The Air Navigation (Overseas Territories) Order 2013

Requirement for a certificate of release to service

32.—(1) This article applies to any aircraft registered in the Territory for which a certificate of airworthiness has been, or is to be, issued under article 25.

(2) If an aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been—

(a) overhauled, repaired, replaced, modified or maintained; or

(b) inspected as provided in article 27(1)(d);

that aircraft must not fly unless a certificate of release to service issued under this Order is in force for the aircraft.

(3) In the circumstances specified in paragraph (4), a certificate of release to service is not required to be in force for an aircraft for which a certificate of airworthiness is in force if—

(a) the maximum certificated take-off mass does not exceed 2700kg; and

(b) it is not operated for the purpose of commercial air transport or aerial work.

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

(a) the only repairs or replacements for which a certificate of release to service is not in force are of a description 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 enters in the aircraft log book, kept for the aircraft under article 30, a record which identifies the repairs or replacement and sign and date the entries; and

(d) any equipment or parts used in carrying out such repairs or replacements are of a type approved by the Governor either generally for a class of aircraft or for the particular aircraft.

(5) Neither—

(a) equipment provided in compliance with article 35; 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,

must 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 a certificate of release to service issued under this Order is in force for it at the time when it is installed or placed on board.

(6) A certificate of release to service issued under this Order must certify that the aircraft or any part of it 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 or class of aircraft and include particulars of the work done.

(7) A certificate of release to service issued under this Order may be issued only by a person authorised by the Governor, either generally or in a particular case or class of cases, in accordance with the specified requirements.