Revised Laws of Saint Lucia (2023)

PART 1

1.1   RULES OF CONSTRUCTION

1.1.1.1   Rules of Construction

1.1.1.2   Applicability

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   (1)     These regulations shall apply to all persons operating or maintaining the following—

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      (a)     an aircraft registered in Saint Lucia;

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      (b)     an aircraft registered in another Contracting State that is operated by a person licensed by Saint Lucia, and must be maintained in accordance with the standards of the aircraft State of Registry, wherever that maintenance is performed;

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      (c)     an aircraft of other Contracting States operating in Saint Lucia.

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   (2)     Those Regulations addressing persons certificated under any Part of these regulations apply also to any person who engages in an operation governed by any Part of these regulations without the appropriate certificate, operations specification, or similar document required as part of the certification.

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   (3)     The regulations addressing general matters establish minimum standards for all aircraft operated in Saint Lucia. Specific standards applicable to the holder of a certificate shall apply if they conflict with a more general regulation.

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   (4)     All foreign air operators who conduct commercial air transport into, from or within Saint Lucia, shall be governed by the provisions of the Operations Specification issued by the Authority, and by those provisions in Parts 7, 8, and 10 that specifically address commercial air transport. Regulations that address AOC holders apply only to operators certificated by Saint Lucia.

1.1.1.3   Organisation of Regulations

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   (1)     These Regulations are subdivided into five hierarchical categories:

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      (a)     Part refers to the primary subject area;

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      (b)     Subpart refers to any subdivision of a Part;

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      (c)     Section refers to any subdivision of a Subpart;

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      (d)     Subsection refers to the title of a regulation and can be a subdivision of a Subpart or Section;

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      (e)     Paragraph refers to the text describing the regulations. All paragraphs are outlined alphanumerically in the following hierarchical order: (1), (a), (i), 1. A.

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   (2)     Definitions used throughout these Regulations are organised as follows:

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      (a)     all Definitions appear in Part 1, Subsection 1.1.1.4;

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      (b)     definitions applicable only to one Part also appear at the beginning of that Part; and definitions contained in the Civil Aviation Act of Saint Lucia are presented therein, and not in these regulations;

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      (c)     acronyms used within each Part are defined at the beginning of those Parts and if a definition is supplied, a note will indicate the Part where the definition is located;

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      (d)     notes appear in Subsections to provide exceptions, explanations and examples to individual requirements;

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      (e)     Subsections may refer to Implementing Standards, which provide additional detailed requirements that support the purpose of the subsection, and where specifically referenced by the subsection, gain the legal force and effect of the referring subsection. The rules of construction, Subsection 1.1.1.1, apply to Implementing Standards.

1.1.1.4   Definitions

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   (1)     For the purpose of these Regulations, the following definitions shall apply:

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   “Acclimatised” means when a crew member has spent 3 consecutive local nights on the ground within a time zone, which is 2 hours wide and is able to take uninterrupted nights sleep. The crew member will remain acclimatised thereafter until a duty period finishes at a place where local time differs by more than 2 hours from the point of departure;

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   “Accountable manager” means:

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      (a)     the person who has corporate authority for ensuring that all prescribed actions are performed to the standard required by the Authority; and

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      (b)     any other person within the organisation who the accountable manager, upon approval of the Authority, may delegate in writing all or part of his or her responsibility;

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   “Accountable manager (Maintenance)” means the manager who has corporate authority for ensuring that all maintenance, preventive maintenance, and modification required by the aircraft owner/operator can be financed and carried out to the standard required by the Authority. The accountable manager may delegate to another person in the organisation, in writing, to become the accountable manager, when authorised by the Authority;

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   “Accountable manager (training)” means the manager who has corporate authority for ensuring that all training can be financed and carried out to the standard required by the Authority. The accountable manager may delegate, in writing, to another person in the organisation to become the accountable manager when authorized by the Authority;

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   “Acceptance checklist” means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

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   “Accredited medical conclusion” means the conclusion reached by one or more medical experts acceptable to the Licensing Authority for the purposes of the case concerned, in consultation with other experts as necessary;

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   “Advanced flight training device” means a flight training device that has a cockpit that accurately replicates a specific make, model, and type aircraft cockpit, and handling characteristics that accurately model the aircraft handling characteristics;

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   “Advisory airspace” means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;

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   “Aerial work” means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc.;

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   “Aerobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed not necessary for normal flight;

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   “Aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of an aircraft;

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   “Aeronautical experience” means pilot time obtained in an aircraft, approved flight simulator, or approved flight-training device for meeting the training and flight time requirements of these regulations;

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   “Aeronautical product” means any aircraft, aircraft engine, propeller, or subassembly, appliance, material, part, or component to be installed thereon;

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   “Aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

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   “Agricultural aircraft operation” means the operation of an aircraft for the purpose of—

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      (a)     dispensing;

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      (b)     dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control; or

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      (c)     engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects;

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   “Air navigation facility” means any facility used in, available for use in, or designed for use in aid of air navigation, including aerodromes, landing areas, lights, any apparatus or equipment for disseminating weather information, for signalling, for radio directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of an aircraft;

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   “Air Traffic Control” means a service that promotes the safe, orderly, and expeditious flow of air traffic at aerodromes and during the approach, departure, and en route environments;

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   “Air Traffic Control (ATC) facility” means a building holding the persons and equipment responsible for providing ATC services (e.g., airport tower, approach control, centre);

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   “Aircraft accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage;

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   “Aircraft category” means the classification of an aircraft according to specified basic characteristics (e.g., aeroplane, helicopter, glider, free balloon);

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   “Aircraft component” means any component part of an aircraft up to and including a complete powerplant and/or any operational/emergency equipment;

