Revised Laws of Saint Lucia (2021)

Schedule

( Section 15)

THE AIR TRANSPORT LICENSING BOARD

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   1.   The Board shall consist of not less than 5 and not more than 7 members appointed by the Minister.

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   2.   There shall be paid to the members of the Board such remuneration (whether by way of salaries or travelling or other allowances) as the Minister may determine.

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   3.   No person who for the time being has any interest, whether as a shareholder or otherwise, in any business or undertaking –

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      (a)     which provides transport for passengers or cargo whether by air, sea or land; or

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      (b)     which owns or operates an aerodrome; or

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      €     which manufactures or deals in aircraft, aircraft engines or accessories; or

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      (d)     which caters for the supply of food or drink or other consumable stores for use on aircraft or aerodrome; or

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      €     which supplies fuel or lubricants for public transport undertakings whether by air, sea or land, shall act as a member of the Board unless he or she has declared such interest to the Board and to the Minister, and if any member of the Board shall fail to declare such an interest, or if the Minister is satisfied that by reason of that interest it is right and proper to do so, the Minister shall revoke the appointment of that person as a member of the Board.

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   4.   Three members of the Board including the chairperson or deputy chairperson, shall constitute a quorum for the transaction of business at meetings of the Board.

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   5.   Subject to the provisions of this Act, the Board may regulate its own procedure.

CHAPTER 8.07
CIVIL AVIATION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Civil Aviation Regulations – Section 49

(Statutory Instrument 174/2007)

Statutory Instrument 174/2007 .. in force 6 November 2007

ARRANGEMENT OF REGULATIONS

CHAPTER 1
PRELIMINARY

CHAPTER 2
PERSONNEL LICENSING

CHAPTER 3
AVIATION TRAINING ORGANISATION

CHAPTER 4
REGISTRATION AND MARKING OF AIRCRAFT

CHAPTER 5
AIRWORTHINESS

CHAPTER 6
APPROVED MAINTENANCE ORGANISATION

CHAPTER 7
AIRCRAFT INSTRUMENTS AND EQUIPMENT

CHAPTER 8
OPERATIONS

CHAPTER 9
AIR OPERATOR CERTIFICATION AND OPERATIONS

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

CHAPTER 11
AERIAL WORK

CHAPTER 12
AIRCRAFT ACCIDENT REPORTING AND INVESTIGATION REQUIREMENTS

CHAPTER 13
FLIGHT SAFETY DIVISION

CHAPTER 14
REPORTS, DOCUMENTS AND RECORDS

CHAPTER 15
ENFORCEMENT OF REGULATIONS

CHAPTER 16
GENERAL

CIVIL AVIATION REGULATIONS-SECTION 49

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   Commencement [6 November 2007]

CHAPTER 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Civil Aviation Regulations.

2.   Interpretation and construction

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   (1)   In these Regulations,

“Act” means the Civil Aviation Act;

“aerial work” means the use of an aircraft for any purpose, other than commercial air transport, for which an aircraft is flown for hire or reward in respect to the business or purpose of the flight;

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

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

“airman” means any person certificated to perform a service relating to an aircraft, maintenance or flight operation;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

“air operator certificate” means a certificate issued by the Authority or competent authority of another State authorizing the holder to conduct commercial air transport;

“approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1000 feet above the relevant specified decision height or minimum descent height;

“approved maintenance organisation” means an organization which holds a valid approved maintenance organization certificate;

“approved maintenance organisation certificate” means an approved maintenance organisation certificate issued pursuant to Chapter 6;

“aviation training organisation” an organisation which holds a valid aviation training organisation certificate;

“aviation training organisation certificate” means an aviation training organisation certificate issued pursuant to Chapter 3;

“appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

“authorised person” means any person authorised by the Minister either generally or in relation to a particular case or class of cases, and references to a person authorised by the Minister include reference to the holder for the time being of any office designated by the Minister;

“cargo” includes mail and animals;

“certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” means airspace respectively notified as such, in accordance with the appropriate International Civil Aviation Organisation definition;

“ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than 1/2 of the sky so visible;

“commercial air transport” means an undertaking whose business includes the carriage by air of passengers or cargo for remuneration, hire or reward that is not considered aerial work;

“competent authority” means in relation to Saint Lucia, the Minister, and in relation to any other State the authority responsible under the law of that State for promoting the safety of civil aviation;

“Contracting State” means any State, including Saint Lucia, which is party to the Chicago Convention;

“controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“co-pilot”, in relation to an aircraft, means a pilot who in performing his or her duties as such is subject to the direction of another pilot carried in the aircraft;

“crew member” means any person required to perform duties on an aircraft in flight;

“Director” means the Director of the Eastern Caribbean Civil Aviation Authority appointed pursuant to the Act;

“document” means a civil aviation document referred to in, or issued or validated under, these Regulations and includes, a licence, rating, authorisation, permit and certificate and a copy of the document;

“flight crew” in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot and flight engineer of the aircraft;

“flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

“foreign air operator” means a person whose air operator certificate is issued and controlled by a civil aviation authority in a State other than Saint Lucia;

“general aviation operation” means any aircraft flight operation other than for the purpose or business of commercial air transport or aerial work;

“land”, when used as a verb in relation to an aircraft, includes alighting on water;

“licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the State in which the licence is granted;

“logbook” in the case of an aircraft logbook, engine logbook or variable pitch propeller logbook, or personal flying logbook, includes a record kept either in a book, or by any other means approved by the Minister in the particular case;

“maximum total weight authorized” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favorable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

“military aircraft” means a naval, military or air force aircraft of any State and any aircraft in respect of which there is in force a certificate issued by the Minister that the aircraft is to be treated for the purposes of these Regulations as a military aircraft;

“night” means the time between half an hour after sunset until half an hour before sunrise, sunset and sunrise being determined at surface level;

“notified” means shown in any of the following publications for the time being in force and issued in Saint Lucia whether before or after the coming into operation of these Regulations that is to say, notices to airmen, aeronautical information publications, or such other official publications so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

“operator” means any person who is responsible for the aircraft for a particular flight;

“person” includes a body corporate or an unincorporated body;

“parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

“passenger” means a person other than a member of the 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 any other pilot in the aircraft;

“pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“record” means anything in which information of any description is recorded;

“replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded.

