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PART 9
AIR OPERATOR CERTIFICATION AND ADMINISTRATION

9.1 AIR OPERATOR CERTIFICATE

9.1.1.1 Applicability

(1) This Part applies to the carriage of passengers, cargo or mail for remuneration or hire by persons whose principal place of business or permanent residence is located in Saint Lucia.

(2) This Part prescribes requirements for the original certification and continued validity of air operator certificates (AOC) issued by Saint Lucia.

(3) Except where specifically noted, this Part applies to all commercial air transport operations by AOC holders for which Saint Lucia is the State of the Operator under the definitions provided in Annex 6 to the Chicago Convention.

9.1.1.2 Definitions

For the purpose of this Part, the following definitions shall apply—
1. “Accountable Manager” means the manager who has corporate authority for ensuring that all prescribed actions are performed to the standard required by the Authority. When authorised by the Authority, the accountable manager may delegate all or part of his or her authority in writing to another person within the organisation, who becomes the accountable manager for the matters delegated;
1. “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;
1. “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;
1. “Airworthiness Release” means the air operator's aircraft are released for service following maintenance by an AMO specifically authorized by the air operator rather than by an individual on their own behalf. In effect, the person signing the release acts in the capacity of an authorised agent for the operator and is certifying that the maintenance covered by the release was accomplished according to the air operator's continuous maintenance program. Responsibility for each step of the accomplished maintenance is borne by the person signing for that step and the airworthiness release certifies the entire maintenance work package. This arrangement in no way reduces the responsibility of licensed aircraft maintenance technicians (AMT) or approved maintenance organisations for maintenance functions or tasks they perform or supervise. The air operator is obligated to designate, by name or occupational title, each licensed AMT or approved maintenance organisation authorized to execute the airworthiness release. In addition, the air operator should designate when a release is required. Normally, a release is required following inspections prescribed by the air operations specifications maintenance activities involving inspections, and any other significant maintenance;
1. “Cargo aircraft” means any aircraft carrying goods or property but not passengers. In this context the following are not considered to be passengers:
  1. (a) a crew member;
  1. (b) an operator's employee permitted by, and carried in accordance with, the instructions contained in the Operations Manual;
  1. (c) an authorised representative of an Authority;
  1. (d) a person with duties in respect of a particular shipment on board;
1. “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;
1. “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;
1. “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;
1. “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;
1. “Freight container” means a freight container which is 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;
1. “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;
1. “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;
1. “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;
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. “Operations manual” means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;
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. “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. “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. “State of Origin” means the State in which dangerous goods were first loaded on an aircraft;
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. “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. “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.

9.1.1.3 Acronyms

The following acronyms are used in this Part.
1. (a) AOC – Air Operator Certificate (Civil Aviation Law);
1. (b) AMO – Approved Maintenance Organisation (Part 1);
1. (c) ATP – Air Transport Pilot;
1. (d) CDL – Configuration Deviation List;
1. (e) MEL – Minimum Equipment List (Part 1);
1. (f) UN – United Nations.

9.1.1.4 COMPLIANCE WITH AN AIR OPERATOR CERTIFICATE

(1) An operator shall not operate an aircraft in commercial air transport unless that operator holds an AOC for the operations being conducted.

(2) A person shall not operate an aircraft in commercial air transport operations which are not authorised by the terms and conditions of its AOC.

(3) An AOC holder shall, at all times, continue in compliance with the AOC terms, conditions of issuance, and maintenance requirements in order to hold that certificate.

Note: Failure to comply may result in the revocation or suspension of the AOC.

9.1.1.5 APPLICATION FOR AN AIR OPERATOR CERTIFICATE

(1) An operator applying to the Authority for an AOC shall submit an application—
1. (a) in a form and manner prescribed by the Authority; and
1. (b) containing any information the Authority requires the applicant to submit.

(2) An applicant shall make the application for an initial issue of an AOC at least 90 days before the date of intended operation, except the Operations Manual specified in 9.3.1.4 and Maintenance Control Manual specified in 9.4.1.4 which may be submitted later than but not less than 60 days before the date of intended operation.

9.1.1.6 ISSUANCE OR DENIAL OF AIR OPERATOR CERTIFICATE

(1) The Authority may issue an AOC if, after investigation, the Authority finds that the applicant—
1. (a) is a citizen of the Saint Lucia;
1. (b) has its principle place of business and its registered office, if any, located in Saint Lucia;
1. (c) meets the applicable regulations and standards for the holder of an AOC;
1. (d) is properly and adequately equipped for safe operations in commercial air transport and maintenance of the aircraft; and
1. (e) holds the economic authority issued by Saint Lucia.

(2) The Authority may deny application for an AOC if the Authority finds that—
1. (a) the applicant is not properly or adequately equipped or is not able to conduct safe operations in commercial air transport;
1. (b) the applicant previously held an AOC which was revoked; or
1. (c) an individual that contributed to the circumstances causing the revocation process of an AOC obtains a substantial ownership or is employed in a position required by this regulation.

9.1.1.7 Contents Of Air Operator Certificate

(1) The AOC will consist of 2 documents—
1. (a) a one-page certificate for public display signed by the Authority, and
1. (b) multi-page AOC specific operating provisions containing the terms and conditions applicable to the AOC holder's certificate.

(2) The Authority will issue an AOC which will contain—
1. (a) the name and location (main place of business) of the AOC holder;
1. (b) the date of issue and period of validity for each page issued;
1. (c) a description of the type of operations authorised;
1. (d) the type(s) of aircraft(s) authorised for use;
1. (e) the authorised areas of operations or destinations;
1. (f) other Special authorisations, approvals and limitations issued by the Authority in accordance with the standards which are applicable to the operations and maintenance conducted by the AOC holder.

9.1.1.8 Duration Of An Air Operator Certificate

An AOC, or any portion of the AOC, issued by the Authority is effective until—
1. (a) the Authority amends, suspends, revokes or otherwise terminates the certificate;
1. (b) the AOC holder surrenders it to the Authority; or
1. (c) the AOC holder suspends operations for more than 60 days; or
1. (d) one year from the date of its issue or renewal.

9.1.1.9 Amendment Of An Air Operator Certificate

(1) The Authority may amend any AOC if—
1. (a) the Authority determines that safety in commercial air transport and the public interest require the amendment; or
1. (b) the AOC holder applies for an amendment, and the Authority determines that safety in commercial air transport and the public interest allows the amendment.

(2) If the Authority stipulates in writing that an emergency exists requiring immediate amendment in the public interest with respect to safety in commercial air transportation, such an amendment is effective without stay on the date the AOC holder receives notice.

(3) An AOC holder may appeal the amendment, but shall operate in accordance with it, unless it is subsequently withdrawn.

(4) Amendments proposed by the Authority, other than emergency amendments, become effective 30 days after notice to the AOC holder, unless the AOC holder appeals the proposal in writing prior to the effective date. The filing of an appeal stays the effective date until the appeal process is completed.

(5) Amendments proposed by the AOC holder shall be made at least 30 days prior to the intended date of any operation under that amendment.

(6) A person shall not perform a commercial air transport operation for which an AOC amendment is required, unless it has received notice of the approval from the Authority.

9.1.1.10 Access For Inspection

(1) To determine continued compliance with the applicable regulations, the AOC holder shall -
1. (a) grant the Authority access to and co-operation with any of its organisations, facilities and aircraft;
1. (b) ensure that the Authority is granted access to and co-operation with any organisation or facilities that it has contracted for services associated with commercial air transport operations and maintenance for services; and
1. (c) grant the Authority free and uninterrupted access to the flight deck of the aircraft during flight operations.

