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LEGAL NOTICE No. 173 REPUBLIC OF TRINIDAD AND TOBAGO THE CIVIL AVIATION ACT, CHAP. 49:03 REGULATIONS MADE BY THE TRINIDAD AND TOBAGO CIVIL AVIATION AUTHORITY WITH THE APPROVAL OF THE MINISTER UNDER SECTION 33 OF THE CIVIL AVIATION ACT AND SUBJECT TO NEGATIVE RESOLUTION OF PARLIAMENT THE CIVIL AVIATION [(NO. 2) OPERATIONS] (AMENDMENT) REGULATIONS, 2016 1. These Regulations may be cited as the Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016. 2. In these Regulations, “the Regulations” means the Civil Aviation [(No. 2) Operations] Regulations. 3. Regulation 2 of the Regulations is amended– (a) by inserting in the appropriate alphabeticl sequence the following definitions: “ “approach procedure with vertical guidance” or “APV” means a performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A; “combined vision system” or “CVS” means a system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS); “command and control link” means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight; “continuous descent final approach” means a technique, consistent with stabilized approach procedures, for flying the final approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude or height at or above the final approach fix altitude or height to a point approximately 15 meters (50 feet) above the landing runway threshold or the point where the flare manoeuvre should begin for the type of aircraft flown; Citation Legal Supplement Part B–Vol. 55, No. 132–16th November, 2016 793 Interpretation Chap. 49:03 Regulation 2 amended

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Page 1: L N REPUBLIC OF TRINIDAD AND TOBAGO T CIVIL ...ttparliament.org/documents/2523.pdfLEGAL NOTICE No. 173 REPUBLIC OF TRINIDAD AND TOBAGO THE CIVIL AVIATION ACT, CHAP.49:03 REGULATIONS

LEGAL NOTICE No. 173

REPUBLIC OF TRINIDAD AND TOBAGO

THE CIVIL AVIATION ACT, CHAP. 49:03

REGULATIONS

MADE BY THE TRINIDAD AND TOBAGO CIVIL AVIATION AUTHORITY WITH

THE APPROVAL OF THE MINISTER UNDER SECTION 33 OF THE

CIVIL AVIATION ACT AND SUBJECT TO NEGATIVE RESOLUTION OF

PARLIAMENT

THE CIVIL AVIATION [(NO. 2) OPERATIONS] (AMENDMENT)REGULATIONS, 2016

1. These Regulations may be cited as the Civil Aviation [(No. 2)Operations] (Amendment) Regulations, 2016.

2. In these Regulations, “the Regulations” means the Civil Aviation[(No. 2) Operations] Regulations.

3. Regulation 2 of the Regulations is amended–

(a) by inserting in the appropriate alphabeticl sequence thefollowing definitions:

“ “approach procedure with vertical guidance” or “APV”means a performance-based navigation (PBN)instrument approach procedure designed for 3Dinstrument approach operations Type A;

“combined vision system” or “CVS” means a system todisplay images from a combination of anenhanced vision system (EVS) and a syntheticvision system (SVS);

“command and control link” means the data linkbetween the remotely piloted aircraft and theremote pilot station for the purposes of managingthe flight;

“continuous descent final approach” means atechnique, consistent with stabilized approachprocedures, for flying the final approach segmentof a non-precision instrument approachprocedure as a continuous descent, withoutlevel-off, from an altitude or height at or abovethe final approach fix altitude or height to a pointapproximately 15 meters (50 feet) above thelanding runway threshold or the point where theflare manoeuvre should begin for the type ofaircraft flown;

Citation

Legal Supplement Part B–Vol. 55, No. 132–16th November, 2016 793

InterpretationChap. 49:03

Regulation 2amended

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“detect and avoid” means the capability to see, senseor detect conflicting traffic or other hazards andtake the appropriate action;

“electronic flight bag” or “EFB” means an electronicinformation system comprised of equipment andapplications for flight crew which allows forstoring, updating, displaying and processing ofEFB functions to support flight operations orduties;

“final approach segment” or “FAS” means thatsegment of an instrument approach procedure inwhich alignment and descent for landing areaccomplished;

“flight crew member” means a licensed crew membercharged with duties essential to the operation ofan aircraft during a flight duty period;

“instrument approach operations” means an approachand landing using instruments for navigationguidance based on an instrument approachprocedure that may be executed as follows:

(a) a two-dimensional or “2D” instrumentapproach operation, using lateralnavigation guidance only; or

(b) a three-dimensional or “3D” instrumentapproach operation, using both lateraland vertical navigation guidance;

“instrument approach procedures” or “IAP” means aseries of predetermined manoeuvres by referenceto flight instruments with specified protectionfrom obstacles from the initial approach fix, orwhere applicable, from the beginning of a definedarrival route to a point from which a landing canbe completed and thereafter, if a landing is notcompleted, to a position at which holding oren-route obstacle clearance criteria apply and areclassified as follows:

(a) “non-precision approach (NPA)procedure” which means an instrumentapproach procedure for 2D instrumentapproach operations Type A; and

794 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

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(b) “approach procedure with verticalguidance” or “APV” which means aperformance-based navigation (PBN)instrument approach procedure designedfor 3D instrument approach operationsType A; and

(c) “precision approach (PA) procedure”which means an instrument approachprocedure based on navigation systems(ILS, MLS, GLS and SBAS Cat I)designed for 3D instrument approachoperations Type A or B;

“non-precision approach” or “NPA” means aninstrument approach procedure designed for2D instrument approach operation Type A;

“pilot in command” means the pilot designated by theoperator, or in the case of general aviation, theowner, as being in command and charged withthe safe conduct of a flight;

“precision approach” or “PA” means an instrumentapproach procedure based on a navigation systemsuch as ILS, MLS, GLS, and SBAS Cat I,designed for 3D instrument approach operationsType A or B;

“remote pilot” means a person charged by the operatorwith duties essential to the operation of aremotely piloted aircraft and who manipulatesthe flight controls, as appropriate, during flighttime;

“remote pilot station” means the component of theremotely piloted aircraft system containing theequipment used to pilot the remotely pilotedaircraft;

“remotely piloted aircraft” or “RPA” means anunmanned aircraft which is piloted from aremote pilot station;

“remotely piloted aircraft system” or “RPAS” means aremotely piloted aircraft, its associated remotepilot station(s), the required command andcontrol links and any other components asspecified in the type design;

Civil Aviation [(No. 2) Operations] (Amendment) 795Regulations, 2016

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796 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

“remotely piloted aircraft observer” means a trainedand competent person designated by the operatorwho, by visual observation of the remotely pilotedaircraft, assists the remote pilot in the safeconduct of the flight;

“State of the Aerodrome” means the State in whoseterritory the aerodrome is located;

“synthetic vision system” or “SVS” means a system todisplay data-derived synthetic images or theexternal scene from the perspective of the flightdeck;

“visual line-of-sight” or “VLOS” operation” means anoperation in which the remote pilot or RPAobserver maintains direct unaided visual contactwith the remotely piloted aircraft;”;

(b) by deleting the definition for “accident” and substituting thefollowing definition:

