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1. Citation

These Regulations may be cited as the Civil Aviation (Flight Safety) Regulations.

2. Interpretation

(1) In these Regulations —

“Act” means the Civil Aviation Act;

“approved maintenance organization certificate” means an approved maintenance organization certificate issued under Part 5;

“aviation training organization” means an organization which holds a valid aviation training organization certificate;

“aviation training organization certificate” means an aviation training organization certificate issued under Part 3;

“cargo” includes mail and animals;

“Director” means a person appointed as Director of the Flight Safety Division under regulation 11;

“dropping” includes projecting and lowering;

“exhibition organizer” means a person who organizes an organized event;

“in flight” means from the moment after the embarkation of an aircraft's crew for the purpose of taking off, the aircraft first moves under its own power, until the moment when it next comes to rest after landing.

“organized event” means an exhibition of flying, an aircraft race or contest which is likely to be attended by more than 200 persons and which consists wholly or partly of an exhibition of flying, aircraft race or contest;

“instrument” means a document issued by the Government and includes Regulations, a direction, an instruction, a rule or other requirement, a notice and a certificate, a licence, an approval, a permission, an exemption, an authorization, a logbook record or other document;

“instruments”, in relation to flight and navigation, means aircraft components used by the flight crew;

“pilot”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of another pilot in the aircraft;

“registered owner” means a person in whose name an aircraft is registered.

(2) Part 1 of the Schedule applies in relation to definitions for the purposes of these Regulations.

3. Application of Convention

For the purposes of these Regulations, the Chicago Convention and the Standards and Recommended Practices established by the ICAO and other internationally recognised standards and practices applies, as appropriate, in Saint Lucia.

4. Extra-territorial effect of Regulations

These Regulations must be applied in accordance with section 3 of the Act.

5. Application to aircraft not registered in Saint Lucia

The Director General may, by directions in writing, addressed to the owner or operator of an aircraft, being an aircraft not registered in Saint Lucia, but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Saint Lucia, indicate that these Regulations apply to the aircraft.

6. Non-application

These Regulations do not apply to or in relation to —

(a) a balloon which at any stage of its flight is not more than 2 meters in any linear dimension including a basket or other equipment attached to the balloon;

(b) a kite weighing not more than 2 kg;

(d) a parascending parachute.

PART 1
ADMINISTRATION

7. Prohibition of flying by the Authority

(1) Where the Authority considers it necessary in the public interest to prohibit flying by reason of —
1. (a) the intended gathering or movement of a large number of persons;
1. (b) the intended holding of an approved event; or
1. (c) national defense or in the public interest,

the Authority may, issue a direction in writing published in the Gazette prohibiting, restricting or imposing conditions on flight by an aircraft, whether or not registered in Saint Lucia, in the airspace over Saint Lucia, or by aircraft registered in Saint Lucia, in any other airspace, being airspace in respect of which the Government has in pursuance of an international arrangement undertaken to provide navigation services for aircraft.

(2) A direction issued under this regulation may apply generally or in relation to a class of aircraft.

8. Waiver

For the purposes of section 10(6) of the Act, the Director General may issue a waiver from the requirements of these Regulations.

9. Deviation

For the purposes of section 10(6) of the Act, the Director General may issue a deviation from the requirements of these Regulations.

10. Establishment and functions of Flight Safety Division

The Authority shall establish a Flight Safety Division comprised of technically qualified aviation safety inspectors to conduct the necessary technical evaluations, inspections and investigations required to meet Saint Lucia's ICAO responsibilities for safety oversight for —

(a) registration of an aircraft;

(b) airworthiness of an aircraft;

(d) operations of an aircraft;

(e) aerial work;

(f) commercial air transport;

(g) carriage of dangerous goods; and

(h) accident investigation.

11. Director of the Flight Safety Division

(1) The Authority shall appoint a person to be the Director of the Flight Safety Division.

(2) The Director may issue a licence, authorization, rating, certificate, approval or other written document in support of the functions assigned to it and to perform acts and to conduct investigations on behalf of the Director General under these Regulations.

12. Issuance of circulars and notices

The Flight Safety Division may by means of aviation information circulars, advisory circulars, aeronautical information publications, notices to airmen, notices of non-compliance, and other documents develop, issue and revise instructions, directions, rules and procedures or specify requirements to give effect to —

(a) the Chicago Convention;

(b) the Standards and Recommended Practices of ICAO;

(d) these Regulations,

relating to the operation, use, possession, maintenance or operations of an aircraft flying in or over Saint Lucia or of an aircraft registered in Saint Lucia or of an aircraft operated by the holder of an air operator certificate issued under these Regulations.

13. Authorizing credential

(1) An aviation safety inspector assigned to the Flight Safety Division shall be issued a unique credential for the performance of his or her functions.

(2) A person shall not possess or use the credentials of an aviation safety inspector unless —
1. (a) that person is employed by the Authority to perform the functions of the Flight Safety Division; and
1. (b) the person is using the credential in the performance of a specific function of the Flight Safety Division.

(3) For the purpose of exercising his or her responsibilities under these Regulations an aviation safety inspector shall be issued with and carry at all times a means of identification specifying the unique credential.

14. Powers and duties of aviation safety inspector

(1) An aviation safety inspector, may carry out audits or surveillance or require a person to produce a document or other article for the purpose of investigating or enforcing these Regulations.

(2) A person who is required to produce a document or other article under subregulation (1) —
1. (a) shall not make a statement that is false in any material particular;
1. (b) shall produce the document or other article which is in his or her possession or control or to which he or she has access.

(3) An aviation safety inspector may —
1. (a) enter and inspect —
  1. (i) an aerodrome, a hangar or other place at which an aircraft is located or stored,
  1. (ii) an aircraft, or
  1. (iii) an organization performing tasks and services related to aviation safety; and
1. (b) inspect an aircraft equipment, components, materials, facilities, personnel or crew members,

for the purpose of ensuring that the Act and these Regulations have been, or are being complied with.

(4) Where it appears to an aviation safety inspector that an aircraft is intended or likely to be flown in circumstances that the flight would —
1. (a) involve an offence against these Regulations; or
1. (b) be a cause of danger to persons in the aircraft or to persons or property on the ground,

the aviation safety inspector may detain the aircraft or take other action necessary for the purpose of inspecting the aircraft or causing the circumstances of the flight to be investigated.

(5) Where an aircraft is detained under subregulation (4) the aircraft must not be operated until the Authority, on being satisfied that these Regulations are complied with, approves or until such modifications or repairs have been effected as the Authority considers necessary to make the aircraft fit for flight.

(6) A person shall not intentionally obstruct or impede an aviation safety inspector acting in the exercise of his or her powers or the performance of his or her duties under these Regulations.

15. Access and inspection

(1) The Authority may cause an evaluation, an inspection, an investigation, a test, an experiment, or a flight trial to be made as it considers necessary for the purposes of these Regulations.

(2) The Authority may authorize a person in writing to conduct an evaluation, an inspection, an investigation, a test, an experiment, or a flight trial.

(3) A person authorized under subregulation (2) may, at any reasonable time, with free and uninterrupted access, inspect an aircraft, personnel, facilities, and records in operations subject to these Regulations.

(4) The Director General or a person authorized by the Director General in writing shall have the right of access at all reasonable times to —
1. (a) an aerodrome for the purpose of inspecting the aerodrome or an aircraft on the aerodrome or a document which the Director General may, under these Regulations, demand, or for the purpose of detaining the aircraft under these Regulations;
1. (b) a place, whether public or private, where an aircraft is located for the purpose of inspecting the aircraft or a document which the Director General or person has power, under these Regulations, to demand or for the purpose of detaining the aircraft under these Regulations;
1. (c) an aircraft, for the purpose of checking, whilst in flight, the performance of the aircraft or of its equipment and the efficiency of flight crew in the performance of his or her duties,

if the safety of commercial operations of the aircraft is not unduly prejudiced by the exercise of the right of access under this regulation.

16. Power to inspect and copy

(1) An aviation safety inspector may inspect and copy a document issued under these Regulations.

(2) A person shall not obstruct, impede or otherwise interfere with the copying of the documents by an aviation safety inspector under subregulation (1).

17. Production of document and record

(1) A person involved or participating in an aviation activity shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person the documents which he or she is required to have, carry, complete or preserve during the course of his or her activities, including, an airman licence, a medical certificate, an operational and maintenance manual and a record as required under these Regulations and the Parts of the Schedule applicable to that activity.

(2) The holder of a document under these Regulations shall, within a reasonable time after being requested to do so by an aviation safety inspector, cause the document to be produced to the aviation safety inspector.

(3) The holder of a document is deemed to have been complied with subregulation (2), except in relation to documents required by these Regulations to be carried in an aircraft or kept at an aerodrome, if the document requested is produced to the Flight Safety Division within 5 days after the request has been made.