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   (2)   Additional definitions are contained in the Schedule.

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   (3)   An aircraft shall be deemed to be in flight from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing; and the expressions “a flight,” “to fly” and “flight time” shall be construed accordingly.

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   (4)   Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.

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   (5)   References in these Regulations to the operator of an aircraft are, for the purposes of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly.

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   (6)   A power to issue directions under these Regulations shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of Saint Lucia and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of these Regulations.

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   (7)   For the purpose of these Regulations, the term “instrument” means a document issued by the Government of Saint Lucia and includes any Regulations, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, authorizations, logbook record or other document.

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   (8)   Any power conferred by these Regulations to issue, make, serve or grant any instrument shall be construed as including a power exercisable, in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.

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   (9)   The term “instruments” means aircraft components used by the flight crew for the purpose of flight and navigation.

3.   Application of Convention

For the purposes of the Act and of these Regulations, the provisions of the Chicago Convention and the Annexes thereto together with the Standards and Recommended Practices established by the International Civil Aviation Organisation thereunder, and such other internationally recognised standards and practices shall be adopted and applied, as appropriate, in Saint Lucia.

4.   Application of Part 1 of Schedule

The provisions of Part 1 of the Schedule apply in relation to general policies, procedures and definitions for the purposes of these Regulations.

CHAPTER 2
PERSONNEL LICENSING

5.   Application of Part 2 of Schedule

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

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

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   (b)     the conditions under which those licences, ratings, and authorisations are necessary; and

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   (c)     the privileges and limitations of holders of those licences, ratings and authorisations.

6.   Requirement for licence, rating or authorisation

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—

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   (a)     the Authority in accordance with these Regulations; or

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

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

7.   Approval by the Authority

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   (1)   Without prejudice to any other provision of these Regulations the Authority may, for the purpose of personnel licensing as provided in this Chapter and in Part 2 of the Schedule, and subject to such conditions as the Authority thinks fit—

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      (a)     approve any course of training or instruction;

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      (b)     authorise a person to conduct such examinations or tests as the Authority may specify;

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      (c)     approve a person to provide or conduct any course of training or instruction;

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      (d)     approve a person as qualified to furnish reports to the Authority and to accept such reports; and

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      (e)     certify an aviation training organisation.

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   (2)   Where any provision of 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.

8.   Grant of licence, rating or authorisation

The Authority shall grant licences, ratings or authorizations pursuant to this Chapter and to Part 2 of the Schedule, subject to such conditions as the Authority thinks fit, if satisfied that the applicant is a fit person to hold the licence, and 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 relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests, including in particular medical examinations, and undertake such courses of training as the Authority may require of that person.

9.   Requirement for signature of holder

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   (1)   Upon receiving a licence, rating or authorization granted pursuant to this Chapter and Part 2 of the Schedule, the holder thereof shall forthwith sign his or her name thereon in ink with his or her ordinary signature.

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   (2)   A licence, rating or authorisation granted pursuant to this Chapter and Part 2 of the Schedule shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

10.   Duration of licence, rating or authorisation

A licence, rating or authorization shall remain in force for the period specified in the licence, rating or authorization but may be reviewed by the Authority from time to time to determine that the holder is fit and qualified in accordance with the applicable Regulations.

11.   Requirement for currency

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

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

12.   Medical examination and certificate

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

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   (2)   An applicant for or holder of a licence, rating or authorization shall upon such occasions as the Authority may require, 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 may require.

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   (3)   On the basis of a medical examination pursuant to subregulation (2), the Authority or any 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 and the medical certificate shall be valid for such period as is therein specified and shall be deemed to form part of the licence, rating or authorization.

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   (4)   A person shall not be entitled to 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 renders him or her temporarily or permanently unfit to perform such functions or to act in such capacity.

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   (5)   A holder of a medical certificate issued pursuant to these Regulations who—

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      (a)     suffers any personal injury involving incapacity to undertake his or her functions as a member of the flight crew; or

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      (b)     suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more;

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   shall inform the Authority in writing of such 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 shall be deemed to be suspended upon the occurrence of such injury or the illness.

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   (6)   A suspension pursuant to sub-regulation (5) shall cease upon 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 upon the Authority exempting, subject to such conditions as the Authority thinks fit, the holder from the requirement of a medical examination.

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   (7)   The Authority may issue a certificate of validation rendering valid for the purposes of these Regulations any licence as a member of the flight crew of aircraft granted under the law of any State other than Saint Lucia.

13.   Certificate of validation

A certificate of validation may be issued in accordance with Part 2 of the Schedule and subject to such conditions and for such periods as the Authority thinks fit.

14.   Logbook

A member of the flight crew of an aircraft registered 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 pursuant to these Regulations shall keep a personal flying logbook in which the information specified in Part 2 of the Schedule shall be recorded.

CHAPTER 3
AVIATION TRAINING ORGANISATION

15.   Application of Part 3 of the Schedule

Subject to the provisions of this Chapter, the provisions of Part 3 of the Schedule apply to the requirements for certifying and administering aviation training organisations.

16.   Requirement for aviation training organisation certificate

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

17.   Application for aviation training organisation certificate

An organisation intending to engage, in any programme of aviation training on behalf of a holder of an air operator certificate issued pursuant to these Regulations may apply to the Authority for an aviation training organisation certificate.

18.   Grant of aviation training organisation certificate

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

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

19.   Form of aviation training organisation certificate

An aviation training organisation certificate shall be in such form, be subject to such conditions and limitations and contain such particulars as may be determined from time to time by the Authority.

20.   Training and checking manual

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

CHAPTER 4
REGISTRATION AND MARKING OF AIRCRAFT

21.   Application of Part 4 of the Schedule

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

22.   Aircraft to be registered

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   (1)   A person shall not fly or operate an aircraft in or over Saint Lucia unless it is registered in—

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      (a)     Saint Lucia in accordance with these Regulations;

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      (b)     a Contracting State;

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      (c)     some other State in relation to which there is in force an agreement between the Government of Saint Lucia and the Government of that State which makes provision for the flight over Saint Lucia of aircraft registered in that State;

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

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   (2)   Sub-regulation (1) shall not apply to a kite or captive balloon.