“ “accident” means an occurrence associated with theoperation of an aircraft which, in the case of amanned aircraft, takes place between the timeany person boards the aircraft with the intentionof flight until such time as all such persons havedisembarked, or in the case of an unmannedaircraft, takes place between the time the aircraftis ready to move with the purpose of flight untilsuch time as it comes to rest at the end of theflight and the primary propulsion system is shutdown, in which–

(a) a person is fatally or seriously injured asa result of–

(i) being in the aircraft; or

(ii) direct contact with any part ofthe aircraft, including partswhich have become detachedfrom the aircraft; or

(iii) direct exposure to jet blast,except when the injuries are from naturalcauses, self-inflicted or inflicted by otherpersons, or when the injuries are tostowaways hiding outside the areasnormally available to the passengers andcrew;

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Civil Aviation [(No. 2) Operations] (Amendment) 797Regulations, 2016

(b) the aircraft sustains damage or structuralfailure which–

(i) adversely affects the structuralstrength, performance or flightcharacteristics of the aircraft;and

(ii) would normally require majorrepair or replacement of theaffected component,

except for engine failure or damage, whenthe damage is limited to a single engine,(including its cowlings or accessories), topropellers, wing tips, antennas, probes,vanes, tires, brakes, wheels, fairings,panels, landing gear doors, windscreens,the aircraft skin (such as small dents orpuncture holes), or for minor damages tomain rotor blades, tail rotor blades,landing gear, and those resulting fromhail or bird strike (including holes in theradome); or

(c) the aircraft is missing or is completelyinaccessible.”;

(c) by deleting the definition for “extended over-wateroperation” and substituting the following definition:

“ “extended over-water operation” means–(a) in the case of an aircraft other than a

helicopter, an operation over water at ahorizontal distance of more than fiftynautical miles from the nearest shoreline;and

(b) in the case of a helicopter, an operationover water at a horizontal distance morethan fifty nautical miles from the nearestshoreline and more than fifty nauticalmiles from an offshore heliportstructure;”;

(d) by deleting the definition for “flight time (helicopter)” andsubstituting the following definition:

“ “flight time (helicopter)” means the total time from themoment the rotor blades of a helicopter startturning until the moment the helicopter finallycomes to rest at the end of the flight, and therotor blades are stopped;”;

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(e) by deleting the definition for “decision altitude” or “decisionheight” and substituting the following definition:

“ “decision altitude” or “decision height” means aspecified altitude or height in a 3D instrumentapproach operation at which a missed approachmust be initiated if the required visual referenceto continue the approach has not beenestablished;”;

(f) by deleting the definition for “minimum decision altitude” or“minimum decision height” and substituting the followingdefinition:

“ “minimum decision altitude” or “minimum decisionheight” means a specified altitude or height in a2D instrument approach operation or circlingapproach operation below which descent mustnot be made without the required visualreference;”;

(g) by deleting paragraphs (b), (c) and (d) in the definition for“aerodrome operating minima” and substituting thefollowing paragraphs:

“(b) landing in 2D instrument approach operations,expressed in terms of visibility or runway visualrange, minimum descent altitude/height and,where necessary, cloud conditions; and

(c) landing in 3D instrument approach operations,expressed in terms of visibility, or runway visualrange and decision altitude/height as appropriateto the type or category of operation”; and

(h) in the definition for “dangerous goods”, by deleting thewords “significant risks to health, safety or property whentransported by air” and substituting the words “a risk tohealth, safety, property or the environment and which areshown in the list of dangerous goods in the TechnicalInstructions or which are classified according to thoseInstructions”.

4. Regulation 9 of the Regulations is amended by inserting aftersubregulation (1) the following subregulation:

“ (1A) An operator of an aircraft shall, subject to theapproval of the Authority, develop procedures to implementamendments to the Aircraft Flight Manual specified undersubregulation (1)(a).

798 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Regulation 9amended

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(1B) An operator shall not implement an amendment to theAircraft Flight Manual unless such amendment has beenaccepted or approved by the Authority.”.

5. The Regulations are amended by revoking regulations 12through 25 and substituting the following:

“PART 1A

SAFE TRANSPORT OF DANGEROUS GOODS BY AIR

Definitions

11A. In this Part–

“approval” means an authorization granted bythe Director General for–

(a) the transport of dangerous goodsforbidden on a passenger or cargoaircraft where the TechnicalInstructions state that such goodsmay be carried with an approval; or

(b) other purposes as provided by theTechnical Instructions;

“cargo aircraft” means an aircraft, other than apassenger aircraft, which is carrying goodsor property;

“COMAT” means operator material carried onboard an operator’s aircraft for theoperator’s own purposes;

“consignment” means one or more packages ofdangerous goods accepted by an operatorfrom one shipper at a time and at oneaddress, receipted for in one lot and movingto one consignee at one destination address;

“designated postal operator” means anygovernmental or non-governmental entityofficially designated by the Government ofTrinidad and Tobago to operate postalservices and to fulfil the related obligationsarising from the Universal PostalConvention;

“exception” means a provision in this Part whichexcludes specific items of dangerous goodsfrom the requirements normally applicableto that item;

Civil Aviation [(No. 2) Operations] (Amendment) 799Regulations, 2016

Regulations 12to 25 revokedandsubstituted

Definitions

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“exemption” means an authorization, other thanan approval, granted by the DirectorGeneral providing relief from the provisionsof the Technical Instructions;

“overpack” means an enclosure used by a singleshipper to contain one of more packagesand to form one handling unit forconvenience or handling and stowage;

“passenger aircraft” means an aircraft thatcarries any person other than a crewmember, an operator’s employee in anofficial capacity, an authorizedrepresentative of an appropriate nationalauthority or a person accompanying aconsignment or other cargo;

“State of Destination” means the State in theterritory of which the consignment is finallyto be unloaded from an aircraft;

“UN number” means the four-digit numberassigned by the United Nations Committeeof Experts on the Transport of DangerousGoods and on the Globally HarmonizedSystem of Classification and Labeling ofChemicals to identify an article or asubstance or a particular group of articlesor substances.

General Applicability

11B. (1) Regulations under this Part shall beapplicable to all international and domestic civil aircraftoperations within, to, from and above the territory ofTrinidad and Tobago.

(2) Where specifically provided for in theTechnical Instructions, the Director General may grantan approval provided that in such instances an overalllevel of safety in transport by air which is equivalent tothe level of safety provided for in the TechnicalInstructions is achieved.

(3) An operator shall not transport dangerousgoods by air except in compliance with the provision ofthe ICAO Technical Instructions for the safe transportof dangerous goods by air on all occasions, irrespectiveof whether the flight is wholly of partly, within orwholly outside the territory of Trinidad and Tobago.

800 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

GeneralApplicability

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(4) An operator shall not transport dangerousgoods by air outside the territory of Trinidad andTobago unless he has reviewed and complied with theappropriate variations noted by Contracting Statescontained in Attachment 3 of the Technical Instructions.

(5) All operators, shippers and designatedpostal operators shall take the necessary measures toachieve compliance with the detailed provisions of theTechnical Instructions and to all amendments whichmay be published during the specific period ofapplicability of an edition of the Technical Instructions.

Provision of Information to ICAO

11C. (1) The Director General shall inform ICAOthat the office designated in Trinidad and Tobago withthe responsibility for ensuring compliance withAnnex 18 and the Technical Instructions is the office ofthe Director General.

