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aircraft operating in accordance with both visual flight rules
and instrument flight rules in the seven ATS airspace classes
is contained in 2.6.1 and 2.6.3 of Annex 11.
Note 2.— A pilot may elect to fly in accordance with
instrument flight rules in visual meteorological conditions or
may be required to do so by the appropriate ATS authority.
2.3 Responsibility for compliance
with the rules of the air
2.3.1 Responsibility of pilot-in-command
The pilot-in-command of an aircraft shall, whether manipulating
the controls or not, be responsible for the operation of
the aircraft in accordance with the rules of the air, except that
the pilot-in-command may depart from these rules in
circumstances that render such departure absolutely necessary
in the interests of safety.
2.3.2 Pre-flight action
Before beginning a flight, the pilot-in-command of an aircraft
shall become familiar with all available information appropriate
to the intended operation. Pre-flight action for flights
away from the vicinity of an aerodrome, and for all IFR
flights, shall include a careful study of available current
weather reports and forecasts, taking into consideration fuel
requirements and an alternative course of action if the flight
cannot be completed as planned.
2.4 Authority of pilot-in-command of
an aircraft
The pilot-in-command of an aircraft shall have final authority
as to the disposition of the aircraft while in command.
2.5 Problematic use of
psychoactive substances
No person whose function is critical to the safety of aviation
(safety-sensitive personnel) shall undertake that function while
under the influence of any psychoactive substance, by reason
of which human performance is impaired. No such person
shall engage in any kind of problematic use of substances.
5/11/98
No. 34
ANNEX 2 7
CHAPTER 3. GENERAL RULES
3.1 Protection of persons and property
3.1.1 Negligent or reckless operation
of aircraft
An aircraft shall not be operated in a negligent or reckless
manner so as to endanger life or property of others.
3.1.2 Minimum heights
Except when necessary for take-off or landing, or except by
permission from the appropriate authority, aircraft shall not be
flown over the congested areas of cities, towns or settlements
or over an open-air assembly of persons, unless at such a
height as will permit, in the event of an emergency arising, a
landing to be made without undue hazard to persons or
property on the surface.
Note.— See 4.6 for minimum heights for VFR flights and
5.1.2 for minimum levels for IFR flights.
3.1.3 Cruising levels
The cruising levels at which a flight or a portion of a flight is
to be conducted shall be in terms of:
a) flight levels, for flights at or above the lowest usable
flight level or, where applicable, above the transition
altitude;
b) altitudes, for flights below the lowest usable flight
level or, where applicable, at or below the transition
altitude.
Note.— The system of flight levels is prescribed in the
Procedures for Air Navigation Services — Aircraft Operations
(Doc 8168).
3.1.4 Dropping or spraying
Nothing shall be dropped or sprayed from an aircraft in flight
except under conditions prescribed by the appropriate
authority and as indicated by relevant information, advice
and/or clearance from the appropriate air traffic services unit.
3.1.5 Towing
No aircraft or other object shall be towed by an aircraft, except
in accordance with requirements prescribed by the appropriate
authority and as indicated by relevant information, advice
and/or clearance from the appropriate air traffic services unit.
3.1.6 Parachute descents
Parachute descents, other than emergency descents, shall not
be made except under conditions prescribed by the appropriate
authority and as indicated by relevant information, advice
and/or clearance from the appropriate air traffic services unit.
3.1.7 Acrobatic flight
No aircraft shall be flown acrobatically except under
conditions prescribed by the appropriate authority and as
indicated by relevant information, advice and/or clearance
from the appropriate air traffic services unit.
3.1.8 Formation flights
Aircraft shall not be flown in formation except by prearrangement
among the pilots-in-command of the aircraft
taking part in the flight and, for formation flight in controlled
airspace, in accordance with the conditions prescribed by the
appropriate ATS authority(ies). These conditions shall include
the following:
a) the formation operates as a single aircraft with regard to
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