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   “Aircraft type” means all aircraft of the same basic design;

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   “Aircraft Technical Log” means a document attached to an aircraft for recording defects and malfunctions discovered during operation and for recording details of all maintenance carried out whilst the aircraft is operating between scheduled visits to the base maintenance facility. It also contains operating information relevant to flight safety and maintenance data that the operating crew need to know;

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   “Airframe” means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a powerplant), and landing gear of an aircraft and their accessories and controls;

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   “Airship” means a power driven lighter-than-air aircraft;

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   “Airworthiness data” means any information necessary to ensure that an aircraft or aircraft component can be maintained in a condition such that airworthiness of the aircraft, or serviceability of operational and emergency equipment, as appropriate, is assured;

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   “Airworthiness release” means a certification signed by a licensed mechanic authorised by the AOC holder indicating that work was performed in accordance with the AOC holder's maintenance manual, was inspected by a licensed mechanic, and the aircraft was found satisfactory for safe operation;

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   “AMT Course” means a training course for AMT maintenance ratings (airframe/powerplant);

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   “Appliance” means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, powerplant, or propeller;

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   “Approval for return to service” means a certification by an approved maintenance organisation representative that the maintenance, preventive maintenance, or modification performed on an aircraft, airframe, aircraft engine, propeller, appliance, or component part thereof was accomplished using the methods, techniques, and practices, prescribed in the current manufacturer's maintenance manual or instructions for continued airworthiness prepared by its manufacturer, or by using other methods, techniques, and practices acceptable to the Authority;

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   “Approved by the Authority” means approved by the Authority directly or in accordance with a procedure approved by the Authority;

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   “Approved data” means technical information approved by the Authority;

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   “Approved continuous maintenance program” means a maintenance program approved by the State of Registry;

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   “Approved Maintenance Organisation (AMO)” means an organization approved to perform specific aircraft maintenance activities by the Authority. These activities may include the inspection, overhaul, maintenance, repair and/or modification and release to service of aircraft or aeronautical products;

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   “Approved standard” means a manufacturing, design, maintenance, or quality standard approved by the Authority;

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   “Approved training” means training carried out under special curricula and supervision approved by the Authority;

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   “Article” means any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part;

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   “Authorised instructor” means a person who—

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      (a)     holds a valid ground instructor certificate issued under Part 2 when conducting ground training;

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      (b)     holds a current flight instructor certificate issued under Part 2 when conducting ground training or flight training; or

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      (c)     is authorised by the Authority to provide ground training or flight training under Part 2 and Part 3;

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   “Authority” means the civil aviation authority responsible for the oversight of civil aviation in Saint Lucia;

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   “Aviation Maintenance Technician” means a person approved by the Authority to perform defined maintenance upon aeronautical products; the term “aviation maintenance technician” as used herein can include persons similarly qualified and referred to as “licensed mechanic,” “certificated (certified) mechanic,” “aviation maintenance engineer,” “licensed engineer,” or by other terms, all of which mean an aviation maintenance license holder;

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   “Balloon” means a non-power-driven lighter-than-air aircraft;

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   “Banner” means an advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft;

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   “Cabin Crew” means a person employed to facilitate the safety of passengers, whose duties are detailed by the AOC holder or the aircraft commander;

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   “Cargo aircraft” means any aircraft carrying goods or property but not passengers. In this context the following are not considered to be passengers:

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      (a)     a crew member;

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      (b)     an operator's employee permitted by, and carried in accordance with, the instructions contained in the Operations Manual;

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      (c)     an authorised representative of an Authority;

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      (d)     a person with duties in respect of a particular shipment on board;

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   “Category II (CAT II) operations” means with respect to the operation of an aircraft, a straight-in ILS approach to the runway of an airport under a Category II ILS instrument approach procedure issued by the Authority or other appropriate authority;

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   “Category III (CAT III) operations” means with respect to the operation of an aircraft, an ILS approach to, and landing on, the runway of an airport using a Category III ILS instrument approach procedure issued by the Authority or other appropriate authority;

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   “Calendar day” means the period of elapsed time, using Co-ordinated Universal Time or local time, that begins at midnight and ends 24 hours later in the next midnight;

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   “Calibration” means a set of operations, performed in accordance with a definite documented procedure, that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard, or aeronautical product tested;

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   “Certify as airworthy” means the required maintenance record entry completed by a properly authorised person after the modification, overhaul, repair, or the inspection of an aircraft, or aeronautical product required by the Authority;

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   “Certificated Approved Maintenance Organisation” means approved by the Authority;

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   “Certifying staff” means those personnel who are authorised by the Approved Maintenance Organisation in accordance with a procedure acceptable to the Authority to certify aircraft or aircraft components for release to service;

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   “Check airman (aeroplane)” means a person who is qualified and permitted, to conduct flight checks or instruction in an aeroplane and evaluations only in a flight simulator, or in a flight training device for a particular type aeroplane, for a particular AOC holder;

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   “Check airman (helicopter)” means a person who is qualified and permitted, to conduct flight checks or instruction in a helicopter and evaluations only in a flight simulator, or in a flight training device for a particular type helicopter, for a particular AOC holder;

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   “Check airman (simulator)” means a person who is qualified to conduct flight checks or instruction only in a flight simulator or a flight training device for a particular type aircraft, for a particular AOC holder;

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   “Civil aircraft” means any aircraft other than a public aircraft;

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   “Commercial air transport” means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire;

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   “Complex aeroplane” means an aeroplane having retractable landing gear (except in seaplanes), flaps, and a controllable propeller;

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   “Composite” means structural materials made of substances, including, but not limited to, wood, metal, ceramic, plastic, fiber-reinforced materials, graphite, boron, or epoxy, with built-in strengthening agents that may be in the form of filaments, foils, powders, or flakes, of a different material;

