initial issue of the licence.

(9) An applicant for a flight engineer licence shall not be less than twenty-one years of age at the date of his application for the initial issue of the licence.

(10) An applicant for the grant of glider pilot licence shall not be less than seventeen years of age at the date of his application for initial issue of the licence.

(11) An applicant for the grant of glider instructor's rating or flight operation officer licence shall not be less than twenty-one years of age at the date of his application for the initial endorsement on the licence.

  1. No person, being under seventeen years of age, shall have sole control of an aircraft in motion, and no person shall cause or permit any other person to have sole control of an aircraft in motion unless he knows or has reasonable cause to believe such other person to have attained the age of seventeen years.

  2. An applicant for the grant of a licence under this Part or for the endorsement of a rating on such a licence may be required by an authorized person to produce satisfactory proof of his identity immediately prior to-

(a) his undergoing an examination; or

(b) the grant to him of the licence or the endorsement of the rating on the licence.

63.-(1) Subject to this rule, an applicant for a licence under this Part is not eligible for the grant of such a licence, unless-

(a) he submits himself to a medical examination conducted by an approved medical examiner and satisfies the Director-General that he meets the medical standards adopted in pursuance of the Convention and notified by the Director-General in Air Navigation Orders; and

(b) at the time of the medical examination he-

(i) makes a declaration stating whether he has previously undergone a medical examination for the purpose of the grant of a licence and, if so, with what result;

(ii) answers all questions that, in the opinion of the approved medical examiner are necessary for determining whether he meets the medical standards referred to in clause (a); and

(iii) authorizes the disclosure to the Director-General of any information that has been acquired by any medical examiner, hospital or other medical organization which may assist in the determination of whether he meets those medical standards.

(2) Where an applicant for the grant of a licence under this Part fails to meet the medical standards referred to in clause (a) of sub-rule (1), the Director-General may grant the licence subject to-

(a) the condition that the holder of the licence is not authorized to engage in international air navigation; and

(b) such other limitations, if any, as the Director-General may consider necessary in the interest of the safety of air navigation, having regard to the applicant's experience and ability and to the nature and extent of his failure to meet the medical standards referred to in clause (a) of sub-rule (1).

(3) Any conditions or limitations subject to which a licence is granted under the sub-rule (2) shall be specified in the licence.

(4) When an applicant for renewal of a licence is a member of the operating crew of an aircraft operated in circumstances which render if impracticable for the applicant to be examined by an approved medical examiner, the medical examination may be referred by the Director- General-

(a) in the case of the holder of a student pilot licence, of a private pilot licence or of a flight radiotelephone operator licence-once for a period not exceeding six months; or

(b) in the case of the holder of any other licence-for two consecutive periods not exceeding three months each.

(5) The medical examination of an applicant for renewal of a licence of a class referred to in clause (b) of sub-rule (4) shall be deferred only upon the condition that the applicant obtains and submits to the Director-General on each occasion a satisfactory medical certificate by a qualified medical practitioner.

64.-(1) A holder of licence under this Part shall not perform the duties in respect of which he is licensed during any period for which he suffers an incapacity resulting from illness or injury, even if only a temporary incapacity resulting from a common minor ailment, which is likely to impair his efficiency in performing those duties.

(2) Where the incapacity impairs the efficiency of the holder of a licence for the performance of the duties in respect of which he is licensed-

(a) in the case of a student pilot licence, or a flight radiotelephone operator licence-for a period of thirty days or more;

(b) in the case of any other licence-for a period of seven days or more, the holder of the licence shall not resume the performance of these duties until a qualified medical practitioner has certified that he has recovered from the incapacity.

(3) A holder of a licence who obtains a medical certificate in accordance with sub-rule (2) shall forward the certificate to the Director-General immedi ately after its receipt by him.

65.-(1) An applicant for a licence or rating under this Part shall, before the licence is granted to him or the rating is endorsed on his licence-

(a) pass such examination; and

(b) produce such evidence of his aeronautical experience, applicable to the licence or rating sought as the Director-General may by notification in Air Navigation Orders, direct.

(2) In specifying the requirements for examinations appropriate to radio operator licences, the Director-General shall take into account the provisions of Article 24 of the Radio Rules annexed to the International Telecommunica tion Convention signed at Buenos Aires on the twenty-second day of December 1952, in so far as they relate to air navigation.

66.-(1) A pilot licence shall be valid only for the types and categories of aircraft which the applicant has produced satisfactory evidence of his ability to fly.

(2) The types and categories of aircraft for which a licence is valid shall be specified by endorsement in the licence.

(3) The holder of a pilot licence in respect of any particular type of aircraft may apply to have any other type or category of aircraft endorsed in his licence.

(4) The Director-General may, subject to such conditions as he may consider necessary in the interest of safety, authorise a pilot to act as pilot or pilot in command of an aircraft of a type or category which is not endorsed in his licence-

(a) for the purposes of testing the aircraft; or

(b) where he has qualified for the endorsement but his licence has rot yet been endorsed.

(5) The endorsement of an additional type of category of aircraft in a pilot licence shall be conditional upon the applicant passing such examinations pertaining to the operation of the particular type or category as the Director -General may consider necessary in the interest of the safety of air navigation.

67.-(1) A flight radiotelephone operator licence and a flight radio telegraph operator licence shall be valid only for the types and categories of aircraft and the type of radio equipment endorsed in the licence.

(2) The holder of a flight radiotelegraph operator licence or a flight radiotelegraph operator licence may apply to have an additional type or category of aircraft or an additional type of radio equipment endorsed in his licence.

(3) The endorsement of an additional type or category of aircraft or of an additional type of radio-equipment in a flight radiotelephone operator licence or a flight radiotelegraph operator licence shall be conditional upon the applicant passing such practical tests pertaining to the operation of the particular type of equipment as the Director-General may consider necessary in the interest of the safety of air navigation.

