Cap. 641 Art. 40Obligationsofpilot in command.

(1) The pilot in command of an aircraft is responsible:

(a) for defining the roles and duties of each crew member before every flight;

(b) for the operation and safety of the aircraft and for the initiation, continuation, termination or diversion of a flight in the interest of safety; and

(c) during aircraft operations, for ensuring the safety of all crew members, passengers and cargo on board.

(2) The pilot in command shall only use aerodromes and operating sites that are adequate for the type of aircraft and operation concerned.

(3) Before commencing each flight, the pilot in command shall prepare the aircraft and crew roles accordingly. In particular, he shall check:

(a) that the flight can be safely made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(b) that the aircraft is airworthy, and that all airworthiness documentation is in order; where an airworthiness review certificate is required to be in force, that it is in force and will not cease to be in force during the intended flight;

(c) that the pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft;

(d) that in the case of an international flight, a flight in which the aircraft shall cross the border of the country of the aerodrome of origin, a flight plan has been drawn up and notified to the aerodrome of destination;

(e) that instruments and equipment required for the flight are installed in the aircraft and are operative;

(f) that sufficient means are available to navigate and land at the destination aerodrome or at any destination alternate aerodrome in the case of loss of navigational capability for the intended approach and landing operation;

(g) that all equipment, baggage and cargo are properly loaded and secured and that an emergency evacuation of the aircraft is possible;

(h) that the loading, the mass and centre of gravity position of the aircraft comply with the aircraft’s flight manual or other document approved by the Director General;

(i) that sufficient fuel, oil and engine coolant, where required, are carried for the intended flight, and that a safe margin has been allowed for emergency contingencies or delays in reaching the destination aerodrome or alternate aerodrome;

(j) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

(k) that radio equipment is functional and that all navigational capabilities conform to the flight manual or other document approved by the Director General;

(l) that all navigational capabilities are adequate and comply with the class airspace over which the aircraft shall navigate;

(m) that the aircraft may make use of adequate navigation services along the planned route;

(n) that the flight crew is capable of communicating with air traffic control services at the aerodromes of origin, transit and destination;

(o) that all passengers occupy a seat or berth and are properly secured during taxiing, take-off and landing and during such parts of the flight where it is deemed necessary in the interests of safety that such passengers be so seated and secured;

(p) that sufficient survival equipment is carried on the aircraft, including life-jackets and oxygen in the case of pressurised aircraft;

(q) that foreseeable emergency situations have been taken into account, and contingency plans are adopted and communicated to the flight crew and cabin crew;

(r) that no dangerous goods or munitions are carried on board the aircraft, unless authorisation for their carriage has been obtained from the Director General;

(s) that any additional requirement contained within a regulatory instrument issued by the Directorate under article 5 is complied with.

(4) During flight, the pilot in command must:

(a) keep any safety-belt fastened while at the pilot’s station; and

(b) remain at the controls of the aircraft at all times except if another pilot is taking the controls.

(5) If the aircraft is to carry two pilots, both pilots are to remain at the controls during take-off, runway approach and landing.

(6) In the case of passengers being carried on the aircraft, the pilot in command shall ensure that, before or, where appropriate, during the flight, the passengers are given a briefing on emergency equipment and procedures, as well as the use of oxygen masks, where appropriate.