The Air Navigation (Overseas Territories) Order 2007

Continuing airworthiness

10.—(1) An aircraft registered in the Territory in respect of which a certificate of airworthiness is in force shall not fly unless—

(a) the aircraft’s continued airworthiness, (including that of its engines, equipment and radio station), is managed by a person or organisation approved by the Governor in accordance with a maintenance programme under a maintenance control manual or equivalent document approved by the Governor in relation to that aircraft; and

(b) all airworthiness directives or equivalent issued by the State responsible for the certification standard of the aircraft have been complied with; and

(c) all inspections required in respect of the aircraft under the provisions of this Order have been completed; and

(d) there is a flight manual or equivalent document that is carried on, and available in, the aircraft for use by the flight crew containing the limitations within which the aircraft is considered airworthy, together with such additional instructions and information as may be necessary to secure compliance with the specified performance and operational requirements relating to that aircraft.

(2) In the case of an aircraft registered in the Territory and operated for commercial air transport purposes by the holder of an air operator’s certificate issued under article 64 the operator having the control of the aircraft shall provide a maintenance control manual or equivalent document acceptable to the Governor in relation to that aircraft.

(3) For the purposes of this article a “maintenance control manual” means a manual established in respect of an aircraft describing how the operator of that aircraft or approved organisation will comply with the provisions of the approved maintenance programme and ensure the continuing airworthiness of that aircraft.

(4) The operator referred to in paragraph (2) shall appoint an accountable person, acceptable to the Governor on the basis of his training, qualifications and experience, who shall be responsible for controlling the management of the maintenance of the aircraft in accordance with the maintenance control manual.

(5) The operator, owner or, where an aircraft is leased, the lessee of an aircraft registered in the Territory of which the maximum total weight authorised exceeds 2,700kg and that is not operated for commercial air transport purposes by the holder of an air operator’s certificate issued under article 64 shall appoint a technical coordinator, acceptable to the Governor, who shall ensure that arrangements for continuing airworthiness are put in place in accordance with the Governor’s requirements.

(6) A person appointed as an accountable person under paragraph (4) or as a technical coordinator under paragraph (5) shall ensure and shall verify that—

(a) maintenance has been carried out on an aircraft in accordance with the maintenance programme approved for that aircraft;

(b) inspections and modifications required by the Governor as provided in article 8(5)(b) and (c) have been completed as certified in the relevant certificate of release to service issued under this Order;

(c) defects entered in the technical log of the aircraft in accordance with article 11 have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Governor; and

(d) certificates of release to service have been issued under this Order and for this purpose the operator of the aircraft shall make available to that person such information as is necessary; and

(e) any technical assessments required by the manufacturer of the aircraft or as specified by the Governor are undertaken and reports of the continued airworthiness status of the aircraft are provided in accordance with arrangements acceptable to the Governor.