Subpart A - General
(a) The requirements of this Part cover:
(1) the maintenance of aircraft which are required to have a certificate of airworthiness issued under OTAR Part 21 Subpart E; and
(2) the release to service after maintenance of aircraft which are required to have a certificate of airworthiness issued under OTAR Part 21 Subpart E; and
(3) the maintenance and arrangements for the release for flight of aircraft operating under a Permit to Fly.
(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 general maintenance requirements in rather general terms, therefore there is a provision 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 will be able to satisfy the Governor as to the fulfilment of the obligations in respect of maintenance of an aircraft on the Territory’s register or their entitlement to hold a certificate, licence or approval.
(d) The issue of a certificate, licence or approval indicates only that the holder is considered competent to secure the safe maintenance of aircraft. The possession of such a document does not relieve the operator 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 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.