The Air Navigation (Overseas Territories) Order 2007

Issue, re-issue and validity of certificates of airworthiness

8.—(1) The Governor shall issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to and on the basis of—

(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials, and such other tests of the aircraft as he may require; and

(c) a certificate of release to service having been issued under and in accordance with the provisions of article 12.

(2) A certificate of release to service is not required in respect only of the reissue of a certificate of airworthiness under paragraph (1).

(3) The Governor may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.

(4) The flight manual or equivalent document specified in article 10(1)(d) specifies the operational limitations within which the aircraft is to be operated for the purposes of the requirements referred to in articles 41, 72 and 73, provided that for the purposes of article 41(a) an aircraft flying clear of cloud and with the surface in sight shall be deemed to be flying in accordance with the Visual Flight Rules.

(5) A certificate of airworthiness issued in respect of an aircraft ceases to be in force—

(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Governor or by a person or organisation approved by the Governor for the purpose either generally or in relation to a class of aircraft or to the particular aircraft;

(b) until the satisfactory completion of any inspection made for the purpose of ascertaining whether the aircraft remains airworthy or maintenance of the aircraft or of any such equipment described in sub-paragraph (a) which is or has been—

(i) classified as mandatory by the Governor;

(ii) required by a maintenance programme approved by the Governor in relation to that aircraft; or

(c) until the completion to the satisfaction of the Governor of any modification of the aircraft or of any of its equipment, being a modification required by the Governor for the purpose of ensuring that the aircraft remains airworthy.

(6) The Governor may issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft registered elsewhere than in the Territory under the law of any country other than the Territory.

(7) Nothing in this Order shall oblige the Governor to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or re-issue of any such certificate when the application is not supported by such reports from such persons approved under article 151 as the Governor may specify (either generally or in a particular case or class of cases).