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Regulation OTAR Part 125 - Complex General Aviation

Regulation

GENERAL REGULATION INFORMATION
Number OTAR Part 125
Name Complex General Aviation
Description

REGULATION ITEMS BY SECTION

ALL All
Reference Description
OTAR.125.1 Applicability
Where the approval of the Governor is required for general aviation operations using aircraft registered in
the Territory, the operator shall:
(a) hold an approval as described in Appendix A to this Part; and
(b) ensure that the requirements of Part 91 and this Part are applied to:
(1) an aeroplane with MTOM exceeding 5,700 kg;
(2) an aeroplane equipped with one or more turbojet engines;
(3) an aeroplane with a maximum approved passenger seating configuration of more than
9;
(4) a helicopter with MTOM exceeding 3,175 kg;
(5) a helicopter with a maximum approved passenger seating configuration of more than
5;
(6) three or more aircraft operated by an operator with pilots employed or engaged for the
purpose of flying the aircraft; or
(7) any other general aviation operation specified by the Governor.

OTAR.125.5 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 or renewal of an approval, certificate or licence; or
(4) result in action to suspend or revoke an approval, certificate or licence.
(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 an approval indicates only that the holder is considered competent to secure the
safe operation of an aircraft. The possession of such a document does not relieve the 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.125.15 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.125.45 Documents to be carried
(a) Notwithstanding 91.45, the operator shall ensure that the following documents are carried on
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