OpenLegislation

Article 94 Issue of air operator’s certificateI1

United Kingdom

(1)

An aircraft registered in the Territory must not fly on any flight for the purpose of commercial air transport except under and in accordance with the terms of an air operator’s certificate granted to the operator of the aircraft under paragraph (2)F1....

(2)

The Governor must grant an air operator’s certificate to an operator, having its principal place of business in the Territory, upon being satisfied that the applicant is competent to secure the safe F2and secure operation of aircraft of the types specified in the certificate on flights of the description and for the purposes specified, having regard in particular to the applicant’s—

(a)

previous conduct and experience;

(b)

equipment;

(c)

organisation and staffing; and

(d)

maintenance F3, security and other arrangements.

(3)

The operator of an aircraft to which this article applies must establish and maintain to the satisfaction of the Governor a safety management system appropriate to the size and complexity of the operation.

F4(3A)

The operator of an aircraft to which this article applies must establish, implement and maintain a security programme that meets the specified requirements for security for commercial air transport aircraft.

(4)

For the purposes of this article “principal place of business” means the primary location from which flight operations and maintenance management and control are exercised; where the majority of the operational and safety-related records are kept and at which accountable managers are based.

(5)

A person must not hold himself or herself, or any other person, out as being a person who may offer flights on an aircraft registered in the Territory for the purpose of commercial air transport unless the person, or that other person (as the case may be), holds a valid air operator’s certificate granted under this article.

Annotations

Textual amendments

F1

Words in art. 94(1) omitted (1.4.2015) by virtue of The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 7(1)

F2

Words in art. 94(2) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 7(2)(a)

F3

Word in art. 94(2) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 7(2)(b)

F4

Art. 94(3A) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 7(3)

Commencement

I1

Art. 94 in force at 1.1.2014, see art. 1