(2) An AOC holder shall provide to the Authority a forward observer's seat on the AOC holder's aircraft from which the flight crew's actions and conversations may be easily observed.

Note: The suitability of the seat location and the ability to monitor crewmember actions, conversations and radio communications is determined by the Authority.

9.1.1.11 Conducting Tests and Inspections

(1) The Authority will conduct on-going validation of the AOC holder's continued eligibility to hold its AOC and associated approvals.

(2) The AOC holder shall allow the Authority to conduct tests and inspections, at any time or place, to determine whether an AOC holder is complying with the applicable laws, regulations and AOC terms and conditions.

(3) The AOC holder shall make available at its principal base of operations—
1. (a) all portions of its current Air Operator Certificate;
1. (b) all portions of its Operations and Maintenance Manuals; and
1. (c) a current listing that includes the location and individual positions responsible for each record, document and report required to be kept by the AOC holder under the applicable aviation law, regulations or standards.

(4) Failure by any AOC holder to make available to the Authority upon request, all portions of the AOC, Operations and Maintenance Manuals and any required record, document or report is grounds for suspension of all or part of the AOC.

9.2 AIR OPERATOR CERTIFICATION AND CONTINUED VALIDITY

9.2.1.1 Applicability

Subpart 9.2 provides requirements applicable to the certification and continued validity of all AOC holders.

9.2.2 Administration

9.2.2.1 Base of Operations

(1) An AOC holder shall maintain a principal base of operations.

(2) An AOC holder shall provide written notification of intent to the Authority at least 30 days before it proposes to establish or change the location of its base.

9.2.2.2 Management Personnel Required For Commercial Air Transport Operations

(1) An AOC holder shall have an accountable manager, acceptable to the Authority, who has corporate authority for ensuring that all flight operations and maintenance activities can be financed and carried out to the highest degree of safety standards required by the Authority.

(2) When conducting commercial air transport operations, the AOC holder shall have qualified personnel, with proven competency in civil aviation, available and serving in the following positions or their equivalent:
1. (a) Director of Operations;
1. (b) Chief Pilot;
1. (c) Director of Safety;
1. (d) Director of Maintenanc;
1. (e) Quality Manager.

Note: “Competency in civil aviation” means that an individual shall have a technical qualification and management experience acceptable to the Authority for the position served.

(3) The Authority may approve positions or numbers of positions, other than those listed, if the AOC holder is able to show that it can perform the operation with the highest degree of safety under the direction of fewer or different categories of management personnel due to the—
1. (a) the kind of operations involved;
1. (b) the number of aircraft used; and
1. (c) the area of operation.

Implementing Standard: See IS: 9.2.2.2 for additional management personnel requirements.

9.2.2.3 Quality System

(1) An AOC holder, depending on the scope of the operation, shall establish a quality system and designate a quality manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aircraft. Compliance monitoring shall include a feedback system to the accountable manager to ensure corrective action as necessary.

(2) An AOC holder shall ensure that each quality system includes a quality assurance programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

(3) The quality system, and the quality manager, shall be acceptable to the Authority.

(4) An AOC holder shall describe the quality system in relevant documentation.

9.2.2.4 Submission and Revision of Policy and Procedure Manuals

(1) An AOC holder shall establish a flight documents system, for the use and guidance of operational personnel.

(2) A manual required by this Part must:
1. (a) include instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities with a high degree of safety;
1. (b) be in a form that is easy to revise and contains a system which allows personnel to determine the current revision status of a manual;
1. (c) have a date and revision number of the last revision on each page concerned;
1. (d) not be contrary to any applicable Saint Lucia regulation and the AOC holder's specific operating provisions; and
1. (e) include a reference to appropriate civil aviation regulations.

(3) A person shall not cause the use of any policy and procedure for flight operations or airworthiness function prior to co-ordination with the Authority.

(4) An AOC holder shall submit the proposed policy or procedure to the Authority at least 30 days prior to the date of intended implementation.

9.2.2.5 Retention and Maintenance of Personnel Records

(1) An AOC holder shall maintain current records which detail the qualifications and training of all its employees, and contract employees, involved in the operational control, flight operations, ground operations and maintenance of the air operator.

(2) An AOC holder shall maintain records for those employees performing crew member or flight operations officer duties in sufficient detail to determine whether the employee meets the experience and qualification for duties in commercial air transport operations.

(3) An AOC holder shall retain the following records:
1. (a) flight and duty records;
1. (b) flight crew records;
1. (c) fuel and oil records.

9.2.2.6 Flight Deck Voice And Flight Data Recorder Records

(1) An AOC holder shall retain:
1. (a) the most recent flight data recorder calibration, including the recording medium from which this calibration is derived; and
1. (b) the flight data recorder correlation for one aircraft of any group of aircraft operated by the AOC holder—
  1. (i) that are of the same type,
  1. (ii) on which the model flight recorder and its installation are the same, and
  1. (iii) on which there is no difference in type design with respect to the original installation of instruments associated with the recorder.

(2) In the event of an accident or occurrence requiring immediate notification of the Authority, the AOC holder shall remove and keep recorded information from the flight deck voice recorder and flight data recorder for at least 60 days or, if requested by the Authority, for a longer period.

9.2.2.7 (RESERVED)

9.2.2.8 AOC Holder's Aircraft Technical Log

An AOC holder shall have an aircraft technical log that is carried on the aircraft that contains a journey records section and an aircraft maintenance record section. The journey records section is further described in 9.3.1.5 and the aircraft maintenance record section is further described in 9.4.1.9.

9.2.2.9 Company Procedures Indoctrination

A person shall not serve nor may any AOC holder use a person as a Quality Manager or the Director of Maintenance 9.4.1.2 unless that person has completed the company indoctrination curriculum approved by the Authority, which shall include a complete review of the operations manual and maintenance control manual procedures pertinent to their duties.

Implementing Standard IS: 9.2.2.9 for additional company procedures training requirements

9.2.3 Aircraft

9.2.3.1 Authorised Aircraft

(1) A person shall not operate an aircraft in commercial air transport unless that aircraft has an appropriate current airworthiness certificate, is in an airworthy condition, and meets the applicable airworthiness requirements for these operations, including those related to identification and equipment.

(2) A person shall not operate any specific type of aircraft in commercial air transport until it has completed satisfactory initial certification, which includes the issuance of an AOC listing that type of aircraft.

(3) A person shall not operate additional or replacement aircraft of a type for which it is currently authorised unless it can show that an aircraft has completed an evaluation process for inclusion in the AOC holder's fleet.

9.2.3.2 Dry Leasing Of Foreign Registered Aircraft

(1) An AOC holder may dry-lease a foreign-registered aircraft for commercial air transport as authorised by the Authority.

(2) A person shall not operate a foreign registered aircraft unless—
1. (a) there is in existence a current agreement between the Authority and the State of Registry that, while the aircraft is operated by the Saint Lucia AOC holder, the operations regulations of Saint Lucia are applicable;
1. (b) there is in existence a current agreement between the Authority and the State of Registry that—
  1. (i) while the aircraft is operated by the AOC holder, the airworthiness regulations of the State of Registry are applicable, or
  1. (ii) if the State of Registry agrees to transfer some or all of the responsibility for airworthiness to the Authority under Article 83 bis of the Chicago Convention, the airworthiness regulations of Saint Lucia shall apply to the extent agreed upon by the Authority and State of Registry;
1. (c) the agreement acknowledges that the Authority shall have free and uninterrupted access to the aircraft at any place and any time.