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   “Computer system” means any electronic or automated system capable of receiving, storing, and processing external data, and transmitting and presenting such data in a usable form for the accomplishment of a specific function;

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   “Contactable” means a short period of time during the day, other than a day-off, during which the AOC holder requires a crewmember to be contactable for the purpose of giving notification of a duty period which will commence not less than 10 hours ahead. The contactable period will be between ( ) and ( ) local time. (Times inserted must not cover more than 2.5 hours);

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   “Cross-country time” means that time a pilot spends in flight in an aircraft which includes a landing at a point other than the point of departure and, for the purpose of meeting the cross-country time requirements for a private pilot license (except with a rotorcraft rating), commercial pilot license, or an instrument rating, includes a landing at an aerodrome which must be a straight-line distance of more than 50 nautical miles from the original point of departure;

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   “Contracting States” means all States that are signatories to the Convention on International Civil Aviation (Chicago Convention);

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   “Controlled flight” means a flight which is subject to an air traffic control clearance;

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   “Control System” means a system by which the flight path, attitude, or propulsive force of an aircraft is changed, including the flight, engine and propeller controls, the related system controls and the associated operating mechanisms;

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   “Core curriculum” means a set of courses approved by the Authority, for use by an ATO and its satellite ATOs. The core curriculum consists of training that is required for licensing or aircraft ratings. It does not include training for tasks and circumstances unique to a particular user;

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   “Course” means a program of instruction to obtain an airman license, rating, qualification, authorisation, or currency;

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   “Courseware” means instructional material developed for each course or curriculum, including lesson plans, flight event descriptions, computer software programs, audio-visual programs, workbooks, and handouts;

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   “Co-pilot” means a licensed pilot serving in any piloting capacity other than as pilot-in-command but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction;

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   Note: Co-pilot as here defined is synonymous with the term “second-incommand” or “SIC”;

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      “Crew Member” means a member of the flight crew or a Cabin Crew. Any person required to perform duties on an aircraft in flight;

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      “Crew Resource Management” means a program designed to improve the safety of flight operations by optimising the safe, efficient, and effective use of human resources, hardware, and information through improved crew communication and co-ordination;

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      “Critical engine” means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;

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      “Critical phases of flight” means those portions of operations of an aircraft which involve taxiing, takeoff, landing and all flight operations below 10,000 feet, except cruise flight;

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      “Dangerous goods accident” means an occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage;

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      “Dangerous goods incident” means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises an aircraft or its occupants is deemed to constitute a dangerous goods incident;

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      “Dangerous goods transport document” means a document specified by the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air (See definition, below). It is completed by the person who offers dangerous goods for air transport and contains information about those dangerous goods. The document bears a signed declaration indicating that the dangerous goods are fully and accurately described by their proper shipping names and UN numbers (if assigned) and that they are correctly classified, packed, marked, labelled and in a proper condition for transport;

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      “Days Off” means periods available for leisure and relaxation free from all duties. A single day off will include 2 local nights. Consecutive days off shall include a further local night for each additional consecutive day off. A rest period may be included as part of a day off;

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      “Deadheading” means the time spent in transportation on an aircraft (at the insistence of the AOC holder) to or from a crew member's home station;

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      “Defined point after takeoff” means the point, within the takeoff and initial climb phase of a Class 2 helicopter, before which the Class 2 helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;

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      “Defined point before landing” means the point, within the approach and landing phase of a Class 2 helicopter, after which the Class 2 helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;

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      “Directly in Charge” means a person assigned to a position in which he or she is responsible for the work of a shop or station that performed maintenance, preventive maintenance, or modifications, or other functions affecting aircraft airworthiness;

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      “Dispatch Crew” means a fully qualified and current flight crew/Cabin Crew authorised to carry out pre-flight duties as defined by the AOC holder;

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      “Dual instruction time” means flight time during which a person is receiving flight instruction from a properly authorised pilot on board the aircraft;

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      “Duplicate Inspection” means an inspection first made and certified by one qualified person and subsequently made and certified by a second qualified person; (Described in IS: 5.6.1.5)

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      “Duty” means any continuous period during which a crew member is required to carry out any task associated with the business of the AOC holder;

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      “Economic poison” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living human beings or other animals, which Saint Lucia may declare to be a pest, and use as a plant regulator, defoliant or desiccant;

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      “Effective length of the runway” means the distance for landing of an aircraft from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centreline of the runway to the far end;

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      “Evaluator” means a person employed by a certified Aviation Training Organisation who performs tests for licensing, added ratings, authorisations, and proficiency checks that are authorised by the certificate holder's training specification, and who is authorised by the Authority to administer such checks and tests;

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      “Examiner” means any person authorised by the Authority to conduct a pilot proficiency test, a practical test for an airman license or rating, or a knowledge test under these regulations;

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      “Extended overwater operation (Part 7)” means in the case of single engine land planes, extended overwater operation means a distance of more than 185 km (100 nm) from land suitable for making an emergency landing. In the case of multi-engine land planes, more than 370 km (200 nm) from land suitable for making an emergency landing, with the capability of continuing flight with one engine inoperative;

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      “Extended overwater operation (Part 8)” means with respect to aircraft other than helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline; and to helicopters, an operation over water at a horizontal distance of more than 50 nm from the nearest shoreline and more than 50 nm from an offshore heliport structure;

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      “Facility” means a physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance, preventive maintenance, or modifications of any article;

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      “Fatal injury” means any injury which results in death within 30 days of the accident;

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      “Fireproof material” means a material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose;