18. Power to prevent aircraft flying

(1) If it appears to the Authority or an aviation safety inspector that an aircraft is intended or likely to be flown —
1. (a) in circumstances where the flight would be a cause of danger to a person or property whether or not in the aircraft and in contravention of these Regulations or a direction issued under these Regulations;
1. (b) while in a condition unfit for the flight; or
1. (c) in circumstances where a provision under these Regulations or relating to the licensing of an air transport in Saint Lucia would be contravened in relation to the flight,

the Authority or the aviation safety inspector may direct the operator or the pilot in command of the aircraft that he or she is not to permit the aircraft to make the particular flight or any other flight of the description specified in the direction, until the direction has been revoked by the Authority or by an aviation safety inspector, and the Authority or the aviation safety inspector may take such steps as are necessary to detain the aircraft.

(2) For the purposes of subregulation (1), the Authority or an aviation safety inspector may enter an aerodrome and inspect an aircraft.

PART 2 PERSONNEL LICENSING

19. Application of Part 2 of the Schedule

Subject to this Part, Part 2 of the Schedule apply in relation to the following —

(a) the requirements for issuing licences, ratings and authorizations;

(b) the conditions under which a licence, rating, and authorization are necessary; and

20. Requirement for licence, rating or authorization

A person shall not act as a pilot, a flight engineer, an aviation maintenance technician or an air traffic controller of a civil aircraft unless that person is the holder of a valid licence, rating or authorization for that purpose issued or validated by —

(a) the Authority under these Regulations; or

(b) the State in which the aircraft is registered,

and the conditions subject to which the licence, rating or authorization was issued or made valid are complied with.

21. Approval for personnel licensing

(1) Without prejudice to these Regulations, the Authority may, for the purpose of personnel licensing as provided in this Part and in Part 2 of the Schedule, and subject to the conditions as the Authority thinks fit —
1. (a) approve a course of training or instruction;
1. (b) authorize a person to conduct examinations or tests as the Authority specifies;
1. (c) approve a person to provide or conduct a course of training or instruction;
1. (d) approve a person as qualified to furnish reports to the Authority and to accept the reports; and
1. (e) certify an aviation training organization.

(2) Where these Regulations permits a test to be conducted in a flight simulator approved by the Authority, that approval may be granted subject to such conditions as the Authority thinks fit.

22. Grant of licence, rating or authorization

(1) Authority shall grant a licence, rating or authorization under this Part and Part 2 of the Schedule, subject to the conditions the Authority thinks fit, if satisfied that an applicant —
1. (a) is a fit person to hold the licence, rating or authorization; and
1. (b) is qualified by reason of his or her knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence, rating or authorization relates.

(2) For the purpose of subregulation (1), an applicant shall furnish evidence and undergo examinations and tests, including medical examinations, and undertake courses of training as the Authority requires of that person.

23. Requirement for signature of holder

(1) On receiving a licence, rating or authorization under this Part and Part 2 of the Schedule, the holder shall immediately sign his or her name on the licence, rating or authorization in ink with his or her ordinary signature.

(2) A licence, rating or authorization granted under this Part and Part 2 of the Schedule is not valid unless it bears on it the ordinary signature of the holder in ink.

24. Duration of licence, rating or authorization

A licence, rating or authorization remains in force for the period specified in the licence, rating or authorization but may be reviewed by the Authority to determine that the holder is fit and qualified under these Regulations.

25. Requirement for currency

(1) The holder of a licence, rating or authorization granted under these Regulations shall not exercise the privileges of that licence, rating or authorization on a flight unless the holder is qualified and the licence, rating or authorization is current for the functions the holder is to perform on that flight under these Regulations.

(2) A person who, on the last occasion when he or she took a test for the purposes of qualification, competency or currency of the licence, rating or authorization, failed the test shall not fly in the capacity for which the test would have qualified him or her had he or she passed it.

26. Medical examination and certificate

(1) The holder of a licence, rating or authorization granted under these Regulations for which a current medical certificate is a prerequisite to perform a function authorized, shall have a current medical certificate when engaging in the functions.

(2) An applicant for or holder of a licence, rating or authorization shall on the occasions the Authority requires, submit himself or herself to a medical examination by a person approved by the Authority who shall make a report to the Authority in such form as the Authority requires.

(3) On the basis of a medical examination under subregulation (2), the Authority or a person approved by the Authority as competent to do so, may issue to the holder of the licence, rating or authorization, a medical certificate subject to the requirements of Part 2 of the Schedule and such conditions as the Authority thinks fit, as being medically fit to perform the functions to which the licence, rating or authorization relates.

(4) A medical certificate issued under subregulation (3) is valid for the period specified in the medical certificate and is deemed to form part of the licence, rating or authorization.

(5) A person shall not act as a member of the flight crew of an aircraft registered in Saint Lucia if he or she knows or suspects that his or her physical or mental condition makes him or her temporarily or permanently unfit to perform the functions or to act in such capacity.

(6) A holder of a medical certificate issued under this regulation who —
1. (a) suffers personal injury involving incapacity to undertake his or her functions as a member of the flight crew; or
1. (b) suffers an illness involving incapacity to undertake functions as a member of the flight crew throughout a period of 20 days or more,

shall inform the Authority in writing of the injury or illness, as soon as possible in the case of injury and as soon as the period of 20 days has elapsed in the case of illness and the medical certificate is deemed to be suspended on the occurrence of the injury or the illness.

(7) A suspension under subregulation (6) ceases on the holder being medically examined under arrangements made by the Authority and pronounced fit to resume his or her functions as a member of the flight crew or on the Authority exempting, subject to such conditions as the Authority thinks fit, the holder from the requirement of a medical examination.

(8) The Authority may issue a certificate of validation making valid for the purposes of these Regulations a licence as a member of the flight crew of an aircraft registered under the law of a State other than Saint Lucia.

27. Certificate of validation

A certificate of validation may be issued under Part 2 of the Schedule subject to the conditions and for the periods as the Authority determines.

28. Logbook

A member of the flight crew of an aircraft registered in Saint Lucia and a person who engages in flying for the purpose of qualifying for the grant of a licence, rating or authorization or of establishing currency under these Regulations shall keep a personal flying logbook in which the information specified in Part 2 of the Schedule must be recorded.

PART 3 AVIATION TRAINING ORGANISATION

29. Application of Part 3 of the Schedule

Subject to this Part, Part 3 of the Schedule apply to the certification and administration of an aviation training organization.

30. Requirement for aviation training organization certificate

A person shall not engage in a programme of aviation training on behalf of a holder of an air operator certificate issued under these Regulations unless that person is the holder of a valid aviation training organization certificate issued under these Regulations and the conditions subject to which the aviation training organization certificate was issued are complied with.

31. Application for aviation training organization certificate

A person who intends to engage, in a programme of aviation training on behalf of a holder of an air operator certificate issued under these Regulations may make an application to the Authority for an aviation training organization certificate.

32. Grant of aviation training organization certificate

(1) In granting an aviation training organization certificate to an organization situated in a Contracting State other than Saint Lucia, the Authority may take into account, in relation to the organization, the possession of a certificate of approval issued by the licensing authority of the Contracting State in which the organization is located.

(2) The Authority may grant an aviation training organization certificate to an organization which complies with the requirements of Part 3 of the Schedule in respect of the activities applied for.

(3) The Authority may grant an aviation training organization subject to the conditions and limitations and particulars contained in the certificate as determined by the Authority.

33. Form of aviation training organization certificate

An aviation training organization certificate is in such form as determined by the Authority.

34. Training and checking manual

An aviation training organization shall use a training and checking manual approved by the Authority that lays out the processes, procedures and quality systems applicable to its activities.

PART 4 REGISTRATION AND MARKING OF AIRCRAFT

35. Application of Part 4 of the Schedule

Subject to this Part, Part 4 of the Schedule applies to the requirement for registration and marking of an aircraft.

36. Aircraft to be registered

(1) A person shall not fly or operate an aircraft in or over Saint Lucia unless it is registered in —
1. (a) Saint Lucia under these Regulations;
1. (b) a Contracting State;
1. (c) another State in relation to which there is in force an agreement between the Government and the Government of that State which makes provision for the flight over Saint Lucia of an aircraft registered in that State,

and there is a valid certificate of registration in force for that aircraft and any conditions of that registration are complied with.

(2) Subregulation (1) does not apply to a kite or captive balloon.

37. Application for registration

A person may make an application to the Authority for the registration of an aircraft, in the form and in the manner specified in Part 4 of the Schedule.

38. Registration of aircraft

(1) On receiving an application for the registration of an aircraft in Saint Lucia the Authority shall, subject to these Regulations including Part 4 of the Schedule, register an aircraft on being satisfied that —
1. (a) a person is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Saint Lucia or a share in the aircraft under this regulation; and
1. (b) the aircraft may be registered.

(2) For the purposes of subregulation (1)(a) and subject to subregulation (3), the following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Saint Lucia or a share in the aircraft —
1. (a) the Government;
1. (b) a citizen or permanent resident of Saint Lucia or other person as the Authority approves;
1. (c) a company incorporated in Saint Lucia under the Companies Act and having its principal place of business in Saint Lucia.

(3) If a person, other than a person referred to in subregulation (2), holds a legal or beneficial interest by way of ownership in an aircraft, or a share in an aircraft, the Authority, on being satisfied that the aircraft may otherwise be registered, may register the aircraft in Saint Lucia and the person shall not cause or permit the aircraft, while it is registered under this regulation to be used for the purpose of commercial air transport or aerial work.