(2) Where Trinidad and Tobago or a nationaloperator in Trinidad and Tobago adopts differentprovision from those specified in the TechnicalInstructions, the Director General shall promptly notifyICAO of such variations for publications in theTechnical Instructions.

Exemption and Exception from the Technical Instructions

11D. (1) The Director General may grant anexemption from the provisions of the TechnicalInstructions provided that every effort is made toachieve an overall level of safety in air transport to thelevel of safety provided for in the Technical Instructions,in circumstances–

(a) of extreme urgency; or(b) where other forms of transport are

inappropriate; or

(c) when full compliance with the prescribedrequirements is contrary to public interest.

(2) The Director General may grant anexemption to an operator who wishes to transportdangerous goods by air over the territory of Trinidadand Tobago based solely on whether he believes that anequivalent level of safety in air transport has beenachieved, where none of the criteria is relevant.

Civil Aviation [(No. 2) Operations] (Amendment) 801Regulations, 2016

Provisions ofInformationto ICAO

ExemptionandExceptionfrom theTechnicalInstructions

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(3) Articles and substances which wouldotherwise be classed as dangerous goods for transportby air shall satisfy the provision of this Part except thefollowing articles and substances, where the articles andsubstances are:

(a) required to be aboard an aircraft inaccordance with pertinent airworthinessrequirements;

(b) required to be aboard an aircraft inaccordance with operating requirements;

(c) carried as catering or cabin service supplies;(d) for those specialized purposes identified in

the Technical Instructions;

(e) carried for use in flight for medical aid for apatient, provided that–

(i) gas cylinders have beenmanufactured specifically for thepurpose of containing andtransporting that particular gas;

(ii) drugs, medicines and other medicalmatters are under the control oftrained personnel during the timewhen they are in use on theaircraft; or

(iii) equipment containing wet cellbatteries is kept and, whennecessary secured, in an uprightposition to prevent spillage of theelectrolyte; and

(iv) proper provision is made to stowand secure all the equipmentduring take-off and landing and atall other times when deemednecessary by the pilot in commandin the interest of safety; or

(v) they are carried by passengers orcrew members.

(4) An operator shall not transport on anaircraft, articles and substances specified insubregulation (1)(a) and (b), intended as replacement orwhich have been removed following replacement exceptas specified in the Technical Instructions.

802 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

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(5) The provision of this Part shall not apply tospecific articles and substances carried by passengers orcrew members to the extent specified in the TechnicalInstructions.

Application by an Operator to TransportDangerous Goods by Air

11E. (1) A national operator shall not conduct airtransport operations in Trinidad and Tobago unless heholds Dangerous Goods Operations Specifications issuedby the Authority.

(2) A national operator shall submit anapplication for Dangerous Goods OperationsSpecifications accompanied by a programme for the safetransport of dangerous goods by air that is appropriateto his operations, in accordance with the requirementsof this Part and the Technical Instructions, to theAuthority for approval.

(3) The Director General may recommend theAuthority grant a Dangerous Goods OperationsSpecification to a national operator where–

(a) his programme for the safe transport ofdangerous goods meets the requirements ofthis Part and the Technical Instructions,appropriate to his operations; and

(b) he has successfully demonstrated hisorganization’s ability to carry out theprocedures of his programme for the safetransport of dangerous goods by air.

(4) A foreign operator applying for ForeignOperation Specifications under the Civil Aviation[(No. 10) Foreign Operator] Regulations, 2004 shallsubmit to the Authority for acceptance, his DangerousOperations Specification or equivalent approvaldocument from the State of the operator.

(5) The Director General may recommend theAuthority grant a foreign operator Dangerous GoodsOperations Specifications where he is satisfied that theForeign Operations Specifications issued by the State ofthe operator satisfies the requirements of this Part andthe Technical Instructions.

Civil Aviation [(No. 2) Operations] (Amendment) 803Regulations, 2016

Applicationby anOperator toTransportDangerousGoods by Air

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Operator’s Responsibilities for Safe Transportof Dangerous Goods by Air

11F. (1) An operator shall not accept dangerousgoods for transport by air–

(a) except in accordance with the conditions andlimitations of the specific provisions of theDangerous Goods Operations Specificationsissued by the Authority;

(b) unless the dangerous goods are accompaniedby a completed dangerous goods transportdocument, or where the TechnicalInstructions indicate that such a document isnot required; and

(c) unless the mail, package, overpack or freightcontainer containing the dangerous goodshas been inspected in accordance with theacceptance procedures contained in theTechnical Instructions.

(2) An operator shall develop and use anacceptance checklist as an aid to ensure compliancewith subregulation (1).

(3) An operator shall ensure that–

(a) mail, packages and overpacks containingdangerous goods; and

(b) freight containers containing radioactivematerials, are not loaded and stowed on anaircraft or into a unit load device unless–

(i) they have been inspected forevidence of leakage; and

(ii) loaded and stowed in accordancewith the provisions of the TechnicalInstructions.

(4) An operator shall ensure that a unit loaddevice is not loaded aboard an aircraft unless the unitload device has been inspected and found free from anyevidence of leakage from, or damage to, any dangerousgoods contained therein.

(5) An operator shall ensure that leaking ordamage mail, packages, overpacks or freight containersunder subregulation (3) are not loaded on an aircraft.

804 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Operator’sResponsibilitiesfor SafeTransport ofDangerousGoods by Air

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(6) An operator shall, where mail or a packagecontaining dangerous goods loaded on an aircraftappears to be damaged or leaking–

(a) remove such mail or package from theaircraft; or

(b) arrange for the removal of such mail orpackage by appropriate personnel; and

(c) thereafter ensure that the remainder of theconsignment is in a proper condition fortransport by air and that no other packagehas been contaminated.

(7) An operator shall inspect mail, packages oroverpacks containing dangerous goods and freightcontainers containing radioactive materials for signs ofdamage or leakage upon unloading from an aircraft orunit load device.

(8) Where evidence of damage or leakageis found during the inspection conducted insubregulation (7), an operator shall inspect the areawhere the dangerous goods or unit load device werestowed on the aircraft for damage or contamination.

(9) An operator shall ensure that dangerousgoods are not carried in an aircraft cabin occupied bypassengers or on the flight deck of an aircraft, except incircumstances permitted by the provisions of theTechnical Instructions.

(10) An operator shall ensure that anyhazardous contamination found on an aircraft as aresult of leakage or damage to dangerous goods isremoved without delay.

(11) Notwithstanding subregulation (1), wherean aircraft has been contaminated by radioactivematerial, an operator shall ensure that the aircraft isimmediately taken out of service and not returned toservice until the radiation at any accessible surface andthe non-fixed contamination are not more than thevalues specified in the Technical Instructions.

(12) An operator shall ensure that mail orpackages–

(a) containing dangerous goods which mightreact dangerously one with another are notstowed on an aircraft next to each other or ina position that would allow interactionbetween them in the event of a leak;

Civil Aviation [(No. 2) Operations] (Amendment) 805Regulations, 2016

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(b) of toxic and infectious substances are stowedon an aircraft in accordance with theprovisions of the Technical Instructions; or

(c) of radioactive materials are stowed on anaircraft so that they are separated frompersons, live animals and undeveloped film,in accordance with the provisions of theTechnical Instructions.