  1. An applicant for the renewal of a licence or a rating under this Part shall-

(a) submit his licence, together with an application for the renewal, completed by him in accordance with the approved form;

(b) furnish such information as the Director-General may require with regard to the applicant's recent experience in the capacity in which he seeks renewal of the licence or rating; and

(c) in the case of an application for the renewal of an agricultural, rating-pass such examinations applicable to the rating as the Director- General by Air Navigation Orders, direct.

  1. The holder of a licence or rating under this Part shall not fly unless he complies with such requirements relating to recent experience appropriate to his licence or rating as the Director-General may consider necessary in the interest of the safety of air navigation and specified in Air Navigation Orders.

70.-(1) Unless authorized in pursuance of sub-rule (2), the bolder of a private pilot licence shall not fly as a flight crew member more than-

(a) one thousand hours in any period of twelve consecutive months;

(b) three hundred hours in any period of ninety consecutive days;

(c) one hundred hours in any period of thirty consecutive days;

(d) thirty hours in any period of seven consecutive days; or

(e) eight hours in any period of twenty-four consecutive hours.

(2) Where-

(a) proper test facilities are available in the aircraft and the composition of the flight crew of the aircraft is such as will allow relief from duty during flight ;

(b) a rostering system for flight crew members and amenities available on the ground for those members so warrant; or

(c) the safety or succour of person or aircraft is involved,

the Director-General may authorize the holder of a private pilot licence to fly such hours in excess of these specified in clauses (b), (c), (d) and (e) of sub -rule (i) as he may consider may be flown with safety subject to such condi tions as he may specify.

(3) The Director-General may issue directions with respect to the rest periods to be granted to the holder of a private pilot licence.

  1. The Director-General may issue directions with respect to the circumstances in which a person who is the holder of a licence under this Part other than a private pilot licence, shall not act in any capacity as a member of the flight crew of an aircraft or perform any other duties associated with his employment or in which an operator shall not require such a person to act in any capacity as a member of the Right crew of an aircraft or perform any other duties associated with his employment, and, in particular, with respect to -

(a) the number of hours that may be flown by such a person in any period as a member of the flight crew of an aircraft;

(b) the periods of tours of duty by such a person;

(c) the periods of reserve time for such a person; and

(d) the rest periods to be granted to such a person. '

  1. Whenever the Director-General considers it necessary in the interest of the safety of air navigation for the holder of a licence under this Part to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating or other endorsement on the licence is held, he may require the holder of the licence to undergo a medical or other examination.

73.-(1) Where any person who is the holder of a valid licence or certificate issued by the competent authority in any other country satisfied the Director-General that he has complied with the minimum conditions required under the Convention, the Director-General may grant a licence or certificate appropriate to the qualifications and experience of the person, subject to such conditions and limitations and for such period as he .may from time to time specify, or confer on the person's licence or certificate the same validity for the purpose of acting as a member of the flight crew of a registered aircraft or operating aircraft radio apparatus in Pakistan territory, as if it had been granted under these rules.

(2) Notwithstanding sub-rule (1) the Director-General may refuse to recognize for the purpose of flight within Pakistan territory, or for the purpose of operating aircraft radio apparatus in Pakistan territory, a licence or certifi cate issued to a Pakistan citizen by the competent authority in any other country.

PART VI--FLYING SCHOOLS AND TRAINING ORGANIZATIONS

74.-(1) A school or organization for the purpose of imparting practical instruction in the air in subjects in which a candidate is required to qualify for the grant of a licence or the endorsement of a rating on a licence under Part V shall not be established or conducted except under the authority of, and in accordance with, a licence granted by the Director-General.

(2) The Director-General may grant a flying school licence to an applicant who satisfies the Director-General that he has the equipment and personnel necessary to impart satisfactorily the class of instruction proposed.

(3) The syllabus, sequence of instruction and methods of training used in a licensed flying school shall be in accordance with the directions of the Director-General having regard to the standards required to be achieved by trainees to enable them to pass the examinations appropriate to each operating crew licence or rating.

(4) A class rating denoting the class of instruction that the holder of the licence is permitted to give shall be endorsed on each licence granted under this rule.

(5) An applicant for a flying school licence shall furnish such information in relation to the proposed flying school or organization as the Director-General may require.

(6) Subject to these rules, a flying school licence shall remain in force for such period, not exceeding one year after the date of issue, as is specified in the licence, and may be renewed from time to time by the Director-General for a further period not exceeding one year.

(7) Subject to these rules, a rating endorsed on a flying school licence under sub-rule (4) shall remain in force for the period for which the flying school licence remains in force including the period of any renewal of the licence.

(8) The Director-General may with the prior approval of the Federal Government cancel Flying School Licence or suspend such a licence for such period as he may think fit, if-

(a) the holder of the licence has contravened, or failed to comply with, any provision of the Act or these Rules;

(b) be ceases to be satisfied that the holder of the licence has the equipment and personnel necessary to impart satisfactorily the class of instruction permitted to be given under the licence; or

(c) he is satisfied that it is necessary in the interest of the safety of air craft or persons on board an aircraft of public safety to cancel or suspend the licence, as the case may be.

  1. A person shall not give to a student practical instruction in the piloting of an aircraft unless-

(a) that person is-

(i) the holder of pilot licence endorsed with a flight instructor/(assistant] flight instructor rating in accordance with Part V; or

(ii) in the case of practical flight instruction in the piloting of an aircraft in agricultural operations-authorized by the Director-General to give such instruction;

(b) that person is, or instructs in association with, the bolder of a flying school licence ; and

(c) the student has received, or is receiving, ground instruction in accordance with such direction as the Director-General may issue.