23.   Application for registration

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

24.   Registration of aircraft

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   (1)   Upon receiving an application for the registration of an aircraft in Saint Lucia and on being satisfied that the aircraft may be properly so registered, the Authority shall, subject to the provisions of these Regulations including Part 4 of the Schedule, register the aircraft in Saint Lucia in a register to be kept for that purpose and to be known as the Register of Aircraft.

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   (2)   The Register of Aircraft shall include the following particulars in relation to an aircraft registered—

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      (a)     the number of the certificate;

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      (b)     the nationality mark of the aircraft, and the registration mark assigned to it by the Authority;

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      (c)     the name of the constructor of the aircraft and its designation;

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      (d)     the serial number of the aircraft; and

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      (e)     the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, 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

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      (f)     in the case of an aircraft registered pursuant to subregulations (3) and (4) of Regulation 26, an indication that it is so registered.

25.   Certificate of registration

The Authority shall furnish to the person in whose name the aircraft is registered (in these Regulations referred to as “the registered owner”) a certificate of registration.

26.   Refusal or discontinuance of registration

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   (1)   Subject to the provisions of this Regulation, an aircraft shall not be registered or continue to be registered in Saint Lucia if it appears to the Authority that—

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

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

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

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      (d)     the aircraft does not qualify for the issue of a certificate of airworthiness in accordance with the provisions of regulation 33.

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   (2)   Subject to sub-regulation (3), the following persons shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Saint Lucia or a share therein—

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      (a)     the Government of Saint Lucia;

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      (b)     a citizen or permanent resident of Saint Lucia or other such persons as the Authority shall approve;

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      (c)     a company incorporated in Saint Lucia under the Companies Act and having its principal place of business in Saint Lucia.

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

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

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   (5)   Subject to subregulations (3) and (4), if at any time after an aircraft has been registered in Saint Lucia a person referred to in subregulation (3) becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Authority.

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   (6)   In this Regulation references to an interest in an aircraft do not include references 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 the reference in subregulation (5) to the registered owner of an aircraft includes in the case of a deceased person, his or her legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

27.   Change in particulars of registration

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   (1)   The registered owner of an aircraft registered in Saint Lucia shall inform the Authority forthwith in writing of—

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      (a)     any change in the particulars which were furnished to the Authority on the date of the application for the registration of the aircraft;

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      (b)     the destruction of the aircraft, or its permanent withdrawal from use; or

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      (c)     in the case of an aircraft registered pursuant to sub-regulation (4) of regulation 26, the termination of the demise charter.

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

28.   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, cancel the registration of the aircraft, and shall cancel that registration within 2 months of being satisfied that there has been a change in the ownership of the aircraft.

29.   Cancellation of registration in public interest

Nothing in this Chapter shall require the Authority to cancel the registration of an aircraft unless in its opinion it would be in the public interest to do so.

30.   Nationality and registration marks

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

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

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   (3)   An aircraft shall not bear any marks which purport to indicate—

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      (a)     that the aircraft is registered in a State in which it is not in fact registered; or

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      (b)     that the aircraft is a State aircraft (as defined in Article 3 of the Chicago Convention) 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 such marks.

CHAPTER 5
AIRWORTHINESS

31.   Application of Part 5 of the Schedule

Subject to the provisions of this Chapter, the provisions of Part 5 of the Schedule shall apply to the following—

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   (a)     certification of an aircraft and aeronautical components;

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

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   (c)     continued airworthiness of aircraft and aeronautical components;

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

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   (e)     maintenance and preventative maintenance of aircraft;

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   (f)     aircraft inspection requirements;

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

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

32.   Type certificate

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   (1)   For the purposes of this regulation a type certificate with respect to an aircraft, engine or propeller means a document issued by the manufacturer, and approved by the appropriate authority of the State of manufacture, certifying that the type design of the aircraft, engine or propeller and of the variants specified on the type data sheet, comply with the certification basis to which the certificate refers and it includes the type certificate data sheet, the type design, the operating limitations and any other conditions or limitations prescribed for the aircraft.

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   (2)   A person shall not operate an aircraft registered in Saint Lucia for commercial air transport or aerial work unless—

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      (a)     the Authority has issued, accepted or validated, a type certificate for that aircraft as provided for in Part 5 of the Schedule and in accordance with this regulation; and

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      (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.

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   (3)   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 as provided in Part 5 of the Schedule for that aircraft, in accordance with this regulation and the requirements of the Authority from time to time.

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   (4)   An applicant for a type certificate of an aircraft, or for the acceptance or validation thereof, 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 that aircraft.

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   (5)   The Authority shall accept or validate a type certificate, in respect of any aircraft, engine or propeller that is imported into Saint Lucia, subject to such conditions or limitations as it shall consider appropriate and in accordance with Part 5 of the Schedule, provided that—

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      (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

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      (b)     the type certificate approval basis meets the airworthiness requirements laid down by the Authority.

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   (6)   In any other case, other than that mentioned in sub-regulation (5), the Authority may in its discretion 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.

33.   Certificate of airworthiness

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

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   (2)   Subregulation (1) shall not apply to flights of the following aircraft, beginning and ending in Saint Lucia without passing over any other State—

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      (a)     an aircraft flying in accordance with a special airworthiness certificate issued pursuant to Part 5 of the Schedule; or

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      (b)     an aircraft flying in accordance with the conditions of a permit to fly issued by the Authority in respect of that aircraft.

1.  

   (3)   In the case of an aircraft registered in Saint Lucia the certificate of airworthiness referred to in subregulation (1) shall be acertificate of airworthiness issued in accordance with the provisions of these Regulations including Part 5 of the Schedule.

1.  

   (4)   The Authority shall issue in respect of any 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 any engines fitted therein), and of any equipment carried in the aircraft which the Authority considers necessary for the airworthiness of the aircraft; and

   1.  

