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The Operation of Air Services ... Regulations 2009
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
PART 2U.K.Leased aircraft
Registration of aircraftU.K.
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 14 omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 8; 2020 c. 1, Sch. 5 para. 1(1)
Approval for and restriction on use of leased aircraftU.K.
15.—[F2(1)] The Secretary of State is the competent licensing authority for the purposes of granting an approval under Article 13(3) of the EC Regulation, for determining whether one of the conditions set out in Article 13(3)(b) is fulfilled and for the purposes of Article 13(4).
[F3(2) The provisions of Schedule 3 apply in relation to an appeal against a decision of the Secretary of State made pursuant to paragraph (1) as to whether one of the conditions in Article 13(3)(b) of the EC Regulation is fulfilled.]
Textual Amendments
F2Reg. 15(1): reg. 15 renumbered as reg. 15(1) (6.4.2013) by The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 (S.I. 2013/486), regs. 1, 37(3)
F3Reg. 15(2) inserted (6.4.2013) by The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 (S.I. 2013/486), regs. 1, 37(4)
16.— [F4(1)] The CAA is the competent licensing authority for the purposes of granting safety approvals in accordance with Article 13(2) and for the purposes of Article 13(3)(a) of the EC Regulation.
[F5(2) The provisions of Schedule 4 apply to the conduct and procedure of the CAA for the purposes of exercising the functions conferred on it by paragraph (1).]
Textual Amendments
F4Reg. 16(1): reg. 16 renumbered as reg. 16(1) (6.4.2013) by The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 (S.I. 2013/486), regs. 1, 37(5)
F5Reg. 16(2) inserted (6.4.2013) by The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 (S.I. 2013/486), regs. 1, 37(6)
17.—(1) Save as provided in paragraph (3), where this paragraph applies the CAA must, subject to any conditions it thinks fit, issue an approval to an air carrier that holds an operating licence that it has granted.
(2) Paragraph (1) applies where such an air carrier intends to enter into—
(a)a dry lease agreement as lessor,
(b)a dry lease agreement as lessee in circumstances where the CAA is satisfied that the aircraft may be used safely, or
(c)a wet lease agreement in respect of an aircraft registered in [F6the United Kingdom or] the Community as lessee with a [F7UK air carrier or a] Community air carrier.
[F8(2A) In paragraph (2)(c), “Community air carrier” has the meaning given by Article 2(11) of Regulation (EC) 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community, as it has effect in EU law.]
(3) No approval is required under paragraph (1) where the CAA is required to approve the use of an aircraft pursuant to [F9Annex II of Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council].
Textual Amendments
F6Words in reg. 17(2)(c) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 17(2)(c) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Reg. 17(2A) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(b); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 17(3) substituted (9.1.2019) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(3), Sch. 1 para. 9(c)
18.—(1) Subject to paragraph (2), an operating licence is not valid for the purpose of enabling an air carrier that holds an operating licence granted by the CAA to use an aircraft that is not registered [F10in the United Kingdom].
(2) Paragraph (1) does not apply where—
(a)a [F11UK air carrier] has obtained prior approval for the use of an aircraft pursuant to a dry lease agreement or a wet lease agreement in accordance with regulation 17 or Article 13 of the EC Regulation, or
(b)by virtue of regulation 17(3) an approval is not required.
Textual Amendments
F10Words in reg. 18(1) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 10(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in reg. 18(2) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 10(b); 2020 c. 1, Sch. 5 para. 1(1)
Offences relating to leased aircraftU.K.
19. An air carrier which without reasonable excuse fails to obtain the necessary approval for the use of a leased aircraft is guilty of an offence.
20. An air carrier which without reasonable excuse fails to comply with conditions of any necessary approval is guilty of an offence.
21. For the purposes of regulations 19 and 20 the necessary approval is the approval specified in regulation 17 or in Article 13(3) of the EC Regulation.
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