(13) Subject to the conditions of this regulation,when dangerous goods are loaded on an aircraft, anoperator shall ensure that the dangerous goods are–

(a) protected from being damaged;

(b) secured in the aircraft in such a manner toprevent movement in flight which change theorientation of the packages; and

(c) for mail and packages containing radioactivematerial, adequately secured to ensurethe separation requirements of sub-regulation (12)(c).

(14) An operator shall ensure that mail andpackages of dangerous goods bearing the “Cargo aircraftonly” label are–

(a) not loaded onto an aircraft carryingpassengers; and

(b) loaded in accordance with the provision ofthe Technical Instructions.

Limitation on the Transport of Dangerous Goods by Air

11G. (1) An operator shall not carry on any aircraftarticles and substances that are specifically identifiedby name or by generic description in the TechnicalInstructions as being forbidden for transport by airunder any circumstances.

(2) An operator is forbidden from transportingdangerous goods by air except as established by thisPart and the detailed specifications and proceduresprovided in the Technical Instructions.

806 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Limitation onthe Transportof DangerousGoods by Air

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(3) An operator shall not carry on any aircraft–

(a) dangerous goods that are identified in theTechnical Instructions as being forbidden fortransport in normal circumstances; or

(b) infected live animals, unless exempted by theDirector General under the provisions ofregulation 15 or unless the provisions of theTechnical Instructions indicate that theymay be transported under an approvalgranted by the State of Origin.

Classification, Packing, Labeling and Markingof Dangerous Goods

11H. (1) An operator shall ensure that articles andsubstances are classified as “dangerous goods” inaccordance with the provisions of the TechnicalInstructions.

(2) An operator shall ensure that articles andsubstances classified as “dangerous goods” are packed inaccordance with the requirements specified undersubregulation (3) and as provided for in the TechnicalInstructions.

(3) The standards for packaging for dangerousgoods are as follows:

(a) packaging used for the transport ofdangerous goods by air shall be of goodquality and shall be constructed and securelyclosed so as to prevent leakage which mightbe caused in normal conditions of transport,by changes in temperature, pressure orhumidity, or by ventilation;

(b) packaging shall be suitable for the contentsand where the packaging comes in directcontact with dangerous goods it shall beresistant to any chemical or other action ofsuch goods;

(c) packaging shall meet the material andconstruction specification in the TechnicalInstructions;

(d) packaging shall be tested in accordance withthe provisions of the Technical Instructions;

Civil Aviation [(No. 2) Operations] (Amendment) 807Regulations, 2016

Classification,Packing,Labeling andmarking ofDangerousGoods

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(e) packaging for which retention of a liquid isa basic function, shall be capable ofwithstanding, without leaking, the pressurestated in the Technical Instructions;

(f) inner packaging shall be so packed, securedor cushioned as to prevent their breakage orleakage and to control their movementwithin the outer packaging during normalconditions of air transport and cushioningand absorbent materials shall not reactdangerously with the contents of thepackaging;

(g) packaging shall not be reused until it hasbeen inspected and found to be free fromcorrosion or other damage and where apackaging is reused, all necessary measuresshall be taken to prevent contamination ofsubsequent contents;

(h) where, because of their contents, uncleanedempty packaging shall be tightly closed andtreated according to the hazard theyconstitute; and

(i) there shall be no harmful quantity ofdangerous substance adhering to the outsideof the packaging.

(4) An operator shall ensure dangerous goods,mail, packages, overpacks and freight containers arelabeled with the appropriate labels in accordance withthe provisions set forth in the Technical Instructions.

(5) An operator shall ensure dangerous goods, mail,packages, overpacks and freight containers are markedwith–

(a) the proper shipping name of its contents;(b) the UN number, where assigned; and(c) other such markings as may be specified in

the Technical Instructions.

(6) An operator shall ensure–

(a) he uses packaging manufactured to aspecification contained in the TechnicalInstructions marked in accordance with theappropriate provisions of the TechnicalInstructions;

808 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

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(b) no packaging is marked with a packagingspecification marking unless it meets theappropriate packaging specificationcontained in the Technical Instructions; and

(c) where dangerous goods are to be carried onan aircraft outside the territory of Trinidadand Tobago, the labeling and markings arein the English language in addition to anyother language requirements.

Application by a Shipper for Transport ofDangerous Goods by Air

11I. (1) A shipper shall not offer to an operatorgoods for transport by air unless he is approved by theAuthority to accept goods for transport by air.

(2) A shipper who wishes to offer goods fortransport by air shall submit an applicationaccompanied by a programme for the safe transport ofdangerous goods by air that is appropriate to hisoperations, in accordance with the requirements of thisPart and the Technical Instructions, to the Authority forapproval.

(3) The Director General may recommend theAuthority grant an approval to a shipper where–

(a) he meets the requirements of this Part andthe Technical Instructions appropriate to theoperations conducted by the shipper; and

(b) the shipper has successfully demonstratedhis organization’s ability to carry out theprocedures of his programme for the safetransport of dangerous goods by air.

Shipper’s Responsibilities for Safe Transportof Dangerous Goods by Air

11J. (1) A shipper shall not offer any package oroverpack of dangerous goods for transport by air unlessthe shipper ensures that the dangerous goods are–

(a) not forbidden for transport by air;

(b) properly classified, packed, marked andlabeled; and

Civil Aviation [(No. 2) Operations] (Amendment) 809Regulations, 2016

Applicationby a Shipperfor Transportof DangerousGoods by Air

Shipper’sResponsibilitiesfor SafeTransport ofDangerousGoods by Air

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(c) accompanied by a properly executeddangerous goods transport documentspecified in the Technical Instructions.

(2) A shipper shall not offer dangerous goods fortransport by air unless he completes, signs and providesto the operator a dangerous goods transport documentcontaining the information required by the TechnicalInstructions.

(3) The transport document undersubregulation (2) shall bear a declaration signed by theperson who offers dangerous goods for transport by airindicating that the dangerous goods are–

(a) fully and accurately described by theirproper shipping name;

(b) classified, packed, marked and labeled; and

(c) in proper condition for transport by air, inaccordance with the Part and the TechnicalInstructions.

(4) A shipper shall ensure that wheredangerous goods are to be carried on an aircraft outsidethe territory of Trinidad and Tobago, the labeling andmarkings are in the English language in addition to anyother language requirements.

Application by a Designated Postal Operator for theSafe Transport of Dangerous Goods by Air

11K. (1) A designated postal operator shall not offerto an air operator mail for transport by air unless he isapproved by the Authority to accept mail for transportby air.

(2) A designated postal operator who wishes tooffer mail for transport by air shall submit anapplication accompanied by a programme for the safetransport of dangerous goods by air that is appropriateto his operations, in accordance with the requirementsof this Part and the Technical Instructions, to theAuthority for approval.

810 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Applicationby aDesignatedPostalOperator forthe SafeTransport ofDangerousGoods by Air

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(3) The Director General may recommend theAuthority grant an approval to a designated postaloperator where–

(a) he meets the requirements of this Part andthe Technical Instructions and is appropriateto the operations conducted by thedesignated postal operator; and

(b) the designated postal operator hassuccessfully demonstrated his organization’sability to carry out the procedures of hisprogramme for the safe transport ofdangerous goods by air.