Implementing Standard: See IS: 9.2.3.2 for additional requirements for dry leasing of foreign-registered aircraft.

9.2.3.3 Aircraft Interchange

A person shall not interchange aircraft with another AOC holder without the approval of the Authority.

Implementing Standard: See IS: 9.2.3.3 for requirements pertaining to aircraft interchange agreements approved by the Authority.

9.2.3.4 Wet-Leasing

(1) A person shall not conduct wet-lease operations on behalf of another air operator except in accordance with the applicable laws and regulations of the country in which the operation occurs and the restrictions imposed by the Authority.

(2) A person shall notallow another entity or air operator to conduct wet-lease operations on its behalf unless—
1. (a) that air operator holds an AO C or its equivalent from a Contracting State that authorises those operations; and
1. (b) the AOC holder advises the Authority of such operations and provides a copy of the AOC under which the operation was conducted.

Implementing Standard: See IS: 9.2.3.4 for additional requirements when wet leasing aircraft.

9.2.3.5 Emergency Evacuation Demonstration

(1) A person shall not use an aircraft type and model in commercial air transport passenger-carrying operations unless it has first conducted, for the Authority, an actual full capacity emergency evacuation demonstration for the configuration in 90 seconds or less.

(2) The full capacity actual demonstration may not be required, if the AOC holder provides a written petition for deviation with evidence that—
1. (a) a satisfactory full capacity emergency evacuation for the aircraft to be operated was demonstrated during the aircraft type certification or during the certification of another air operator; and
1. (b) there is an engineering analysis, which shows that an evacuation is still possible within the 90-second standard, if the AOC holder's aircraft configuration differs with regard to number of exits or exit type or number of Cabin Crews or location of the attendants.

(3) If a full capacity demonstration is not required, A person shall not use an aircraft type and model in commercial air transport passenger carrying operations unless it has first demonstrated to the Authority that its available personnel, procedures and equipment could provide sufficient open exits for evacuation in 15 seconds or less.

(4) A person shall not use a land plane in extended overwater operations unless it has first demonstrated to the Authority that it has the ability and equipment to efficiently carry out its ditching procedures.

Implementing Standard: See IS: 9.2.3.5 for additional requirements concerning emergency evacuation demonstrations.

9.2.3.6 Demonstration Flights

(1) A person shall not operate an aircraft type in commercial air transport unless it first conducts satisfactory demonstration flights for the Authority in that aircraft type on its scheduled routes.

(2) A person shall not operate an aircraft in a designated special area, or using a specialised navigation system, unless it conducts a satisfactory demonstration flight for the Authority.

(3) Demonstration flights required by paragraph (1) shall be conducted in accordance with the regulations applicable to the type of operation and aircraft type used.

(4) The Authority may authorise deviations from this section if the Authority finds that special circumstances make full compliance with this section unnecessary.

Implementing Standard: See IS: 9.2.3.6 for additional requirements concerning demonstration flights.

9.2.4 Facilities and Operations Schedules

9.2.4.1 Facilities

(1) An operator shall maintain operational and airworthiness support facilities at the main operating base, appropriate for the area and type of operation.

(2) An AOC holder shall arrange appropriate ground handling facilities at each airport used to ensure the safe servicing and loading of its flights.

9.2.4.2 Operations Schedules

In establishing flight operations schedules, an AOC holder conducting scheduled operations shall allow enough time for the proper servicing of aircraft at intermediate stops, and shall consider the prevailing winds en route and cruising speed for the type of aircraft. This cruising speed may not be more than that resulting from the specified cruising output of the engines.

9.3 AOC FLIGHT OPERATIONS MANAGEMENT

9.3.1.1 Applicability

Subpart 9.3 provides those certification requirements that apply to management of flight operations personnel and their functions.

9.3.1.2 Operations Manual

(1) An AOC holder shall issue to the crew members and persons assigned operational control functions, an Operations Manual acceptable to the Authority.

(2) The Operations Manual shall contain the overall (general) company policies and procedures regarding the flight operations it conducts.

(3) An AOC holder shall prepare and keep current an Operations Manual which contains the AOC procedures and policies for the use and guidance of its personnel.

(4) An AOC holder shall issue the Operations Manual, or pertinent portions, together with all amendments and revisions to all personnel that are required to use it.

(5) A person shall not provide for use of its personnel in commercial air transport, any Operations Manual or portion of this manual which has not been reviewed and found acceptable or approved for the AOC holder by the Authority.

(6) An AOC holder shall ensure that the contents of the Operations Manual includes at least those subjects designated by the Authority that are applicable to the AOC holder's operations.

(7) Unless otherwise acceptable to the Authority, an AOC holder shall provide an Operations Manual containing information on operations administration and supervision, accident prevention and flight safety programmes, personnel training, flight crew and Cabin Crew fatigue and flight time limitations, flight operations, aircraft performance, routes, guides and charts, minimum flight altitudes, aerodrome operating minima, search and rescue, dangerous goods, navigation, communications, security, and human factors. The operations manual shall encompass the matters set forth above. The operations manual may be published in parts, as a single document, or as a series of volumes. Specific subjects are listed below. Subjects presented with reference to a specific section shall be addressed in accordance with the requirements of the referenced section below:
1. (a) Flight dispatching and operational control. (9.3.1.23);
1. (b) Flight crew succession of command. (9.3.1.6);
1. (c) Procedures for operating in adverse weather. (8.6.2.3);
1. (d) Procedures for refuelling. (8.9.1.2);
1. (e) Pilot and dispatcher route and airport qualification procedures. (8.10.1.29 & 8.10.1.30);
1. (f) Organisation and maintenance arrangements. (Part 6);
1. (g) Airworthiness release and aircraft log entry procedures (5.6.1.4, 8.6.2.19);
1. (h) Aircraft Operating Manual. (9.3.1.4);
1. (i) Minimum Equipment List and Configuration Deviation List. (9.3.1.12);
1. (j) Training Programme. (9.3.1.3);
1. (k) Aircraft Performance Planning Manual. (9.3.1.13);
1. (l) Route Guide. (9.3.1.20);
1. (m) Dangerous Goods Procedures;
1. (n) Accident Reporting Procedures;
1. (o) Security Procedures;
1. (p) Aircraft Loading and Handling Manual. (9.3.1.15);
1. (q) Cabin Crew Manual (if required). (9.3.1.17).

Implementing Standard: See IS: 9.3.1.2 for a sample Operations Manual.

9.3.1.3 Training Programme

(1) An AOC holder shall ensure that all operations personnel are properly instructed in their duties and responsibilities and the relationship of such duties to the operation as a whole.

(2) An AOC holder shall have a training programme manual approved by the Authority containing the general training, checking and record keeping policies.

(3) An AOC holder shall have approval of the Authority prior to using a training curriculum for the purpose of qualifying a crewmember, or person performing operational control functions, for duties in commercial air transport.

(4) An AOC holder shall submit to the Authority any revision to an approved training programme, and shall receive written approval from the Authority before that revision can be used.

Implementing Standard: See IS 9.3.1.3 for a training program manual outline.

9.3.1.4 Aircraft Operating Manual

(1) An AOC holder or applicant shall submit proposed aircraft operating manuals for each type and variant of aircraft operated, containing the normal, abnormal and emergency procedures relating to the operation of the aircraft for approval by the Authority.

