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.
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.
Are Permissions available to all operators?
In principle, yes. However, the UK policy is that operators who hold an Air Operator's Certificate (or equivalent) from a state whose regulatory authorities do not reach ICAO Standards are not eligible.
Is this a legal requirement?
Yes. Article 135 of the Air Navigation (Overseas Territories) Order 2013 (AN(OT)O), as amended, contains the requirement. Article 8 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 185 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.
Mr Karim Hodge, Permanent Secretary, Ministry of Infrastructure, Communications, Utilities and Housing, The Government of Anguilla, The Valley, Anguilla.
Telephone: +1 264 497 2651 Fax: +1 264 497 3651
The Director General, Bermuda Civil Aviation Authority, Channel House, 12 Longfield Road, Southside, St David's, DD03 Bermuda.
Telephone: +1 441 293 1640 Fax: +1 441 293 2417
British Virgin Islands
Ms Lydia Rubaine, Director of Operations (Ag), BVI Airports Authority, PO Box 4750, Road Town, Tortola, British Virgin Islands.
Telephone: +1 284 394 8000 Ext 9530 Fax: +1 284 852 9045
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
Director of Civil Aviation, Government Regulatory Services, Stanley Airport, Falkland Islands, FIQQ 1ZZ.
Telephone: + 500 28498 Fax: + 500 27276
Joseph Irish, Accountable Manager, John A Osborne Airport, Montserrat.
Telephone: +1 664 491 6218 Fax: +1 664 491 7688
St Helena, Ascension and Tristan da Cunha
Deputy Head of Civil Aviation, St Helena Government,
The Castle, Jamestown,
St Helena Island, South Atlantic Ocean, STHL 1ZZ.
Telephone: +290 22477
Please note: Operations to Ascension Island are subject to strict Prior Permission Only in addition to the normal requirements of Article 135. Non-military use of the aerodrome is restricted to scheduled charter flights to and from St Helena and emergency medical evacuations. In the circumstances, operators should contact the Administrator well in advance of any proposed flight to find out whether permission is likely to be granted. (The Administrator Ascension Island Government: Telephone: + 247 67000Email: email@example.com)
Turks and Caicos Islands
The Managing Director, Civil Aviation Authority, PO Box 1120, Hibiscus Square, Grand Turk, Turks and Caicos Islands.
Tel: +1 649 946 2137 Fax: + 1 649 946 1659
How do I get Permission?
You should apply to the appropriate authority specifying the details of the flight or flights and the Territory or Territories for which the Permission is required.