Designated Postal Operator Responsibilities for Safe Transport of Dangerous Goods by Air

11L. (1) A designated postal operator shall not offerany dangerous goods or mail for transport by air unlessthe designated postal operator ensures that thedangerous goods are–

(a) not forbidden for transport by air;(b) properly classified, packed, marked and

labeled; and

(c) accompanied by a properly executeddangerous goods transport document, asspecified in the Technical Instructions.

(2) A designated postal operator shall not offerdangerous goods for transport by air unless hecompletes, signs and provides to the air operator adangerous goods transport document containing theinformation required by the Technical Instructions.

(3) The transport document undersubregulation (2) shall bear a declaration signed by theperson who offers dangerous goods for transport by airindicating that the dangerous goods are–

(a) fully and accurately described by theirproper shipping name;

(b) classified, packed, marked and labeled; and(c) in proper condition for transport by air, in

accordance with the Part and the TechnicalInstructions.

Civil Aviation [(No. 2) Operations] (Amendment) 811Regulations, 2016

DesignatedPostalOperatorResponsibilitiesfor SafeTransport ofDangerousGoods by Air

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(4) A designated postal operator shall ensurethat where dangerous goods are to be carried on anaircraft outside the territory of Trinidad and Tobago,the labeling and markings are in the English languagein addition to any other language requirements.

11M. An operator of an aircraft in which dangerousgoods are to be carried shall have procedure for the pilotin command to be provided as early as practicable beforedeparture of the aircraft with written information asspecified in the Technical Instructions.

11N. An operator shall provide such information inthe Operations Manual as will enable the flight crew tocarry out its responsibilities with regard to thetransport of dangerous goods and provide instructionsas to the action to be taken in the event of emergenciesarising involving dangerous goods.

11O. The Director General shall ensure thatinformation is promulgated in such a manner thatpassengers are warned as to the types of dangerousgoods which are forbidden from transporting aboard anaircraft as provided for in the Technical Instructions.

11P. Operators, shippers or other organizationsinvolved in the transport of dangerous goods by air shallprovide such information to their personnel as willenable them to carry out their responsibilities withregards to the transport of dangerous goods and shallprovide instructions as to the action to be taken in theevent of emergencies arising involving dangerous goods.

11Q. Where an in-flight emergency occurs, the pilot incommand shall, as soon as the situation permits, informthe appropriate air traffic services unit, for theinformation of aerodrome authorities, of any dangerousgoods on board the aircraft, as provided for in theTechnical Instructions.

11R. (1) In the event of–

(a) an aircraft accident; or(b) a serious aircraft incident where dangerous

goods carried as cargo may be involved, theoperator of the aircraft carrying dangerous

812 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Informationto pilot incommand

Informationandinstructionsto flight crewmembers

Informationto otherpersons

Informationfrom pilot incommand toaerodromeauthorities

Informationin the eventof an aircraftaccident,seriousaircraftincident, oraircraftincident

Informationto passengers

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goods as cargo shall provide information,without delay, to–

(i) emergency services responding tothe accident or serious incidentabout the dangerous goods onboard, as shown on the writteninformation to the pilot incommand; and

(ii) the appropriate authorities of theState of the operator and the Statein which the accident or seriousincident occurred.

(2) In the event of an aircraft incident, where arequest is made, the operator of an aircraft carryingdangerous goods as cargo shall provide informationwithout delay to emergencies services responding to theincident and to the appropriate authority of the State inwhich the incident occurred about the dangerous goodson board, as shown on the written information to thepilot in command.

Dangerous Goods Training Programmes

11S. (1) As part of the programme for thesafe transport of dangerous goods by air underregulation 16(2), an air operator shall submit to theAuthority for approval initial and recurrent dangerousgoods training programmes in accordance with theTechnical Instructions appropriate to his operations.

(2) The Director General may recommend theAuthority approve the initial and recurrent dangerousgoods training programmes in subregulation (1) wherehe is satisfied the training programme is appropriate tothe operator operations and meets the appropriateprovisions of the Technical Instructions.

(3) As part of the programme for thesafe transport of dangerous goods by air underregulation 20(2), a shipper shall submit to the Authorityfor approval initial and recurrent dangerous goodstraining programme in accordance with the TechnicalInstructions appropriate to his operations.

Civil Aviation [(No. 2) Operations] (Amendment) 813Regulations, 2016

DangerousGoodsTrainingProgrammes

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(4) The Director General may recommend theAuthority approve the initial and recurrent dangerousgoods training programmes in subregulation (3) wherehe is satisfied the training programme is appropriate tothe shipper operations and meets the appropriateprovisions of the Technical Instructions.

(5) As part of the programme for thesafe transport of dangerous goods by air underregulation 22(2), a designated postal operator shallsubmit to the Authority for approval initial andrecurrent dangerous goods training programme inaccordance with the Technical Instructions appropriateto his operations.

(6) The Director General may recommend theAuthority approve the initial and recurrent dangerousgoods training programmes in subregulation (5) wherehe is satisfied the training programme is appropriate tothe designated postal operator operations and meets theappropriate provisions of the Technical Instructions.

Dangerous Goods Accident and Incident Reporting

11T. (1) With the objective of preventing therecurrence of dangerous goods incidents and accidents,national and foreign operators shall report to theAuthority for accident and incident which occur inTrinidad and Tobago and which involve the transport ofdangerous goods in accordance with the detailedprovisions of the Technical Instructions.

(2) With the objective of preventing recurrenceof instances of undeclared or misdeclared dangerousgoods in cargo, national and foreign operators shallreport to the Authority concerning such occurrences inTrinidad and Tobago and which involve the transport ofdangerous goods in accordance with the detailedprovisions of the Technical Instructions.

Dangerous Goods Security Provisions

11U. Shippers, operators, designated postal operatorand other persons engaged in the transport ofdangerous goods by air shall submit to the Authority forapproval, policy and procedure for the securitymeasures implemented to minimize theft or misuse ofdangerous goods that may endanger persons, propertyor the environment.

814 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

DangerousGoodsAccident andIncidentReporting

DangerousGoodsSecurityProvisions

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Operators with no Operational Approval to TransportDangerous Goods as Cargo

11V. An operator who is not approved to transportdangerous goods shall–

(a) establish in his operations manual, adangerous goods training programme thatmeets the requirements of these Regulations,Annex 18, the applicable requirements of theTechnical Instructions, Part 1, Chap. 4; and

(b) established in his operations manual,dangerous goods policies and procedures tomeet, at a minimum, the requirements ofAnnex 18, the Technical Instructions andthese Regulations to allow operatorpersonnel to—

(i) identify and reject undeclareddangerous goods, including COMATclassified as dangerous goods; and

(ii) report to the appropriateauthorities of the State of theOperator and the State in which itoccurred any—

(A) occasions when undeclareddangerous goods arediscovered in cargo or mail;and

(B) dangerous goods accidentsand incidents.