(2) An Aircraft Operating Manual shall be based upon the aircraft manufacturer's data for the specific aircraft type and variant operated by the AOC holder and shall include specific operating parameters, details of the aircraft systems and of the check lists to be used applicable to the operations of the AOC that are approved by the Authority. The design of the manual shall observe human factors principles.

(3) The Aircraft Operating Manual shall be issued to the flight crewmembers and persons assigned operational control functions to each aircraft operated by the AOC.

Note: Implementing Standard IS: 9.3.1.4 presents an outline for an Aircraft Operating Manual that combines numerous manual requirements.

9.3.1.5 AOC Holder's Aircraft Technical Log – Journey Records Section

An AOC holder shall use an aircraft technical log containing a journey records section which includes the following information for each flight (See 9.4.1.9 for maintenance section of the aircraft technical log):
1. (a) aircraft nationality and registration;
1. (b) date;
1. (c) names of crew members;
1. (d) duty assignments of crew members;
1. (e) place of departure;
1. (f) place of arrival;
1. (g) time of departure;
1. (h) time of arrival;
1. (i) hours of flight;
1. (j) nature of flight (private, aerowork, scheduled, non-scheduled);
1. (k) fuel and oil records;
1. (l) incidents, observations, if any; and
1. (m) signature of person in charge.

9.3.1.6 Designation Of PIC For Commercial Air Transport

An AOC holder shall, for each commercial air transport operation, designate in writing one pilot as the PIC and shall establish a procedure for the succession of command.

9.3.1.7 Required Cabin Crews

(1) The AOC holder shall schedule, and the PIC shall ensure that the minimum number of required Cabin Crews are on board passenger carrying flights.

(2) The number of Cabin Crews may not be less than the minimum prescribed by the Authority in the AOC holders' operations provisions or the following, whichever is greater—
1. (a) for a seating capacity of 20 to 50 passengers: 1 Cabin Crew; and
1. (b) one additional Cabin Crew for each unit, or part of a unit of 50 passenger seat capacity.

(3) When passengers are on board a parked aircraft, the minimum number of Cabin Crews shall be one half that required for the flight operation, but never less than one Cabin Crew (or another person qualified in the emergency evacuation procedures for the aircraft).

Note: Where one-half would result in a fractional number, it is permissible to round down to the next whole number.

9.3.1.8 Carriage Of Special Situation Passengers

An AOC holder shall not allow the transportation of special situation passengers except—
1. (a) as provided in the AOC holder's Operations Manual procedures; and
1. (b) with the knowledge and concurrence of the PIC.

9.3.1.9 Crew Member Checking And Standardisation Programme

An AOC holder shall have a programme of checking and standardisation of crew members approved by the Authority.

9.3.1.10 Training To Proficiency: Pilots

An AOC holder may train its pilots to proficiency on those manoeuvres and procedures that are prescribed by the Authority for pilot proficiency checks, during every other proficiency check following the initial check.

Implementing Standard: See IS: 9.3.1.10 for requirements pertaining to aircraft simulator training used in a proficiency check.

9.3.1.11 Cockpit Check Procedure

(1) An AOC holder shall issue to the flight crews and make available on each aircraft, the flight deck condensed checklist procedures approved by the Authority and appropriate for the type and variant of aircraft.

(2) An AOC holder shall ensure that approved procedures include each item necessary for flight crew members to check for safety before starting engines, taking off, or landing, and for engine and systems abnormalities and emergencies.

(3) An AOC holder shall ensure that the checklist procedures are designed so that a flight crewmember will not need to rely upon their memory for items to be checked.

(4) An AOC holder shall make the approved procedures readily useable in the cockpit of each aircraft and the flight crew shall be required to follow them when operating the aircraft.

9.3.1.12 Minimum Equipment List And Configuration Deviation List

(1) An AOC holder shall provide for the use of the flight crewmembers, maintenance personnel and persons assigned operational control function during the performance of their duties, an MEL approved by the Authority.

(2) The MEL shall be specific to the aircraft type and variant which contains the circumstances, limitations and procedures for release or continuance of flight of the aircraft with inoperative components, equipment or instruments.

(3) An AOC holder may provide for the use of flight crew, maintenance personnel and persons assigned operational control functions during the performance of their duties a Configuration Deviation List (CDL) specific to the aircraft type if one is provided and approved by the State of Design. An AOC Holder operations manual shall contain those procedures acceptable to the Authority for operations in accordance with the CDL requirements.

9.3.1.13 Performance Planning Manual

(1) An AOC holder shall provide for the use of the flight crewmembers and persons assigned operational control functions during the performance of their duties, a performance planning manual acceptable to the Authority.

(2) The performance planning manual shall be specific to aircraft type and variant which contains adequate performance information to accurately calculate the performance in all normal phases of flight operation.

9.3.1.14 Performance Data Control System

(1) An AOC holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current performance data for each aircraft, route and airport that it uses.

(2) The system approved by the Authority shall provide current obstacle data for departure and arrival performance calculations.

9.3.1.15 Aircraft Loading and Handling Manual

(1) An AOC holder shall provide for the use of the flight crewmembers, ground handling personnel and persons assigned operational control functions during the performance of their duties, an aircraft handling and loading manual acceptable to the Authority.

(2) This manual shall be specific to the aircraft type and variant which contains the procedures and limitations for servicing and loading of the aircraft.

9.3.1.16 Mass and Balance Data Control System

An AOC holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current information regarding the mass and balance of each aircraft operated.

9.3.1.17 Cabin Crew Manual

(1) The AOC holder shall issue to the Cabin Crews a Cabin Crew manual acceptable to the Authority and provide applicable excerpts to passenger agents during the performance of their duties.

(2) The Cabin Crew manual shall contain those operational policies and procedures applicable to Cabin Crews and the carriage of passengers.

(3) The AOC holder shall issue to the Cabin Crews, a manual specific to the aircraft type and variant which contains the details of their normal, abnormal and emergency procedures and the location and operation of emergency equipment.

Note: These manuals may be combined into one manual for use by the Cabin Crews.

9.3.1.18 Passenger Briefing Cards

(1) An AOC holder shall carry on each passenger carrying aircraft, in convenient locations for the use of each passenger, printed cards supplementing the oral briefing and containing—
1. (a) diagrams and methods of operating the emergency exits;
1. (b) other instructions necessary for use of the emergency equipment; and
1. (c) information regarding the restrictions and requirements associated with sitting in an exit seat row.

(2) An AOC holder shall ensure that a card contains information that is pertinent only to the type and variant of aircraft used for that flight.

Implementing Standard: See IS: 9.3.1.18 for specific information to be included on passenger information cards.

9.3.1.19 Aeronautical Data Control System

An AOC holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current aeronautical data for each route and airport that it uses.

Implementing Standard: See IS: 9.3.1.19 for the specific airport information to be contained in the aeronautical data control system.

9.3.1.20 Route Guide

(1) An AOC holder shall provide for the use of the flight crewmembers and persons assigned operational control functions during the performance of their duties, a route guide and aeronautical charts approved by the Authority.

(2) The route guide and aeronautical charts shall be current and appropriate for the proposed types and areas of operations to be conducted by the AOC holder.

9.3.1.21 Weather Reporting Sources

(1) An AOC holder shall use sources approved the Authority for the weather reports and forecasts used for decisions regarding flight preparation, routing and terminal operations.

(2) For passenger carrying operations on a published schedule, the AOC holder shall have an approved system for obtaining forecasts and reports of adverse weather phenomena that may affect safety of flight on each route to be flown and airport to be used.

Implementing Standard: See IS: 9.3.1.21 for sources of weather reports satisfactory for flight planning or controlling flight movement.

