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Air Navigation (Overseas Territories) Order

Find out more about the Air Navigation (Overseas Territories) Order.

Home » Policy and Information » Foreign Operator Permissions

Foreign Operator Permissions - Questions and Answers

Permission Required to Operate Commercial Flights to and from UK Overseas Territories in an Aircraft not Registered in a UK Overseas Territory or the UK (an Article 135 Permission)

Why do I need Permission?

In common with most countries, the UK Overseas Territories try to ensure that commercial flights operated into and out of their airports do so in accordance with the appropriate international regulations, and provide a good level of service when carrying passengers or cargo.

The Territories want to ensure that flights for their residents and visitors are suitable and safe. That is why one of the conditions of the Permission is that flights are operated in accordance with the requirements of the International Civil Aviation Organisation.

What are the Territories which require this Permission?

All the UK's Overseas Territories which are included on the following list:

  • Anguilla
  • Bermuda
  • British Virgin Islands
  • Cayman Islands
  • Falkland Islands
  • Montserrat
  • St Helena and Dependencies (which includes Ascension Island)
  • Turks and Caicos Islands

Who needs this Permission?

The operator of any aircraft which is:

a)  not registered in an Overseas Territory or the UK; and

b)  is carrying passengers or cargo, into, out of or within any UK Overseas Territory, for valuable consideration.

Amongst other things, valuable consideration includes payment in cash or kind or a contribution to the running costs of the aircraft.

If you are flying a private aircraft, and there is no element of commercial or financial benefit to you, then you do not need this Permission. Other Permissions may be necessary and the requirements can be obtained from the airport manager for the airport to which you intend to operate.

When did the requirement for a Permission start?

The requirement has existed for many years, and most operators routinely apply for, and are granted, the appropriate Permission. However, some operators are still flying into and out of the Territories carrying passengers or cargo without the Permission. Note the penalties below for contravening this requirement.

Are permits available to all operators?

In principle, yes. However, the UK policy is that operators who hold an Air Operators Certificate (or equivalent) from a state whose regulatory authorities do not reach ICAO Standards are not eligible. The list of affected states is published on the Department for Transport website.

States (or individual airlines) on this list will not be granted a Permission.

Is this a legal requirement?

Yes.

Article 135 of the Air Navigation (Overseas Territories) Order 2007 (AN(OT)O), as amended, contains the requirement.

Article 141 gives power to the Governor, or other authorised person (including staff of the individual Overseas Territory Departments of Civil Aviation and ASSI), the power to prevent a flight which is in contravention of the AN(OT)O.

Article 134 details the penalties which may be applied if a court finds you guilty of an offence. For a contravention of Article 135 the penalties are a maximum fine of 5000 Pounds Sterling (roughly US$10,000) or up to two years in prison or both.

How do I get Permission?

You should apply to the appropriate authority below, specifying the details of the flight or flights and the Territory or Territories for which the Permission is required, and supplying the supporting documentation listed below:

1.    For all Territories other than Bermuda or the Cayman Islands:

If you wish to operate a flight or series of flights over a period of more than 14 days:

Department for Transport
International Aviation and Safety Division 1
Great Minster House
76 Marsham Street
London
SW1P 4DR

Telephone:  + 44 (0) 20 7944 5849
Fax:  + 44 (0) 20 7944 2194

If you wish to operate a flight or series of flights over a period of 14 days or less:

Anguilla

Mr Larry Franklin
Permanent Secretary
Ministry of Communications Infrastructure Utilities and Housing
The Valley
Anguilla

Telephone:  + 1 264 497 2651
Fax:  + 1 264 497 3651
Email:  larryf@gov.ai

 
British Virgin Islands
Montserrat

(Applications for flights to the British Virgin Islands and Montserrat are currently being dealt with by ASSI and should therefore be addressed as follows.)

Manager Caribbean
Air Safety Support International
PMB 2109
PO Box 3252
Road Town
Tortola
BVI

Telephone: + 1 284 495 7139
Fax: + 1 284 495 7138
E-mail: enquiries@airsafety.aero

Falkland Islands

Director of Civil Aviation
Civil Aviation Department
Stanley Airport
Falkland Islands

Telephone: + 500 27300
Fax:  + 500 27302

St Helena and Dependencies (including Ascension Island)

Chief Operating Officer
Air Safety Support International
Northgate House
115 High Street
Crawley
RH10 1FY
UK

Tel: +44 1293 897002
Fax: +44 1293 897049

Please note:

Operations to Ascension Island are subject to strict Prior Permission Only in addition to the normal requirements of Article 135. In the circumstances, operators should contact the Administrator well in advance of the proposed flights to find out whether permission is likely to be granted.