      (b)     subject to subregulation (4) the results of flying trials, and such other tests of the aircraft as the authority may require.

1.  

   (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 such prototype or modification.

1.  

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

1.  

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

1.  

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

1.  

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

1.  

   (10)   Subject to the provisions of these Regulations, a certificate of airworthiness or validation issued under this Regulation shall remain in force for such period as may be specified on the certificate, but may be reviewed by the Authority from time to time to determine that the aircraft conforms to the applicable airworthiness requirements.

1.  

   (11)   A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force—

   1.  

      (a)     if the aircraft, or such of 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 such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Authority either generally or in relation to a class of aircraft or to the particular aircraft;

   1.  

      (b)     until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and—

      1.  

         (i)     classified as mandatory by the Authority, or

      1.  

         (ii)     required by a maintenance program approved by the Authority in relation to that aircraft; or

   1.  

      (c)     until the completion to the satisfaction of the Authority of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Authority for the purpose of ensuring that the aircraft remains airworthy.

1.  

   (12)   Nothing in these Regulations shall oblige the Authority to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such approved persons as the Authority may specify, either generally or in a particular case or class of cases.

34.   Compliance with Part 5 of Schedule in performing maintenance

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

35.   Compliance with airworthiness directives; and modifications and repairs

1.  

   (1)   Airworthiness directives, or equivalent, issued by the State of manufacture and mandatory service bulletins issued by an aircraft manufacturer shall be complied with.

1.  

   (2)   In the interest of safety, the Authority may order 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 shall be modified or undergo special inspections.

1.  

   (3)   An order pursuant to subregulation (2), shall constitute an airworthiness directive and compliance is mandatory.

1.  

   (4)   An owner or operator of an aircraft registered in Saint Lucia and the holder of an air operator certificate issued pursuant to these Regulations shall ensure that such 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.

1.  

   (5)   On the issue of an applicable 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 take such action as shall be prescribed therein and shall record the details of all actions taken in the log book and other technical records of the aircraft.

1.  

   (6)   Mandatory or optional repairs or modifications shall 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, as the case may be.

1.  

   (7)   All modifications or repairs carried out shall be 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.

36.   Continued airworthiness

1.  

   (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 engines and propellers, together with its equipment and radio station, is maintained in accordance with a maintenance program developed in accordance with these Regulations applicable to the type of operation;

   1.  

      (b)     the required inspections of the aircraft have been completed in accordance with these 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 such form as shall be approved by the Authority, for the use of the flight crew containing the limitations within which the aircraft is considered airworthy, together with such additional instructions and information as may be necessary to show compliance with these Regulations relating to performance and for the safe operation of the aircraft.

1.  

   (2)   The holder of an air operator certificate issued pursuant to these regulations, or other operator of an aircraft, shall ensure that an aircraft registered in Saint Lucia shall be 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 program issued by the manufacturer and approved by the Authority and that all airworthiness directives and mandatory service bulletins are complied with, and shall ensure that an approved maintenance organisation maintains its aircraft in an airworthy condition and in accordance with the approved maintenance program.

1.  

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

1.  

   (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 rendered valid under these regulations in accordance with the ratings, privileges and limitations 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 organisation; or

   1.  

      (d)     subject to subregulation (5), a person approved by the Authority as being competent to issue such a release to service, and in accordance with that approval.

1.  

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

1.  

   (6)   A person referred to in sub-regulation (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 in accordance with these Regulations have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Authority; and

   1.  

      (d)     other releases to service have been issued in accordance with these Regulations,

1.  

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

1.  

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

1.  

   (8)   Subject to the provisions regarding retention of documents in this regulation 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.

37.   Aircraft records

1.  

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

1.  

   (2)   At the end of every flight by an aircraft operated by the holder of an air operator certificate issued pursuant to 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 such entries.

1.  

   (3)   Upon the rectification of any defect which has been entered in a technical log in accordance with 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.

1.  

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

1.  

   (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, as the case may be, in a container approved by the Authority for that purpose.

38.   Inspection, overhaul, repair, replacement and modification

1.  

   (1)   Except as provided in subregulation (2), an aircraft registered in Saint Lucia, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid pursuant to these Regulations is in force, shall not fly unless there is in force a release to service issued in accordance with this regulation if the aircraft or any part of the aircraft or such of 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, as the case may be.

1.  

   (2)   The following items, namely—

   1.  

      (a)     equipment provided in compliance with Part 7 of the Schedule;

   1.  

      (b)     radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with these Regulations;

1.  

   shall not be installed or placed 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 after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a release to service issued in accordance with this regulation.

1.  

   (3)   A release to service shall—

   1.  

      (a)     certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type accepted or approved by the Authority either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or

   1.  

      (b)     certify in relation to any inspection required by the Authority that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Authority and that any consequential repair, replacement or modification has been carried out as aforesaid.

1.  

   (4)   Subject to the provisions of these Regulations regarding retention of certifying documents required under sub-regulation (3), 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 is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be.

1.  

   (5)   In this regulation, the expression “repair” includes, in relation to a compass, the adjustment and compensation thereof and the expression “repaired” shall be construed accordingly.

39.   Aircraft, engine and propeller log books

1.  

   (1)   In addition to any other log books required pursuant to these Regulations the following log books shall be kept in respect of an aircraft registered in Saint Lucia—

   1.  

      (a)     an aircraft logbook;

   1.  

      (b)     a separate log book in respect of each engine fitted in the aircraft; and

   1.  

      (c)     a separate log book in respect of each variable pitch propeller fitted to the aircraft.

1.  

   (2)   The log books shall include the particulars respectively specified in Part 5 of the Schedule.

1.  

   (3)   An entry in the log book, other than an entry as is referred to in Part 5 of the Schedule shall be made as soon as practicable after the occurrence to which it relates.

1.  

   (4)   An entry in the log book, being such an entry as is referred to in Part 5 of the Schedule shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be.

1.  

   (5)   Entries in a log book may refer to other documents, which shall be clearly identified, and any other document so referred to shall be deemed, for the purposes of these Regulations, to be part of the log book.

1.  