76.-(1) The Director-General may grant a ground instruction licence to any person whose qualifications the Director-General is satisfied render him competent to give instruction in any of the theoretical subjects required to be passed by an applicant for any class of pilot, navigator radio operator or flight engineer licence, and each subject in which the holder of the licence is authorized to instruct shall be endorsed on the licence in such manner as the Director-General may direct.

(2) Subject to these rules, a ground instructor licence shall remain in force for such period after the date of issue as is specified in the licence, and may be renewed by the Director-General from time to time for further periods.

(3) A person shall not act as a ground instructor in any subject at a licensed flying school unless he is an approved person, approved for that particular purpose, or is the holder of a ground instructor licence authorized by endorsement on the licence in that particular subject.

PART VII-PERSONAL LOG BOORS AND NAVIGATION LOGS

77.-(1) Each member of the operating crew of an aircraft hereafter in this Part referred to as member, shall keep a personal log book.

(2) A personal log book shall contain the following particulars, namely :-

(a) full name, address and date of birth of the member;

(b) class, number and the renewal date of the licence of the member in force under Part V of these rules;

(c) any other licences or ratings held by the member under these rules;

(d) the past service of the member as such member; and

(e) a record of flights of the member.

78.-(1) The pilot in command of an aircraft shall keep a log of such navigational data as is required to enable him to determine the geographical position of the aircraft at any time while the aircraft is in flight.

(2) The log shall be kept in chronological order and, in the case of a registered aircraft engaged on an international flight, shall include the follow ing information, namely :-

(a) points of departure and destination;

(b) required track;

(c) wind velocity used for calculations;

(d) headings flown;

(e) true airspeed;

(f) position lines, fixes and pinpoints obtained;

(g) times of alteration of headings;

(h) estimated times of arrival at turning points and destination; and

(i) such other information relevant to the navigation of the aircraft as the Director-General may direct.

  1. A log book or log kept under this Part shall be kept in accordance with such form, and in such manner, as the Director-General may direct.

  2. The Director-General may give directions specifying the period during which a log or log-book kept under this Part is to be retained by the person keeping it.

  3. A direction given under this Part 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.

PART VIII-RADIO SYSTEMS FOR USE IN, OR IN CONNECTION WITH AIRCRAFT

82.-(1) A registered aircraft engaged in a regular service, and such other registered aircraft as the Director-General shall be equipped with such radio system as the Director-General approve for the purpose.

(2) In approving a radio system for the purpose of sub-rule (1) the Director-General shall have regard to-

(a) the suitability and efficiency of the system for use in conjunction with the air route and airway facilities provided in pursuance, of Part IX of these rules; and

(b) in the case of a system installed, or to be installed ,in an aircraft engaged in international air navigation-the suitability and efficiency of the system in the conditions in which it is likely to be used.

(3) The Director-General may, subject to such conditions as she considers necessary, and in consultation with the Federal Government, exempt an aircraft (other than an aircraft engaged in an international public transport service) from any requirement of this regulation.

83.-(1) The pilot in command of a registered aircraft in which a radio system is installed (other than an aircraft that is in a country other than Pakistan)-

(a) shall not use, or permit the use of, the radio system except in accor dance with the directions of the Director-General;

(b) shall not operate the radio system while the aircraft is in flight unless he is holder of a flight radio operator's licence issued under Part V that is applicable to the radio system;

(c) shall not permit the operation of the radio system while the aircraft is in flight except by a person who is the holder of a licence of a kind referred to in clause (b);

(d) shall not operate the radio system while the aircraft is on the ground unless he is the holder of a radio operator's certificate or licence issued under Part V of these rules or under the Telegraph Act, 1885 (XIII of 1885); and

(e) shall not permit the operation of the radio system while the aircraft is on the ground except by a person who is the holder of a certificate or licence of a kind referred to in clause (d).

(2) The owner of a radio system used in connection with aircraft but not installed in an aircraft-

(a) shall not operate the radio system unless he is the holder of a certificate or licence of a kind referred to in clause (d) of sub-rule (1) that is applicable to the radio system; and

(b) shall not permit the operation of the radio system except by a person who is the holder of a certificate or licence of a kind referred to in clause (a).

(3) A person shall not operate a radio system installed in an aircraft or used in connection with aircraft unless-

(a) if the radio system is installed in an aircraft and the aircraft is in flight-he is the holder of a licence referred to in clause (b) of sub-rule (1) that is applicable to the radio system;

(b) in any other case-he is the holder of a certificate or licence referred to in clause (d) of sub-rule (1) that is applicable to the radio system.

(4) The pilot in command of a registered aircraft in which a radio system is installed and which is in a country other than Pakistan shall not use, or permit the use, of the radio system except in accordance with the law of that country.

  1. The Plot in command of a foreign aircraft in which a radio system is installed and which is in Pakistan territory--

(a) shall not use, or permit the use of, the radio system unless there is in force a licence to install and operate the radio system issued by the appropriate authority of the country in which the aircraft is registered;

(b) shall not operate the radio system unless he is the holder of an appropriate Licence issued by the appropriate authority of the country in which the aircraft is registered; and

(c) shall not permit the operation of the radio system except by a person who is the Bolder of a licence of a kind referred to in clause (b).

  1. A. direction given under this Part 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.

PART IX-AERODROMES AND FACILITIES AND SERVICES

SECTION 1- AERODROMES AIR ROUTES AND AIRWAYS

  1. (1) The Federal Government may-

(a) establish, provide, maintain and operate aerodrome and air route and airway facilities;

(b) alter, abolish, remove or add to any aerodrome, air route or airway facilities so established or provided; and

(c) vary the character of any air route or airway facilities so established for provided, or of the signals or assistance given thereby.

(2) Aerodromes and air route and airway facilities established or provided in pursuance of this rule shall be under the control and management of the Director-General who ay, subject to these rules, determine the conditions of the use thereof.

(3) The Federal Government may determine whether any aerodrome established in pursuance f this rule shall be open to public use.