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      “Flight crew” means those members of the crew of an aircraft who act as pilot or flight engineer;

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      “Flight crewmember” means a licensed crewmember charged with duties essential to the operation of an aircraft during flight time;

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      “Flight Duty Period” means a time during which a person operates an aircraft as a member of its crew commencing when the person is required by the company to report for a flight and finishes at on-chocks or engine off at the final sector;

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      “Flight plan” means—

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         (a)     specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;

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         (b)     full information on all items comprised in the flight plan description, covering the whole route of a flight; or

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         (c)     limited information required when the purpose is to obtain a clearance for a minor portion of a flight such as to cross an airway, to take off from, or to land at a controlled aerodrome;

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      “Flight simulator” means a device that—

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         (a)     is a full-size aircraft cockpit replica of a specific type of aircraft,or make, model, and series of aircraft;

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         (b)     includes the hardware and software necessary to represent the aircraft in ground operations and flight operations;

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         (c)     uses a force cueing system that provides cues at least equivalent to those cues provided by a 3 degree freedom of motion system;

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         (d)     uses a visual system that provides at least a 45 degree horizontal field of view and a 30 degree vertical field of view simultaneously for each pilot; and

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         (e)     has been evaluated, qualified, and approved by the Authority;

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      “Flight time” means the total time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight;

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   Note: Flight time as here defined is synonymous with the term “block-to-block” time or “chock-to-chock” time in general usage, which is measured from the time an aircraft moves from the loading point until it stops at the unloading point;

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      “Flight training” means training, other than ground training, received from an authorised instructor in flight in an aircraft;

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      “Flight training device” means a device that—

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         (a)     is a full size replica of the instruments, equipment, panels, and controls of an aircraft, or set of aircraft, open or in an enclosed cockpit, including the hardware and software for the systems installed, that is necessary to simulate the aircraft in ground and flight operations;

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         (b)     need not have a force (motion) cueing or visual system; and

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         (c)     has been evaluated, qualified, and approved by the Authority;

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         Note:     A set of aircraft are those that share similar performance characteristics, such as similar airspeed and altitude operating envelops, similar handling characteristics, and the same number and type of propulsion systems;

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      “Flight Training Equipment” means flight simulators, flight training devices, and aircraft;

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      “Flying Duty Period (FDP)” means any time during which a person operates an aircraft as a member of its crew. It starts when the crewmember is required by the AOC holder to report for a flight and finishes at on-chocks or engine off at the end of the final sector;

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      “Foreign air operator” means any operator, not being an Saint Lucia air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within the borders or airspace of Saint Lucia, whether on a scheduled or charter basis;

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      “Foreign Authority” means the civil aviation authority that issues and oversees the Air Operator Certificate of the foreign operator;

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      “Freight container” means an article of transport equipment for radioactive materials, designed to facilitate the transport of such materials, either packaged or unpackaged, by one or more modes of transport;

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      “General aviation operation” means an aircraft operation other than a commercial air transport operation or an aerial work operation;

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      “Glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain, fixed under given conditions of flight;

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      “Handling agent” means an agency which performs on behalf of the operator some or all of the latter's functions including receiving, loading, unloading, transferring or other processing of passengers or cargo;

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      “Heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

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      “Helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;

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      “Helicopter Class 1” means a helicopter with performance such that, in case of critical engine failure, it is able to land on the rejected take-off area or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

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      “Helicopter Class 2” means a helicopter with performance such that, in case of critical engine failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which case a forced landing may be required;

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      “Helicopter Class 3” means a helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing must be performed;

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      “Helideck” means a heliport located on a floating or fixed offshore structure;

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      “Heliport” means an aerodrome or defined area on a structure intended to be used wholly or in part for the arrival, departure, and surface movement of helicopters;

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      “High-performance aeroplane” means an aeroplane with an engine of more than 200 horsepower;

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      “Holdover time” means the estimated time de-icing/anti-icing fluid will prevent the formation of frost or ice and the accumulation of snow on the protected surfaces of an aircraft. Holdover time begins when the final application of de-icing or anti-icing fluid commences and expires when the de-icing or anti-icing fluid applied to the aircraft loses its effectiveness;

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      “Housing” means buildings, hangers, and other structures to accommodate the necessary equipment and materials of a maintenance organization that—

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         (a)     provide working space for the performance of maintenance, preventive maintenance, or modifications for which the maintenance organisation is certificated and rated; and

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         (b)     provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts, and subassemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly, and testing; and

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         (c)     provide for the proper storage, segregation, and protection of materials, parts, and supplies;

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      “Incident” means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations;

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      “Inspection” means the examination of an aircraft or aeronautical product to establish conformity with a standard approved by the Authority;

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      “Instrument approach” means an approach procedure prescribed by the Authority having jurisdiction over the aerodrome;

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      “Instrument time” means time in which cockpit instruments are used as the sole means for navigation and control;

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      “Instrument training” means training which is received from an authorized instructor under actual or simulated instrument meteorological conditions;

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      “Interchange agreement” means a leasing agreement which permits an air carrier to dry lease and take or relinquish operational control of an aircraft at an airport;

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      “Investigator-in-charge” means an investigator charged, on the basis of his or her qualifications, with the responsibility for the organisation, and control of an aircraft occurrence investigation;

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      “Journey log” means a form signed by the PIC of each flight that records the registration of the aircraft, the name of each crew member and their duty assignments, the type of flight, the date, place and time of arrival and departure;

   1.  

      “Knowledge test” means a test on the aeronautical knowledge areas required for an airman license or rating that can be administered in written form or by a computer;

   1.  

      “Landing decision point” means the point used in determining the landing performance of an aircraft so that if an engine failure occurs at that point, the landing may be safely continued or a balked landing initiated;

   1.  