(4) If an aircraft is sold under a contract of hire-purchase, let on hire or chartered by demise to a person qualified under subregulation (2), the Authority may, whether or not that person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in Saint Lucia in the name of the hirer, purchaser, lessee or charterer on being satisfied that the aircraft may otherwise be registered, and subject to this regulation, the aircraft may remain registered during the continuation of the contract, lease or charter.

(5) If at any time after an aircraft has been registered in Saint Lucia a person under subregulation (3) becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share in the aircraft, the registration of the aircraft becomes void and the certificate of registration shall immediately be returned by the registered owner to the Authority.

(6) In this regulation —
1. (a) a reference to an interest in an aircraft does not include a reference to an interest in an aircraft to which a person is entitled only by virtue of his or her membership of a flying club; and
1. (b) the reference in subregulation (5) to the registered owner of an aircraft includes in the case of a deceased person, his or legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

39. Refusal or discontinuance of registration

Subject to this regulation, an aircraft shall not be registered or continue to be registered in Saint Lucia if it appears to the Authority that —

(a) the aircraft is registered outside Saint Lucia and that the registration does not cease by operation of law on the aircraft being registered in Saint Lucia;

(b) an unqualified person holds a legal or beneficial interest by way of ownership in the aircraft or a share in the aircraft;

(c) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Saint Lucia; or

(d) the aircraft does not qualify for the issue of a certificate of airworthiness under regulation 38.

40. Certificate of registration

The Authority shall furnish to the person in whose name the aircraft is registered a certificate of registration.

41. Cancellation of registration

(1) Subject to this regulation, the Authority may cancel the registration of an aircraft.

(2) Nothing in this Part requires the Authority to cancel the registration of an aircraft unless in its opinion it would be in the public interest to do so.

(3) The Authority shall cancel the registration of an aircraft within 2 months of being satisfied that there has been a change in the ownership of the aircraft.

42. Register of Aircraft

(1) The Authority shall keep and maintain a register of the aircrafts registered in Saint Lucia to be known as the Register of Aircraft.

(2) The Register of Aircraft under subregulation (1) must include the following particulars in relation to an aircraft —
1. (a) the number of the certificate;
1. (b) the nationality mark of the aircraft, and the registration mark assigned to it by the Authority;
1. (c) the name of the constructor of the aircraft and its designation;
1. (d) the serial number of the aircraft; and
1. (e) the name and address of each person who is entitled as owner to a legal interest or a share in the aircraft, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and
1. (f) in the case of an aircraft registered under regulation 26(3) and (4), an indication that it is so registered.

43. Amendment of Register

The Authority may, whenever it appears to be necessary or appropriate to do so for giving effect to these Regulations for bringing up to date or otherwise correcting the particulars entered on the Register of Aircraft, amend the Register of Aircraft or, if the Authority thinks fit,

44. Change of particulars of registration

(1) The registered owner of an aircraft registered in Saint Lucia shall immediately inform the Authority in writing of —
1. (a) a change in the particulars which were furnished to the Authority on the date of the application for the registration of the aircraft;
1. (b) the destruction of the aircraft, or its permanent withdrawal from use; or
1. (c) in the case of an aircraft registered under regulation 40(4), the termination of the demise charter.

(2) A person who becomes the owner of an aircraft registered in Saint Lucia shall within 28 days inform the Authority in writing to that effect.

45. Nationality and registration marks

(1) An aircraft, other than an aircraft permitted under these Regulations to fly without being registered, shall not fly in or over Saint Lucia unless it bears painted on or affixed to the aircraft, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law.

(2) The marks to be borne by an aircraft registered in Saint Lucia must comply with Part 4 of the Schedule.

(3) An aircraft shall not bear any marks which purport to indicate —
1. (a) that the aircraft is registered in a State in which it is not in fact registered; or
1. (b) that the aircraft is a State aircraft of a particular State if it is not in fact such an aircraft, unless the appropriate authority of that State has sanctioned the bearing of the marks.

PART 5 AIRWORTHINESS

46. Application of Part 5 of the Schedule

Subject to this Part, Part 5 of the Schedule applies to the —

(a) certification of an aircraft and aeronautical components;

(b) issuance of airworthiness certificates and other certifications for aeronautical components;

(d) rebuilding and modifications of aircraft and aeronautical components;

(e) maintenance and preventative maintenance of aircraft;

(f) aircraft inspection requirements;

(g) air operator aircraft maintenance and inspection requirements; and

(h) other matters provided for in Part 5 of the Schedule.

47. Type certificate

(1) A person shall not operate an aircraft registered in Saint Lucia for commercial air transport or aerial work unless —
1. (a) the Authority has issued, accepted or validated, a type certificate for that aircraft as provided for in Part 5 of the Schedule and under this regulation; and
1. (b) the person maintains or operates the aircraft in accordance with the type certificate that was used in the issuance of the certificate of airworthiness for that aircraft.

(2) A person who intends to operate an aircraft to be registered in Saint Lucia for commercial air transport or aerial work shall apply to the Authority for the issue, acceptance or validation of a type certificate under Part 5 of the Schedule, this regulation and the requirements of the Authority.

(3) An applicant for a type certificate or for the acceptance or validation of a type certificate, shall submit, with the application, detailed data identifying the airworthiness standards to which the aircraft was designed and data which describes the design, construction and performance of the aircraft.

(4) The Authority shall accept or validate a type certificate of an aircraft, engine or propeller that is imported into Saint Lucia, subject to the conditions or limitations as the Authority considers appropriate and in accordance with Part 5 of the Schedule, if —
1. (a) the airworthiness authority of the State of manufacture has issued a type certificate on the basis of the Federal Aviation Regulations, the Joint Aviation Authorities Air Regulations or the Canadian Aviation Regulations; and
1. (b) the type certificate approval basis meets the airworthiness requirements laid down by the Authority.

(5) In any other case, other than that mentioned under subregulation (4), the Authority may accept or validate a type certificate that is issued by the airworthiness authority of the State of manufacture and the type certificate approval basis meets the airworthiness requirements laid down by the Authority.

48. Certificate of airworthiness

(1) Subject to subregulation (2), a person shall not fly or operate an aircraft in or over Saint Lucia unless there is in force in respect of the aircraft a certificate of airworthiness duly issued or made valid under the law of the State in which the aircraft is registered, and any conditions subject to which the certificate was issued or made valid are complied with.

(2) Subregulation (1) does not apply to flights beginning and ending in Saint Lucia without passing over any other State of the following aircraft —
1. (a) an aircraft flying in accordance with a special airworthiness certificate issued under Part 5 of the Schedule; or
1. (b) an aircraft flying in accordance with the conditions of a permit to fly issued by the Authority in respect of that aircraft.

(3) In the case of an aircraft registered in Saint Lucia, the certificate of airworthiness under subregulation (1) must be a certificate of airworthiness issued under these Regulations including Part 5 of the Schedule.

(4) The Authority shall issue in respect of an aircraft a certificate of airworthiness if the Authority is satisfied that the aircraft is fit to fly having regard to —
1. (a) the design, construction, workmanship and materials of the aircraft, including in particular an engine fitted in the aircraft, and of equipment carried in the aircraft which the Authority considers necessary for the airworthiness of the aircraft; and
1. (b) subject to subregulation (5) the results of flying trials, and other tests of the aircraft as the Authority requires.

(5) If the Authority has issued a certificate of airworthiness in respect of an aircraft which, in the Authority's opinion, is a prototype aircraft or a modification of a prototype aircraft, the Authority may dispense with flying trials in the case of any other aircraft if the Authority is satisfied that it conforms to the prototype or modification.

(6) A certificate of airworthiness must specify the conditions as are, in the opinion of the Authority, appropriate to the aircraft under Part 5 of the Schedule and the certificate must be issued subject to the condition that the aircraft is flown only for the purposes indicated on that certificate or associated certificate.

(7) The Authority may issue a certificate of airworthiness subject to other conditions relating to the airworthiness of the aircraft as the Authority thinks fit.

(8) A certificate of airworthiness may designate the performance group of the aircraft.

(9) The Authority may, subject to the conditions the Authority thinks fit, issue a certificate of validation making valid for the purposes of these Regulations a certificate of airworthiness issued in respect of an aircraft under the law of a State other than Saint Lucia.

(10) Subject to these Regulations, a certificate of airworthiness or validation issued under this regulation remains in force for the period specified on the certificate, and may be reviewed by the Authority to determine that the aircraft conforms to the applicable airworthiness requirements.

(11) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft ceases to be in force —
1. (a) if the aircraft, or its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or if any part of the aircraft or of the equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Authority generally, in relation to a class of aircraft or to the particular aircraft;
1. (b) until the completion of an inspection of the aircraft or of the equipment under paragraph (a), being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and —
  1. (i) classified as mandatory by the Authority,
  1. (ii) required by a maintenance programmme approved by the Authority in relation to the aircraft; or
1. (c) until the completion to the satisfaction of the Authority of any modification of the aircraft or of the equipment under paragraph (a), being a modification required by the Authority for the purpose of ensuring that the aircraft remains airworthy.