Operators Transporting Dangerous Goods as Cargo

11W. An operator who is approved to transportdangerous goods shall–

(a) establish in his operations manual, adangerous goods training programme thatmeets the requirements in the TechnicalInstructions, Part 1, Chap. 4, Table 1-4 andthe requirements of these Regulations;

(b) establish in his operations manual,dangerous goods policies and procedures inits operations manual to meet, at aminimum, the requirements of Annex 18, the

Civil Aviation [(No. 2) Operations] (Amendment) 815Regulations, 2016

Operatorswith noOperationalApproval toTransportDangerousGoods asCargo

OperatorsTransportingDangerousGoods asCargo

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Technical Instructions and these Regulationsto enable operator personnel to–

(i) identify and reject undeclared ormisdeclared dangerous goods,including COMAT classified asdangerous goods;

(ii) report to the appropriateauthorities of the State of theOperator and the State in which itoccurred any–

(A) occasions when undeclaredor misdeclared dangerousgoods are discovered incargo or mail; and

(B) dangerous goods accidentsand incidents;

(iii) report to the appropriateauthorities of the State of theOperator and the State of Originany occasions when dangerousgoods are discovered to have beencarried–

(A) when not loaded,segregated, separated orsecured in accordance withthe Technical InstructionsPart 7, Chap. 2; and

(B) without informationhaving been provided tothe pilot in command;

(iv) accept, handle, store, transport,load and unload dangerous goods,including COMAT classified asdangerous goods as cargo on boardan aircraft; and

(v) provide the pilot-in-command withaccurate and legible written orprinted information concerningdangerous goods that are to becarried as cargo.

816 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

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Provision of operational approval and limitation Information

11X. An operator shall ensure that all personnel,including shippers, designated postal operators andthird-party personnel, involved in the acceptance,handling, load and unloading of cargo are informed ofthe operator’s operational approval and limitations withregards to the transport of dangerous goods by air.”.

6. Regulation 42 of the Regulations is amended in subregulation (2),by deleting the word “twelve” and substituting the word “six”.

7. The Regulations are amended by inserting after regulation 72 thefollowing regulations:

“General Declaration Requirements

72A. (1) An air operator shall, where a ContractingState requires a General Declaration, limit itsinformation requirements to the elements indicated inForm C-5 of the Schedule to the Customs Regulations.

(2) An air operator shall keep a copy of theGeneral Declaration referred to in subregulation (1) fora period, not less than ninety days.

Suspected Communicable Disease Reporting

72B. (1) An air operator shall establish a procedurefor reporting and responding to suspected communicabledisease or other public health risk on board an en routeaircraft.

(2) The pilot in command of an en route aircraftshall, upon identifying a suspected case ofcommunicable disease or public health risk on board theaircraft, promptly notify the air traffic service unit withwhich the pilot is communicating, the followinginformation:

(a) aircraft identification;(b) departure aerodrome;(c) destination aerodrome;(d) estimated time of arrival;(e) number of persons on board;

Civil Aviation [(No. 2) Operations] (Amendment) 817Regulations, 2016

Provision ofoperationalapproval andlimitationInformation

Regulation 42amended

Regulations 72Aand 72Binserted

GeneralDeclarationRequirements

Chap. 78:01

SuspectedCommunicableDiseaseReporting

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(f) number of suspected cases on board; and(g) nature of public health risk, where known.

(3) As part of the reporting procedure undersubregulation (1), an air operator shall ensure that thepilot in command in subregulation (2) is required tocomplete the Public Health Passenger Locator Card inSchedule 1A for use by the public health authority of thedestination State for tracing persons who may havebeen exposed to a communicable disease.”.

8. Regulation 75 of the Regulations is amended–

(a) in subregulation (2), by deleting the words “, in order topreserve the data for an accident or incident investigationby the Authority, shall not, unless necessary,” andsubstituting the words “shall not”; and

(b) by deleting subregulation (3) and substituting the followingsubregulations:

“ (3) Following an accident or incident, the pilot incommand shall deactivate flight recorders uponcompletion of flight time to preserve the recorded datafor subsequent submission to the Authority as may berequested to conduct an investigation.

(4) An operator and pilot in command shall ensurethat flight recorders deactivated under sub-regulation (3) are not reactivated before theirdisposition as determined in accordance with the CivilAviation [(No. 14) Aircraft Accident and IncidentInvestigations] Regulations, 2006.”.

9. The Regulations are amended by inserting after regulation 76,the following regulation:

“Electronic Flight Bag

76A. (1) A pilot shall not use a portable electronicflight bag in the cockpit of an aircraft in flight–

(a) as a primary source of information toperform functions required by airworthiness,airspace or operational requirements; or

(b) as a primary source of information essentialto the safe operation of an aircraft,

unless the use of such electronic flight bag has beenapproved by the Authority.

818 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Regulation 75amended

Regulation 76Aamended

ElectronicFlight Bag

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(2) Where an operator wishes the flight crew touse a portable electronic flight bag in the cockpit of hisaircraft, he shall make an application to the Authorityproviding evidence that–

(a) the electronic flight bag equipment and itsassociated installation hardware, includinginteraction with aeroplane systems ifapplicable, meet the appropriateairworthiness certification requirements;

(b) the operator has assessed and filed a reportof the safety risks associated with theoperations supported by each electronicflight bag function;

(c) the operator has established requirementsfor redundancy of the information ifappropriate, contained in, and displayed by,the electronic flight bag functions;

(d) the operator has established and documentedprocedures for the management of theelectronic flight bag functions including anydatabase it may use;

(e) the operator has established and documentedthe procedures for the use of, and trainingrequirements for, the electronic flight bagand the electronic flight bag functions;

(f) the use of the portable electronic flight bag inthe cockpit by the flight crew does not affectthe performance of the aircraft systems,equipment or the ability of the flight crew tooperate the aircraft; and

(g) sufficient information is readily available tothe flight crew for the flight to be conductedsafely in the event of failure of an electronicflight bag.

(3) The Director General may recommend theAuthority approve a portable electronic flight bag wherethe requirements under subregulation (2) have beensatisfied by the operator.”.

Civil Aviation [(No. 2) Operations] (Amendment) 819Regulations, 2016

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10. Regulation 106 of the Regulations is amended by deletingsubregulation (4A) and substituting the following subregulations:

“ (4A) An operator shall not operate a helicopter inconditions where a safe continuation of flight is not ensured inthe event of a critical power-unit failure unless such helicopteroperation is conducted in a manner that gives consideration forachieving a safe forced landing.

(4B) An operator shall not operate an unmanned freeballoon, unless it is operated in such a manner as to minimizehazards to persons, property or other aircraft in accordancewith Schedule 4A and conditions specified by the Authority.

(4C) An operator shall not operate a remotely pilotedaircraft, unless it is operated in such a manner as to minimizehazards to persons, property or other aircraft in accordancewith Schedule 4B or conditions specified by the Authority.”.

11. Regulation 125 of the Regulations is amended in sub-regulation (1), by inserting after the words “An operator shall ensurethat” the word “except”.

12. Regulation 126 is amended by inserting after subregulation (2),the following subregulation:

“ (3) The requirements of subregulations (1) and (2) shall notapply to an aircraft during the take-off and landing phases of aflight.”.

