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ANNEX 6 — PART III III-1-1 1/11/01
CHAPTER 1. GENERAL
Note 1.— Although the Convention on International Civil
Aviation allocates to the State of Registry certain functions
which that State is entitled to discharge, or obligated to
discharge, as the case may be, the Assembly recognized, in
Resolution A23-13 that the State of Registry may be unable
to fulfil its responsibilities adequately in instances where
aircraft are leased, chartered or interchanged — in
particular without crew — by an operator of another State
and that the Convention may not adequately specify the
rights and obligations of the State of an operator in such
instances until such time as Article 83 bis of the Convention
enters into force. Accordingly, the Council urged that if, in
the above-mentioned instances, the State of Registry finds
itself unable to discharge adequately the functions allocated
to it by the Convention, it delegate to the State of the
Operator, subject to acceptance by the latter State, those
functions of the State of Registry that can more adequately be
discharged by the State of the Operator. 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 affect either the
provisions of the Chicago Convention prescribing the duties
of the State of Registry or any third State. However, as
Article 83 bis of the Convention entered into force on
20 June 1997, such transfer agreements will have effect in
respect of Contracting States which have ratified the related
Protocol (Doc 9318) upon fulfilment of the conditions
established in Article 83 bis.
Note 2.— In the case of international operations effected
jointly with helicopters not all of which are registered in the
same Contracting State, nothing in this Part of the Annex
prevents the States concerned entering into an agreement for
the joint exercise of the functions placed upon the State of
Registry by the provisions of the relevant Annexes.
1.1 Compliance with laws,
regulations and procedures
1.1.1 The pilot-in-command shall comply with the
relevant laws, regulations and procedures of the States in
which the helicopter is operated.
Note 1.— Compliance with more restrictive measures, not
in contravention of the provisions of 1.1.1, may be required by
the State of Registry.
Note 2.— Rules covering flight over the high seas are
contained in Annex 2.
Note 3.— Information for pilots on flight procedure
parameters and operational procedures is contained in PANSOPS,
Volume I. Criteria for the construction of visual and
instrument flight procedures are contained in PANS-OPS, Volume
II. Obstacle Clearance criteria and procedures used in
certain States may differ from PANS-OPS, and knowledge of
these differences is important for safety reasons.
1.1.2 The pilot-in-command shall be responsible for the
operation and safety of the helicopter and for the safety of all
crew members, passengers and cargo on board, from the
moment the engine(s) are started until the helicopter finally
comes to rest at the end of the flight, with the engine(s) shut
down and the rotor blades stopped.
1.1.3 If an emergency situation which endangers the
safety of the helicopter 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.
1.1.4 The pilot-in-command shall be responsible for
notifying the nearest appropriate authority by the quickest
available means of any accident involving the helicopter
resulting in serious injury or death of any person or substantial
damage to the helicopter or property.
Note.— A definition of the term “serious injury” is
contained in Annex 13.
1.1.5 Recommendation.— The pilot-in-command should
have available on board the helicopter essential information
concerning the search and rescue services in the areas over
which it is intended the helicopter will be flown.
1.2 Dangerous goods
Note 1.— Provisions for carriage of dangerous goods are
contained in Annex 18.
23/11/06
　
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