  1. The Director-General may with the prior approval of the Federal Government, designate it routes and airways and may determine the conditions of the use thereof, and shall publish any such determination in Aeronautical Information Publications.

88.-(1) Upon application by the proprietor of any place, the Director- General may issue to him an aerodrome licence authorizing the use of the play as an aerodrome.

(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 engaged in international air navigation or air navigation within a territory shall be determined by the Federal Government on the recommendation of the Director-General.

(5) The proprietor of an aerodrome licensed under this rule shall not enlarge, reduce or in any other manner alter the movement area of the aerodrome without the permission in writing of the Director-General.

  1. Subject to these rules, the Director-General may, by specific or general description, authorize the use of any place as an aerodrome for the purpose of the landing and taking-off of such types of aircraft, engaged in such classes of operations and subject to such conditions as the Director- General may specify in the instrument of authorization.

  2. Notwithstanding anything contained in this Part, all aircraft belong ing to or employed in the service of the Federal Government shall have access, at all times, to any licensed aerodrome.

91.-(1) Aerodromes established or licensed under this Part and open to public use shall be open to any aircraft which possesses the nationality of a Contracting State.

(2) Subject to these rules, an aircraft which possesses the nationality of a Contracting State shall be entitled to use the aerodrome and all air navi gation facilities, including radio and meteorological services, which are provided for public use for the safety and expedition of air navigation.

92.-(1) An aircraft shall not land at, or take-off from, any place unless-

(a) the place is ad aerodrome established under this Part;

(b) the use of the place as an aerodrome is authorized by a licence granted under rule 88; or

(c) the use of the place as an aerodrome is authorized by the Director-General under rule 89 and-

(e) the aircraft is of a type of aircraft authorized under that rule to land and take-off from the place;

(ii) the aircraft is engaged in operations included in a class of operation specified by the Director-General in the instrument of authorization under the rule that relates to the place; and

(iii) any conditions specified in that instrument of authorization are complied with.

(2) The Director-General may, in relation to any aerodrome, air route or airway facility, air route or airway licensed, authorized, established or de signated under this part; issue such directions as he may consider necessary to ensure the safety of aircraft and compliance with the standards, recommend ed practices and procedures adopted from time to time in pursuance of the Convention.

  1. Nothing in these rules 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.

94.-(1) Whenever any light is exhibited at or in the neighbourhood of an aerodrome, or in the neighbourhood of an air route or airway facility on an air route or airway, and the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, the lights or signals prescribed in Part XII or of air route or airway facilities in pursuance of this Part, the Federal Government may authorize a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or persons within a reasonable time to be specified in the notice, to extinguish or to screen effectually the light and to refrain from exhibiting any similar light in the future.

(2) A notice under this rule may be served personally or may be served by post at the last-known place of abode or last-known place or business of the person on whom it is served or at the address of the place where the light is exhibited.

(3) If any owner or person on whom a notice is served under this rule fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of an offence.

(4) If any owner or person on whom a notice under this rule is served fails, within the time specified in the notice, to extinguish or to screen effectually the light mentioned in the notice, the Federal Government may authorize an officer, with such assistance as he may require, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by him in so doing from owner or person on whom the notice has been served.

SECTION 2.-OBSTRUCTION CLEARING AND MARKING

95.-(1) Whenever any object which is located on or within the defined limits of and aerodrome open to public use by aircraft engaged in international air navigation or air navigation within Pakistan and which projects above the surfaces specified in sub-rule (5) constitutes an obstruction or a potential hazard to aircraft moving in the navigable air space in the vicinity of an aerodrome, the Federal Government may authorize a notice to be served upon the owner of the property in which tile object is located directing the owner, within such reasonable time as is specified in the notice-

(a) to remove the object or such portion of it specified in the notice as is practicable and necessary; or

(b) to install and operate lights on the object and mark it in accordance with the requirements of the Convention.

(2) The notice may be served either personally or by post or by affixing it in some conspicuous place near the object to which the notice relates.

(3) If a person upon whom a notice is served in pursuance of this rule fails to comply with the directions contained in the notice he shall be guilty of an offence and the Federal Government may authorize an officer, with such assistance as he may require, to enter the place where the object is and to carry out the directions contained in the notice.

(4) All reasonable expenses and the amount of any actual loss or damage incurred and suffered by any person in complying with the direction contained in a notice served upon him in pursuance of this rule may be recovered from the Federal Government.

(5) For the purposes of this rule, "the defined limits" of an aerodrome means,-

(a) the area enclosed by the perimetre of the surface forty-five metres above the elevation of the nearest limit of the landing area and extending horizontally outward for a distance of 3,000 metres;

(b) the surface extending outward from the end of a landing strip having the following dimensions and slopes :-

(i) in the case of an aerodrome open only to aircraft making non-instrument approaches-the width of the landing strip at the landing strip end; a width 750, metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 40 rising outward from the end of the landing strip ; or

(ii) in the case of an aerodrome open to aircraft making instrument approaches-the width of the landing strip at the landing strip end, a width of 1,200 metres at a point 3,0)0 metres outward from the end of the landing strip and a slope of 1 in 50 rising outward from the end of the landing strip;

(c) the surface sloping upwards and outwards from the edge of the surface specified in clause (b) to the intersection with the surface specified in clause (a) and having a slope of 1 in 7; and

(d) the surface sloping upwards and outwards from the boundary of the landing area to the intersection with the surface specified in clause (a) and having a slope of 1 in 7.

(6) The Federal Government may by notification with official Gazette, exempt such aerodrome as it may deem fit from the operation of this rule.

SECTION 3-MEASURES TO AVOID ATTRACTION OF BIRDS

96.-(1) Where the Director-General is satisfied that the presence of waste foodstuffs tannery, slaughter house, cattleyard, fish drying area, refuse dump or any like place within the vicinity of an aerodrome constitutes or may constitute such an attraction to birds as to create a hazard or a potential hazard to aircraft using that aerodrome or flying in the vicinity of that aerodrome, the Director-General may, by notice in the Gazette, declare that area to be an area of land to which this rule applies.