(12) Nothing in these Regulations makes the Authority obligated to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of a certificate when the application is not supported by reports from an approved person as specified, generally or in a particular case or class of cases, by the Authority.

49. Prohibition on performing maintenance

A person shall not perform maintenance, preventative maintenance, or modifications on an aircraft except in accordance with Part 5 of the Schedule.

50. Airworthiness directive, modification and repair

(1) An airworthiness directive, or equivalent, issued by the State of manufacture and mandatory service bulletins issued by an aircraft manufacturer must be complied with.

(2) The Authority may, in the interest of safety, request that an aircraft registered in Saint Lucia or operated by a holder of an air operator certificate issued under these Regulations, aircraft engine, propeller or component must be modified or undergo special inspections.

(3) A request under subregulation (2), is deemed to be an airworthiness directive and compliance is mandatory.

(4) An owner or operator of an aircraft registered in Saint Lucia and the holder of an air operator certificate issued under these Regulations shall ensure that the owner or operator receives all airworthiness directives and mandatory service bulletins that affect his or her aircraft and that are issued by the Authority, the licensing authority in the State of manufacture or the State of design.

(5) On the issue of an airworthiness directive or mandatory service bulletin the owner or operator of a Saint Lucia registered aircraft and each holder of an air operator certificate issued under these Regulations shall —
1. (a) take the action specified in the airworthiness directive and mandatory service bulletin; and
1. (b) record the details of all actions taken under paragraph (a) in the logbook and other technical records of the aircraft.

(6) Mandatory or optional repairs or modifications must be embodied only in accordance with approved data specified and in accordance with the instructions issued by the Authority or the State of manufacture, the State of design, the type certificate holder or the manufacturer.

(7) A modification or repair is subject to approval by the Authority in accordance with detailed drawings and other technical data adequate to define completely the proposed modification and using approved materials, parts and processes conforming to the manufacturer's specifications and in accordance with a technical assessment showing compliance with an approved design standard.

51. Continued airworthiness

(1) A person shall not fly an aircraft registered in Saint Lucia in respect of which a certificate of airworthiness is in force unless —
1. (a) the aircraft, including in particular its engine and propeller and its equipment and radio station, is maintained in accordance with a maintenance programme developed in accordance with the regulations applicable to the type of operation;
1. (b) the required inspections of the aircraft have been completed under the regulations applicable to the type of operation; and
1. (c) there is a flight manual or other approved document carried on, and available in, the aircraft, in the form approved by the Authority, for the use of the flight crew containing —
  1. (i) the limitations within which the aircraft is considered airworthy, and
  1. (ii) additional instructions and information as may be necessary to show compliance with the regulations relating to performance and for the safe operation of the aircraft.

(2) The holder of an air operator certificate issued under these Regulations, or other operator of an aircraft, shall ensure that —
1. (a) an aircraft registered in Saint Lucia is maintained and periodically inspected in accordance with the requirements of the approved data and manuals issued by the manufacturer and in accordance with the maintenance programme issued by the manufacturer and approved by the Authority, and that all airworthiness directives and mandatory service bulletins are complied with; and
1. (b) an approved maintenance organization maintains its aircraft in an airworthy condition and in accordance with the approved maintenance programme.

(3) The approved maintenance programme under subregulation (1) must specify the occasions on which an inspection must be carried out for the purpose of issuing a release to service under this regulation and the applicable Parts of the Schedule.

(4) A release to service may be issued for the purposes of these Regulations only by —
1. (a) the holder of an aviation maintenance technician licence —
  1. (i) granted under these Regulations and the applicable Parts and entitling the holder to issue that release to service, or
  1. (ii) granted under the law of a State other than Saint Lucia and made valid under these Regulations in accordance with the rating, privilege and limitation of the licence;
1. (b) a person whom the Authority has authorized to issue a release to service in a particular case, and in accordance with that authority;
1. (c) an approved maintenance organization; or
1. (d) subject to subregulation (5), a person approved by the Authority as being competent to issue a release to service, and in accordance with that approval.

(5) In approving a maintenance programme, the Authority may direct that a release to service relating to that programme, or to any part specified in its direction, may be issued only by the holder of a licence as is so specified.

(6) A person under subregulation (4) shall not issue a release to service unless the person has first verified that —
1. (a) maintenance has been carried out on the aircraft in accordance with the maintenance programme approved for that aircraft;
1. (b) inspections and modifications required by the Authority and the applicable requirements have been completed as certified in the relevant release to service;
1. (c) defects entered in the aircraft logbook or technical log of the aircraft under these Regulations have been rectified or the rectification has been deferred in accordance with procedures approved by the Authority; and
1. (d) other releases to service have been issued under these Regulations,

and for this purpose the operator of the aircraft shall make available to that person such information as is necessary.

(7) A release to service must be issued in duplicate and one copy of the most recently issued release to service must be carried in the aircraft when these Regulations so require, and the other must be kept by the operator elsewhere than in the aircraft.

(8) Subject to the provisions regarding retention of documents in these Regulations and its applicable Parts, each release to service shall be preserved by the operator of the aircraft for a period of 2 years after it has been issued.

52. Other releases to service

(1) An aircraft registered in Saint Lucia, being an aircraft in respect of which a certificate of airworthiness issued or made valid under these Regulations is in force, shall not fly unless there is in force a release to service issued under this regulation if the aircraft or a part of the aircraft or its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as required by these Regulations.

(2) A person shall not install or place on board for use in an aircraft registered in Saint Lucia or operated by a holder of an air operator certificate issued under these Regulations —
1. (a) equipment provided in compliance with Part 7 of the Schedule; and
1. (b) radio apparatus provided for use in an aircraft or in a survival craft carried in an aircraft, whether or not the apparatus is provided in compliance with these Regulations,

after being overhauled, repaired, modified or inspected, unless there is in force at the time when it is installed or placed on board a release to service issued under this regulation.

(3) A release to service must —
1. (a) certify that the aircraft or a part of the aircraft or its equipment has been overhauled, repaired, replaced, modified or maintained, in a manner and with material of a type accepted or approved by the Authority generally or in relation to a class of aircraft or the particular aircraft; and
1. (b) identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates; and
1. (c) include particulars of the work done; or
1. (d) certify in relation to an inspection required by the Authority that the aircraft or a part of the aircraft or its equipment, has been inspected in accordance with the requirements of the Authority and that any consequential repair, replacement or modification has been carried out as in accordance with the requirements of the Authority.

(4) A release to service shall be preserved by the operator of the aircraft to which it relates for the period of time for which he or she is required to preserve the logbook relating to the same part of the aircraft or to the same equipment or apparatus.

(5) In this regulation, “repair”, in relation to a compass, includes the adjustment of and compensation for the compass.

53. Aircraft logbook or technical log

(1) An aircraft logbook or technical log must be kept in respect of an aircraft registered in Saint Lucia or an aircraft operated by the holder of an air operator certificate issued under these Regulations.

(2) At the end of a flight by an aircraft operated by the holder of an air operator certificate issued under these Regulations, the pilot in command shall enter in the aircraft logbook or technical log, the information required under these Regulations applicable to the type of operation, and sign and date the entries.

(3) On the rectification of a defect which has been entered in a technical log under subregulation (2), a person issuing a release to service required by these Regulations in respect of that defect shall enter that information in the aircraft logbook or technical log in such a position as to be readily identifiable with the defect to which it relates.

(4) Subject to subregulation (5), the aircraft technical log must be carried in the aircraft as required by the applicable regulation and Parts, and copies of the entries referred to in this regulation must be kept on the ground.

(5) In the case of an aeroplane of which the maximum total weight authorized does not exceed 2,730 kg, or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground the copy may be carried in the aeroplane or helicopter, in a container approved by the Authority for that purpose.

54. Aircraft, engine and propeller logbooks

(1) Without prejudice to regulation, the following logbooks must be kept in respect of an aircraft registered in Saint Lucia —
1. (a) an aircraft logbook;
1. (b) a separate logbook in respect of each engine fitted in the aircraft; and
1. (c) a separate logbook in respect of each variable pitch propeller fitted to the aircraft.

(2) A logbook under subregulation (1) must include the particulars specified in Part 5 of the Schedule.

(3) An entry in the logbook —
1. (a) other than an entry under Part 5 of the Schedule must be made as soon as practicable after the occurrence to which it relates;
1. (b) under Part 5 of the Schedule must be made on each occasion that a maintenance, an overhaul, a repair, a replacement, a modification or an inspection is undertaken on the engine or propeller;
1. (c) may refer to other documents, which must be clearly identified, and any other document referred to in the logbook is deemed, for the purposes of these Regulations, to be part of the logbook.

(4) An operator of an aircraft in respect of which a logbook is required to be kept under this regulation, shall keep the logbook or cause the logbook to be kept in accordance with this regulation.

(5) Subject to the provisions regarding retention of documents, a logbook shall be preserved by the operator of an aircraft until a date 2 years after the aircraft, the engine or the variable pitch propeller, has been destroyed or has been permanently withdrawn from use.

