Subpart A - General
(a) This Part details requirements governing the issue of a Type Acceptance Certificate, Certificate of Airworthiness, Permit to Fly and Export Certificate of Airworthiness. It also covers the requirements for the issue of documents for the design, certification, modification and repair of aircraft, aircraft engines, propellers, components, and appliances to permit their use in aircraft registered in the Territory and including documentation for the export of such aircraft.
(b) These Requirements are not in themselves Law. Failure to comply may not constitute an offence. However, the Requirements repeat or reproduce many of the provisions of the Air Navigation (Overseas Territories) Order (“the Order”). Therefore, failure to comply with these Requirements may:
(1) Constitute a breach of the Order; and
(2) Result in proceedings for breaches of the Order; or
(3) Result in the refusal of an application for renewal of a certificate or licence; or
(4) Result in action to suspend or revoke a certificate or licence.
(c) The Order details the legal obligations governing the issue of a Type Acceptance Certificate, Certificate of Airworthiness, Permit to Fly and other matters relating to the airworthiness of Territory registered aircraft. The Order specifies these obligations in rather general terms, therefore there is a provision in the Order which requires the Governor to publish Requirements to augment, amplify and detail more precisely the manner in which these obligations shall be met. The Order also permits the Governor to issue and published in respect of the operation and safety of aircraft and the safety of persons and property carried therein. The Requirements are the means by which the operator or approved organisation will be able to satisfy the Governor as to the fulfilment of its obligations in respect of the operation and maintenance of an aircraft or their entitlement to hold a certificate, licence or approval or the entitlement of the holder to hold and exercise the privileges of a certificate, licence or approval.
(d) The issue of a licence, certificate or approval indicates only that the holder is considered competent to secure the safe operation or maintenance of aircraft. The possession of a Certificate or Permit does not relieve the operator, owner of an aircraft or the pilot-in-command from the responsibility for compliance with the Order and any other legislation in force. Neither does it relieve them of their responsibility for the safe conduct of any particular flight, as the ultimate responsibility for the safety of flight operations always rests with the operator and the pilot-in-command.
(e) Other OTAR Parts may impinge upon activities conducted under this Part. In particular, Part 1 contains definitions which apply, unless otherwise stated, to all Parts. A full list of OTAR Parts, a description of the legislative structure and the place of OTARs and Overseas Territory Aviation Circulars (OTACs) within it can be viewed on the ASSI website www.airsafety.aero. OTACs relevant to this Part can be viewed at: https://www.airsafety.aero/Requirements-and-Policy/OTACs.aspx.
(f) References to the Governor in this OTAR Part mean the regulator designated by the Governor of the Territory to exercise his functions under the Order.
Definitions, in the context of this Part of the OTARs shall have the meanings listed in OTAR Part 1 (Definitions, Abbreviations and Units of Measurement); except that:
With regard to Certificates of Airworthiness:
Validity refers to the certification conditions which an aircraft must meet and the periodicity of which a Certificate of Airworthiness is considered valid. It does not constitute an authority for flight unless the aircraft meets all the flight conditions of the valid C of A.
In force describes where a Certificate of Airworthiness is valid (has validity) and the conditions of the Certificate of Airworthiness have been satisfied for the particular flight.
Special Flight Permit refers to a specific permission for an aircraft to fly in State airspace, where its valid Certificate of Airworthiness or Permit to Fly is not in force for that flight or series of flights. For the purposes of Article 28 of the Order, a Special Flight Permit may be considered as a type of Permit to Fly issued by the Governor.
21.5 State of registry responsibilities
(a) The owner or, where it is leased, the lessee of an aircraft registered in the Territory shall notify the Governor of any known unsafe condition in accordance with provisions contained in OTAR Part 13.
(b) If it is found through service experience that changes to the Type Certificate or the Type Acceptance Certificate will contribute to the safety of the aircraft, the Governor will notify the State of Type Certification for the aircraft; and
(1) upon receipt of an associated report from the State of Type Certification make any appropriate changes to the Type Acceptance Certificate; and
(2) upon approval of any design change or inspection requirement by the State of Type Design, promulgate as a mandatory requirement data covering the change to all operators of the aircraft on the Territory register.