Page 112 - Overseas Territories Aviation Requirements Consolidated - Total AOC

Regulation OTAR Part 121 - CAT - Large Aeroplanes

Regulation

GENERAL REGULATION INFORMATION
Number OTAR Part 121
Name CAT - Large Aeroplanes
Description

REGULATION ITEMS BY SECTION

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Reference Description
OTAR.121.1 Applicability
For commercial air transport operations using aircraft registered in the Territory the operator shall:
(a) hold an air operator’s certificate as described in Part 119; and
(b) ensure that the requirements of Part 91 and this Part are applied to:
(1) an aeroplane having a maximum approved passenger seating configuration of more
than 19, or a MTOM of more than 5,700 kg.
OTAR.121.5 Purpose
(a) These Requirements are not in themselves Law. Failure to comply may not constitute an
offence. However, the Requirements repeat or reproduce many of the provisions of the Air
Navigation (Overseas Territories) Order 2013 (“the Order”), including the Rules of the Air set out
in Schedule 4 to the Order. Therefore, failure to comply with these Requirements may:
(1) constitute a breach of one or more provisions of the Order; and
(2) result in proceedings for breaches of the Order; or
(3) result in the refusal of an application for renewal of a certificate or approval; or
(4) result in action to suspend or revoke a certificate or approval.
(b) The Order details the legal obligations governing particular aviation operations. The Order
specifies these obligations in rather general terms, therefore there is a provision in article 5 to the
Order which requires the Governor to publish Requirements to augment, amplify and detail more
precisely the manner in which these obligations shall be met. The Requirements are the means
by which the operator will be able to satisfy the Governor as to the fulfilment of the obligations in
respect of the activity or their entitlement to hold a certificate, licence or approval.
(c) The issue of a certificate or approval indicates only that the holder is considered competent to
secure the safe operation of aircraft. The possession of such a document does not relieve the
operator of an aircraft, or the pilot-in-command, from the responsibility for compliance with the
Order and any other legislation in force. Neither does it relieve them of their responsibility for the
safe conduct of any particular flight, as the ultimate responsibility for the safety of flight operations
always rests with the operator and the pilot-in-command.
OTAR.121.15 Laws, requirements and procedures
The operator shall ensure that all flight crew are familiar with and comply with the laws, regulations and
procedures necessary to a flight, including but not limited to the following:
(a) the appropriate provisions of the Order; and
(b) the Overseas Territories Aviation Requirements; and
(c) any applicable conditions on the operator’s approval; and
(d) the procedures specified in the operator’s required documentation; and
(e) such laws, regulations and procedures that may be relevant in those States in which the
operation is to be conducted, including in particular those flight procedures and obstacle
clearance criteria that may differ from those established by PANS-OPS; and
(f) procedures required at any aerodrome planned to be used as a destination or as an alternate,
and procedures for air navigation facilities relating to such aerodromes.
OTAR.121.35 Aircraft airworthiness
The operator shall ensure that each aeroplane operated has a valid certificate of airworthiness.
OTAR.121.45 Documents to be carried
(a) Notwithstanding 91.45, the operator shall ensure that the following documents are carried on
each flight:
(1) the valid certificate of airworthiness; and
(2) the flight crew licences of each member of the flight crew; and
(3) the aircraft radio station licence; and
(4) a noise certification document, in compliance with OTAR Part 36; and
(5) a certified true copy of the air operator’s certificate, including a copy of the relevant
approvals, authorisations, conditions and limitations; and
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