55. Aircraft weight schedule

(1) An aircraft in respect of which a certificate of airworthiness issued or made valid under these Regulations is in force must be weighed, and the position of its centre of gravity determined, at the time and in the manner as the Authority requires or approves in the case of that aircraft.

(2) On the aircraft being weighed under subregulation (1), the operator of the aircraft shall prepare a weight schedule showing —
1. (a) the basic weight of the aircraft, that is, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of the items or equipment as are indicated in the weight schedule, or such other weight as may be approved by the Authority in the case of that aircraft; and
1. (b) the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or other position of the centre of gravity as may be approved by the Authority in the case of that aircraft.

(3) Subject to the provisions for retention of documents, the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of 6 months following the next occasion on which the aircraft is weighed for the purposes of this Regulation.

PART 6 APPROVED MAINTENANCE ORGANISATION

56. Application of Part 6 of the Schedule

Subject to this Part, Part 6 of the Schedule applies to the —

(a) issuing of approvals to organizations for maintenance, preventative maintenance and modifications of an aircraft and an aeronautical product; and

(b) general operating rules for an approved maintenance organization.

57. Requirement for approved maintenance organization certificate

An organization shall not carry on —

(a) the design, manufacture, distribution, maintenance, modification or repair of an aircraft, an aircraft component or an aircraft material; or

(b) training activities associated the design, manufacture, distribution, maintenance, modification or repair of an aircraft, an aircraft component or an aircraft material,

unless that organization holds a valid approved maintenance organization certificate under these Regulations and Part 6 of the Schedule and the conditions subject to which the approved maintenance organization certificate was issued are complied with.

58. Application for approved maintenance organization certificate

An organization may make an application in the form specified by the Authority, for an approved maintenance organization certificate to carry on —

(a) the design, manufacture, distribution, maintenance, modification or repair of an aircraft, an aircraft component or an aircraft material; or

(b) training associated the design, manufacture, distribution, maintenance, modification or repair of an aircraft, an aircraft component or an aircraft material.

59. Grant of approved maintenance organization certificate

(1) The Authority may, in granting an approved maintenance organization certificate to an organization situated outside Saint Lucia take into account, in relation to the organization, the possession of a certificate of approval issued by the manufacturer of the aircraft, aircraft component or aircraft material and by the licensing authority of the State in which the organization is located.

(2) The Authority shall issue an approved maintenance organization certificate to an organization which complies with the requirements of Part 6 of the Schedule as to facilities, resources, tools and equipment, data and documentation, and systems of quality control, adequate for the activities applied for and shall have in place a maintenance manual approved by the Authority that lays out the processes, procedures and quality systems applicable to its activities.

(3) The Authority may grant an approved maintenance organization certificate subject to the conditions and limitations determined by the Authority.

60. Form of approved maintenance organization certificate

An approved maintenance organization certificate is in the form must contain the particulars determined by the Authority.

61. Duration of approved maintenance organization certificate

An approved maintenance organization certificate remains in force for the period specified in the certificate, and may be reviewed by the Authority to determine that the holder remains fit and qualified in accordance with the requirements of Part 6 of the Schedule.

PART 7 AIRCRAFT INSTRUMENTS AND EQUIPMENT

62. Application of Part 7 of the Schedule

Subject to this Part, the provisions of Part 7 of the Schedule apply to the minimum instrument and equipment requirements for all aircraft in all operations.

63. Requirement for instruments and equipment

(1) A person shall not fly or operate an aircraft in or over Saint Lucia unless it is so equipped as to comply with the law of the State in which it is registered.

(2) In the case of an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations, the instruments and equipment required to be provided, in addition to any other equipment required by or under these Regulations, is the instrument and equipment specified in Part 7 of the Schedule as are applicable in the circumstances and shall comply with the provisions of that Part and the equipment, shall be of a type approved by the Authority generally or in relation to a class of an aircraft or in relation to that aircraft and must be installed in a manner so approved.

(3) In any particular case the Authority may direct that an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations shall carry additional, special equipment or supplies as the Authority specifies for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.

(4) The equipment carried under this regulation must be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.

(5) The position of equipment provided for emergency use must be indicated by clear markings in or on the aircraft and in particular in every aircraft operated by the holder of an air operator certificate issued under these Regulations.

(6) The holder of an air operator certificate shall provide for each passenger individually, or if the Authority so permits in writing, exhibited in a prominent position in every passenger compartment, a notice relevant to the aircraft in question containing the pictorial required by the provisions of Part 9 of the Schedule.

(7) All instruments and equipment installed or carried in an aircraft, whether or not in compliance with this Regulation, must be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of equipment or services necessary for the safety of the aircraft.

(8) Without prejudice to subregulation (2), all navigational equipment when carried in an aircraft registered in Saint Lucia, whether or not in compliance with these Regulations, must be of a type approved by the Authority generally or in relation to a class of aircraft or in relation to that aircraft and must be installed in a manner so approved.

(9) An aircraft registered in Saint Lucia, or operated by the holder of an air operator certificate issued under these Regulations, engaged on a flight for the purpose of commercial air transport must carry navigational equipment in accordance with the requirements or air traffic services in the areas of operation as required by Part 7 of the Schedule, approved by the Authority under the requirements of the applicable Parts and used in accordance with any conditions subject to which that approval may have been given.

64. Radio equipment requirements

(1) A person shall not fly or operate an aircraft in or over Saint Lucia unless it is so equipped with radio and radio navigation equipment as to comply with these Regulations or the law of the State in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with these Regulations.

(2) An aircraft must be equipped with radio and radio navigation equipment in accordance with Part 7 of the Schedule.

(3) In any particular case, the Authority may direct that an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations shall carry additional, special radio or radio navigation equipment as the Authority specifies for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

(4) Subject to such exceptions as may be prescribed, the radio and radio navigation equipment provided in compliance with this regulation in an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations must be maintained in serviceable condition.

(5) All radio and radio navigation equipment installed in an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations or carried on an aircraft for use in connection with the aircraft must be of a type approved by the Authority in relation to the purpose for which it is to be used, and must, be installed in a manner approved by the Authority and the equipment or the manner in which it is installed cannot be modified except with the approval of the Authority.

65. Minimum equipment requirements

(1) A person shall not operate an aircraft under these Regulations unless —
1. (a) the aircraft complies with the minimum instrument and equipment requirements of Part 7 of the Schedule; and
1. (b) in the case of a holder of an air operator certificate, the approved minimum equipment list, for the route, altitude, and type of operations being conducted.

(2) The Authority may, subject to the conditions as the Authority thinks fit, grant in respect of an aircraft or class of aircraft registered in Saint Lucia an authorization to allow the aircraft to commence a flight in specified circumstances notwithstanding that a specified item of equipment, including radio apparatus, required under these Regulations to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

(3) An aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued under these Regulations shall not commence a flight if the equipment, including radio apparatus, required under these Regulations to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use —
1. (a) otherwise than under and in accordance with the terms of a special authorization which has been granted to the operator;
1. (b) unless in the case of an aircraft to which the flight and operations manuals required contain the particulars specified for the flight and operations; and
1. (c) in accordance with a minimum equipment list approved by the Authority, identifying the minimum equipment and condition for an aircraft to maintain the certificate of airworthiness in force and defining operational procedures necessary to deal with inoperative equipment and prescribing maintenance procedures necessary to maintain the required level of safety and secure any inoperative equipment.

PART 8 OPERATIONS

66. Application of Part 8 of the Schedule

Subject to this Part, Part 8 of the Schedule applies to the requirements for —

(a) operations conducted by an airman licenced in Saint Lucia while operating an aircraft registered in Saint Lucia;

(b) operations of an aircraft registered in a State other than Saint Lucia, by a holder of an air operator certificate issued in Saint Lucia;

(c) operations of an aircraft within Saint Lucia, by an airman or an air operator holding a certificate issued by a State other than Saint Lucia;

(d) for operations outside of Saint Lucia, by an airman or operator registered in Saint Lucia unless compliance would result in a violation of the laws of the State in which the operation is conducted; and

(e) any other matter specified in that Part.

67. Prohibition on operations

(1) A person shall not operate an aircraft —
1. (a) registered in Saint Lucia;
1. (b) in or over Saint Lucia;
1. (c) outside of Saint Lucia, in the case of a person who is the holder of a valid air operator certificate issued under these Regulations,

unless the person complies with the requirements specified in subregulation (2).

(2) The requirements referred to in subregulation (1) are that —
1. (a) the aircraft is in compliance with the aircraft requirements specified under these Regulations and Part 8 of the Schedule;
1. (b) the flight crew comply with the flight crew requirements, duties and responsibilities specified under these Regulations including Part 8 and the Schedule;
1. (c) the flight complies with the requirements specified under these Regulations including Part 8 of the Schedule for all passenger carrying operations;
1. (d) the flight plans, flight planning and other pre-flight preparations comply with the requirements specified under these Regulations and Part 8 of the Schedule;
1. (e) the flight is conducted in compliance with the flight rules specified under these Regulations including Part 8 of the Schedule unless, in the case of an aircraft being flown outside of Saint Lucia, such compliance would result in non-compliance with a law or Regulation of the State over which it being flown;
1. (f) the flight is conducted in compliance with the requirements specified under these Regulations for operations in controlled flight unless, in the case of an aircraft being flown outside of Saint Lucia, such compliance would result in non-compliance with a law or Regulation of the State over which the aircraft is being flown.

