Subpart A - General

39.1 Purpose

(a) This Part details the requirements governing aircraft registered in the Territory and issued with an airworthiness certificate under OTAR Part 21 Subpart E and any aeronautical product associated with those aircraft.

(b) The holder of an air operator’s certificate or the owner or lessee of an aircraft above 2,700 kg MTOM shall have arrangements for continued airworthiness management in accordance with the requirements of Subpart E of this OTAR Part.

(c) The requirements of this OTAR Part cover the grant and renewal of continued airworthiness inspection programmes and management approvals. These are the approval options under this OTAR Part:

(1) Subpart E Option 1: the approval of an organisation based on the acceptance of the European Aviation Safety Agency (EASA) requirements of Part M Subpart G and the EASA regulatory oversight of that organisation.

(2) Subpart E Option 2: the approval of an organisation that does not hold an approval identified in paragraph 39.1(c)(1).

(d) Subpart F is a standard of continued airworthiness management required for Territory-registered aircraft operating under a foreign air operator certificate and subject to an ICAO Article 83bis agreement with the Territory.

(e) Throughout this OTAR Part reference is made to the options identified in paragraph 39.1(c)(1) and (2). The options are not at the discretion of an applicant but are routes that depend on the existing approval status of an organisation and are determined by the Governor.

(f) These requirements are not in themselves Law. Failure to comply may not constitute an offence. However, the requirements 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 an approval; or

(4) result in action to suspend or revoke an approval.

(g) The Order details the legal obligations governing the continued airworthiness of aircraft on the Territory’s register. 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 Requirements are the means by which the operator or maintenance organisation will be able to satisfy the Governor as to the fulfilment of the obligations in respect of continued airworthiness and the entitlement of the holder to hold and exercise the privileges of a certificate, licence or approval.

(h) Other OTAR Parts, in addition to that referred to in this Part, 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 OTACs within it can be viewed on the ASSI website www.airsafety.aero. OTACs relevant to this Part can be viewed at: http://www.airsafety.aero/Requirements-and-Policy/OTACs.aspx.

(i) 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.

39.3 Definitions

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:

Principal Contract means a contract established to discharge all functional responsibilities of continued airworthiness management to an organisation appropriately approved under this OTAR Part.


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