The UK Civil Aviation Act 1949 (Overseas Territories) Order 1969 provides for the making of secondary legislation.
The Air Navigation (Overseas Territories) Order 2007 (hereinafter referred to as the AN(OT)O) is the highest level of civil aviation regulation applicable in the Overseas Territories. Last amended on 9 January 2008, it encompasses all civil aviation-related fields and introduces detailed provisions to enable the implementation of the ICAO SARPs in the Overseas Territories.
The Governor of each Overseas Territory may publish ―the requirements which he considers relevant to determining his satisfaction in respect of those matters in the publication issued in the Territory concerned known as ―OTARs (Overseas Territories Aviation Requirements).
The Governor may designate ―a person to carry out his functions on the regulation and safety oversight of civil aviation in its Overseas Territory, and that before making, revoking or varying a designation, he shall ― consult with, and take into account any advice given by ASSI.
Air Safety Support International Ltd (ASSI) is responsible for drafting amendments of the AN(OT)O. Accordingly, ASSI has established internal procedures for amending the AN(OT)O, including measures to ensure that relevant responses and views are solicited from technical specialists and the Overseas Territories’ industry
Amendments to the AN(OT)O are mostly driven by amendments to the Annexes to the Chicago Convention.
The amendment process begins with preparation of the draft amendment of the AN(OT)O by ASSI. The draft legislation is then examined and adopted by the Foreign and Commonwealth Office (FCO) of the UK Government and presented to the Privy Council for signature and subsequent placement in the Houses of Parliament
It becomes effective 21 days after signature.
Normally, the amendment process takes several months depending on the complexity and scope of the draft legislation, but in urgent cases, an amendment can be adopted within a few weeks.
The amended AN(OT)O is published by the Office of Public Sector Information (OPSI), and is also available on the OPSI website (http://www.opsi.gov.uk) as well as on the ASSI website (http://www.airsafety.aero).
ASSI inspectors are provided with detailed credentials, which make reference to the empowering legislation. In addition, various articles of the AN(OT)O provide for enforcement actions to be taken in the Overseas Territories, with the related policies and procedures put in place by ASSI for this purpose.
The designated regulator in each Overseas Territory may grant an exemption against specific provisions of the AN(OT)O. To apply for an exemption, an applicant should provide an appropriate risk assessment relevant to the situation for which the exemption is sought and a description of the manner in which the risks will be mitigated in accordance with its safety management system (SMS), where applicable.
Exemptions issued by ASSI are published on its website. In addition, it is the policy of Governors of Overseas Territories, on behalf of the United Kingdom, to make reference to the OTARs when exercising their discretionary powers.
In particular, Governors and those designated by them will normally exercise these powers to ensure the effective implementation of ICAO SARPs.
Overseas Territories may enter into agreements with ICAO Contracting States under the provisions of Article 83 bis of the Chicago Convention if so authorized by the UK Government.
Continued Airworthiness Management Organisation Approvals – Example Bermuda.
All owners/operators of Bermuda registered aircraft above 2,700 kg Maximum Takeoff Mass must have arrangements for continued airworthiness management, either by holding an approval to the requirements of OTAR Part 39, or by contracting an organisation that holds such an approval.
OTAR Part 39 has three approval options:
Subpart E Option 1: Acceptance of an approval granted by EASA under Part M Subpart G.
Subpart E Option 2: Direct approval by the BCAA of an organisation that does not hold an approval granted by EASA under Part M Subpart G.
OTAR 39 Subpart F: Organisations responsible for airworthiness management of Bermuda registered aircraft operating under an ICAO Article 83bis agreement with another state must be authorised in accordance with OTAR 39 Subpart F.
OTAR Part 39 – Example Cayman
OTAR Part 39 details all requirement aspects of airworthiness management.
It is a requirement for an operator of an aircraft registered on the Cayman Islands aircraft register to be compliant with the applicable requirements of OTAR Part 39. For the majority of cases applicability of this requirement is extensive.
However it should be understood that we administer this requirement proportionately to the needs of the aircraft, we aim not to complicate or burden with the weight of requirements that are not applicable by individual case.
Primarily, an organisation approved to the requirements of OTAR Part 39 shall by contract if appropriate provide airworthiness management services.
The aim is to establish functional responsibility of undertaking all applicable airworthiness management activities.
We have a requirement for a person to be nominated by the operator to establish and maintain arrangements for compliance to OTAR Part 39.
This person for non-commercial operations is known as the Technical Coordinator. Similarly for an AOC Operator, a person should be nominated in position Post Holder Airworthiness.
Sofema Aviation Services www.sassofia.com offers regulatory training across a wide range of jurisdictions including Overseas Territories Aviation Requirements. If you would like further information please see our website or email office@sassofia.com