(3) A person shall not recklessly or negligently cause or permit an aircraft to endanger a person or property.

(4) A person in an aircraft registered in Saint Lucia or elsewhere, shall obey all lawful commands which the pilot in command of that aircraft may give for the purpose of securing the safety of the aircraft and of a person or property carried in the aircraft, or the safety, efficiency or regularity of air navigation.

(5) A person shall not, while in an aircraft —
1. (a) use threatening, abusive or insulting words towards a member of the crew of the aircraft;
1. (b) behave in a threatening, abusive, insulting or disorderly manner towards a member or the crew of the aircraft; or
1. (c) intentionally interfere with the performance of the crew of an aircraft of his or her duties.

PART 9 AIR OPERATOR CERTIFICATION AND OPERATIONS

68. Application of Part 9 of the Schedule

Subject to this Part, Part 9 of the Schedule applies to —

(a) the carriage of passengers, cargo or mail for remuneration, hire or reward by a person whose principal place of business or permanent residence is located in Saint Lucia;

(b) the requirements for the original certification and continued validity of air operator certificates issued in Saint Lucia; and

(c) all commercial air transport operations by holders of air operator certificates for which Saint Lucia is the State of the operator pursuant to the definitions provided in Annex 6 of the Chicago Convention.

69. Commercial air transport

For the purposes of these Regulations a person is deemed to be engaged in providing commercial air transport to, from, in or over Saint Lucia if that person or agent of that person —

(a) has undertaken any form of advertising to carry passengers or property by aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration;

(b) offers verbally or otherwise to carry passengers or property by aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration;

(c) provides or advertises an arrangement for meals, lodging or travel, or any other all-inclusive method of pricing, for compensation, in which the travel by an aircraft to, from, in or over Saint Lucia is included at gratis or is compensated;

(d) carries passengers or property by an aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration.

70. Requirement for air operator certificate

(1) A person shall not engage in commercial air transport to, from, in or over Saint Lucia, unless that person is a foreign air carrier in which case Part X applies or holds a valid air operator certificate issued under these Regulations and Part 9 of the Schedule and —
1. (a) the conditions subject to which the air operator certificate was issued are complied with;
1. (b) the initial certification requirements for commercial air transport operations pursuant to Part 9 of the Schedule are complete;
1. (c) the operations are in conformity with the authorizations and limitations of the air operator certificate issued under the requirements of Part 9 of the Schedule;
1. (d) the aircraft is specifically authorized by serial and registration number for the operations of the holder of the air operator certificate in accordance with Part 9 of the Schedule;
1. (e) the operations are in conformity with the applicable requirements of the security program specified in Part 9 of the Schedule;
1. (f) the aircraft is maintained in accordance with the applicable maintenance requirements of Parts 5, 6 and 9 of the Schedule;
1. (g) the passenger-carrying requirements are complied with pursuant to Part 9 of the Schedule;
1. (h) the assigned aviation personnel are qualified and current in conformity with the minimum qualification, training and checking of Part 9 of the Schedule;
1. (i) the assigned aviation personnel are in conformity with the duty and flight time and minimum rest periods specified in Part 9 of the Schedule;
1. (j) the flight is released in conformity with the flight release requirements specified in Part 9 of the Schedule; and
1. (k) the mass and balance and performance requirements specified in Part 9 of the Schedule are complied with.

71. Application for air operator certificate

(1) A person may make an application to the Authority for an air operator certificate to engage in commercial air transport to, from, in or over Saint Lucia.

(2) An application under subregulation (1) must in the form specified by the Authority.

72. Grant of air operator certificate

(1) The Authority may grant an air operator certificate if the Authority is satisfied that the person is competent and capable, having regard in particular to the person's previous conduct and experience, equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of an aircraft of the type specified in the certificate on flights of the description and for the purposes specified.

(2) Without limiting the generality of subregulation (1), the Authority shall have regard to the following as are applicable —
1. (a) the nationality of the applicant and whether the grant or refusal of the application is in the public interest;
1. (b) any uneconomic duplication or uneconomic overlapping of air services that might result from the grant of the application;
1. (c) the ability of the applicant to meet its financial obligations, actual or potential;
1. (d) the likelihood of the applicant being able to provide air services which are satisfactory from the point of view of safety, regularity, frequency of operation, level of charges and general standard and efficiency and, in the case of an application for renewal or variation of a certificate, whether the applicant's existing air services are satisfactory;
1. (e) whether or not the aircraft proposed to be used and the air services proposed to be provided are suited to the airports and airport facilities to be used;
1. (f) any obligations imposed on Saint Lucia by an international agreement or treaty;
1. (g) any other matter which is, in the opinion of the Authority, relevant to the application.

(3) Without prejudice to subregulations (1) and (2) —
1. (a) the applicant must possess a management organization capable of exercising operational control and supervision over any flight operated under the terms of the air operator certificate;
1. (b) the applicant must have nominated an accountable manager, acceptable to the Authority, who has responsibility for ensuring that all maintenance relating to the operator's aircraft is carried out in accordance with the approved maintenance programme and to the standard required by the Authority; and
1. (c) the applicant shall produce evidence that he or she has capacity to comply with the Parts of the Schedule specifically applicable to a holder of an air operator certificate prior to issuance of the air operator certificate, including Parts 7, 8, 9 & 10 of the Schedule.

(4) An air operator certificate may be granted subject to the conditions the Authority considers appropriate.

73. Duration of air operator certificate

An air operator certificate remains in force for the period specified in Part 9 of the Schedule.

74. Review of air operator certificate

An air operator certificate may be reviewed by the Authority to determine that the holder is fit and qualified in accordance with the requirements of Part 9 of the Schedule.

75. Maintenance of standards of operations

(1) A holder of an air operator certificate shall maintain the required standards of operations established in these Regulations in the conduct of its commercial air transport operations.

(2) The Authority shall establish a system of continued surveillance to ensure that the holder of an air operator certificate maintains the required standards of operations established in these Regulations.

76. Shipping and acceptance of dangerous goods

(1) A person shall not, on an aircraft, ship, cause to be shipped, accept for shipment or allow to be carried, any dangerous goods unless so authorised by the Authority.

(2) A person shipping articles or substances that may be dangerous goods shall declare such goods in the shipping papers and cause such articles to be so marked.

(3) A person shall not operate or cause to be operated an aircraft carrying dangerous goods unless such carriage is approved by the Authority.

(4) An approval of the Authority under this regulation does not have the effect of dispensing with any permission required under any other law in force in Saint Lucia.

77. Munitions of war

(1) An air operator shall not carry or cause or allow to be carried on an aircraft, any munitions of war unless —
1. (a) the munitions of war are carried with the written permission of the Authority and in accordance with any conditions relating to the permission; and
1. (b) the pilot in command of the aircraft is informed in writing by the air operator before the flight commences of the type, weight or quantity and location of the munitions of war on board or suspended beneath the aircraft and any conditions of the permission of the Authority.

(2) Notwithstanding subregulation (1) an air operator shall not carry or cause or allow to be carried any weapon or munitions of war in any compartment or apparatus to which passengers have access.

(3) A person shall not carry or have in his or her possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage on aircraft any weapon or munitions of war unless —
1. (a) the weapon or munitions of war —
  1. (i) is part of the baggage of a passenger on the aircraft or consigned as cargo to be carried on the aircraft,
  1. (ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers, or
  1. (iii) in the case of a firearm, is unloaded; and
1. (b) particulars of the weapon or munitions of war have been furnished by the passenger or by the consignor to the operator before the flight commences; and
1. (c) the air operator consents to the carriage of the weapon or munitions of war by the aircraft.

(4) Nothing in this regulation applies to any weapon or munitions of war taken or carried on board an aircraft in Saint Lucia registered in a State other than Saint Lucia, if the weapon or munitions of war, may under the law of the State in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

(5) An approval of the Authority under this regulation does not have the effect of dispensing with any permission required under any other law in force in Saint Lucia.

(6) In this regulation, “munitions of war” means a weapon, ammunition or article containing an explosive or a noxious liquid, gas or other thing which is designed or made for use in warfare or against persons, and includes parts, whether components or accessories, for the weapon, ammunition or article.

PART 10 COMMERCIAL AIR TRANSPORT BY FOREIGN AIR OPERATORS WITHIN SAINT LUCIA

78. Application of Part 10 of the Schedule

(1) Subject to subregulation (2), the provisions of Part 10 of the Schedule apply to the operation of a civil aircraft for the purpose of commercial air transportation operations by a foreign air operator.

(2) The provisions of Part 10 of the Schedule do not apply to an aircraft when used by military, customs, and police services, which are not used for hire or reward.