(2) A person shall not leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this rule applies.

(3) 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.

(4) A notice under sub-rule (3) may be served personally or by post.

(5) A person shall not fail to comply with the requirements of a notice served on him under sub-rule (3).

(6) Whoever contravenes the provisions of this rule shall be punishable with imprisonment for a term which may extend to six months or with fine not exceeding ten thousand rupees.

(7) If a person on whom a notice under sub-rule (3) is served 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.

SECTION 4-AIR TRAFFIC CONTROL

  1. The Federal Government may establish, maintain and operate a service to be known as "Air Traffic Control".

98.-(1) The functions of the Air Traffic Control shall be-

(a) the prevention of collisions between aircraft and on the manoeuvring area, between aircraft and obstructions;

(b) expediting and maintaining an orderly flow of air traffic;

(c) the provision of such advice and information as may be useful for the safe and efficient conduct of flights;

(d) the control of the initiation, continuation, diversion or termination of flight in order to ensure the safety of aircraft operation; and

(e) notifying appropriate organizations regarding aircraft known to be or believed to be in need of search and rescue aid and assisting those organizations as required.

(2) The Director-General may, by means of Air Navigation Orders, Aerodrome Information Publications or Notice to Airmen as the case may require, give such instructions arid directions on matters within the functions of Air Traffic Control as he may consider necessary.

99.-(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 a control area or a control zone;

(c) an airspace in respect of which flight information and altering services are available as a flight information region; and

(d) an airspace in respect of which operational control service is provided as an operational control area.

(2) Where the Director-General designates an aerodrome or an airspace under sub-rule (1), he shall cause a notification of the designation, includ ing details of the boundaries of the airspace, to be published in the Aero nautical Information Publications or, where the designation is of temporary nature, in Notices to Airmen.

100.(1) An aircraft shall comply with Air Traffic Control instructions.

(2) Subject to sub-rule (3) and unless otherwise authorized by the appro priate Air Traffic Control Unit or by the Director-General by publication in the aeronautical information publications or by information in Notices to Airmen an aircraft shall not-

(a) enter, operate in, or leave a control area;

(b) operate outside a control area as a result of a control area in accordance with Air Traffic Control instruction; or

(c) enter, operate in, or leave a control zone or operate at a controlled aerodrome, except in accordance with an air tragic control clearance in respect of the aircraft.

(3) If an emergency arises that, in the interests of safety, necessitates a deviation from the requirements of an Air Traffic Control clearance or Air Traffic Control instructions, the pilot in command may make such deviation as is necessary but shall forthwith inform the Air Traffic Control of the deviation.

(4) The pilot in command of an aircraft is responsible for compliance with air traffic control clearances and air traffic control instructions.

  1. An aircraft operating in a control zone or at a controlled aero drome shall not be required to comply with the provisions of clause (c) of sub-rule (2) of rule 100 during any period in which Air Traffic Control is not in operation in respect of that control zone or controlled aerodrome.

102.-(1) A person shall not act in any capacity in Air Traffic Control unless-

(a) he is authorized in writing by the Director-General to act in that particular capacity; or

(b) he holds a licence granted or rendered valid under this section and that licence is endorsed with the rating prescribed by rule 103 as appropriate for a person acting in that particular capacity.

(2) The Director-General may grant and endorse licence for the purpose of this section and shall specify in each licence the period for which, subject to these rules it shall remain in force.

(3) A licence granted, and a rating endorsed on a licence, under this rule shall be deemed to be subject to such conditions as the Director-General may consider necessary in the interests of the safety of aircraft and persons on board aircraft and public safety and notifies those conditions in Air Navigation Orders.

  1. The classes of ratings that may be endorsed on Air Traffic Controller licences are as follows :-

(a) aerodrome control rating, being a rating authorizing holder of the rating to provide, or supervise the provision of, such aerodrome control services as are specified in the rating;

(b) approach control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such approach control services, for such aerodromes, as are specified in the rating;

(c) area control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such area control services, for such aerodromes, as are specified in the rating;

(d) operational control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such operational control services, in such areas as are specified in the rating;

(e) radar rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such radar services, in such area as are specified in the rating; and

(f) search and rescue rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such search and rescue services as are specified in the rating.

  1. A person is not eligible to be granted an Air Traffic Controller licence unless-

(a) he has attained the age of twenty-one years;

(b) having submitted himself to a medical examination conducted by an approved medical examiner and having at the time of that medical examination furnished, or authorized the furnishing of, his medical history, he satisfies the Director-General that he meets the medical standards that the Director- General may require and notify in Air Navigation Orders; and

(c) he has passed such examinations, and has produced evidence of such practical experience in relation to the licence or rating sought, as the Director-General may require and notify in Air Navigation Orders.

  1. Where a person, being

(a) the holder of an Air Traffic Controller licence; or

(b) a person referred to in clause (a) of sub-rule (1) of rule 102, suffers an incapacity resulting from illness or injury (even if only a temporary inca pacity resulting from a common minor ailment) that is likely to impair his efficiency in performing the duties that he is licensed or authorized to perform, he shall not, during the period of incapacity, perform those duties.

  1. Subject to these rules, a rating endorsed on a licence under this section shall remain in force for the period for which the licence remains in force or for a period of twelve months, whichever is less.

  2. Whenever the Director-General considers it necessary in the interests of the safety of air navigation for the holder of an Air Traffic Controller licence to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, the Director-General may require the holder of the licence to undergo a medical or other examination.