      “Large aeroplane” means an aeroplane having a maximum certified take-off mass of 5,700 kg. (12,500 lbs.), or more;

   1.  

      “Late Finish/Early Start” means any duty that is carried out within any part of the period 01:00 to 06:59 hours local time, to which a crew member is acclimatised;

   1.  

      “Level 1 Aviation Training Organisation (ATO)” means a flight training facility which conducts all or substantially all of each flight training course using an aircraft;

   1.  

      “Level 2 Aviation Training Organisation (ATO)” means a flight training facility which conducts all or substantially all of each flight training course using simulation media which are qualified and approved by the Authority;

   1.  

      “Lighter-than-air aircraft” means any aircraft supported chiefly by its buoyancy in the air;

   1.  

      “Line-Operational Simulation” means simulation conducted using operational-oriented flight scenarios that accurately replicate interaction among flightcrew members and between flightcrew members and dispatch facilities, other crew members, air traffic control, and ground operations;

   1.  

      “Line Operational Flight Training (LOFT)” means training in a simulator with a complete crew using representative flight segments which contain normal, abnormal, and emergency procedures that may be expected in line operations;

   1.  

      “Line operating flight time” means the flight time recorded by the PIC or Co-Pilot while in commercial air transport service for an AOC holder;

   1.  

      “Local Night” means a period of 8 hours falling between 21:00 and 07:00 hours local time;

   1.  

      “Maintenance” means those tasks required to ensure the continued airworthiness of an aircraft or aeronautical product including any one or combination of overhaul, repair, inspection, replacement, modification, and defect rectification;

   1.  

      “Maintenance Control Manual” means a manual containing procedures, instructions and guidance for use by maintenance and concerned operational personnel in the execution of their duties;

   1.  

      “Maintenance release” means an approved maintenance organization document signed by an authorised approved maintenance organization representative that states that the article worked on is approved for return to service for the maintenance, preventive maintenance, or modification performed;

   1.  

      “Major modification” has the meaning described in IS: 5.1.1.2(a)(3);

   1.  

      “Major repair” has the meaning described in IS: 5.1.1.2(a)(4);

   1.  

      “Master minimum equipment list (MMEL)” means a list established:

      1.  

         (a)     for a particular aircraft type by the manufacturer with the approval of the State of Manufacture containing items, one or more of which is permitted to be unserviceable at the commencement of a flight and may be associated with special operating conditions, limitations or procedures; and

      1.  

         (b)     to provide the basis for development, review and approval by the Authority of an individual operator's MEL;

   1.  

      “Minimum equipment list (MEL)” means a list approved by the Authority which provides for the operation of an aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the Master Minimum Equipment List established for the aircraft type by the aircraft manufacturer, and approved by the State of Design;

   1.  

      “Measurement Device” means a calibrated calibrator, standard, equipment and test equipment that is intended to be used to test, measure, or calibrate other measurement devices. It is not to be used to test, measure, or calibrate an aeronautical product;

   1.  

      “Modification” means the alteration of an aircraft/aeronautical product in conformity with an approved standard;

   1.  

      “Night” means the hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise. Civil twilight ends in the evening when the centre of the sun's disc is 6 degrees below the horizon and begins in the morning when the centre of the sun's disc is 6 degrees below the horizon;

   1.  

      “Obstruction clearance plane” means a plane sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a specified area surrounding the runway as shown in a profile view of that area. In the plane view, the centerline of the specified area coincides with the centreline of the runway, beginning at the point where the obstruction clearance plane intersects the centreline of the runway and proceeding to a point at least 1,500 feet from the beginning point. Thereafter, the centerline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 4,000 foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. This area extends laterally 200 feet on each side of the centreline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 500 feet on each side of the centreline at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter, it extends laterally 500 feet on each side of the centreline;

   1.  

      “Operator” means any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft;

   1.  

      “Operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight;

   1.  

      “Operational flight plan” means the operator's plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations, and relevant expected conditions on the route to be followed and at the aerodromes or heliports concerned;

   1.  

      “Operations manual” means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;

   1.  

      “Operating position” means an air traffic control function performed within or directly associated with a control facility;

   1.  

      “Overhaul” means the restoration of an aircraft/aeronautical product using methods, techniques, and practices acceptable to the Authority, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO);

   1.  

      “Overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage;

   1.  

      “Package” means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;

   1.  

      “Packaging” means receptacles and any other components or materials necessary for the receptacle to perform its containment function and to ensure compliance with the packing requirements;

   1.  

      “Passenger exit seats” means those seats having direct access to an exit, and those seats in a row of seats through which passengers would have to pass to gain access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit. A passenger seat having “direct access” means a seat from which a passenger can proceed directly to the exit without entering an aisle or passing around an obstruction;

   1.  

      “Pilot in command” means the pilot responsible for the operation and safety of the aircraft during flight time;

   1.  

      “Pilot time” means that time a person—

      1.  

         (a)     serves as a required pilot;

      1.  

         (b)     receives training from an authorised instructor in an aircraft, approved flight simulator, or approved flight training device; or

      1.  

         (c)     gives training as an authorised instructor in an aircraft, approved flight simulator, or approved flight-training device;

   1.  

      “Powered-lift” means a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight;

   1.  

      “Powerplant” means an engine that is used or intended to be used for propelling aircraft. It includes turbo superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers;

   1.  

      “Practical test” means a competency test on the areas of operations for a license, certificate, rating, or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight, in an approved flight simulator, or in an approved flight training device, or in a combination of these;

   1.  

      “Pre-flight inspection” means the inspection carried out before flight to insure that the aircraft is fit for the intended flight;

   1.  