13. Regulation 127 of the Regulations is amended–

(a) in subregulation (3), by deleting paragraph (e) andsubstituting the following paragraph:

“(e) the equipment available on the aircraft for thepurpose of navigation, acquisition of visualreferences or control or the flight path during theapproach, landing and the missed approach;”;

(b) by inserting after subregulation (3), the followingsubregulations:

“ (3A) In establishing operations minima forinstrument approach, such operations shall beclassified based on the designed lowest operatingminima below which an approach operation shall onlybe continued with the required visual referer asfollows:

(a) Type A: a minimum descent height or decisionheight at or above 75 m (250 ft); and

820 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Regulation 106amended

Regulation 125amended

Regulation 126amended

Regulation 127amended

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(b) Type B: a decision height below 75 m (250 ft).Type B instrument approach operations arecategorized as:

(i) Category I (CAT I): a decision height notlower than 60 m (200 ft) and with eithera visibility not less than 800 m or arunway visual range not less than550 m;

(ii) Category II (CAT II): a decision heightlower than 60 m (200 ft), but not lowerthan 30 m (100 ft) and a runway visualrange not less than 300 m;

(iii) Category IIIA (CAT IIIA): a decisionheight lower than 30 m (100 ft) or nodecision height and a runway visualrange not less than 175 m;

(iv) Category IIIB (CAT IIIB): a decisionheight lower than 15 m (50 ft), or nodecision height and a runway visualrange less than 175 m but not less than50 m; and

(v) Category IIIC (CAT IIIC): no decisionheight and no runway visual rangelimitations.

(3B) Category II and Category III instrumentapproach and landing operations shall not beauthorized unless RVR information is provided.

(3C) The operating minima for 2D instrumentapproach operations using instrument approachprocedures shall be determined by establishing aminimum descent altitude (MDA) or minimum descentheight (MDH), minimum visibility and, if necessary,cloud conditions.

(3D) The operating minima for 3D instrumentapproach operations using instrument approachprocedures shall be determined by establishing adecision altitude (DA) or decision height (DH) and theminimum visibility or RVR.

(3E) The Director General may approve operationalcredits for operations with aircraft equipped withautomatic landing systems, a HUD or equivalentdisplays, EVS, SVC or CVS and such approval shall notaffect the classification of the instrument approachprocedure.”.

Civil Aviation [(No. 2) Operations] (Amendment) 821Regulations, 2016

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14. Regulation 128 of the Regulations is amended by deleting themarginal note and center-heading and substituting the words“Threshold crossing height for 3D instrument approach operations” forthe marginal note and center-heading, respectively.

15. Regulation 129 of the Regulations is amended–

(a) in subregulation (3), by deleting the words “in accordancewith the classification of designed instrument approach andlanding” and substituting the words “to support instrumentapproach”; and

(b) by inserting after subregulation (4), the followingsubregulation:

“ (5) All aeroplanes operated in accordance withinstrument flight rules shall comply with theinstrument flight procedures approved by the State inwhich the aerodrome is located.”.

16. Regulation 154 of the Regulations is amended inparagraph (c)(i), by deleting the words “three minutes” and substitutingthe words “two minutes”.

17. Regulation 182 of the Regulations is amended–

(a) in subregulation (1), by deleting the words “beyond theouter marker, or equivalent position, where the reportedrunway visual range or visibility is less than the applicableminima” and substituting the words “below three hundredmeters (300 m) or one thousand feet (1000ꞌ) above theaerodrome or heliport elevation or into the final approachsegment unless the reported visibility or controlling runwayvisual range is at, or above the aerodrome or heliportoperating minima;

(b) by deleting subregulation (2) and substituting the followingsubregulation:

“ (2) Where, after entering the final approachsegment or after descending below three hundredmeters (300m) or one thousand feet (1000ꞌ) above theaerodrome or heliport elevation, the reported visibilityor controlling runway visual range falls below thespecified minima, the approach may be continued tothe decision height.”; and

(c) by inserting after subregulation (3), the followingsubregulation:

“ (4) Notwithstanding subregulations (1), (2) and (3),a pilot in command or the pilot to whom conduct of aflight has been delegated shall not continue an

822 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Regulation 128amended

Regulation 129amended

Regulation 154amended

Regulation 182amended

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approach-to-land at any aerodrome or heliport beyonda point at which the limits of the operating minimaspecified for that aerodrome or heliport would beinfringed.”.

18. Regulation 209 of the Regulations is amended by revokingsubregulation (3) and substituting the following subregulations:

“ (3) This regulation shall not apply to–

(a) a person on board an aircraft that is engaged inState operations; or

(b) an air marshal authorized to be on board anaircraft in accordance with the Civil Aviation[(No. 8) Aviation Security] Regulations.

(4) In this regulation, “State operations” means operationsin which an aircraft is used in military, customs and policeservices.”.

19. The Regulations is amended by revoking regulation 221 andsubstituting the following regulation:

221. (1) A person shall not serve nor shall a nationalair operator use a person as a required pilot flight crewmember in commercial air transport aircraft where suchperson has attained his–

(a) sixtieth birthday, and the aircraft operations isconducted with a single pilot; or

(b) sixty-fifth birthday, and the aircraft operations isconducted with more than one pilot.

(2) A check airman who has–

(a) attained his sixty-fifth birthday; or

(b) who does not hold an appropriate medicalcertificate,

may continue his check airman functions but shall notserve or occupy the position of a required flight crewmember on an aircraft engaged in commercial airtransport operations.”.

20. Regulation 260 of the Regulations is amended in sub-regulation (16), by inserting after the words “Schedule 9” the words“and paragraph 58 of Schedule 14 of the Civil Aviation [(No. 1) GeneralApplication and Personnel Licensing] Regulations, 2004, as applicable”.

Civil Aviation [(No. 2) Operations] (Amendment) 823Regulations, 2016

Regulation 209amended

Regulation 221amended

“Age andspecialmedicalcertificaterestriction

Regulation 260amended

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21. Regulation 265 of the Regulations is amended by deletingparagraph (e) and substituting the following paragraph:

“(e) holds a Class I medical certificate when serving as arequired flight crew member and a Class II medicalcertificate when serving as a flight engineer.”.

22. The Regulations is amended by revoking regulation 272 andsubstituting the following regulation:

“Termination of a check by a check airman

272. (1) A check airman of an air operator mayterminate a check of a crew member or FlightOperations Officer for reasons of unsatisfactoryperformance during the check.

(2) An air operator shall not use a crewmember or Flight Operations Officer undersubregulation (1) in commercial air transport operationsuntil that crew member or Flight Operations Officer hassatisfactorily completed a recheck.

(3) The provision of subregulation (2) shall notapply where a check airman of an air operatorterminates a check of a crew member or FlightOperations Officer for reasons other than that stated insubregulation (1).”.

23. The Regulations are amended by inserting after Schedule 1 thefollowing Schedule:

“ SCHEDULE 1A

[Regulation 72B(3)]

824 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Regulation 265amended

Terminationof a check bycheck airman

Schedule 1Ainserted

Regulation 272amended

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Civil Aviation [(No. 2) Operations] (Amendment) 825Regulations, 2016

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24. Schedule 4A of the Regulations is amended by deletingthe words “[Regulation 106(5)]” and substituting the words“[Regulation 106(6)]”.