  3. Where the holder of a licence, issued by the competent authority of a country other than Pakistan, that is similar to an Air Traffic Controller licence satisfies the Director-General that he has complied with the minimum conditions required under the Convention, the Director-General may grant an Air Traffic Controller licence subject to such conditions and limitations, and for such period, as he may think fit, or may confer on the first-mentioned licence the same validity for the purpose of the holder's acting as an Air Traffic Controller in Pakistan territory as if the licence had been granted under this section.

SECTION 5-FLIGHT SERVICES

  1. The Director-General may establish, maintain and operate a service to be known as "Flight Service".

110.-(1) The functions of the Flight Service shall be-

(a) the provision of such advice and information as may be required for the safe and efficient conduct of flights; and

(b) notifying appropriate organizations regarding aircraft known to be or believed to be in need of search, and rescue aid and assisting those organizations as required.

(2) The Director-General may, by means of Air Navigation Orders, Aeronautical Information Publications or Notices to Airmen, as the case requires, give such instructions and directions on matters within the functions of the Flight Service as are necessary for the efficient performance of its functions.

111.-(1) The Director-General may designate airspace that is within the defined horizontal and vertical limits as a flight information region or an aerodrome flight information zone.

(2) Where the Director-General designates an airspace under sub-rule (1), he shall cause a notification of the designation, including details of the boundaries of the airspace, to be published in Aeronautical Information Publications or where the designation is of temporary nature, in Notices to Airmen.

112.-(1) A person shall not act in any capacity, in the Flight Service unless-

(b) he holds a licence granted or rendered valid under this section and that licence is endorsed with the rating prescribed by rule 113 as appropriate for a person acting in that particular capacity.

(2) The Director-General may grant and endorse licences for the purposes of this section and shall specify in each licence the period for which subject to these rules, it shall remain in force.

(3) A licence granted and a rating endorsed on a licence, under this rule shall be deemed to be subject to such conditions as the Director-General may consider necessary in the interests of the safety of aircraft and persons on board aircraft and public safety and notifies those conditions in Air Navigation Orders.

  1. The classes of ratings that may be endorsed on Flight Service officer licences are as follows :-

(a) flight information and alerting rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such flight information and alerting services, for such flight information regions as are specified in the rating; and

(b) aerodrome flight information and alerting, rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such aerodrome flight information and alerting services, for such aerodrome flight information zones, as are specified in the rating.

  1. A person is not eligible to be granted a Flight Service Officer licence unless-

(a) he has attained the age of twenty-one year;

(b) having submitted himself to a medical examination conducted by an approved medical practitioner and having at the time of that medical examination furnished, or authorized the furnishing of, his medical history, he establishes that he meets the medical standards that the Director-General may notify in Air Navigation Orders;

(c) he has passed such examination and has produced evidence of such practical experience in relation to the licence or rating sought, as the Director-General may notify in Air Navigation Orders.

  1. Where a person, being--

(a) the holder of a Flight Service officer licence; or

(b) a person referred to in clause (a) of sub-rule (1) of rule 112;

suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his efficiency in performing the duties that he is licensed or authorized to perform, he shall not, during the period of incapacity, perform those duties.

  1. Subject to these rules, a rating endorsed on a licence under this section shall remain in force for the period for which the licence remains in force or for a period of twelve months, whichever is less.

  2. The Director-General may, if it appears to be necessary in the interests of the safety of air navigation for the holder of a Flight Service officer licence to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, required the holder of the licence to undergo a medical or other examination.

  3. Where the holder of a licence, issued by the competent authority of a country other than Pakistan, that is similar to a Flight Service Officer licence satisfies the Director-General that he has complied with the minimum conditions required under the Convention, the Director-General may grant a Flight Service Officer licence subject to such conditions and limitations, and for such period, as he thinks fit, or may confer on the first mentioned licence the validity for the purpose of the holder's acting as a Flight Service Officer in Pakistan territory as if the licence had been granted under this Section.

SECTION 6-METEOROLOGICAL SERVICES

119.--(1) The Director-General shall make arrangements with the Director-General of Meteorology for the provision of meteorological information in such form 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), the Director-General may make such other arrangements as are necessary for that purpose.

  1. Weather [ * * * ] reports of actual or forecasted meteoro logical 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.

SECTION 7-SEARCH AND RESCUE SERVICE

  1. The Federal Government may make arrangement for the establish ment, 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.

  2. A search and rescue organization established in pursuance of rule 121 shall be operated in accordance with the requirements of the Convention.

  3. The Director-General may requisition aircraft, water-craft or land vehicles and may engage persons to operate those crafts or vehicles for the purpose of search and rescue operations in connection with search for a missing aircraft of rescue of its crew and passengers.

124.-(1) The amount of any loss, whether of revenue or otherwise, suffered and of any expense incurred by the owner of an aircraft, water-craft or land vehicle requisitioned in pursuance of this rule may be recovered from the Director-General;

(2) A person engaged in pursuance of this rule may recover from the Director-General reasonable remuneration and the amount of any expenses incurred by him.

SECTION 8.-FIRE FIGHTING AND RESCUE SERVICES

  1. The Federal Government may establish, maintain and operate a, Fire Fighting and Rescue Service.

  2. A Fire Fighting and Rescue Service established and maintained under rule 125 is responsible for all operations in connection with-

(a) the rescuing of persons and property from an aircraft that has crashed, has caught on 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 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.

127.-(1) The Officer-in-Charge of a Fire Fighting and Rescue Service shall take charge of any operation for which the service is responsible under rule 126.

(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) may 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) may take such measures as he thinks proper for the purpose of carrying out the operation.

(3) Without prejudice to the generality of 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 any 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;

(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 person or property; and

(k) direct or authorize 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 act or thing that the officer-in-charge is under this 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), (h), (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.

