OTAR 119 - Air Safety Support International

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Air Operator Certification Part 119 Page 1Subpart A — General119.1 Purpose(a)(b)This OTAR Part is applicable to any air transport undertaking required tohold an air operator’s certificate under the Air Navigation (OverseasTerritories) Order, (“the Order”) and must be read in conjunction with otherOTAR Parts, in particular Part 91 and Part 121 or 135 according to thetype of aircraft operated as described in paragraph 119.103.These Requirements are not in themselves Law. Failure to comply maynot constitute an offence. However, the Requirements encompass manyof the provisions of the Order, including the Rules of the Air set out inSchedule 8 to the Order. Therefore, failure to comply with theseRequirements may:(1) constitute a breach of the Order; and(2) result in proceedings for breaches of the Order; or(3) result in the refusal of an application for the grant or renewal of acertificate or licence; or(4) result in action to suspend or revoke a certificate.(c)(d)(e)The Order details the legal obligations governing the operation andpiloting of aircraft, the planning and preparation for flight, and themaintenance and equipment of aircraft. The Order specifies theseobligations in rather general terms, therefore there is a provision in Article152 to the Order which requires the Governor to publish Requirements toaugment, amplify and detail more precisely the manner in which theseobligations shall be met. The Requirements are the means by which theoperator will be able to satisfy the Governor as to the fulfilment of theobligations in respect of the operation of an aircraft or their entitlement tohold a certificate.The issue of a certificate indicates only that the holder is consideredcompetent to secure the safe operation of aircraft. The possession of sucha document does not relieve the operator of an aircraft, or the pilot-incommand,from the responsibility for compliance with the Order and anyother legislation in force. Neither does it relieve them of their responsibilityfor the safe conduct of any particular flight, as the ultimate responsibilityfor the safety of flight operations always rests with the operator and thepilot-in-command.Other OTAR Parts, in addition to those referred to in paragraph 119.1(a),may impinge upon activities conducted under this Part. In particular, Part1 contains definitions which apply, unless otherwise stated, to all Parts. Afull list of OTAR Parts, a description of the legislative structure and theplace of OTARs and OTACs within it can be viewed on the ASSI websitewww.airsafety.aero. OTACs relevant to this Part can be viewed at:http://www.airsafety.aero/legislation_and_otar_s/otac_s/.Air Safety Support International (ASSI) Issue 7 Overseas Territories Aviation Requirements
Air Operator Certification Part 119 Page 2(f)References to the Governor in this OTAR Part mean the regulatordesignated by the Governor of the Territory to exercise his functions underthe Order.119.11 Requirement for certificate(a)(b)Each person having operational responsibility for a commercial airtransport operation shall hold, and comply with, an air operator’scertificate issued under this OTAR Part, and any specified authorisations,conditions and limitations as may be specified therein.For the purpose of paragraph 119.11(a) a person has operationalresponsibility for a commercial air transport operation if the person hasresponsibility for two or more of the following functions:(1) determining whether the operation may be operated safely;(2) assigning crew members for the operation;(3) employing, contracting, or otherwise engaging crew members for theoperation;(4) making a decision to vary the operation, other than a decision by thepilot-in-command taken on the grounds of safety.119.13 Application for certificateEach applicant for the grant of an air operator’s certificate shall complete anapplication form that shall require:(a)(b)(c)(d)the name and address of the applicant in the Territory; andthe details required by paragraph 119.21(b), for the operationsspecifications; andthe operations manual required by paragraph 119.67 for an air operator’scertificate in accordance with the provisions of OTAR Parts 121 or 135;andsuch further particulars relating to the applicant as may be required by theGovernor or as indicated on the form;and submit it to the Governor, not less than 90 days before the date of intendedoperation, unless a shorter period is acceptable to the Governor.119.15 Issue of certificate(a)Each applicant for the grant of an air operator’s certificate is entitled to anair operator’s certificate if the Governor is satisfied that:(1) the applicant’s principal place of business is located within theTerritory; andAir Safety Support International (ASSI) Issue 7 Overseas Territories Aviation Requirements
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OTAR 119 - Air Safety Support International

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