25. The Regulations is amended by inserting after Schedule 4A, thefollowing Schedule:

“SCHEDULE 4B

[Regulation 106(7)]

REMOTELY PILOTED AIRCRAFT SYSTEMS

The requirements for the remotely piloted aircraft system (RPAS) referred to inregulation 106(7) are as follows:

1. General operating rules:

(a) A remotely piloted aircraft system (RPAS) engaged in international airnavigation shall not be operated without appropriate authorization from theState from which the take-off of the remotely piloted aircraft (RPA) is made.

(b) An RPA shall not be operated across the territory of another State, withoutspecial authorization issued by each State in which the flight is to operate.This authorization may be in the form of agreements between the Statesinvolved.

(c) An RPA shall not be operated over the high seas without prior coordinationwith the appropriate ATS authority.

(d) The authorization and coordination referred to in paragraphs (b) and (c)shall be obtained prior to take-off where there is reasonable expectation,when planning the operation, that the aircraft may enter the airspaceconcerned.

(e) An RPAS shall be operated in accordance with conditions specified by theState of Registry, the State of the Operator if different and the State(s) inwhich the flight is to operate.

(f) Flight plans shall be submitted as mandated by the State(s) in which theflight is to operate.

(g) RPAS shall meet the performance and equipment carriage requirements forthe specific airspace in which the flight is to operate.

2. Certificates and licensing:

(a) An RPAS shall be approved, taking into account the interdependencies of thecomponents, in accordance with national regulations and in a manner that isconsistent with the provisions of related Annexes. In addition–

(i) RPA shall have a certificate of airworthiness issued in accordancewith the Civil Aviation [(No. 5) Airworthiness] Regulations, 2004;and

(ii) the associated RPAS components specified in the type design shallbe certificated and maintained in accordance with the Act andRegulations made thereunder.

(b) An operator shall have an RPAS operator certificate issued in accordancewith national regulations and in a manner that is consistent with theprovisions of Annex 6.

826 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Schedule 4Aamended

Schedule 4Bamended

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(c) Remote pilots shall be licensed or have their licences rendered valid, inaccordance with national regulations and in a manner that is consistent withthe provisions of Annex 1.

3. Request for authorization:

(a) The request for authorization referred to in 1(b) above shall be made to theappropriate authorities of the State(s) in which the RPA will operate not lessthan seven days before the date of the intended flight unless otherwisespecified by the State.

(b) Unless otherwise specified by the State(s), the request for authorization shallinclude the following:

(i) name and contact information of the operator;

(ii) RPA characteristics (type of aircraft, maximum certificated take-offmass, number of engines, wing span);

(iii) copy of certificate of registration;

(iv) aircraft identification to be used in radiotelephony, if applicable;

(v) copy of the certificate of airworthiness;

(vi) copy of the RPAS operator certificate;

(vii) copy of the remote pilot(s) licence;

(viii) copy of the aircraft radio station licence, if applicable;

(ix) description of the intended operation (to include type of operationor purpose), flight rules, visual line-of-sight (VLOS) operation ifapplicable, date of intended flight(s), point of departure,destination, cruising speed(s), cruising level(s), route to befollowed, duration/frequency of flight;

(x) take-off and landing requirements;

(xi) RPA performance characteristics, including–

(A) operating speeds;

(B) typical and maximum climb rates;

(C) typical and maximum descent rates;

(D) typical and maximum turn rates;

(E) other relevant performance data (e.g., limitationsregarding wind, icing, precipitation); and

(F) maximum aircraft endurance;

(xii) communications, navigation and surveillance capabilities─(A) aeronautical safety, communications frequencies and

equipment, including—(1) ATC communications, including any alternate

means of communication;

(2) command and control links (C2) includingperformance parameters and designatedoperational coverage area;

(3) communications between remote pilot and RPAobserver, if applicable;

(B) navigation equipment; and

(C) surveillance equipment (e.g., SSR transponder, ADS-Bout);

(xiii) detect and avoid capabilities;

Civil Aviation [(No. 2) Operations] (Amendment) 827Regulations, 2016

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(xiv) emergency procedures, including–

(A) communications failure with ATC;

(B) C2 failure; and

(C) remote pilot/RPA observer communications failure, ifapplicable;

(xv) number and location of remote pilot stations as well as handoverprocedures between remote pilot stations, where applicable;

(xvi) document attesting noise certification that is consistent with theprovisions of Annex 16, Volume 1, if applicable;

(xvii) confirmation of compliance with national security standards in amanner that is consistent with the provisions of Annex 17, toinclude security measures relevant to the RPAS operation, asappropriate;

(xviii) payload information/description; and

(xix) proof of adequate insurance/liability coverage.

(c) When certificates or other documents identified in 3.2 above are issued in alanguage other than English, an English translation shall be included.

(d) After authorization has been obtained from the appropriate State(s), airtraffic services notification and coordination shall be completed in accordancewith the requirements of the State(s).

(e) Changes to the authorization shall be submitted for consideration to theappropriate State(s). If the changes are approved, all affected authoritiesshall be notified by the operator.

26. Schedule 7 of the Regulations is amended–

(a) by deleting the table in paragraph (n)(i) and substitutingthe following table:

828 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

Schedule 7amended

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Civil Aviation [(No. 2) Operations] (Amendment) 829Regulations, 2016

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(b) by deleting the table in paragraph (n)(ii) and substitutingthe following table:

830 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

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27. Schedule 9 of the Regulations is amended–

(a) in Part H–

(i) in paragraph (b), by deleting the words “As noted,check airmen may waive certain events on the flighttest based on an assessment of the pilot’sdemonstrated level of performance.”;

(ii) in Table A, by deleting the words “May be waived.”wherever they occur;

(b) in Part M–

(i) by deleting paragraphs (a) and (b) and substitutingthe following paragraph:

“(e) Each cabin crew member must participate–

(i) in a visit to an aircraft to be operated;and

(ii) in familiarization flight as described inparagraph (b) below,”;

(ii) by renumbering paragraphs (c) and (d) asparagraphs (b) and (c), respectively;

(c) in Part N–

(i) by deleting paragraph (j)(vi)(B) and substituting thefollowing paragraph:

“(B) applicable to pilot in command only: visualapproach with- 50% loss of power on–

(i) one engine for a 2-engined aeroplane;and

(ii) two engines for a 3-engined or a4-engined aeroplane;”;

(ii) by deleting paragraph (j)(vi)(E) and (F) andsubstituting the following paragraphs:

“(E) instrument flight rules non-precisionapproaches for the intended area ofoperation; and

(F) non-precision approach for the intended areaof operation with one engine inoperative;”.

28. Schedule 12 of the Regulations is amended by deleting thewords “Regulation 214” and substituting the words “Regulation 192”.

Civil Aviation [(No. 2) Operations] (Amendment) 831Regulations, 2016

Schedule 9amended

Schedule 12amended

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Made by the Trinidad and Tobago Civil Aviation Authority this30th day of August, 2016.

R. LUTCHMEDIALTrinidad and Tobago

Civil Aviation Authority

Approved by the Minister of Works and Transport this 30th day ofAugust, 2016.

F. E. HINDSMinister of Works and Transport

832 Civil Aviation [(No. 2) Operations] (Amendment) Regulations, 2016

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO–2016