      “Pressurised aircraft” means for airman-licensing purposes, an aircraft that has a service ceiling or maximum operating altitude, whichever is lower, above 25,000 feet MSL;

   1.  

      “Preventative maintenance” has the meaning described in IS: 5.1.1.2(a)(5);

   1.  

      “Primary Standard” means a standard defined and maintained by a State Authority and used to calibrate secondary standards;

   1.  

      “Proper shipping name” means the name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packaging;

   1.  

      “Propeller” means a device for propelling an aircraft that has blades on a powerplant driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of powerplants;

   1.  

      “Psychosis” means a mental disorder in which the individual has manifested delusions, hallucinations, grossly bizarre or disorganized behaviour, or other commonly accepted symptoms of this condition; or the individual may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganised behaviour, or other commonly accepted symptoms of this condition;

   1.  

      “Public aircraft” means an aircraft used only on behalf of the Government of Saint Lucia (except for commercial purposes) or exclusively leased for at least 90 continuous days;

   1.  

      “Rating” means an authorisation entered on or associated with a license or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such license or certificate;

   1.  

      “Reference Standard” means a standard that is used to maintain working standards;

   1.  

      “Rebuild” means the restoration of an aircraft/aeronautical product by using methods, techniques, and practices acceptable to the Authority, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits. This work will be performed by only the manufacturer or an organisation approved by the manufacturer, and authorised by the State of Registry;

   1.  

      “Repair” means the restoration of an aircraft/aeronautical product to a serviceable condition in conformity with an approved standard;

   1.  

      “Reporting Time” means the time at which a crew member is required by the AOC holder to report for any duty;

   1.  

      “Rest period” means a period of time before starting a flying duty period which is designed to give crew members adequate opportunity to rest before a flight;

   1.  

      “Rotorcraft load combinations” means configurations for external loads carried by rotorcraft—

      1.  

         (a)     Class A – external load fixed to the rotorcraft, cannot be jettisoned, and does not extend below the landing gear, used to transport cargo;

      1.  

         (b)     Class B – external load suspended from the rotorcraft, which can be jettisoned, and is transported free of land or water during rotorcraft operations;

      1.  

         (c)     Class C – external load suspended from the rotorcraft, which can be jettisoned, but remains in contact with land or water during rotorcraft operation;

      1.  

         (d)     Class D - external load suspended from the rotorcraft for the carriage of persons;

   1.  

      “Rostered / Planned Duty” means a duty period, or series of duty periods, which stipulated start and finish times, notified to crews in advance, by the AOC holder;

   1.  

      “Rostering Period” means ( ) consecutive weeks (2 to 6 weeks normally 4 weeks);

   1.  

      “Satellite” means an ATO at a location other than primary location of the ATO;

   1.  

      “Scheduled Duty” means the allocation of a specific flight or flights or other duties to a crew member within the pre-notified rostered series of duty periods;

   1.  

      “Secondary Standards” means a standard maintained by comparison with a primary standard;

   1.  

      “Sector” means the time between the aircraft first moving under its own power until it next comes to rest after landing, on the designated parking position;

   1.  

      “Serious injury” means an injury which is sustained by a person in an accident and which:

      1.  

         (a)     requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received;

      1.  

         (b)     results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

      1.  

         (c)     involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or

      1.  

         (d)     involves injury to any internal organ; or

      1.  

         (e)     involves second or third degree burns, or any burns affecting more than 5% of the body surface; or

      1.  

         (f)     involves verified exposure to infectious substances or injurious radiation;

   1.  

      “Signature” means an individual's unique identification used as a means of authenticating a maintenance record entry or maintenance record. A signature may be hand-written, electronic, or any other form acceptable to the Authority;

   1.  

      “Small aeroplane” means an aeroplane having a maximum certified take-off mass of less than 5,700 kg. (12,500 lbs.);

   1.  

      “Solo flight” means flight time during which a student pilot is the sole occupant of the aircraft, or that flight time during which the student acts as a PIC of a gas balloon or an airship requiring more than one flight crew member;

   1.  

      “Speciality curriculum” means a set of courses that is designed to satisfy a requirement of the Civil Aviation Regulations and that is approved by the Authority for use by a particular Level 2 ATO or satellite Level 2 ATO. The speciality curriculum includes training requirements unique to one or more Level 2 ATO clients;

   1.  

      “Specific operating provisions” means the Specific Operating Provisions which describe the ratings (Class and/or Limited) in detail and which will contain or reference material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation. The accountable manager and the Authority sign this document;

   1.  

      “Specialised maintenance” means any maintenance not normally performed by an AMO (e.g., tire retreating, plating, etc.);

   1.  

      “Split Duty” means a Flying Duty Period that consists of 2 or more sectors, separated by less than a minimum rest period;

   1.  

      “Standby Duty” means a period during which the company places restraints on a crew member who would otherwise be off duty;

   1.  

      “Standard” means an object, artifact, tool, test equipment, system, or experiment that stores, embodies, or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity. It also includes a document describing the operations and process that must be performed in order for a particular end to be achieved;

   1.  

      “State of Design” means the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aeronautical product or appliance;

   1.  

      “State of Manufacture” means the Contracting State, under whose authority an aircraft was assembled, approved for compliance with the type certificate and all extant supplemental type certificates, test flown and approved for operation. The state of manufacture may or may not also be the state of design;

   1.  

      “State of Origin” means the State in which dangerous goods were first loaded on an aircraft;

   1.  

      “State of Registry” means the Contracting State on whose registry an aircraft is entered;

   1.  

      “Substantial damage” means damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent failings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered “substantial damage” for the purpose of this Part;

   1.  

      “Substance abuse” means—

      1.  