  1. Where damage is caused, whether directly or indirectly, to property by reason of the exercise of a power under rule 127 in relation to a fire, the damage shall, for the purposes of any policy of insurance against first 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 9-FARES, FREIGHTS, TIME TABLES AND STATISTICAL RETURNS

129.-(1) The owner of an aircraft engaged in 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 Federal Government in pursuance of rule 86 shall, in respect of each such service, furnish to the Director-General 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, 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 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 Federal Government in pursuance of rule 86-

(a) refuses, or fails within such reasonable time as is fixed by the Federal Government and notified to the owner 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,

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 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 XIII 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.

130.-(1) The holder of a licence to operate an international air service 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 (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.

(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 licence holder, 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-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 Civil Aviation Organisation or of the International Air Transport Association that has been approved by the Federal Government and is relevant to the matter.

(9) A holder of a licence 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) A holder of a licence 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.

(11) A holder of a licence 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) A bolder of a licence 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) A holder of a licence 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) A holder of a licence 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) 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) A holder of a licence 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 directed 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.

(16) A holder of a lience 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 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 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 a 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 person authorised by him in writing in this behalf may-

(a) at all reasonable times enter into premises referred to 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

and (d) authorized person to the person apparently in charge of the premises ;

(e) 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 authorization.

(19) A person shall not, without reasonable excuse-

(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) infor mation that is false or misleading in a material particular.

(20) Any breach of this rule shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding ten thousand rupees, or with both.

(21) In this rule :-

(i) 'cargo' includes mail ;

(ii) 'condition' includes a condition relating to-

(a) time and duration of travel ;

(b) type and kind of conveyance ;

(c) class of travel ;

(d) standard and kind of accommodation ;

(e) stop-overs ;

(f) flight changes by passengers or charge ; or

(g) individual or group travel ;

(iii) 'licence' means a licence granted under section 1 [or 2] of Part XIII of these rules, [which term shall include 'air transport operating permit' granted to a foreign operator.]

131.-(1) Where persons or cargo are carried partly by an international air service licensed under these rules 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 adoptions of a tariff or charges for the carriage of persons and cargo between Pakistan territory and any other place in accordance with rule 130, the Director-General may fix and declare a different tariff, of 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 person or cargo between a place in Pakistan territory and any other place has been fixed and declared under this rule the holder of a licence to operate 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 licence holder and partly by other air or surface transport enterprises, between the places in respect of which the tariff of charges which is less than the charge which has been so fixed and declared.

(4) Where a tariff of charge 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 holder of a licence to operate an international air service and partly by 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 sub-rule (3) shall be punishable with fine-

(a) of one thousand rupees in respect of each passenger ; and

(b) of thrice the value of the cargo in respect of which offence has been committed, but the total fine shall not exceed four thousand rupees.

132.-(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 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-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 the 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 disappoves 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.

133.-(1) The owner of any aircraft shall furnish to the Director-General or to an authorized officer, such statistical returns or other information relating to the aircraft and the crew thereof, the nails, 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) An airline, or the owner of an aircraft engaged in a public transport service, which or who uses any aerodrome or an air route or airway facility maintained and operated by the Federal Government in pursuance of rule 86, shall furnish to the Director-General, or to an authorized officer 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.

(3) The Director-General or any other person shall not divulge or com municate any information furnished in pursuance of sub-rule (2) which discloses particulars of the business or financial dealings or position of any person or organization 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) in 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 operation.

SECTION 1-GENERAL

  1. No person shall use or operate or assist in using or operating an aircraft save in accordance with these rules.

  2. (1) Subject to sub-rule (2) and rule 136, a registered aircraft shall not commence a flight unless-

(a) it has a nationality mark and a registration mark painted on, or axed to, it in accordance with Part III of these rules;

(b) there is in force in respect of it a certificate of airworthiness issued under rule 24;

(c) there is in force in respect of it a maintenance release issued by virtue of clause (a) of sub-rule (7) of rule 43 covering the period of the flight and the flight is not in contravention of any condition that-

(i) is set out or referred to in the maintenance release or in any other document approved for use as an alternative to the maintenance release for the purpose of rule 49, or sub-rule (10) of rule 43; or

(ii) is applicable to the maintenance release by virtue of a direction given under rule 44;

(d) any maintenance that is required to be carried out before the com mencement of the flight, or that will be required to be carried out before the expiration of the flight in compliance with any requirement or condition imposed under these rules with respect to the aircraft has been certified, in accordance with a system of certification instituted under rule 34 or in a manner acceptable to the Director-General for the purposes of sub-rule (3) of rule 41, to have been completed; and

(e) it complies with rules in respect of the number and description of, and the holding of licences and ratings by, the operating crew.

(2) Clause (d) of sub-rule (1) does not apply in relation to-

(a) any maintenance that was required to be carried out before-

(i) the issue of the maintenance release in force, or the last maintenance release that was in force in respect of the aircraft; or

(ii) if that maintenance release was not a maintenance release issued by virtue of clause (a) of sub-rule (7) of rule 43 the issue of the last maintenance release in respect of the aircraft issued by virtue of that clause; or

(b) any approved maintenance carried out by the pilot in command of the aircraft or the flight engineer.

(3) Subject to these rules, an aircraft not registered under these rules shall not fly within Pakistan territory.

136.- (1) The Director-General or an authorized person may, on the application of a person, give permission to fly an aircraft for the purpose of --

(a) delivering the aircraft to a, person under a contract of sale or with a view to sale;

(b) carrying out a demonstration, experiment or test in respect of the aircraft;

(c) bringing the aircraft to a place where a demonstration, experiment or test with respect to the aircraft is to take place;

(d) bringing the aircraft to a place at which maintenance on the aircraft may be carried. out;

(e) assisting in searching for bringing to or rescuing persons in danger on a particular occasion; or

(f) assisting in dealing with a state of emergency.

(2) In giving permission for a flight under sub-rule (1) .the Director. General or an authorized person may give such directions with respect to the flight as he thinks necessary for tire purpose of ensuring the safety of air navigation.