79. Foreign air operator commercial air transport requirements

A foreign air operator shall not engage in commercial air transportation operations to, from, in or over Saint Lucia contrary to the requirements of —

(a) Part 10 of the Schedule;

(b) the applicable paragraphs of Parts 7 and 8 of the Schedule; and

PART 11 AERIAL WORK

80. Application of Part 11 of the Schedule

Subject to this Part, the provisions of Part 11 of the Schedule apply to aerial work within Saint Lucia.

81. Prohibition on dropping of articles

An aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than in accordance with the terms of a certificate granted to the operator of the aircraft for the purposes of that aerial work under these Regulations.

82. Requirement for certificate

A person shall not operate an aircraft in aerial work within Saint Lucia, unless the person is the holder of a valid certificate for the purpose of that aerial work issued under these Regulations and Part 11 of the Schedule and the conditions subject to which the certificate was issued are complied with.

83. Application for certificate for aerial work

(1) A person may make an application to the Authority for a certificate for aerial work.

(2) An application under subregulation (1) must in the form specified by the Authority.

84. Grant of certificate for aerial work

(1) The Authority may grant a certificate for aerial work if the Authority is satisfied that the person is a fit person to hold the certificate and is competent, having regard in particular to that person's previous conduct and experience, the equipment, organization, staffing and other arrangements for that purpose, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in the certificate.

(2) A certificate for aerial work may be granted subject to the conditions the Authority thinks fit including, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere.

85. Duration of certificate for aerial work

A certificate for aerial work remains in force for the period specified in the issued authorization.

86. Review of certificate for aerial work

The Authority may review a certificate for aerial work to determine whether the holder is fit and qualified in accordance with requirements of Part 11.

87. Aerial application manual

(1) An applicant for and holder of a certificate for aerial work shall make available to the Authority on application and to every member of the operating staff on the certificate being granted, an aerial application manual containing the information and instructions as may be necessary to enable the operating staff to perform their duties.

(2) The holder of a certificate for aerial work shall make the amendments of or additions to the manual as the Authority requires.

88. Towing, picking up and raising of persons and articles

(1) Subject to this regulation and the requirements of Part 11 of the Schedule, an aircraft in flight over Saint Lucia shall not, by means external to the aircraft, tow an article, or pick up or raise a person, an animal or an article, unless the certificate of airworthiness issued or made valid in respect of that aircraft under the law of the State in which the aircraft is registered, includes an express provision that it may be used for that purpose.

(2) Nothing in this regulation —
1. (a) prohibits the towing in a reasonable manner by an aircraft in flight of a radio aerial, an instrument which is being used for experimental purposes, or a signal apparatus required or permitted under these Regulations to be towed or displayed by an aircraft in flight;
1. (b) prohibits the picking up or raising of a person, an animal or an article in an emergency or for the purpose of saving life.

89. Dropping of animals and articles

(1) Subject to subregulation (3), an article and an animal, whether or not attached to a parachute, shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

(2) Subject to subregulation (3), except in accordance with the terms of a certificate for aerial work and the requirements of Part 11 of the Schedule, an article and an animal, whether or not attached to a parachute, shall not be dropped, or permitted to drop, to the surface from an aircraft flying over Saint Lucia.

(3) This regulation does not apply to the dropping of an article by, or with the authority of, the pilot in command of the aircraft in any of the following circumstances —
1. (a) the dropping of articles for the purpose of saving life;
1. (b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;
1. (c) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with these Regulations;
1. (d) the dropping at an aerodrome of tow ropes, banners, or similar articles towed by the aircraft;
1. (e) the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given;
1. (f) the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given.

(4) Nothing in this regulation prohibits the lowering of an article or an animal from a helicopter to the surface, if the certificate of airworthiness issued or made valid in respect of the helicopter under the law of the State in which it is registered includes an express provision that it may be used for that purpose.

90. Dropping of persons

(1) A person shall not drop, be dropped or be permitted to drop to the surface or jump from an aircraft flying over Saint Lucia except under and in accordance with the terms of an authorization granted by the Authority for that purpose.

(2) Notwithstanding the grant of an authorization under subregulation (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(3) An aircraft shall not be used for the purpose of dropping persons unless the certificate of airworthiness issued or made valid in respect of that aircraft under the law of the State in which the aircraft is registered includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with the authorization granted by the Authority for that purpose.

(4) An applicant for and a holder of an authorization under subregulation (1) shall make available to the Authority if requested to do so a parachuting manual and shall make such amendments or additions to the manual as the Authority requires.

(5) The holder of an authorization shall make available to an employee or person who is or may engage in parachuting activities conducted by that holder, the manual which must contain the information and instructions as may be necessary to enable the employee or person to perform his or her duties.

(6) Without prejudice to these Regulations the Authority may, for the purpose of this regulation, accept a report furnished to the Authority by a person whom the Authority may approve, subject to the conditions the Authority thinks fit, as qualified to furnish the report.

(7) Nothing in this regulation applies to the descent of a person by parachute from an aircraft in an emergency.

(8) Nothing in this regulation prohibits the lowering of a person in an emergency or for the purpose of saving life.

(9) Nothing in this regulation prohibits the lowering of a person from a helicopter to the surface in Saint Lucia, if the certificate of airworthiness in respect of the helicopter under the law of the State in which it is registered includes an express provision that it may be used for that purpose.

91. Aerial photography and survey from aircraft

(1) A person shall not operate an aircraft over Saint Lucia for the aerial photography, aerial survey or other form of aerial work except with an authorization from the Authority granted for that purpose to the operator or the charterer of the aircraft and in accordance with any conditions to which the authorization may be subject.

(2) A breach by a person to whom an authorization has been granted under this regulation or a condition to which that authorization is subject constitutes a contravention of this regulation.

92. Exhibitions of flying aircraft, races or contests

(1) A person shall not act as an exhibition organizer unless at the time at which an organized event commences the exhibition organizer has obtained the permission in writing of the Authority for the organized event and complies with the conditions specified in the permission and the requirements of Part 8 of the Schedule.

(2) The pilot in command of an aircraft intending to participate in an organized event for which a permission is required under subregulation (1) shall take all reasonable steps to satisfy himself or herself before he or she participates that —
1. (a) the exhibition organizer has been granted the permission;
1. (b) the flight complies with any relevant conditions subject to which the permission is granted; and
1. (c) the pilot has been granted an authorization appropriate to the intended flight.

(3) The Authority shall grant the permission required under subregulation (1) to a person applying therefor if the Authority is satisfied that the person is a fit and competent person, having regard in particular to that person's previous conduct and experience, the organization, staffing and other arrangements for the activity, to safely organise the proposed organized event.

(4) The permission pursuant to subregulation (1) may be granted subject to such conditions, which may include conditions in respect of military aircraft, as the Authority thinks fit and shall, if there is continued compliance, remain in force for the period specified in the permission.

93. Restriction on pilot participating in an organized event

A person shall not act as pilot of an aircraft participating in an organized event for which permission is required under subregulation (1) unless the person holds a display authorization appropriate to the intended flight granted to him or her by the Authority and he or she complies with the conditions of the authorization.

94. Display authorization

(1) An exhibition organizer shall not permit a person to act as pilot of an aircraft which participates in an organized event for which permission is required under subregulation (1) unless the pilot of the aircraft holds a display authorization appropriate to the intended flight granted by the Authority.

(2) A pilot may make an application to the Authority for a display authorization.

(3) The Authority shall, for the purposes of this regulation, unconditionally or subject to such conditions as the Authority thinks fit —
1. (a) grant a display authorization authorizing the holder to act as pilot of an aircraft taking part in an exhibition of flying in respect of which a permission is required pursuant to sub-regulation (1) on the Authority being satisfied that the applicant is a fit person to hold the authorization and is qualified by reason of his or her knowledge, experience, competence, skill, physical and mental fitness to fly in accordance therewith and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Authority may require of him or her; and
1. (b) authorize a person to conduct such examinations or tests as the Authority may specify.

(4) The pilot in command of an aircraft participating in an organized event for which permission required under subregulation (1) has been granted shall comply with the conditions subject to which the permission is granted.

(5) A display authorization granted under this regulation must, if the Authority is satisfied that the person to whom it was granted remains in compliance with the authorization, remain in force for the period indicated in the display authorization.

(6) An exhibition organizer shall not permit any military aircraft to participate in an exhibition of flying for which permission is required pursuant to subregulation (1) unless the organiser complies with the conditions specified in respect of military aircraft subject to which such permission is granted.

PART 12 AIRCRAFT ACCIDENT REPORTING AND INVESTIGATION REQUIREMENTS

95. Application of Part 12 of the Schedule

Subject to this Part, the provisions of Part 12 of the Schedule apply to the requirements for —

(a) initial notification and later reporting of an aircraft incident, accident and other occurrence in the operation of an aircraft —
1. (i) in the case of a civil aircraft registered in Saint Lucia, wherever the accident or occurrence takes place,
1. (ii) in the case of a public aircraft, wherever the accident or occurrence takes place, and
1. (iii) in the case of a foreign civil aircraft, where the accident or occurrence takes place in Saint Lucia;

(b) preservation of aircraft wreckage, mail, cargo, and records involving all civil and certain public aircraft accidents, as specified in Part 12 of the Schedule.