9.3.1.22 De-Icing And Anti -Icing Programme

An AOC holder planning to operate an aircraft in conditions where frost, ice, or snow may reasonably be expected to adhere to the aircraft shall—
1. (a) use only aircraft adequately equipped for such conditions;
1. (b) ensure flight crew is adequately trained for such conditions; and
1. (c) have an approved ground de-icing and anti-icing programme.

Implementing Standard: See IS: 9.3.1.22 for detailed requirements pertaining to the AOC holder's de-icing programme.

9.3.1.23 Flight Supervision And Monitoring System

(1) For operations on a published schedule, an AOC holder shall have an adequate system approved by the Authority for proper dispatch and monitoring of the progress of the scheduled flights.

(2) The dispatch and monitoring system shall have enough dispatch centres, adequate for the operations to be conducted, located at points necessary to ensure adequate flight preparation, dispatch and inflight contact with the scheduled flight operations.

(3) For scheduled operations, an AOC holder shall provide enough qualified flight operations officers at a dispatch centre to ensure proper operational control of each flight.

9.3.1.24 Flight Following System

(1) For charter flight operations, an AOC holder shall have a system for providing flight preparation documents and determining the departure and arrival times of its flights at all airports approved by the Authority.

(2) The system described in paragraph (1) shall have a means of communication by private or available public facilities to monitor the departure and arrival at all airports, including flight diversions.

(3) For an aircraft under 5,700 kg, an AOC holder is not required to have a flight following system for each flight in which an ATC flight plan is filed and remains active until arrival at its destination.

Implementing Standard: See IS: 9.3.1.24

9.3.1.25 Communications Facilities

(1) An AOC holder's flights shall be able to have 2-way radio communications with all ATC facilities along the routes and alternate routes to be used.

(2) For passenger carrying operations on a published schedule, an AOC holder shall be able to have rapid and reliable radio communications with all flights over the AOC's entire route structure under normal operating conditions.

9.3.1.26 Routes and Areas of Operation

(1) An AOC holder may conduct operations only along such routes and within such areas for which—
1. (a) ground facilities and services, including meteorological services, are provided which are adequate for the planned operation;
1. (b) the performance of the aircraft intended to be used is adequate to comply with minimum flight altitude requirements;
1. (c) the equipment of the aircraft intended to be used meets the minimum requirements for the planned operation;
1. (d) appropriate and current maps and charts are available;
1. (e) if 2-engine aircrafts are used, adequate airports are available with the time/distance limitations; and
1. (f) if single-engine aircrafts are used, surfaces are available which permit a safe forced landing to be executed.

(2) A person shall not conduct commercial air transport operations on any route or area of operation unless those operations are in accordance with any restrictions imposed by the Authority.

9.3.1.27 Navigational Accuracy

(1) An AOC holder shall have, for each proposed route or area, navigational systems and facilities capable of navigating the aircraft—
1. (a) within the degree of accuracy required for ATC; and
1. (b) to the airports in the operational flight plan within the degree of accuracy necessary for the operation involved.

(2) In situations without adequate navigation systems reference, the Authority may authorise day VFR operations that can be conducted safely by pilotage because of the characteristics of the terrain.

(3) Except for those navigational aids required for routes to alternate airports, the Authority will list in the AOC holder's operations specifications, non-visual ground aids required for approval of routes outside of controlled airspace.

(4) Non-visual ground aids are not required for night VFR operations on routes that the certificate holder shows have reliably lighted landmarks adequate for safe operation.

(5) Operations on route segments where celestial or other specialized means of navigation are used shall be approved by the Authority.

9.4 AOC MAINTENANCE REQUIREMENTS

9.4.1.1 Applicability

This Subpart provides those certification and maintenance requirements that apply to an AOC holder utilising an AMO.

9.4.1.2 Maintenance Responsibility

(1) An AOC holder shall ensure the airworthiness of the aircraft and the serviceability of both operational and emergency equipment by—
1. (a) assuring the accomplishment of preflight inspections;
1. (b) assuring the correction of any defect and/or damage affecting safe operation of an aircraft to an approved standard, taking into account the MEL and CDL if available for the aircraft type;
1. (c) assuring the accomplishment of all maintenance in accordance with the operator's aircraft maintenance programme approved by the Authority;
1. (d) the analysis of the effectiveness of the AOC holder's approved aircraft maintenance programme;
1. (e) assuring the accomplishment of any operational directive, airworthiness directive and any other continued airworthiness requirement made mandatory by the Authority; and
1. (f) assuring the accomplishment of modifications in accordance with an approved standard and, for non-mandatory modifications, the establishment of an embodiment policy.

(2) An AOC holder shall ensure that the Certificate of Airworthiness for each aircraft operated remains valid in respect to—
1. (a) the requirements in paragraph (a);
1. (b) the expiration date of the Certificate; and
1. (c) any other maintenance condition specified in the Certificate.

(3) An AOC holder shall ensure that the requirements specified in paragraph (a) are performed in accordance with procedures approved by or acceptable to the Authority.

(4) An AOC holder shall ensure that the maintenance, preventive maintenance, and modification of its aircraft/aeronautical products are performed in accordance with its maintenance control manual and/or current instructions for continued airworthiness, and applicable aviation regulations.

(5) An AOC holder may make an arrangement with another person or entity for the performance of any maintenance, preventive maintenance, or modifications; but shall remain responsible for all work performed under such arrangement.

9.4.1.3 Approval And Acceptance Of Aoc Maintenance Systems And Programmes

(1) An AOC holder shall not operate an aircraft, except for pre-flight inspections, unless it is maintained and released to service by an AMO or equivalent system of maintenance that is approved by the State of Registry and is acceptable to the Authority.

(2) For an aircraft registered in Saint Lucia, an AMO or an equivalent system of maintenance shall be approved by the Authority.

(3) For an aircraft not registered in Saint Lucia, an AMO or an equivalent system of maintenance will be approved by the State of Registry of the aircraft, and such approval will be accepted by the Authority.

(4) When the Authority or the State of Registry accepts an equivalent system of maintenance, the persons designated to sign a maintenance release or airworthiness release shall be licensed in accordance with the regulations of the State of Registry.

9.4.1.4 Maintenance Control Manual

(1) A Saint Lucia AOC holder shall provide to the Authority, and to the State of Registry of the aircraft, if different from the Authority, an AOC holder's maintenance control manual and subsequent amendments, for the use and guidance of maintenance and operational personnel concerned, containing details of the organisation's structure including:
1. (a) the accountable manager and designated person(s) responsible for the maintenance system as required by 9.2.2.2;
1. (b) procedures to be followed to satisfy the maintenance responsibility of 9.4.1.2, except where the AOC holder is an AMO, and the quality functions of 9.4.1.6. Such procedures may be included in the AMO procedures manual;
1. (c) procedures for the reporting of failures, malfunctions, and defects in accordance with 5.5.1.4, to the Authority, State of Registry and the State of Design within 72 hours of discovery; in addition, items that warrant immediate notification to the Authority by telephone/telex/fax, with a written follow-on report as soon as possible but no later than within 72 hours of discovery, are—
  1. (i) primary structural failure,
  1. (ii) control system failure,
  1. (iii) fire in the aircraft,
  1. (iv) engine structure failure, or
  1. (v) any other condition considered an imminent hazard to safety.