The Administrator
Ascension Island

Telephone: + 247 7000
Fax:  + 247 6152

Turks and Caicos Islands

The Director
Civil Aviation Department
Grand Turk
Turks and Caicos Islands

Telephone: + 1 649 946 2137
Fax:  + 1 649 946 1185

2.    For Bermuda or the Cayman Islands:

Bermuda

The Director
Civil Aviation Department
Channel House
Longfield Road
St David's, DD03
Bermuda

Telephone: + 1 441 293 1640
Fax:  + 1 441 293 2417

Cayman Islands

The Director General
Civil Aviation Authority of the Cayman Islands
Unit 2, Cayman Grand Harbour
PO Box 10277
Grand Cayman, KY1-1003
Cayman Islands

Telephone: + 1 345 949 7811
Fax:  + 1 345 949 0761
E-mail: civil.aviation@caacayman.com

When should I apply?

For Permissions from the UK Department for Transport:

At least 7 days before the first flight you wish to operate.

For Permissions from individual Territories or ASSI:

Ideally, also a minimum of 7 days before the flight. We do recognise though that this amount of notice may not always be possible, and, where it is not, then please give us give the maximum notice possible. The relevant staff will always do their best to achieve what you want but if you give very short notice this may not always be possible.

What do I need to provide with my application?

Copies of the following documents will be required with your application. Some of the documents only apply to certain flights or aircraft and you should ensure you send all the documents required for your proposed operation(s).

ALL DOCUMENTS MUST BE PROVIDED IN ENGLISH

  1. Designation Note or Letter issued by the Government designating the airline likely to be required for scheduled services only.
  2. Air Operating Certificate (including the extract from the Ops Specs which indicate the geographical areas for which the Certificate is valid).
  3. Certificate of Insurance.
  4. Certificate of Airworthiness.
  5. Aircraft Registration Certificate.
  6. Aircraft Noise Certificate (where required by the state of registry or operation)
    Note: Items 3, 4 and 5 are required for each aircraft to be used for the service(s).
  7. A statement that there are no Dangerous Goods, weapons or munitions of war being carried on the flight(s).
    However, if dangerous goods are to be carried, the operator must provide evidence that it is approved by the appropriate authorities of the state of operator for the carriage of dangerous goods or an "exemption" issued by the state of operator.
    Note: Where it is proposed to carry dangerous goods then a minimum of 10 working days notice will be required and such applications may be subject to additional investigations and documentary requirements.
  8. A statement from the operator's Flight Operations Department that the airline is aware of the requirements of Article 76 of the Air Navigation (Overseas Territories) Order 2007 (Aerodrome Operating Minima).
    Additionally, the operator should confirm that its own Aerodrome Operating Minima have been filed with the relevant Director of Civil Aviation for the Territory or Territories concerned.
  9. If the aircraft is or are wet or dry leased, the following is required:
    - contact details (name, address, telephone, fax, telex) of the lessor airline
    - copy of the lease agreement
    - confirmation from the lessor airline of which of the airlines operations and flight manuals will be used (so that it is known for legal purposes which airline will be the "operator" of the aircraft).
  10. A statement that the aircraft are fitted with airborne collision avoidance system (ACAS) II version 7 (where required by paragraph 6.18 of ICAO Annex 6 Part 1 to the Chicago Convention).
  11. A statement that the aircraft comply with the FM immunity requirements in paragraph 3.1.4 of Vol.1 of Annex 10 to the Chicago Convention.
    Note that US Scheduled services are also required to provide a copy of their CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY issued by the US Department of Transportation.

In the case of short notice applications for short duration operations sent to the Overseas Territory authorities listed, then

a)  Items 1, 2, 3, 4, 5, 6 and 9 (as appropriate) should be sent by fax

b)  Items 7, 8, 10 and 11 may be be included in a single fax covering letter.

How will I know my Permission has been granted?

You will be sent (or faxed) a letter containing the Permission which may contain conditions on the number or method of operation of the flight(s). It will contain the requirement that all flight(s) under the Permission are carried out in a manner which meets, at minimum, relevant ICAO Standards and provisions of the appropriate Air Navigation (Overseas Territories) Order [see section on legal issues above].

Do I need to carry the Permission on the aircraft operating the flight(s)?

At the moment, there is no legal requirement to do so though this is being considered. However, it would be prudent to carry at least a copy of the Permission on the aircraft so that, in the event of a ramp check by regulatory personnel or a request for information (from the police or an airport operator for example), the matter can be settled quickly.

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