         (a)     the use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous;

      1.  

         (b)     a verified positive drug test result acquired under an anti-drug program or internal programme of the Saint Lucia government; or

      1.  

         (c)     misuse of a substance that the Authority, based on case history and qualified medical judgement relating to the substance involved, finds makes the applicant unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or may reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the applicant unable to perform those duties or exercise those privileges;

   1.  

      “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages, as evidenced by increased tolerance; manifestation of withdrawal symptoms; impaired control of use; or continued use despite damage to physical health or impairment of social, personal, or occupational functioning;

   1.  

      “Substance” means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens, opioids, cannabis, inhalants, central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics, phencyclidine or similarly acting arylcyclohexylamines, and other psychoactive drugs and chemicals;

   1.  

      “Suitable Accommodation” means a well-furnished bedroom, which is subject to minimum noise, is well ventilated and has the facility to control the level of light and temperature;

   1.  

      “Takeoff decision point” means the point used in determining takeoff performance of a Class 1 helicopter from which, should an engine failure occur at this point, either a rejected takeoff may be made or a takeoff safely continued;

   1.  

      “Technical instructions” means the latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc. 9284-AN/905), including the supplement and any addendum, approved and published by decision of the Council of the ICAO. The term “Technical Instructions” is used in this Part;

   1.  

      “Technical log” means a document carried on an aircraft that contains information to meet ICAO requirements; a technical log contains 2 independent sections: a journey record section and an aircraft maintenance record section;

   1.  

      “Tools, Equipment and Test Equipment” means equipment used by an AMO for the performance of maintenance or calibration on an aircraft or aeronautical product. See also working standard;

   1.  

      “Traceability” means a characteristic of a calibration, analogous to a pedigree. A traceable calibration is achieved when each Measurement Device and Working Standard, in a hierarchy stretching back to the National Standard, was itself properly calibrated, and the results properly documented. The documentation provides the information needed to show that all calibrations in the chain of calibrations were properly performed;

   1.  

      “Training to proficiency” means the process of the check airman administering each prescribed manoeuvre and procedure to a pilot as necessary until it is performed successfully during the training period;

   1.  

      “Training program” means a program that consists of courses, courseware, facilities, flight training equipment and personnel necessary to accomplish a specific training objective. It may include a core curriculum and a specialty curriculum;

   1.  

      “Training time” means the time spent receiving from an authorized instructor flight training, ground training, or simulated flight training in an approved flight simulator or approved flight-training device;

   1.  

      “Training specifications” means a document issued to a certified Aviation Training Organisation by the Authority that prescribes that organisation's training, checking, and testing authorisations and limitations, and specifies training program requirements;

   1.  

      “Transfer Standard” means any standard that is used to compare a measurement process, system, or device at one location or level with another measurement process, system or device at another location or level;

   1.  

      “Travelling time” means all time spent by a crew member transiting between the place of rest and the place of reporting for duty;

   1.  

      “UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances;

   1.  

      “Unit load device” means any type of aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo;

   1.  

      “Vital Point” means any point on an aircraft at which single mal-assembly could lead to catastrophe, i.e. result in loss of aircraft and/or in fatalities;

   1.  

      “Week” means a period of 7 consecutive days starting at (..) time Local on a (..) day of the week. (Insert time and day of the week, as required;)

   1.  

      “Working Standard” means a calibrated standard that is used in the performance of maintenance and/or calibrations in any work area for the purpose of forming the basis for product acceptance or for making a finding of airworthiness (approval for return to service) to an aircraft or aeronautical product. A working standard may be maintained by comparison with primary standards, secondary standards, reference standards or transfer standards, as appropriate. A working standard is not to be used to test, measure, or calibrate other working standards or measurement devices.

1.2   GENERAL ADMINISTRATIVE RULES GOVERNING TESTING, LICENSES AND CERTIFICATES

1.2.1.1   Display and Inspection of Licenses and Certificates

1.  

   (1)     Pilot license:

   1.  

      (a)     To act as a pilot of a civil aircraft registered in Saint Lucia, a person shall have in his or her physical possession or readily accessible in the aircraft a valid pilot license.

   1.  

      (b)     To act as a pilot of a civil aircraft of foreign registry within Saint Lucia, a person shall be the holder of a valid pilot license issued by the State of Registry, and have the pilot license in his or her physical possession or readily accessible in the aircraft.

1.  

   (2)     Flight instructor rating: A person who holds a flight instructor rating shall have that license, or any other documentation acceptable to the Authority, in his or her physical possession or readily accessible in the aircraft when exercising the privileges of that rating.

1.  

   (3)     Other airman license: A person required by any part of these regulations to have an airman's license shall have it in his or her physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that license.

1.  

   (4)     Medical certificate: A person required by any part of these regulations to have a current medical certificate shall have it in his or her physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that certificate.

1.  

   (5)     Pilot School certificate and Aviation Maintenance Technician School certificate: The holder of a Pilot School certificate or a provisional Pilot School certificate or Aviation Maintenance Technician School certificate shall display that certificate in a place in the school that is normally accessible to the public and that is not obscured.

1.  

   (6)     Training Centre Certificate: The holder of a Training Centre certificate shall prominently display that certificate in a place accessible to the public in the principal business office of the training centre.

1.  

   (7)     Aircraft Airworthiness Certificate: An owner or operator of an aircraft shall display that certificate in the cabin of the aircraft or at the entrance to the aircraft flight deck.

1.  

   (8)     Approved Maintenance Organisation (AMO) Certificate: The holder of an AMO certificate shall prominently display that certificate in a place accessible to the public in the principal business office of the AMO.

1.  