(2) The AOC holder's maintenance control manual shall contain the following information which may be issued in separate parts—
1. (a) a description of the administrative agreements between the AOC holder and the AMO, or a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an AMO;
1. (b) a description of the procedures to ensure each aircraft they operate is in an airworthy condition;
1. (c) a description of the procedures to ensure the operational emergency equipment for each flight is serviceable;
1. (d) the names and duties of the person or persons required to ensure that all maintenance is carried out in accordance with the maintenance control manual;
1. (e) a reference to the maintenance programme required in 9.4.1.12;
1. (f) a description of the methods for completion and retention of the operator's maintenance records required by 9.4.1.8;
1. (g) a description of the procedures for monitoring, assessing and reporting maintenance and operational experience for all aircraft over 5,700 kg maximum certificated take-off mass;
1. (h) a description of the procedures for obtaining and assessing continued airworthiness information and implementing any resulting actions for all aircraft over 5,700 kg maximum certificated take-off mass, from the organisation responsible for the type design, and implementing such actions considered necessary by the State of Registry;
1. (i) a description of the procedures for implementing mandatory continuing airworthiness information as required in 9.4.1.2(a)(5);
1. (j) a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme in order to correct any deficiency in that programme;
1. (k) a description of aircraft types and models to which the manual applies;
1. (l) a description of procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and
1. (m) a description of the procedures for advising the State of Registry of significant in-service occurrences.

(3) A person shall not provide for use of its personnel in commercial air transport any Maintenance Control Manual or portion of this manual which has not been reviewed and approved for the AOC holder by the Authority.

Note: See IS: 9.4.1.4 for an outline of specific subjects to be contained as appropriate in the AOC holder's maintenance control manual.

9.4.1.5 Maintenance Management

(1) The AOC holder, approved as an AMO, may carry out the requirements specified in 9.4.1.2 (1)(b),(c),(e)and (f).

(2) If the AOC holder is not an AMO, the AOC holder shall meet its responsibilities under in 9.4.1.2 (1)(b),(c),(e)and (f) through an arrangement with an AMO with a written maintenance contract agreed between the AOC holder and the contracting AMO and approved by the Authority, detailing the required maintenance functions and defining the support of the quality functions approved or accepted by the Authority.

(3) An AOC holder shall employ a person or group of persons, acceptable to the Authority, to ensure that all maintenance is carried out to an approved standard such that the maintenance requirements of 9.4.1.2 and requirements of the AOC holder's maintenance control manual are satisfied, and to ensure the functioning of the quality system.

(4) An AOC holder shall provide suitable office accommodation at appropriate locations for the personnel specified in paragraph (3).

9.4.1.6 Quality System

(1) For maintenance purposes, an AOC holder's quality system required by 9.2.2.3 shall additionally include at least the following functions:
1. (a) monitoring that the activities of 9.4.1.2 are being performed in accordance with the accepted procedures;
1. (b) ensure that all contracted maintenance is carried out in accordance with the contract;
1. (c) monitoring the continued compliance with the requirements of Subpart 9.4.

(2) For maintenance purposes, an AOC holder's quality system required by 9.2.2.3 shall include a quality assurance programme that contains procedures designed to verify that all maintenance operations are being conducted in accordance with all applicable requirements, standards and procedures.

(3) Where the AOC holder is also an AMO, the AOC holder's quality management system may be combined with the requirements of an AMO and submitted for acceptance to the Authority, and State of Registry for an aircraft not registered in Saint Lucia.

Implementing Standard: See IS: 9.4.1.6 for additional quality system requirements for maintenance activities.

9.4.1.7 Aircraft Technical Log Entries: AOC Holders

(1) A person who takes action in the case of a reported or observed failure or malfunction of an aircraft/aeronautical product, that is critical to the safety of flight shall make, or have made, a record of that action in the maintenance section of the aircraft technical log.

(2) An AOC holder shall have a procedure for keeping adequate copies of required records to be carried aboard, in a place readily accessible to each flight crewmember and shall put that procedure in the AOC holder's operations manual.

9.4.1.8 Maintenance Records

(1) An AOC holder shall ensure that a system has been established to keep, in a form acceptable to the Authority, the following records:
1. (a) the total time in service (hours, calendar time and cycles, as appropriate) of the aircraft and all lifelimited components;
1. (b) the current status of compliance with all mandatory continuing airworthiness information;
1. (c) appropriate details of modifications and repairs to the aircraft and its major components;
1. (d) the time in service (hours, calendar time and cycles, as appropriate) since last overhaul of the aircraft or its components subject to mandatory overhaul life;
1. (e) the current aircraft status of compliance with the maintenance programme; and
1. (f) the detailed maintenance records to show that all requirements for signing of a maintenance release and airworthiness release have been met.

(2) An AOC holder shall ensure that items in (a)(1-5) shall be kept for a minimum of 90 days after the unit to which they refer has been permanently withdrawn from service, and the records in (a)(6) shall be kept for a minimum of one year after the signing of the maintenance release and/or airworthiness release.

(3) An AOC holder shall ensure that in the event of temporary change of operator, the records specified in paragraph (a) shall be made available to the new operator.

(4) An AOC holder shall ensure that when an aircraft is permanently transferred from one operator to another operator, the records specified in paragraph (a) are also transferred.

9.4.1.9 AOC Holder's Aircraft Technical Log - Maintenance Record Section

(1) An AOC holder shall use an aircraft technical log which includes an aircraft maintenance record section containing the following information for each aircraft: (See 9.3.1.5 for operations section of the aircraft technical log)
1. (a) information about each previous flight necessary to ensure continued flight safety;
1. (b) the current aircraft maintenance release and/or an airworthiness release;
1. (c) the current inspection status of the aircraft, to include inspections due to be performed on an established schedule and inspections that are due to be performed that are not on an established schedule, except that the Authority may agree to the maintenance statement being kept elsewhere;
1. (d) the current maintenance status of the aircraft, to include maintenance due to be performed on an established schedule and maintenance that is due to be performed that is not on an established schedule, except that the Authority may agree to the maintenance statement being kept elsewhere;
1. (e) all deferred defects that affect the operation of the aircraft.

Note: Defects which are not airworthiness items may be deferred to a later date for rectification. When this is done, there must be a method of recording such a deferral, and normally the aircraft technical log has a section solely for this purpose. Some operators have a system of classifying deferred defects so as to allow different lengths of time, either in hours flown, number of sectors, or on return to a maintenance base, until a defect must be rectified before further flight.

(2) The aircraft technical log and any subsequent amendment shall be approved by the Authority.

9.4.1.10 Release to Service or Maintenance Section Records of the Technical Log

(1) An AOC holder shall not operate an aircraft unless it is maintained and released to service by an organisation approved in accordance with Part 6.

(2) An AOC holder using an AMO shall not operate an aircraft after release under subparagraph (1) unless an appropriate entry is made in accordance with the AOC maintenance control manual procedures acceptable to the Authority.

(3) The AOC holder shall give a copy of the maintenance release and/or airworthiness release form for the aircraft to the PIC, or ensure that an entry noting the release is made in the maintenance section of the aircraft technical log.

9.4.1.11 Modification and Repairs

(1) All modifications and repairs shall comply with airworthiness requirements acceptable to the State of Registry. Procedures shall be established to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained. However, in the case of a major repair or major modification, the work must have been done in accordance with technical data approved by the Authority.

(2) An AOC holder shall, promptly upon its completion, prepare a report of each major modification or major repair of an airframe, aircraft engine, propeller, or appliance of an aircraft operated by it.

(3) The AOC holder shall submit a copy of each report of a major modification to the Authority, and shall keep a copy of each report of a major repair available for inspection.

