Principles of Aviation Regulation in the UK Overseas Territories (OTs)
Civil Aviation in the United Kingdom Overseas Territories (OT) is governed by legislation (principally the Air Navigation (Overseas Territories) Order (AN(OT)O) and International Conventions and Standards (principally those published by the International Civil Aviation Organisation) with which the United Kingdom, as a State, has agreed to comply. The Civil Aviation Overseas Territories Act 1949 (as extended to the Overseas Territories) provides the framework for Governors’ regulatory powers. The Act also enables the Air Navigation (Overseas Territories) Order to be made to permit the Governor to exercise his/her regulatory obligations, either directly or through a Designated person or organisation. The Order and other Statutory Instruments can be downloaded from the UK Government legislation website.
Find out more about legislation relating to air safety in the Overseas Territories.
Legislation for Consultation
Amendments to the Air Navigation (Overseas Territories) Order (AN(OT)O), and the introduction of the Overseas Territories Aviation Requirements (OTARs) require the co-operation of the Overseas Territories (OT) Director of Civil Aviation (DCA) and the civil aviation industry. Find out more about Legislation for consultation.
Overseas Territories Aviation Requirements (OTARs)
ASSI publishes the OTARs on behalf of Governors of the Overseas Territories (OTs) in support of the Governor’s powers contained in the Air Navigation (Overseas Territories) Order - the AN(OT)O. OTARs provide details of means of compliance with the AN(OT)O which are acceptable to Governors, ASSI and the United Kingdom Government. They describe the way in which aircraft operators, aviation personnel and providers of services can gain approvals and licences, and the process through which these are maintained to ensure adequate levels of safety and internationally-agreed standards are met. They are not intended to supersede or conflict with statutory requirements, and so the obligation to comply with statutory requirements remains. The appropriate authority may accept an alternative means of compliance, provided that the applicant can show that the level of safety will not be reduced below that intended by the requirement. OTAR Part numbers have been allocated because of industry familiarity with the topics and numbering but do not assume that an approval under an OTAR Part equates to an approval under a similarly numbered requirement of another regulatory system or vice versa. They are live requirements and will change over time in response to a variety of factors. This may necessitate re-approval in some cases but, if so, a reasonable period of notification will normally be given.
Overseas Territories Aviation Circulars (OTACs)
Overseas Territories Aviation Circulars (OTACs) are designed to complement the OTARs by providing additional information and guidance on how to meet the requirements. They also provide a means of communicating with the aviation industry on regulatory matters more generally.
The Policies are intended for the use and guidance of regulatory staff of the Territories and for the staff of ASSI. They are key documents controlling the process of regulation in the Territories and are equally applicable throughout the Territories. Find out more about the Policies.
State Safety Programme
The nature of civil aviation across the UK OTs varies in the type and scale of operations. Due to the differences geographically, there are many regional influences and relationships that differ from the UK and Europe. Notably the UK OTs are not part of the European Union and so do not adopt European Aviation Safety Agency (EASA) regulations. Therefore, although part of the overall UK SSP, it is more practicable for each Territory to devise an SSP to address the safety needs of their civil aviation. Therefore each UK OT has their own SSP. Find out more about the UK State Safety Programme.
The designated regulator may issue Instructions under Article 41 of the AN(OT)O in respect of the operation and safety of aircraft registered in the Territory or of an aircraft in or over the Territory and the safety and security of persons and property carried or in respect of the instruments and equipment to be installed. Find out more about Instructions issued by ASSI.
The designated regulator may grant an Exemption against specific provisions of the Air Navigation (Overseas Territories) Order. An applicant for an Exemption should provide an appropriate risk assessment relevant to the situation for which the Exemption is sought and a description of the manner in which the risks will be mitigated in accordance with its safety management system, where applicable. Find out more about the Exemptions issued by ASSI.
Accident Investigation Regulations
Under the Civil Aviation Action 1982 (Section 75) as extended to the Territories, Governors are required to make regulations for the investigation of accidents in their respective Territories. Find out more about the Regulations made in each Territory.
An Impact Assessment (previously called a Regulatory Impact Assessment) is an assessment of the effect of policy options in terms of costs, benefits and risks of a proposal. Find out more about the Impact Assessments (IAs) published by ASSI.
ICAO State Letters Update
The ICAO State Letters Update contains information about progress of translating changes to ICAO Annexes into OTAR requirement or including them in the law