2. Interpretation

In this Act, unless the context requires —

“accident” means any unusual and unexpected situation or occurrence involving an aircraft in flight, or persons or property aboard such an aircraft, which results in serious personal injury, death or serious property damage, or which results in structural damage to or failure of the aircraft;

“aerodrome” means a defined area on land or water to be used wholly or in part, for the take-off, landing or movement of aircraft, and includes buildings installations and equipment in the area defined by the Minister, as well as, for the purposes of this Act, in the vicinity of that area;

“aerodrome authorities” means a person or enterprise owning or managing a duly licenced aerodrome;

“aeroplane” means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

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“air carrier” means an enterprise, being a citizen, engaged, directly or indirectly, in the carriage by air of persons, property and postal items or any of them for remuneration or hire;

“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;

“aircraft operator” means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

“air navigation service” includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service or aerodrome control service;

“air operator’s certificate” means a certificate issued under Part 6;

“air service” means the undertaking made by an air carrier or air transport enterprise to carry persons, property and postal items or any of them for remuneration or hire;

“air transport enterprise” means an enterprise engaged in or offering to engage in scheduled or non-scheduled public transport by air;

“appliances” means instruments, equipment, apparatus, parts, appurtenances or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines or propellers;

“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;

“certificate of airworthiness” means a required document for the operation of air services in Brunei Darussalam, the requirements for which are provided in Parts 3 and 4;

“charges” means, in relation to an aerodrome authority, those charges which that authority makes for the use of a licencsed aerodrome, which is managed by the Department;

“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;

“citizen” means an individual who is a citizen of Brunei Darussalam, a person to whom a Residence Permit has been granted under regulations made under the Immigration Act (Chapter 17) or a body corporate incorporated or registered in Brunei Darussalam under the

Companies Act (Chapter 39);

“civil aviation personnel” means any individual who carries out a civil aviation function, including but not limited to flight crew, aircraft maintenance workers, air traffic controllers and employees of an air carrier or airport;

“commander” means the pilot-in-command responsible for the safe operation of an aircraft and the safety of its occupants while the aircraft is in flight;

“Contracting State” means any state which is party to the

Chicago Convention by virtue of the signature of that state’s representative to the Convention and to the subsequent ratification by that State;

“contract of carriage” means the embodiment of the contractual relationship, in writing or otherwise agreed, establishing the consent of the air carrier or air transport enterprise to offer and perform an air transport service or air service, and the consent of the other party to that contract to accept such offer and performance;

“crew member” means the aircraft commander and other persons who are licensed to participate in the operation of the aircraft during flight;

“Department” means the Department of Civil Aviation;

“Director” means the Director of the Department, appointed under section 6;

“documents of carriage” means, with respect to the transport of passengers and luggage, the properly completed passenger ticket, baggage tags and luggage coupons; and, with respect to the transport of cargo, the air waybill or any other means which would preserve a record of the information containing an indication of the places of departure and destination, or in case place of departure and destination are within Brunei Darussalam and one or more scheduled stopping

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places are in a foreign state, an indication of at least one such stopping place;

“foreign air carrier” means an enterprise, not being carried on by a citizen, engaged, directly or indirectly, in the carriage by air of persons, property and postal items for remuneration or hire;

“foreign aircraft” means an aircraft which is registered in a country or territory other than Brunei Darussalam;

“International Civil Aviation Organization” means the International

Civil

Aviation

Organization established under the

Chicago Convention;

“incident” means any situation or occurrence, other than an accident, involving an aircraft in flight, or persons and property aboard such an aircraft, which presents a menace or danger to the safety of that aircraft, to persons or property aboard, to other aircraft or to any other persons or property, whether or not such menace or danger results in damage or injury;

“in flight” means —

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;

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;

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;