   (6)   The operator of every aircraft in respect of which log books are required to be kept pursuant to this regulation, shall keep the log books or cause them to be kept in accordance with the provisions of this regulation.

1.  

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

40.   Aircraft weight schedule

1.  

   (1)   An aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Authority may require or approve in the case of that aircraft.

1.  

   (2)   Upon the aircraft being weighed pursuant to sub-regulation (1), the operator of the aircraft shall prepare a weight schedule showing—

   1.  

      (a)     either the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of 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)     either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Authority in the case of that aircraft.

1.  

   (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.

CHAPTER 6
APPROVED MAINTENANCE ORGANISATION

41.   Application of Part 6 of the Schedule

Subject to the provisions of this Chapter, the provisions of Part 6 of the Schedule apply to the issuing of approvals to organizations for maintenance, preventative maintenance and modifications of aircraft and aeronautical products and the general operating rules for an approved maintenance organisation.

42.   Requirement for approved maintenance Organisation certificate

A person shall not carry on the design, manufacture, distribution, maintenance, modification or repair of aircraft, aircraft components or aircraft materials, or any training activities associated therewith unless that person holds a valid approved maintenance organisation certificate in accordance with these Regulations and Part 6 of the Schedule and the conditions subject to which the approved maintenance organisation certificate was issued are complied with.

43.   Application for approved maintenance organisation certificate

An organisation intending to engage, in any stage of the design, manufacture, distribution, maintenance, modification or repair of aircraft, aircraft components or aircraft materials, or in training activities associated therewith, may, in the form prescribed by the Authority, apply to the Authority for an approved maintenance organisation certificate in respect of those activities.

44.   Grant of approved maintenance organisation certificate

1.  

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

1.  

   (2)   The Authority shall issue an approved maintenance organisation certificate to an organisation 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.

45.   Form and conditions of approved maintenance organisation certificate

An approved maintenance organisation certificate shall be in such form, be subject to such conditions and limitations and contain such particulars as may be determined from time to time by the Authority.

46.   Duration of approved maintenance organisation certificate

An approved maintenance organisation certificate shall remain in force for such period as may be specified in the certificate, but may be reviewed by the Authority from time to time to determine that the holder remains fit and qualified in accordance with the requirements of Part 6 of the Schedule.

CHAPTER 7
AIRCRAFT INSTRUMENTS AND EQUIPMENT

47.   Application of Part 7 of the Schedule

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

48.   Requirement for instruments and equipment

1.  

   (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.

1.  

   (2)   In the case of an aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued pursuant to these Regulations, the instruments and equipment required to be provided, in addition to any other equipment required by or under these Regulations, shall be that 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 either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.

1.  

   (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 pursuant to these Regulations, shall carry such additional or special equipment or supplies as the Authority may specify 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.

1.  

   (4)   The equipment carried in compliance with this Regulation shall 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.

1.  

   (5)   The position of equipment provided for emergency use shall 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 pursuant to these Regulations.

1.  

   (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.

1.  

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

1.  

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

1.  

   (9)   An aircraft registered in Saint Lucia, or operated by the holder of an air operator certificate issued pursuant to these Regulations, engaged on a flight for the purpose of commercial air transport shall 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.

49.   Radio equipment and requirements

1.  

   (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 the provisions of these Regulations.

1.  

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

1.  

   (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 pursuant to these Regulations, shall carry such additional or special radio or radio navigation equipment as the Authority may specify 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.

1.  

   (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 pursuant to these Regulations shall always be maintained in serviceable condition.

1.  

   (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 pursuant to these Regulations or carried on such an aircraft for use in connection with the aircraft shall be of a type approved by the Authority in relation to the purpose for which it is to be used, and shall be installed in a manner approved by the Authority and neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Authority.

50.   Minimum equipment requirements

1.  

   (1)   A person shall not operate an aircraft pursuant to these Regulations unless the aircraft complies with the minimum instrument and equipment requirements of Part 7 of the Schedule, and 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.

1.  

   (2)   The Authority may, subject to such conditions as the Authority thinks fit, grant in respect of any aircraft or class of aircraft registered in Saint Lucia an authorization to allow such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment, including radio apparatus, required pursuant to 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.  

   (3)   An aircraft registered in Saint Lucia or operated by the holder of an air operator certificate issued pursuant to these Regulations shall not commence a flight if any of the equipment, including radio apparatus, required by or 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 thereby contain the particulars specified for such 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.

CHAPTER 8
OPERATIONS

51.   Application of Part 8 of the Schedule

Subject to the provisions of this Chapter, the provisions of Part 8 of the Schedule apply to the requirements for—

1.  

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

1.  

   (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;

1.  

   (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;

1.  

   (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

1.  

   (e)     any other matter specified in that Part.

52.   Restriction on operations

1.  

   (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 pursuant to these Regulations;

1.  

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

1.  

   (2)   The requirements referred to in subregulation (1) are that—

   1.  

      (a)     the aircraft is in compliance with the aircraft requirements specified in these Regulations and Part 8 of the Schedule;

   1.  

      (b)     the flight crew comply with the flight crew requirements, duties and responsibilities specified in these Regulations including Part 8 of the Schedule;

   1.  

      (c)     the flight complies with the requirements specified in these Regulations including Part 8 of the Schedule for all passenger carrying operations;

   1.  

      (d)     the flight plans, flight planning and other preflight preparations comply with the requirements specified in these Regulations and Part 8 of the Schedule;

   1.  

      (e)     the flight is conducted in compliance with the flight rules specified in 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 in 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.

1.  

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

1.  

   (3)   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 persons or property carried therein, or the safety, efficiency or regularity of air navigation.

1.  

   (4)   A person shall not while in an aircraft—

   1.  

      (a)     use any 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 duties.

CHAPTER 9
AIR OPERATOR CERTIFICATION AND OPERATIONS

53.   Application of Part 9 of the Schedule

Subject to the provisions of this Chapter, the provisions of Part 9 of the Schedule apply to—

1.  

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

1.  

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

1.  

   (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 to the Chicago Convention.

54.   Requirement for air operator certificate

1.  

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

   1.  

