In force2020 Revised Edition

Contents

Air Navigation Act 1966 · 2020 Revised Edition · Part 2 · Regulatory Framework for Safety in Aviation

40. Flying without satisfying safety requirements

(1)

An owner or operator, or the pilot‑in‑command of a Singapore registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if —

(a)

there is no aviation safety instrument known as a certificate of airworthiness in force in respect of the aircraft; and

(b)

any aviation safety subsidiary legislation does not authorise the flight without a certificate of airworthiness.

(2)

An owner or operator, or the pilot-in-command of a Singapore registered aircraft, or the Singapore operator of a foreign registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:

(a)

there is outstanding a requirement imposed by or under any applicable aviation safety subsidiary legislation in relation to the maintenance of the aircraft;

(b)

the aircraft will require maintenance before the flight can end;

(c)

there is a defect or damage that may endanger the safety of the aircraft or any person or property;

(d)

the aircraft is unsafe for flight.

(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.[8D

Terms defined in s 2

aircraft
Defined · s 2
“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth;
Open s 2
aviation safety instrument
Defined · s 2
“aviation safety instrument” means any licence, permit, certificate, authorisation, approval or other document issued under or by virtue of this Act to, or in respect of, any person, aircraft, aerodrome, aeronautical procedure, aeronautical product, or aviation-related service, but does not include an airport licence within the meaning of the Civil Aviation Authority of Singapore Act 2009 or a permit mentioned in section 32(5)(b)(ii) or 33(5)(b)(ii);
Open s 2
aviation safety subsidiary legislation
Defined · s 2
“aviation safety subsidiary legislation” means any order made under section 8 or any regulations made under section 9;
Open s 2
foreign registered aircraft
Defined · s 2
“foreign registered aircraft” means an aircraft registered in a country or territory other than Singapore;
Open s 2
maintenance
Defined · s 2
“maintenance”, in relation to any aircraft or aeronautical product, means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification;
Open s 2
operator
Defined · s 2
“operator”, for an unmanned aircraft, means a person engaged in, or offering to engage in, the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes —(a)the person who causes the remotely piloted aircraft to fly; and(b)the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator;
Open s 2
pilot-in-command
Defined · s 2
“pilot-in-command”, in relation to an aircraft, means —(a)the pilot designated by the operator of the aircraft as being in command and charged with the safe conduct of a flight using that aircraft; and(b)if no such person under paragraph (a) is designated, a person who is, for the time being, in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
Open s 2
Singapore operator
Defined · s 2
“Singapore operator” means an operator of aircraft whose principal place of business or permanent residence is in Singapore;
Open s 2
Singapore registered aircraft
Defined · s 2
“Singapore registered aircraft” means an aircraft registered in Singapore;
Open s 2

Report

Read on from s 41

Part 2A

Air Transport Undertakings

Read on from Part 2A

Part 2B

Aviation Security

Read on from Part 2B

Part 3

Control of Obstructions in Vicinity of Aerodromes

Read on from Part 3

Part 3A

Miscellaneous Matters

Read on from Part 3A

Part 4

Restriction on Claims for Damages and Compensation

Read on from Part 4

Part 5

Saving Provisions

Read on from Part 5