9.4.1.12 Aircraft Maintenance Programme

(1) An AOC holder's aircraft maintenance programme and any subsequent amendment shall be submitted to the State of Registry for approval; acceptance by the Authority will be conditioned upon prior approval by the State of Registry, or where appropriate, upon the AOC holder complying with recommendations provided by the State of Registry.

(2) The Authority will require an operator to include a reliability programme when the Authority determines that such a reliability programme is necessary. When such a determination is made by the Authority the AOC holder shall provide such procedures and information in the AOC holder's maintenance control manual.

(3) An AOC holder shall ensure that each aircraft is maintained in accordance with the AOC holder's aircraft approved maintenance programme as required by 9.4.1.3 which shall include—
1. (a) maintenance tasks and the intervals in which these are to be performed, taking into account the anticipated utilisation of the aircraft;
1. (b) when applicable, a continuing structural integrity programme;
1. (c) procedures for changing or deviating from subparagraphs (1) (c) and (2) (c); and
1. (d) when applicable, condition monitoring and reliability programmes, descriptions for aircraft systems, components, and power plants.

(4) Repetitive maintenance tasks that are specified in mandatory intervals as a condition of approval of the type design shall be identified as such.

Note: The maintenance programme should be based on maintenance programme information made available by the State of Design or by the organization responsible for the type design, and any additional applicable experience.

(5) A person shall not provide for use of its personnel in commercial air transport a maintenance programme or portion thereof which has not been reviewed and approved for the AOC holder by the Authority.

(6) Approval by the Authority of an AOC holder's maintenance programme and any subsequent amendments shall be noted in the AOC certificate pursuant to 9.1.1.7(b)(6).

(7) An AOC holder shall have an inspection programme and a programme covering other maintenance, preventive maintenance, and modifications to ensure that—
1. (a) maintenance, preventive maintenance, and modifications, are performed in accordance with the AOC holder's maintenance control manual;
1. (b) each aircraft released to service is airworthy and has been properly maintained for operation.

(8) The Authority may amend any specifications issued to an AOC holder to permit deviation from those provisions of this Subpart that would prevent the return to service and use of airframe components, powerplants, appliances, and spare parts thereof because those items have been maintained, altered, or inspected by persons employed outside Saint Lucia who do not hold an Saint Lucia technician's license. An AOC holder who is granted authority under this deviation shall provide for surveillance of facilities and practices to assure that all work performed on these parts is accomplished in accordance with the AOC holder's maintenance control manual.

See Implementing Standard 9.4.1.12 for the requirements for an Approved Continuous Maintenance Programme.

9.4.1.13 Reserved

9.4.1.14 Authority To Perform And Approve Maintenance, Preventive Maintenance And Modifications

An AOC holder shall make arrangements with an AMO (appropriately rated) for the performance of maintenance, preventive maintenance, or modifications of any aircraft, airframe, aircraft engine, propeller, appliance, or component, or part thereof as provided in its maintenance programme and maintenance control manual.

9.4.1.15 Reserved

9.4.1.16 Rest and Duty Limitations for Persons Performing Maintenance Functions on AOC Holder Aircraft

(1) A person shall not assign, or perform maintenance functions for aircraft certified for commercial air transport, unless that person has had a minimum rest period of 8 hours prior to the beginning of duty.

(2) A person shall not schedule a person performing maintenance functions for aircraft certified for commercial air transport for more than 12 consecutive hours of duty.

(3) In situations involving unscheduled aircraft unserviceability, persons performing maintenance functions for aircraft Certified for commercial air transport may be continued on duty for—
1. (a) up to 16 consecutive hours; or
1. (b) 20 hours in 24 consecutive hours.

(4) Following unscheduled duty periods, the person performing maintenance functions for aircraft shall have a mandatory rest period of 10 hours.

(5) The AOC holder shall relieve the person performing maintenance functions from all duties for 24 consecutive hours during any 7 consecutive day period.

9.5 AOC Security Management

9.5.1.1 Applicability

This Subpart provides those certification requirements that apply to the AOC holder's protection of aircraft, facilities and personnel from unlawful interference.

9.5.1.2 Security Requirements

An AOC holder shall ensure that all appropriate personnel are familiar, and comply with, the relevant requirements of the national security programmes of the State of the operator.

9.5.1.3 Security Training Programmes

An AOC holder shall establish, maintain and conduct approved training programmes which enable the operator's personnel to take appropriate action to prevent acts of unlawful interference such as sabotage or unlawful seizure of aircraft and to minimise the consequences of such events should they occur.

9.5.1.4 Reporting Acts Of Unlawful Interference

Following an act of unlawful interference on board an aircraft the PIC or, in his absence, the AOC holder shall submit, without delay, a report of such an act to the designated local authority and the Authority in the State of the operator.

9.5.1.5 Aircraft Search Procedure Checklist

An AOC holder shall ensure that all aircraft carry a checklist of the procedures to be followed for that type aircraft in searching for concealed weapons, explosives, or other dangerous devices.

9.5.1.6 Flight Crew Compartment Security

If installed, the flight crew compartment door on aircraft operated for the purpose of carrying passengers shall be capable of being locked from within the compartment in order to prevent unauthorised access.

9.6 AOC DANGEROUS GOODS MANAGEMENT

9.6.1.1 Applicability

Subpart 9.6 provides those certification requirements that apply to management of flight operations personnel and their functions.

9.6.1.2 Approval To Transport Dangerous Goods

An AOC holder shall not transport dangerous goods unless approved to do so by the Authority.

9.6.1.3 Scope

(1) An AOC holder shall comply with the provisions contained in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods By Air, ICAO Doc. 9284 (Technical Instructions) on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of Saint Lucia. Where dangerous goods are to be transported outside the territory of Saint Lucia, the AOC holder shall review and comply with the appropriate variations noted by contracting states contained in Attachment 3 to the Technical Instructions.

(2) Articles and substances which would otherwise be classed as dangerous goods are excluded from the provisions of Subpart 9.6, to the extent specified in the Technical Instructions, provided they are—
1. (a) required to be aboard the aircraft for operating reasons;
1. (b) carried as catering or cabin service supplies;
1. (c) carried for use in flight as veterinary aid or as a humane killer for an animal; or
1. (d) carried for use in flight for medical aid for a patient, provided that—
  1. (i) gas cylinders have been manufactured specifically for the purpose of containing and transporting that particular gas,
  1. (ii) drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aircraft,
  1. (iii) equipment containing wet cell batteries is kept and, when necessary, secured in an upright position to prevent spillage of the electrolyte, and
  1. (iv) proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the PIC in the interests of safety, or
  1. (v) they are carried by passengers or crew members.

(3) Articles and substances intended as replacements for those in paragraph (1) (b) may be transported on an aircraft as specified in the Technical Instructions.

9.6.1.4 Limitations On The Transport Of Dangerous Goods

(1) An AOC holder shall take all reasonable measures to ensure that articles and substances that are specifically identified by name or generic description in the Technical Instructions as being forbidden for transport under any circumstances, are not carried on any aircraft.

(2) An AOC holder shall take all reasonable measures to ensure that articles and substances or other goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances are transported only when—
1. (a) they are exempted by the States concerned under the provisions of the Technical Instructions; or
1. (b) the Technical Instructions indicate they may be transported under an approval issued by the State of Origin.

9.6.1.5 Classification

An AOC holder shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the Technical Instructions.

9.6.1.6 Packing

An AOC holder shall take all reasonable measures to ensure that dangerous goods are packed as specified in the Technical Instructions.