      (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;

   1.  

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

   1.  

      (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 aircraft to, from, in or over Saint Lucia is included at gratis or is compensated;

   1.  

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

1.  

   (2)   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 Chapter 10 applies or holds a valid air operator certificate issued in accordance with these Regulations and Part 9 of the Schedule and the conditions subject to which the air operator certificate was issued are complied with and—

   1.  

      (a)     the initial certification requirements for commercial air transport operations pursuant to Part 9 of the Schedule are complete;

   1.  

      (b)     the operations are in conformity with the authorizations and limitations of the air operator certificate issued pursuant to the requirements of Part 9 of the Schedule;

   1.  

      (c)     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.  

      (d)     the operations are in conformity with the applicable requirements of the security program specified in Part 9 of the Schedule;

   1.  

      (e)     the aircraft is maintained in accordance with the applicable maintenance requirements of Parts 5, 6 and 9 of the Schedule;

   1.  

      (f)     the passenger-carrying requirements are complied with pursuant to Part 9 of the Schedule;

   1.  

      (g)     the assigned aviation personnel are qualified and current in conformity with the minimum qualification, training and checking of Part 9 of the Schedule;

   1.  

      (h)     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.  

      (i)     the flight is released in conformity with the flight release requirements specified in Part 9 of the Schedule;

   1.  

      (j)     the mass and balance and performance requirements specified in Part 9 of the Schedule are complied with.

55.   Application for operator certificate

A person wishing to engage in commercial air transport to, from, in or over Saint Lucia may, in the form prescribed by the Authority, apply to the Authority for an air operator certificate.

56.   Grant of air operator certificate

1.  

   (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.

1.  

   (2)   In exercising the functions pursuant to sub-regulation (1), the Authority shall have regard to such of 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 upon Saint Lucia by international agreement or treaty;

   1.  

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

1.  

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

   1.  

      (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;

   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 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.

57.   Conditions of air operator certificate

1.  

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

1.  

   (2)   An air operator certificate shall remain in force for the period specified in Part 9 of the Schedule, but may be reviewed by the Authority from time to time to determine that the holder is fit and qualified in accordance with the requirements of Part 9 of the Schedule.

1.  

   (3)   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.

58.   Authority to maintain system of continued surveillance

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.

59.   Shipping and acceptance of dangerous goods

1.  

   (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.

1.  

   (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.

1.  

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

1.  

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

60.   Munitions of war

1.  

   (1)   An 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 thereto; and

   1.  

      (b)     the pilot in command of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munitions of war on board or suspended beneath the aircraft and any conditions of the permission of the Authority.

1.  

   (2)   Notwithstanding sub-regulation (1) an 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.

1.  

   (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 thereon any weapon or munitions of war unless –

   1.  

      (a)     the weapon or munitions of war –

      1.  

         (i)     is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereon,

      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 that passenger or by the consignor to the operator before the flight commences; and

   1.  

      (c)     the operator consents to the carriage of such weapon or munitions of war by the aircraft.

1.  

   (4)   Nothing in this regulation shall apply 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, as the case may be, 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.

1.  

   (5)   For the purposes of this regulation a “munitions of war” means any weapon, ammunition or article containing an explosive or any 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 such weapon, ammunition or article.

1.  

   (6)   The approval of the Authority pursuant to this regulation shall not have the effect of dispensing with any permission required under any other law in force in Saint Lucia.

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

61.   Application of Part 10 of the Schedule

1.  

   (1)   Subject to sub-regulation (2), the provisions of Part 10 of the Schedule apply to the operation of any civil aircraft for the purpose of commercial air transportation operations by a person whose air operator certificate is issued or controlled by a licensing authority in a State other than Saint Lucia (in these Regulations referred to as a “foreign air operator”).

1.  

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

62.   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—

1.  

   (a)     Part 10 of the Schedule;

1.  

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

1.  

   (c)     the standards contained in ICAO Annex 6, Parts I and III.

CHAPTER 11
AERIAL WORK

63.   Application of Part 11 of the Schedule

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

64.   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 pursuant to these Regulations and to Part 11 of the Schedule and the conditions subject to which the certificate was issued are complied with.

65.   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 pursuant to these Regulations.

66.   Grant of certificate for aerial work

1.  

   (1)   The Authority may grant a certificate for the purpose of aerial work to any person applying therefor if the Authority is satisfied that 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, organisation, 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.

1.  

   (2)   A certificate for the purpose of aerial work may be granted subject to such conditions as 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.

67.   Duration of certificate for aerial work

A certificate for the purpose of aerial work shall remain in force for the period specified in the issued authorization, but may be reviewed by the Authority from time to time to determine whether the holder is fit and qualified in accordance with requirements of Part 11.

68.   Aerial application manual

1.  

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

1.  

   (2)   The holder of a certificate shall make such amendments of or additions to the manual as the Authority may require.

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

1.  

   (1)   Subject to the provisions of 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 any article, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered 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.

1.  

   (2)   Nothing in this regulation shall—

   1.  

      (a)     prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal apparatus required or permitted pursuant to these Regulations to be towed or displayed by an aircraft in flight;

   1.  

      (b)     prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life.

70.   Dropping of animals and articles

1.  

   (1)   Subject to sub-regulation (3), articles and animals, 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.

1.  

   (2)   Subject to sub-regulation (3), except in accordance with the terms of a certificate for the purpose of aerial work and the requirements of Part 11 of the Schedule, articles and animals, 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.

1.  

   (3)   This Regulation shall not apply to the dropping of articles 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 the provisions of 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.

1.  

   (4)   For the purposes of this regulation dropping includes projecting and lowering.

1.  

   (5)   Nothing in this regulation shall prohibit the lowering of any article or animal from a helicopter to the surface, if the certificate of airworthiness issued or rendered 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.

71.   Dropping of persons

1.  

   (1)   A person shall not drop, be dropped or 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.

1.  

   (2)   For the purposes of this regulation “dropping” includes projecting and lowering.

1.  

   (3)   Notwithstanding the grant of an authorization pursuant to 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.

1.  