(3) Where the Director-General or an authorised person gives permission for a Flight under sub-rule (1), he may direct that sub-rule (3) of rule 135, rule 141 and such other provisions of these rules as he may specify shall not apply in relation to the flight.

  1. An aircraft which possesses the nationality of a Contracting State shall not fly within, or depart from Pakistan territory unless it complies with the provisions of these rules which are applicable to such aircraft and with the requirements of the Convention in respect of-

(a) its nationality mark and registration mark ;

(b) its certificate of airworthiness ;

(c) the number and description of, and the holding of licences and ratings by, the operating crew ;

(d) the documents to be carried ;

(e) the flight and manoeuvre of aircraft ; and

(f ) the provision of radio apparatus.

  1. 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 be exempt from the provisions of these rules except to such extent as is specified in the invitation or permission.

  2. An aircraft capable of being flown without a pilot shall not be flown without a pilot within Pakistan territory except with the authorization in writing of the Director-General and in accordance with such conditions as the Director-General may specify in the instrument of authorization.

140.-(1) The Director-General may, for the purpose of these rules-

(a) approve a flight manual for an aircraft, and any subsequent alterations to that flight manual prepared by, or on behalf of the manufacturer, owner or operator of the aircraft ;

(b) authorize the manufacturer, owner or operator of an aircraft to issue a flight manual for the aircraft and to issue subsequent alterations to that flight manual ; or

(c) prepare and issue a flight manual for a registered aircraft and any subsequent alterations to that flight manual.

(2) A flight manual referred to in sub-rule (1) shall contain information and instructions relating to-

(a) the identification of the aircraft ;

(b) unless the Director-General otherwise approves, the operating procedure and the limitations of the aircraft ;

(c) the performance and loading of the aircraft ; and

(d) the date (if any) on which, or the period (if any) after which, the flight manual ceases to have effect.

(3) The Director-General may, for the purpose of ensuring the safety of air navigation, direct the owner or operator of a registered aircraft to make any alteration in the flight manual for the aircraft that is specified in the direction.

(4) The pilot in command of a registered aircraft shall comply with all the requirements, procedures and limitations with respect to the operating of the aircraft set out in the flight manual for the aircraft.

141.-(1) Subject to this rule and to rule 136 a registered aircraft shall, when flying, carry-

(a) its certificate of registration ;

(c) unless the Director-General otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purpose of a provision of these rules ;

(d) the licences of the operating crew ;

(e) the flight manual (if any) for the aircraft ;

(f) any licence in force with respect to the radio equipment is the aircraft ;

(g) if the aircraft is carrying passengers -a list of the names, places of embarkation and places of destination of the passengers ;

(h) if the aircraft is carrying cargo-the bills of lading and manifests with respect to the cargo ; and

(i) unless the Director-General otherwise approves, the records kept with respect to the aircraft under a direction under rule 54.

(2) An aircraft operating wholly within Pakistan territory is not required, when flying, to carry a document specified in clauses (a), (b), (f) or (g) of sub-rule (1).

(3) The Director-General may exempt an aircraft from the requirement of clause (e) of sub-rule (1) if he is satisfied that the aircraft carries an operations manual or placards or other documents that provide the pilot in command with all the data contained in the flight manual for aircraft.

142.-(1) No person in charge of any aircraft shall allow such aircraft to enter Pakistan from a place outside Pakistan unless all persons on board the aircraft are in possession of valid travel documents as required under the Passport Act, 1974 (XX of 1974), or the Pakistan (Control of Entry) Act, 1952 (LV of 1952).

(2) Where an aircraft is brought into Pakistan in contravention of sub -rule (1), any authority empowered by the Federal Government generally or specially in this behalf may direct the owner or the person in charge of the aircraft to take on board and remove from Pakistan or otherwise arrange for the immediate removal from Pakistan of the person or persons without valid travel documents and the owner, or as the case may be, the person in charge of the aircraft shall comply with such directions.

  1. A passenger on an aircraft arriving in, or departing from, Pakistan territory shall, on demand by an authorized person, produce his ticket for inspection by the authorized person.

144.-(1) The Director-General may, with the prior approval of the Federal Government, by notice in writing, declare an area of Pakistan territory, specified in the notice by reference to its boundaries, to be a prohibited area, a restricted area or a danger area, either without limitation as to time or for such period as is specified in the notice.

(2) The Director-General shall not, under sub-rule (1)-

(a) declare an area to be a prohibited area unless, in his opinion, it is necessary for reasons of military .necessity to prohibit the flight of aircraft over the area ;

(b) declare an area to be a restricted area unless, in his opinion, it is necessary in the interest of public safety to permit the flight of aircraft over the area only in accordance with specified conditions ; or

(c) declare an area to be a danger area unless, in his opinion, there exist within or over the area activities that constitute a potential danger to aircraft flying over it.

(3) Where the Director-General declares a prohibited area, a restricted area or a danger area under sub-rule (1) without limitation as to time, he shall publish notice of the declaration of the area, including details of its boundaries in Aeronautical Information Publications, or where the declaration is for a specified period, in the Notices to Airmen.

(4) A notice referred to in sub-rule (1) or (3) shall-

(a) in the case of a notice declaring a restricted area, specify the conditions in accordance with which the flight of aircraft over the area is permitted ; and

(b) in the case of a notice declaring a danger area, contain sufficient information as to the nature of the danger to enable the pilot in command or an aircraft to take adequate precautions.

(5) An aircraft shall not-

(a) fly over a prohibited area ; or

(b) fly over a restricted area except in accordance with the conditions specified in the notice declaring the area to be a restricted area.

(6) If the pilot in command of an aircraft finds that the aircraft is over a prohibited area or a restricted area in contravention of sub-rule (5), he shall-

(a) immediately have the aircraft flown to a p

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