Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 641 · Air Navigation Act (Cap. 641)

Cap. 641 Art. 43Departure from and arrival at aerodromes.

PART V

In KraftAmtlicher Text

(1) The pilot in command shall use the departure and approach procedures notified, prescribed or otherwise designated by the relevant competent authority of the country concerned for the runway or final approach and take-off area to be used.

(2) The pilot in command may deviate from a departure route, arrival route or approach procedure:

(a) provided obstacle clearance criteria can be observed, full account is taken of the operating conditions and any air traffic control clearance is adhered to; or

(b) when being radar-vectored by an air traffic control unit.

(3) For flights under IFR Rules, the pilot in command shall select and use aerodrome operating minima for such departure, destination, and destination alternate aerodrome which:

(a) must not be lower than those notified, prescribed or otherwise designated by the relevant competent authority of the country concerned;

(b) when undertaking low visibility operations, have been approved by the Director General or the competent authority in accordance with the law of the country in which the aircraft is registered.

(4) The pilot in command may commence an instrument approach regardless of the reported runway visual range or visibility.

(5) If the reported runway visual range or visibility is less than the applicable minimum notified, prescribed or otherwise designated by the relevant competent authority of the country concerned, the pilot in command shall not continue the approach:

(a) below one thousand feet (1,000ft) above the aerodrome; or

(b) into the final approach segment in the case where the decision height or the minimum descent height is more than one thousand feet (1,000ft) above the aerodrome.

(6) If, after passing one thousand feet (1,000ft) above the aerodrome, the reported runway visual range or visibility falls below the applicable minimum notified, prescribed or otherwise designated by the relevant competent authority of the country concerned, the pilot in command may continue the approach to the decision height or the minimum descent height.

(7) The pilot in command may continue the approach below the decision height or the minimum descent height and the landing may be completed provided that the visual reference adequate for the type of approach operation and for the intended runway is established at the decision height or the minimum descent height and is maintained.

(8) Where the runway visual range is not available, the pilot in command may derive the runway visual range values by converting the reported visibility.