   (9)     Inspection of license: A person who holds an airman or crew member license, medical certificate, or authorisation required by these regulations shall present it for inspection upon a request from:

   1.  

      (a)     the Authority; or

   1.  

      (b)     any national or local law enforcement officer.

1.2.1.2   Change of Name

1.  

   (1)     A holder of a license or certificate issued under these regulations may apply to change the name on a license or certificate.

1.  

   (2)     The holder under paragraph (1) shall include with any such request—

   1.  

      (a)     the current license or certificate; and

   1.  

      (b)     a copy of the marriage license, court order, or other document verifying the name change.

1.  

   (3)     The Authority shall return to the airman the documents specified in paragraph (a) of this subsection.

1.2.1.3   Change of Address

1.  

   A holder of an airman license or pilot school, training centre, or aviation maintenance school certificate who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the license or certificate unless he or she has notified the Authority in writing of the new permanent mailing address, or current residential address if the permanent mailing address includes a post office box number.

1.2.1.4   Replacement of a Lost or Destroyed Airman or Medical Certificate or Knowledge Test Report

1.  

   (1)     An applicant who has lost or destroyed one of the following documents issued under these regulations shall request a replacement in writing from the office designated by the Authority:

   1.  

      (a)     an airman license;

   1.  

      (b)     a medical certificate;

   1.  

      (c)     a knowledge test report.

1.  

   (2)     The airman or applicant shall state in the request letter—

   1.  

      (a)     the name of the airman or applicant;

   1.  

      (b)     the permanent mailing address, or if the permanent mailing address includes a post office box number, the person's current residential address;

   1.  

      (c)     the social security number or equivalent national identification number;

   1.  

      (d)     the date and place of birth of the airman or applicant; and

   1.  

      (e)     any available information regarding the—

      1.  

         (i)     grade, number, and date of issuance of the license, and the ratings, if applicable;

      1.  

         (ii)     date of the medical examination, if applicable; and

      1.  

         (iii)     date the knowledge test was taken, if applicable.

1.  

   (3)     After receiving a facsimile from the Authority confirming that the lost or destroyed document was issued, an airman may carry the facsimile in lieu of the lost or destroyed document for up to 60 days pending the airman's receipt of a duplicate document.

1.2.1.5   Falsification, Reproduction, or Alteration of Applications, Certificates, Logbooks, Reports, or Records

1.  

   (1)     A person shall not make or cause to be made concerning any license, certificate, rating, qualification, or authorisation, an application for or duplicate thereof, issued under these regulations:

   1.  

      (a)     any fraudulent or intentionally false statement;

   1.  

      (b)     any fraudulent or intentionally false entry in any logbook, record, or report that these regulations require, or used to show compliance with any requirement of these regulations;

   1.  

      (c)     any reproduction for fraudulent purpose; or

   1.  

      (d)     any alteration.

1.  

   (2)     A person who commits any act prohibited under paragraph (1) may have his or her airman license, rating, certificate, qualification, or authorisation revoked or suspended.

1.2.1.6   Surrender, Suspension, or Revocation of License or Certificate

1.  

   (1)     A license or certificate issued under these regulations shall cease to be effective if it is surrendered, suspended, or revoked.

1.  

   (2)     Where a certificate or a license issued under these regulations has been suspended or revoked, the holder of such a licence or a certificate shall, upon a request made by the Authority, return that license or certificate to the Authority.

1.2.1.7   Reapplication After Revocation

1.  

   Unless otherwise authorised by the Authority, a person whose license, certificate, rating, or authorisation has been revoked shall not apply for any license, certificate, rating, or authorisation for one year after the date of revocation.

1.2.1.8   Reapplication After Suspension

1.  

   Unless otherwise authorised by the Authority, a person whose license has been suspended shall not apply for any license, rating, or authorisation during the period of suspension.

1.2.1.9   Voluntary Surrender or Exchange of License

1.  

   (1)     The holder of a license or certificate issued under these Regulations may voluntarily surrender it for:

   1.  

      (a)     cancellation;

   1.  

      (b)     issuance of a lower grade license; or

   1.  

      (c)     another license with specific ratings deleted.

1.  

   (2)     An applicant requesting voluntary surrender of a license shall include the following signed statement or its equivalent: “This request is made for my own reasons, with full knowledge that my (insert name of license or rating, as appropriate) may not be reissued to me unless I again pass the tests prescribed for its issuance.”

1.2.1.10   Prohibition on Performance During Medical Deficiency

1.  

   A person who holds a current medical certificate issued under these regulations shall not act in a capacity for which that medical certificate is required while that person:

   1.  

      (a)     knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the required medical certificate; or

   1.  

      (b)     is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the required medical certificate.

1.2.1.11   Drug and Alcohol Testing and Reporting

1.  

   (1)     An employee who performs any function requiring a license, rating, qualification, or authorisation prescribed by these regulations directly or by contract for a certificate holder under the provisions of these regulations may—

   1.  

      (a)     be denied any license, certificate, rating, qualification, or authorisation for a period of up to one year after the date of such refusal; and

   1.  

      (b)     have his or her license, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

1.  

   (2)     A person subject to these regulations who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

   1.  

      (a)     be denied any license, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to one year after the date of final conviction; or

   1.  

      (b)     have his or her license, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

1.  

   (3)     A person subject to these regulations who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

   1.  

      (a)     be denied any license, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to one year after the date of that refusal; or

   1.  

      (b)     have his or her license, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked.

1.3   Exemptions and equivalent Safety case

1.3.1.1   Exemptions and Equivalent Safety Case

1.  

   A person shall not introduce procedures contrary to those prescribed in these regulations unless needed and an equivalent safety case has first been approved by the Authority.

PART 2
PERSONNEL LICENSING

CONTENTS