OpenLegislation

Division ART.235 Limitation, suspension and revocation of a

United Kingdom

Original text. Later amendments are not shown.

  1. (a)

    Without prejudice to any additional enforcement measures, the F1CAA shall take action to limit or suspend the authorisation in case of:

    1. (1)

      a level 1 finding;

    2. (2)

      verifiable evidence that the State of operator or State of registry, as applicable, is not capable to certify and oversee the operator and/or aircraft in accordance with the applicable ICAO standard; or

    3. (3)

      the third country operator being subject to F2an operating ban under any relevant enactment.

  2. (b)

    An authorisation shall be suspended for a maximum period of 6 months. At the end of the 6-month period the F3CAA may extend the suspension period for an additional 3 months.

  3. (c)

    The limitation or suspension shall be lifted when the CAA is satisfied that successful corrective action has been taken by the third country operator and/or the State of the operator.

  4. (d)

    In considering the lifting of a suspension the CAA shall conduct an audit of the third country operator when the conditions in ART.205(c) are met. In case the suspension is due to major deficiencies in the oversight of the applicant by the State of the operator or State of registry, as applicable, the audit may include an assessment with the aim to verify if these oversight deficiencies have been corrected.

  5. (e)

    The F4CAA shall revoke the authorisation when:

    1. (1)

      the period referred to in (b) has expired; or

    2. (2)

      the third country operator becomes subject to an operating ban F5under any relevant enactment.

  6. (f)

    If following a limitation referred to in (a) an operational restriction is imposed on the third country operator in accordance with F6any relevant enactment, the CAA shall maintain such limitation until the operational restriction has been withdrawn.

Annotations

Textual amendments

F1

Word in Annex 2 Point ART.235 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Annex 2 Point ART.235(a)(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Annex 2 Point ART.235(b)-(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Annex 2 Point ART.235(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(iv)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Annex 2 Point ART.235(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(iv)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Annex 2 Point ART.235(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 378(3)(e)(v) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)