96. Requirement for accident reporting and investigation

(1) The operator or pilot in command of —
1. (a) an aircraft which is registered in Saint Lucia; or
1. (b) a commercial air transport aircraft not registered in Saint Lucia but operated by the holder of an air operator certificate issued in Saint Lucia,

who is involved in, observes or knows of an aircraft accident shall make the report to the Authority as specified in Part 12 of the Schedule.

(2) A person shall not make a report under this regulation which is false in any material particular.

(3) A person shall comply with the necessary steps of accident investigation of Part 12 of the Schedule as requested by the Authority or an authorized person assigned to investigate the accident.

PART 13 REPORTS, DOCUMENTS AND RECORDS

97. Mandatory reporting

(1) An operator or pilot in command of an aircraft which is registered in Saint Lucia or a commercial air transport aircraft not registered in Saint Lucia but operated by the holder of an air operator certificate issued in Saint Lucia; or who carries on the business of inspecting, manufacturing, repairing or overhauling an aircraft, or equipment or part; or who signs a release to service, or release to service in respect of an aircraft, part or equipment shall make the reports to the Authority —
1. (a) which are specified under these Regulations including the applicable Parts of the Schedule; or
1. (b) on the Authority's request for the information as specified in a notice in writing served on the person, where the information is in the person's possession or control and relates to a reportable occurrence which has been reported by the person or by another person to the Authority under this regulation.

(2) The reports under subregulation (1) —
1. (a) must be made within the time, by the means, and contain the information specified by the Authority; and
1. (b) shall be presented in such form as the Authority requires.

(3) In this regulation, “reportable occurrence” means —
1. (a) an incident relating to an aircraft or a defect in or malfunctioning of an aircraft or part or equipment of the aircraft, being an incident, malfunctioning or defect endangering, or which, if not corrected, would endanger, the aircraft, its occupants, or any other person;
1. (b) a defect in or malfunctioning of a facility on the ground used or intended to be used for purposes of or in connection with the operation of an aircraft, being a defect or malfunctioning endangering, or which, if not corrected, would endanger, an aircraft or its occupants.

(4) Subject to subregulation (1)(a), nothing in this regulation requires a person to report an occurrence which the person has reason to believe has been or will be reported by another person to the Authority under this regulation.

(5) A person shall not make a report under this regulation which he or she knows or has reason to believe is false in any material particular.

98. Documents to be carried

(1) An operator or pilot in command of an aircraft shall not fly in or over Saint Lucia unless the aircraft carries the documents which it is required to carry under these Regulations or the law of the State in which it is registered:

(2) Notwithstanding subregulation (1), in the case of an aircraft registered in Saint Lucia, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any State other than Saint Lucia, the documents may be kept at the aerodrome instead of being carried in the aircraft.

99. Preservation of documents

(1) A person required under these Regulations and the applicable Parts of the Schedule to preserve a document or record shall continue to preserve that document or record, and in the event of his or her death the duty to preserve the document or record falls on his or her designated representative.

(2) A person assigned under these Regulations and the applicable Parts to preserve a document or record shall continue to preserve the document or record until such time as the responsibility may be transferred to another assigned person.

100. Offences relating to documents and records

(1) A person shall not with intent to deceive —
1. (a) use a certificate, licence, rating, authorization, approval, permission, exemption or other document issued or required under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled;
1. (b) lend a certificate, licence, rating, authorization, approval, permission, exemption or other document issued or having effect or required by or under these Regulations to, or allow it to be used by, any other person; or
1. (c) make a false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of the certificate, licence, rating, authorization, approval, permission or exemption or other document.

(2) A person shall not intentionally —
1. (a) damage, alter or render illegible a record; or
1. (b) knowingly make, or procure or assist in the making of, a false entry in or material omission from a record; or
1. (c) destroy a record during the period for which it is required under these Regulations to be preserved.

(3) All entries made in hand writing in a record shall be made in ink or indelible pencil.

(4) A person shall not issue or purport to issue a certificate for the purposes of these Regulations or a direction made thereunder unless the person is authorized to do so under these Regulations and has satisfied himself or herself that all statements in the certificate are correct.

PART 14 ENFORCEMENT

101. Provisional action by the Authority

Where these Regulations is contravened the Director General may, if the Director General thinks fit, provisionally and pending inquiry take action to enforce the regulation that have been contravened, including —

(a) the re-examination of the original certification basis or competence;

(b) the imposition of monetary penalties for the contravention of Regulations made under the Act;

(d) the prevention of flying.

102. Variation, suspension and revocation of documents

(1) Subject to subregulation (5), the Director General may, on sufficient ground being shown to his or her satisfaction after due inquiry, vary, suspend or revoke a document.

(2) The Director General may exercise his or her powers under subregulation (1) only after notifying the holder of a document of the intention to do so and after due consideration of the case.

(3) The holder or a person having the possession or custody of a document, which has been varied, suspended or revoked under these Regulations shall surrender it to the Director General within the time specified by the Director General.

(4) The breach of a condition subject to which a document was issued, other than a licence issued in respect of an aerodrome, makes, in the absence of provision to the contrary in the document, the document invalid during the continuance of the breach.

(5) The Director General may vary a document if he or she is satisfied that it is in the interests of aviation safety to do so, whether or not there has been a contravention of these Regulations.

(6) Without prejudice to the generality of this regulation, the Authority may exercise its powers under subregulation (1) if it appears to the Authority that the person to whom the document was granted has committed a breach of a condition to which it is subject.

103. Breaches, offences and penalties

(1) If a provision of these Regulations or a direction issued under these Regulations is contravened in relation to an aircraft, the operator of the aircraft and the pilot in command, is, without prejudice to the liability of any other person under these Regulations for that contravention, deemed for the purposes of this regulation to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of a person which would otherwise have been a contravention of these Regulations was due to a cause not avoidable by the exercise of reasonable care by that person the act or omission is deemed not to be a contravention by the person of the provision.

(3) Where a person is charged with contravening a provision of these Regulations by reason of that person having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport or aerial work the flight is treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he or she proves that he or she did not know or suspect that the flight was for that purpose.

(4) A person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or a term of imprisonment not exceeding 6 months or to both.

104. Appeal

A person affected by the determination of the Director General or a person appointed by the Minister to conduct a review has the right of appeal under section 39 of the Act.

PART 15 MISCELLANEOUS

105. Fees

(1) Where an application is made and a fee is chargeable under these Regulations, the applicant shall be required before the application is considered to pay the whole fee.

(2) If, after a fee has been paid, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Authority, the Authority may, subject to this regulation, refund the amount of the fee or part of the fee.

(3) Subject to subregulation (4), where the fee paid is wholly or to an extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of the withdrawal, cesser or refusal, the Authority may refund the amount of the fee so attributable or, in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Authority is reasonable having regard to the stage to which the investigation has progressed at the time of the withdrawal, cesser or refusal.

(4) If in any case the amount paid by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of an investigation in so far as the same has been carried out at the time when the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Director General, the amount representing the balance of the fee is payable by the applicant.

106. Validation of documents

The Authority may make reasonable requirements regarding the validation of documents issued by another contracting State as provided for in Part 1 of the Schedule.

107. Revocation

(1) The Civil Aviation (Air Navigation) Regulations, Statutory Instrument, No. 93 of 1997, other than the provisions set out in subregulation (2), is revoked.

(2) The following are the provisions referred to in subregulation (1) —
1. (a) Regulation 31: Aircraft not registered in the Territory— Aerodrome operating minima;
1. (b) Regulation 53: Stowaways;
1. (c) Regulation 66: Rules of the air and air traffic control;
1. (d) Regulation 67: Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers;
1. (e) Regulation 68: Prohibition of unlicensed air traffic controllers, student air traffic controllers and aerodrome flight information service officers;
1. (f) Regulation 69: Flight information service manual;
1. (g) Regulation 70: Incapacity of air traffic controllers;
1. (h) Regulation 72: Balloons, kites, airships, gliders and parascending parachutes;
1. (i) Regulation 73: Aerodromes, public transport of passengers and instruction in flying;
1. (j) Regulation 74: Use of Government aerodromes;
1. (k) Regulation 75: Licensing of aerodromes;
1. (l) Regulation 76: Radio equipment at aerodromes;
1. (m) Regulation 77: Records at aerodromes;
1. (n) Regulation 78: Charges at aerodromes licensed for public use;
1. (o) Regulation 79: Use of aerodromes by aircraft of Contracting States and of the Commonwealth;
1. (p) Regulation 80: Noise and vibration caused by aircraft on aerodromes;
1. (q) Regulation 81: Aeronautical lights;
1. (r) Regulation 82: Dangerous lights;
1. (s) Regulation 83: Customs airports;
1. (t) Regulation 84: Aviation fuel at aerodromes;
1. (u) Regulation 85: Restriction with respect to carriage for hire or reward in aircraft registered outside the Territory;
1. (v) Regulation 86: Restriction with respect to aerial photography and survey from aircraft registered outside the Territory;
1. (w) Regulation 87: Flights over any foreign country;
1. (x) Schedule 9: Air Traffic Controllers: Ratings;
1. (y) Schedule 13: Rules of the Air and Air Traffic Control.