Deviations from the flight plan Sample Clauses

Deviations from the flight plan. 1. Deviations from the flight plan shall be permitted during the observation flight if necessitated by: (A) weather conditions affecting flight safety; (B) technical difficulties relating to the observation aircraft; (C) a medical emergency of any person on board; or (D) air traffic control instructions related to circumstances brought about by force majeure. 2. In addition, if weather conditions prevent effective use of optical sensors and infra-red line-scanning devices, deviations shall be permitted, provided that: (A) flight safety requirements are met; (B) in cases where national rules so require, permission is granted by air traffic control authorities; and (C) the performance of the sensors does not exceed the capabilities specified in Article IV, paragraph 2, unless otherwise agreed. 3. The observed Party shall have the right to prohibit the use of a particular sensor during a deviation that brings the observation aircraft below the minimum height above ground level for operating that particular sensor, in accordance with the limitation on ground resolution specified in Article IV, paragraph 2. In the event that a deviation requires the observation aircraft to alter its flight path by more than 50 kilometres from the flight path specified in the flight plan, the observed Party shall have the right to prohibit the use of all the sensors installed on the observation aircraft beyond that 50-kilometre limit. 4. The observing Party shall have the right to curtail an observation flight during its execution in the event of sensor malfunction. The pilot-in-command shall have the right to curtail an observation flight in the event of technical difficulties affecting the safety of the observation aircraft. 5. In the event that a deviation from the flight plan permitted by paragraph 1 of this Section results in curtailment of the observation flight, or a curtailment occurs in accordance with paragraph 4 of this Section, an observation flight shall be counted against the quotas of both States Parties, unless the curtailment is due to: (A) sensor malfunction on an observation aircraft provided by the observed Party; (B) technical difficulties relating to the observation aircraft provided by the observed Party; (C) a medical emergency of a member of the flight crew of the observed Party or of flight monitors; or (D) air traffic control instructions related to circumstances brought about by force majeure. In such cases the observing Party shall have the right to ...

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