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56. Grant of air operator certificate
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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56.   Grant of air operator certificate

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

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    (2)   In exercising the functions pursuant to sub-regulation (1), the Authority shall have regard to such of the following as are applicable—

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      (a)     the nationality of the applicant and whether the grant or refusal of the application is in the public interest;

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      (b)     any uneconomic duplication or uneconomic overlapping of air services that might result from the grant of the application;

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      (c)     the ability of the applicant to meet its financial obligations, actual or potential;

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      (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;

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      (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;

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      (f)     any obligations imposed upon Saint Lucia by international agreement or treaty;

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      (g)     any other matter which is, in the opinion of the Authority, relevant to the application.

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    (3)   Without prejudice to the generality of subregulations (1) and (2)—

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      (a)     the applicant must possess a management organisation capable of exercising operational control and supervision over any flight operated under the terms of its air operator certificate;

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      (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

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      (c)     the applicant shall produce evidence that he has capacity to comply with the provisions of 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.

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