   (4)   An aircraft shall not be used for the purpose of dropping persons unless the certificate of airworthiness issued or rendered 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.

1.  

   (5)   Every applicant for and every holder of an authorization pursuant to sub-regulation (1) shall make available to the Authority if requested to do so, a parachuting manual and shall make such amendments or additions to such manual as the Authority may require.

1.  

   (6)   The holder of an authorization shall make available to every employee or person who is or may engage in parachuting activities conducted by that holder, the manual which shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

1.  

   (7)   Without prejudice to any other provision of these Regulations the Authority may, for the purpose of this Regulation, accept reports furnished to the Authority by a person whom the Authority may approve, subject to such conditions as the Authority thinks fit, as qualified to furnish such reports.

1.  

   (8)   Nothing in this regulation shall apply to the descent of persons by parachute from an aircraft in an emergency.

1.  

   (9)   Nothing in this regulation shall prohibit the lowering of any person in an emergency or for the purpose of saving life.

1.  

   (10)   Nothing in this regulation shall prohibit the lowering of any 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.

72.   Aerial photography and survey from aircraft

1.  

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

1.  

   (2)   Any breach by a person to whom an authorization has been granted pursuant to this regulation of any condition to which that authorization is subject shall constitute a contravention of this regulation.

73.   Exhibitions of flying aircrafts, races or contests

1.  

   (1)   A person shall not act as the organizer (in this regulation referred to as 'the exhibition organizer') of an exhibition of flying, an aircraft race or contest at an organised event (in this Regulation referred to as an 'organised event') which event the exhibition organizer reasonably believes is likely to be attended by more than 200 persons and which event consists wholly or partly of an exhibition of flying, aircraft race or contest unless at the time at which such an organised event commences, the exhibition organizer has obtained the permission in writing of the Authority for that organised event and complies with any conditions therein specified and the requirements of Part 8 of the Schedule.

1.  

   (2)   The pilot in command of an aircraft intending to participate in an organised event for which a permission is required by virtue of sub-regulation (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 such permission;

   1.  

      (b)     the flight can comply with any relevant conditions subject to which that permission is granted; and

   1.  

      (c)     the pilot has been granted an authorization appropriate to the intended flight.

1.  

   (3)   The pilot in command of an aircraft participating in an organised event for which permission required by sub-regulation(1) has been granted, shall comply with any conditions subject to which that permission is granted.

1.  

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

1.  

   (5)   The exhibition organizer shall not permit any person to act as pilot of an aircraft which participates in an organised event for which permission is required pursuant to sub-regulation(1) unless such person holds a display authorization appropriate to the intended flight granted by the Authority.

1.  

   (6)   The Authority shall grant the permission required pursuant to subregulation (1) to any person applying therefor if the Authority is satisfied that that person is a fit and competent person, having regard in particular to that person's previous conduct and experience, the organisation, staffing and other arrangements for the activity, to safely organise the proposed exhibition of flying.

1.  

   (7)   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.

1.  

   (8)   The Authority shall, for the purposes of this regulation, either 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) upon 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.

1.  

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

1.  

   (10)   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.

CHAPTER 12
AIRCRAFT ACCIDENT REPORTING AND INVESTIGATION REQUIREMENTS

74.   Application of Part 12 of the Schedule

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

1.  

   (a)     initial notification and later reporting of aircraft incidents and accidents and certain other occurrences in the operation of aircraft—

   1.  

      (i)     when they involve a civil aircraft registered in Saint Lucia wherever they occur;

   1.  

      (ii)     when they involve public aircraft, wherever they occur; and

   1.  

      (iii)     when they involve a foreign civil aircraft where the events occur in Saint Lucia;

1.  

   (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.

75.   Requirement for accident reporting and investigation

1.  

   (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,

1.  

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

1.  

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

1.  

   (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.

CHAPTER 13
FLIGHT SAFETY DIVISION

76.   Establishment and functions of a 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—

1.  

   (a)     registration of aircraft;

1.  

   (b)     airworthiness of aircraft;

1.  

   (c)     personnel licensing;

1.  

   (d)     operations of aircraft;

1.  

   (e)     aerial work;

1.  

   (f)     commercial air transport;

1.  

   (g)     carriage of dangerous goods; and

1.  

   (h)     accident investigation.

77.   Delegation of powers to Director

The Authority shall appoint a person to be the Director of the Flight Safety Division and the Director of the Flight Safety Division shall have the delegated authority to issue any licence, authorization, rating, certificate, approval or other written document in support of the functions assigned to it and to perform such acts and to conduct such investigations on behalf of the Director General pursuant to these Regulations.

78.   Issue of circulars, notices etc

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 prescribe requirements to give effect to the provisions of the Chicago Convention and the Annexes thereto and the Standards and Recommended Practices of ICAO as well as the provisions of the Act and of these Regulations, relating to the operation, use, possession, maintenance or operations of aircraft flying in or over Saint Lucia or of aircraft registered in Saint Lucia or of aircraft operated by the holder of an air operator certificate issued pursuant to these Regulations.

79.   Authorizing credential

1.  

   (1)   The aviation safety inspectors assigned to the Flight Safety Division shall have the status of authorized persons pursuant to these Regulations and shall be issued a unique credential for the performance of their functions.

1.  

   (2)   A person shall not possess or use these aviation safety inspector credentials unless—

   1.  

      (a)     that person is employed by the Eastern Caribbean Civil Aviation 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.

80.   Powers and duties of authorised persons

1.  

   (1)   An authorized person, may carry out audits or surveillance or require any person to produce documents or any other article for the purpose of investigating or enforcing compliance with these Regulations.

1.  

   (2)   A person who is required in terms of subregulation (1) to produce a document or other article—

   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.

1.  

   (3)   An authorized person may—

   1.  

      (a)     enter and inspect –

      1.  

         (i)     any aerodrome, hangar or other place at which an aircraft is located or stored,

      1.  

         (ii)     an aircraft, or

      1.  

         (iii)     any organisation performing tasks and services related to aviation safety; and

   1.  

      (b)     to inspect aircraft equipment, components, materials, facilities, personnel or crewmembers; for the purpose of ensuring that the provisions of the Act and these Regulations have been, or are being complied with.

