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delegate to the State of the Operator; subject to acceptance by
the latter State, thosehction~of the State of Registry that can
more adequately he discharged by the State of the Operatol: It
was understood that pending.entry into force of Article 83 bis
of the Convention the foregoing action would only be a matter
of practical convenience and would not afect either the
pmvisions of the Chicago Convention prescribing the duties
of the State of Regisiq or any third State. Howevel; as
Article 83 bis of the Convention entered into force on 20 June
1997, such transfer agreements will have efect in respect of
Contracting States which have ratified the related Pmtocol
(Doc 9318) upon fulfilment of the conditions established in
Article 83 bis.
Note 2.- In the case of international operations effected
jointly with aeroplanes not all of which are registered in the
slune Contracting State, nothing in this Part prevents the States
concerned entering into an agreement for the joint exercise of
the functions placed upon the State of Regisfq by the
provisiotis of the rekvant Annexes.
3.1 The pilot-in-command shall comply with the relevant
laws, regulations and procedures of the States in which the
aeroplane is operated.
Note I . - Compliance with more restrictive measures, not
in contravention of the provisions of 3.1, may he required by
the Stab of Registry.
Note 2.- Rules covering flight over the high seas are
contained in Annex 2.
3.2 The pilot-in-command shall be responsible €or the
safety of all crew members, passengers and cargo on board
when the doors are closed. The pilot-in-command shall also be
responsible for the operation and safety of the aeroplane from
the moment the aeroplane is ready to move for the purpose of
taking off until the moment it finally comes to rest at the end
of the flight and the engine(s) used as primary propulsion units
art: shut down.
3.3 If an emergency situation which endangers the safety
of the aeroplane or persons necessitates the taking of action
which involves a violation of local regulations or procedures,
the pilot-in-command shall notify the appropriate local
authority without delay. If required by the State in' which the
incident occurs, the pilot-in-command shall submit a report on
any such violation to the appropriate authority of such State;
in that event, the pilot-in-command shall also submit a copy of
it to the State of Registry. Such reports shall be submitted as
soon as possible and normally within ten days.
3.4 The pilot-in-command shall be responsible for
notifying the nearest appropriate authority by the quickest
available means of any accident involving the aeroplane
resulting in serious injury or death of any person or substantial
damage to the aeroplane or property.
Note.- A definition of the term "serious injury" is
contained in Annex 13, and an explanation of the term
"substantial damage" is given in the AccidenWIncident
Reporting Manual (ADREP Manual) (Doc 91561.
3.5 Recommendation.- The pilot-in-command should
have available on board the aeroplane essential information
concerning the search and rescue services in the areas over
which it is intended the aeroplane will be flown.
3.6 Dange~ousg oods.
Note 1.- Provisions for carriage of dangerous goods are
contained in Annex 18.
Note 2.- Article 35 of the Convention refers to certain
classes of cargo restrictions.
3.7 Use of psychoactive substances.
Note.- Pi&sions concerning the use of psychoactive
substances are contained in Annex 1, 1.2.7 and Annex 2, 2.5.
ANNEX 6 - PART 11
CHAPTER 4. FLIGHT PREPARATION
AND IN-FLIGHT PROCEDURE3
4.1 Adequacy of operating facilities
The pilot-in-command shall not commence a flight unless it
has hen ascertained by every reasonable means available that
the ground andor water areas and facilities available and
directly required for such flight and for the safe operation of
the aeroplane are adequate, including communication facilities
and navigation aids.
Note+- "Reasonable means" in this Standard is intended
to denote the use, at the point of departure, of information
available to the pilot- in-command either through oficial
infomrion published by the aeronautical information
services or readily obtainable from other sources.
4.2 Aerodrome operating minima
The pilot-in-command shall not operate to or from an
aerodrome using operating minima lower than those which
may be established for that aerodrome by the State in which it
is located, except with the specific approval of that State.
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