Civil Aviation Act · 2024 Revised Edition · Part · Aircraft Operations
17. Rules of Air
Official textFrom Attorney General's Chambers, unchanged
The Director shall, with the approval of His Majesty the Sultan and Yang Di-Pertuan, makes Rules of the Air Regulations governing the operation of aircraft in flight applicable within Brunei Darussalam, provided that such Regulations shall be in compliance with Annex 2 to the
Director
“Director” means the Director of the Department, appointed under section 6;
Chicago Convention and with the Standards and Recommended Practices.
Chicago Convention
“Chicago Convention” means the Convention on International Civil Aviation drawn up at Chicago and signed by the United Kingdom on Civil Aviation behalf of Brunei Darussalam on the 7th December 1994 and adopted by Brunei Darussalam in 1984, and includes any amendments and additions thereto as may be adhered to by Brunei Darussalam;
The provisions of the regulations relating to registration and marking of aircraft, log books and personnel licensing do not apply to foreign aircraft and personnel when flying over Brunei Darussalam, provided that the certificates, licences and log books issued by the responsible authority of the country or territory in which the aircraft is registered are carried and produced for inspection as and when required by an authorised person.
regulations
“regulations” means any regulations made under this Act or under the Air Navigation Act (repealed by the Civil Aviation Order, 2006) and preserved by section 54(2);
The Director shall establish the conditions for the issue of an air operator’s certificate which, pursuant to terms of the Rules of the
Air Regulations, provides the terms under which an aircraft may be operated in Brunei Darussalam.
aircraft
“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
No foreign State aircraft shall fly over or land in
State aircraft
“State aircraft” means an aircraft used exclusively in the service of any government or of any political sub-division thereof, including a municipal government, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes; and for the purposes of this definition,
Brunei Darussalam, except after receiving a written invitation or diplomatic clearance from the Minister of Foreign Affairs.
Minister
“Minister” means the Minister for Communications and Information Technology;
Every State aircraft flying in civil airspace and at civil aerodromes shall adhere to the Rules of the Air Regulations.
Rules of the Air Regulations
“Rules of the Air Regulations” means the regulations of that citation made by the Minister under this Act;
Terms defined in s 2
aircraft
Defined · s 2“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
authorised person
Defined · s 2“authorised person” means a person acting for or on behalf of the Director in respect of all or any of the powers conferred on to him under regulations;
Chicago Convention
Defined · s 2“Chicago Convention” means the Convention on International Civil Aviation drawn up at Chicago and signed by the United Kingdom on Civil Aviation behalf of Brunei Darussalam on the 7th December 1994 and adopted by Brunei Darussalam in 1984, and includes any amendments and additions thereto as may be adhered to by Brunei Darussalam;
Director
Defined · s 2“Director” means the Director of the Department, appointed under section 6;
foreign aircraft
Defined · s 2“foreign aircraft” means an aircraft which is registered in a country or territory other than Brunei Darussalam;
in flight
Defined · s 2“in flight” means — (a) in the case of a piloted aircraft, from the moment when, after the crew has embarked in order to take-off, it first moves under its own power until the moment when it next comes to rest after landing; (b) in the case of a pilotless aircraft (including a glider), from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing; (c) in the case of an airship or free balloon, from the moment when it becomes detached from the surface until the moment when it becomes attached thereto or comes to rest;
Minister
Defined · s 2“Minister” means the Minister for Communications and Information Technology;
operation of aircraft
Defined · s 2“operation of aircraft” means the use of aircraft for the purpose of air navigation, including the navigation of aircraft;
regulations
Defined · s 2“regulations” means any regulations made under this Act or under the Air Navigation Act (repealed by the Civil Aviation Order, 2006) and preserved by section 54(2);
Rules of the Air Regulations
Defined · s 2“Rules of the Air Regulations” means the regulations of that citation made by the Minister under this Act;
Standards and Recommended Practices
Defined · s 2“Standards and Recommended Practices” means the Standards and Recommended Practices as adopted from time to time by International Civil Aviation Organization pursuant to Article 37 of the Chicago Convention and published in the Annexes to that Convention;
State aircraft
Defined · s 2“State aircraft” means an aircraft used exclusively in the service of any government or of any political sub-division thereof, including a municipal government, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes; and for the purposes of this definition,
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