The Air Navigation (Overseas Territories) Order 2007

Requirement for a certificate of release to service

12.—(1) This article applies to any aircraft registered in the Territory in respect of which a certificate of airworthiness has been or is to be issued under article 8.

(2) An aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 8(5)(b), as the case may be.

(3) A certificate of release to service is not required to be in force in respect of an aircraft, of which the maximum total weight authorised does not exceed 2700kg and that is not operated for the purpose of commercial air transport or aerial work, in respect of which a certificate of airworthiness is in force if it flies in the circumstances specified in paragraph (4).

(4) The circumstances referred to in paragraph (3) are—

(a) the only repairs or replacements in respect of which a certificate of release to service is not in force are of a description as specified by the Governor;

(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence granted or rendered valid under this Order who is the owner or operator of the aircraft;

(c) the person carrying out the repairs or replacements shall keep in the aircraft log book kept in respect of the aircraft under article 11 a record which identifies the repairs or replacement and shall sign and date the entries;

(d) any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Governor either generally or in relation to a class of aircraft or one particular aircraft.

(5) Neither—

(a) equipment provided in compliance with article 15; nor

(b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not the apparatus is provided in compliance with this Order;

shall be installed or placed on board for use in an aircraft to which this article applies after being maintained, overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.

(6) A certificate of release to service issued under this Order shall certify that the aircraft or any part thereof or its equipment has been inspected, overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to the particular aircraft and shall identify the inspection, overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done.

(7) A certificate of release to service issued under this Order may be issued only by—

(a) the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles him to issue that certificate for aircraft that do not exceed 2700 kg and are not operated for the purpose of commercial air transport or aerial work; or

(b) the holder of an aircraft maintenance engineer’s licence granted under the law of a country other than the Territory and rendered valid under this Order, in accordance with the privileges endorsed on the licence and as authorised by the Governor to issue that certificate; or

(c) the holder of an aircraft maintenance engineer’s licence granted under this Order, in accordance with the privileges endorsed on the licence and as authorised by the Governor to issue that certificate; or

(d) the holder of an authorisation to issue that certificate granted by an organisation approved by the Governor; or

(e) a person whom the Governor has authorised to issue that certificate in a particular case, and in accordance with that authority.