9.6.1.7 Labelling and Marking

(1) An AOC holder shall take all reasonable measures to ensure that packages, overpacks and freight containers are labelled and marked as specified in the Technical Instructions.

(2) Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of Saint Lucia, the AOC holder shall ensure that labelling and marking are in the English language in addition to any other language requirements.

9.6.1.8 Dangerous Goods Transport Document

(1) An AOC holder shall ensure that, except when otherwise specified in the Technical Instructions, dangerous goods are accompanied by a dangerous goods transport document.

(2) Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of a State, the AOC holder shall ensure that the English language is used for the dangerous goods transport document in addition to any other language requirements.

9.6.1.9 Acceptance of Dangerous Goods

(1) An AOC holder shall not accept dangerous goods for transport until the package, overpack or freight container has been inspected in accordance with the acceptance procedures in the Technical Instructions.

(2) An AOC holder, or its handling agent, shall use an acceptance check list which—
1. (a) shall allow for all relevant details to be checked; and
1. (b) shall be in such form as will allow for the recording of the results of the acceptance check by manual, mechanical or computerised means.

9.6.1.10 Inspection for Damage, Leakage or Contamination

An AOC holder shall ensure that:
1. (a) packages, overpacks and freight containers are inspected for evidence of leakage or damage immediately prior to loading on an aircraft or into a unit load device, as specified in the Technical Instructions;
1. (b) a unit load device is not loaded on an aircraft unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained therein;
1. (c) leaking or damaged packages, overpacks or freight containers are not loaded on an aircraft;
1. (d) any package of dangerous goods found on an aircraft and which appears to be damaged or leaking is removed or arrangements made for its removal by an appropriate authority or organisation;
1. (e) after removal of any leaking or damaged goods, the remainder of the consignment is inspected to ensure it is in a proper condition for transport and that no damage or contamination has occurred to the aircraft or its load; and
1. (f) packages, overpacks and freight containers are inspected for signs of damage or leakage upon unloading from an aircraft or from a unit load device and, if there is evidence of damage or leakage, the area where the dangerous goods were stowed is inspected for damage or contamination.

9.6.1.11 Removal of Contamination

An AOC holder shall ensure that—
1. (a) any contamination found as a result of the leakage or damage of dangerous goods is removed without delay; and
1. (b) an aircraft which has been contaminated by radioactive materials is immediately taken out of service and not returned until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

9.6.1.12 Loading Restrictions

(1) Passenger Cabin and Flight Deck. An AOC holder shall ensure that dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck, unless otherwise specified in the Technical Instructions.

(2) Cargo Compartments. An AOC holder shall ensure that dangerous goods are loaded, segregated, stowed and secured on an aircraft as specified in the Technical Instructions.

(3) Dangerous Goods Designated for Carriage Only on Cargo Aircraft.

An AOC holder shall ensure that packages of dangerous goods bearing the “Cargo Aircraft Only” label are carried on a cargo aircraft and loaded as specified in the Technical Instructions.

9.6.1.13 Provision of Information

(1) Information to Ground Staff. An AOC holder shall ensure that:
1. (a) information is provided to enable ground staff to carry out their duties with regard to the transport of dangerous goods, including the actions to be taken in the event of incidents and accidents involving dangerous goods; and
1. (b) where applicable, the information referred to in paragraph (a) is also provided to the handling agent.

(2) Information to Passengers. An AOC holder shall ensure that information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from transporting aboard an aircraft.

(3) Information to Acceptance Points Personnel. An AOC holder and, where applicable, the handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the transport of dangerous goods.

(4) Information to Crew Members. An AOC holder shall ensure that information is provided in the Operations Manual to enable crew members to carry out their responsibilities in regard to the transport of dangerous goods, including the actions to be taken in the event of emergencies arising involving dangerous goods.

(5) Information to the PIC. An AOC holder shall ensure that the PIC is provided with written information, as specified in the Technical Instructions.

(6) Information in the Event of an Aircraft Incident or Accident. An AOC holder which is involved in an aircraft incident shall—
1. (a) as soon as possible, inform the appropriate authority of the State in which the aircraft accident occurred of any dangerous goods carried; and
1. (b) on request, provide any information required to minimise the hazards created by any dangerous goods carried.

9.6.1.14 Training Programmes

(1) An AOC holder shall establish, maintain, and have approved by the Authority, staff training programmes, as required by the Technical Instructions.

(2) An AOC holder not holding a permanent approval to carry dangerous goods shall ensure that—
1. (a) staff who are engaged in general cargo handling have received training to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column I of Table I to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and how to identify such goods;
1. (b) crew members, passenger handling staff, and security staff employed by the AOC holder who deal with the screening of a passengers and their baggage, have received training which covers as a minimum, the areas identified in Column 2 of Table I to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers.

TABLE 1

(3) An AOC holder holding a permanent approval to carry dangerous goods shall ensure that:
1. (a) staff who are engaged in the acceptance of dangerous goods have received training and are qualified to carry out their duties which covers as a minimum, the areas identified in Column I of Table 2 to a depth sufficient to ensure the staff can take decisions on the acceptance or refusal of dangerous goods offered for carriage by air;
1. (b) staff who are engaged in ground handling, storage and loading of dangerous goods have received training to enable them to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 2 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them;
1. (c) staff who are engaged in general cargo handling have received training to enable them to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 3 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them;
1. (d) flight crew members have received training which covers as a minimum, the areas identified in Column 4 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and how they should be carried on an aircraft;
1. (e) passenger handling staff; security staff employed by the operator who deal with the screening of passengers and their baggage; and crew members other than flight crew members, have received training which covers as a minimum, the areas identified in Column 5 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and what requirements apply to the carriage of such goods by passengers or, more generally, their carriage on an aircraft.

(4) An AOC holder shall ensure that all staff who require dangerous goods training receive recurrent training at intervals of not longer than 2 years.

(5) An AOC holder shall ensure that records of dangerous goods training are maintained for all staff trained in accordance with paragraph (d).

(6) An AOC holder shall ensure that its handling agent's staff are trained in accordance with the applicable column of Table 1 or Table 2.

9.6.1.15 Dangerous Goods Incident and Accident Reports

An AOC holder shall report dangerous goods incidents and accidents to the Authority within 72 hours of the event, unless exceptional circumstances prevent this.

PART 10
COMMERCIAL AIR TRANSPORT BY FOREIGN AIR CARRIERS

CONTENTS

10.1	GENERAL
10.1.1.1	Applicability
10.1.1.2	Definitions
10.1.1.3	Compliance
10.1.1.4	Authority to Inspect
10.1.1.5	Specific Operating Provisions
10.1.2	Documents
10.1.2.1	Foreign air operator's Aeroplane/Helicopter Technical Log
10.1.2.2	Air Operator Manuals to be Carried
10.1.2.3	Additional Information and Forms to be Carried
10.1.2.4	Production of Documentation, Manuals and Records
10.1.2.5	Preservation, Production and Use of Flight Recorder Recordings
10.1.3	Performance
10.1.3.1	Computation of Passenger and Baggage Weights
10.1.3.2	Single-Engine Aircraft
10.1.4	Operations
10.1.4.1	Approach and Landing Conditions
10.2	SECURITY
10.2.1.1	Aircraft Security
10.2.1.2	Unauthorized Carriage
10.3	Dangerous Goods
10.3.1.1	Offering Dangerous Goods for Transport by Air
10.3.1.2	Carriage of Weapons of War and Munitions of War
10.3.1.3	Carriage of Sporting Weapons and Ammunition