1.  

   (4)   Where it appears to an authorized person that an aircraft is intended or likely to be flown in such circumstances that the flight would involve an offence against these Regulations or be a cause of danger to persons in the aircraft or to persons or property on the ground, the person may detain the aircraft or take such other action necessary for the purpose of inspecting the aircraft or causing the circumstances of the flight to be investigated.

1.  

   (5)   Where an aircraft has been detained pursuant to sub-regulation (4) it shall not be operated until the Authority, being satisfied that these Regulations are being complied with, approves or until such modifications or repairs have been effected as the Authority considers necessary to render the aircraft fit for flight.

1.  

   (6)   For the purpose of exercising his or her responsibilities under these Regulations any authorized person shall be issued with and carry at all times a means of identification specifying the unique credential referred to in regulation 79(1).

1.  

   (7)   A person shall not intentionally obstruct or impede any authorized person acting in the exercise of his or her powers or the performance of his or her duties pursuant to these Regulations.

81.   Access and inspection

1.  

   (1)   The Authority may cause such evaluations, inspections, investigations, tests, experiments, or flight trials to be made as it considers necessary for the purposes of these Regulations.

1.  

   (2)   A person authorized in writing by the Authority to conduct inspections, investigations and observations referred to in subregulation (1) may, at any reasonable time, with free and uninterrupted access, inspect any aircraft, personnel, facilities, and records in operations subject to these Regulations.

1.  

   (3)   The Director General or any person authorized by the Director General in writing shall have the right of access at all reasonable times—

   1.  

      (a)     to any aerodrome for the purpose of inspecting the aerodrome or any aircraft on the aerodrome or any document which the Director General may, in terms of these Regulations, demand, or for the purpose of detaining the aircraft in terms of these Regulations;

   1.  

      (b)     to any place, whether public or private, where an aircraft is located for the purpose of inspecting the aircraft or any document which it or such person has power, in terms of these Regulations, to demand or for the purpose of detaining the aircraft in terms of these Regulations;

   1.  

      (c)     to any aircraft, for the purpose of checking, whilst in flight, the performance of the aircraft or any of its equipment and the efficiency of flight crew members in the performance of their duties: provided that the safety of commercial operations of the aircraft shall not be unduly prejudiced by the exercise of the right of access in terms of this regulation.

82.   Power to inspect and copy

1.  

   (1)   An authorized person may inspect and copy any document issued pursuant to these Regulations.

1.  

   (2)   A person shall not obstruct, impede or otherwise interfere with the copying of the documents in referred to in sub-regulation (1) by an authorized person.

83.   Production of documents and records

1.  

   (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 airmen licences and medical certificates, operational and maintenance manuals and records as required by these Regulations and the Parts of the Schedule applicable to that activity.

1.  

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

1.  

   (3)   The requirements of subregulation (2) shall be deemed to have been complied with, except in relation to documents required by these Regulations to be carried in the 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.

84.   Power to prevent aircraft flying

1.  

   (1)   If it appears to the Authority or an authorized person that any aircraft is intended or likely to be flown—

   1.  

      (a)     in such circumstances that the flight would be a cause of danger to any person or property whether or not in the aircraft and in contravention of any provision of these Regulations or any directions issued pursuant to these Regulations; or

   1.  

      (b)     while in a condition unfit for the flight; or

   1.  

      (c)     in such circumstances that any provision under these Regulations or provision relating to the licensing of air transport in Saint Lucia would be contravened in relation to the flight;

1.  

   the Authority or the authorized person 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 such description as may be specified in the direction, until the direction has been revoked by the Authority or by an authorized person, and the Authority or the authorized person may take such steps as are necessary to detain the aircraft.

1.  

   (2)   For the purposes of subregulation (1), the Authority or any authorized person may enter upon an aerodrome and inspect any aircraft.

CHAPTER 14
REPORTS, DOCUMENTS AND RECORDS

85.   Mandatory reporting

1.  

   (1)   The 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 such an aircraft, or any equipment or part thereof; or who signs a release to service, or release to service in respect of such an aircraft, part or equipment shall make the reports to the Authority—

   1.  

      (a)     which are specified in these Regulations including the applicable Parts of the Schedule; or

   1.  

      (b)     upon the Authority's request for such information as specified in a notice in writing served upon the person, where the information is in this 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 in accordance with this regulation.

1.  

   (2)   The reports pursuant to subregulation (1), shall be made within such time, by such means, and shall contain such information as is so specified by the Authority and it shall be presented in such form as the Authority may require.

1.  

   (3)   In this regulation “reportable occurrence” means the following –

   1.  

      (a)     an incident relating to the aircraft or any defect in or malfunctioning of the aircraft or any 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 any 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.

1.  

   (4)   Subject to subregulation (1)(a), nothing in this regulation shall require a person to report any occurrence which the person has reason to believe has been or will be reported by another person to the Authority in accordance with this regulation.

1.  

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

86.   Documents to be carried

The 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: Provided that 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 that aerodrome instead of being carried in the aircraft.

87.   Preservation of documents

1.  

   (1)   A person required pursuant to these Regulations and the applicable Parts of the Schedule to preserve any 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 shall fall upon his or her designated representative.

1.  

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

88.   Offences relating to documents and records

1.  

   (1)   A person shall not with intent to deceive—

   1.  

      (a)     use any certificate, licence, rating, authorization, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled; or

   1.  

      (b)     lend any 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 any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, rating, authorization, approval, permission or exemption or other document.

1.  

   (2)   A person shall not intentionally—

   1.  

      (a)     damage, alter or render illegible any record; or

   1.  

      (b)     knowingly make, or procure or assist in the making of, any 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.

1.  

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

1.  

   (4)   A person shall not issue or purport to issue any certificate for the purposes of these Regulations or any directions 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.

CHAPTER 15
ENFORCEMENT OF REGULATIONS

89.   Provisional action by Authority

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

1.  

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

1.  

   (b)     the imposition of monetary penalties for the contravention of Regulations made under section 51 of the Act;

1.  

   (c)     the variation, suspension or revocation of a document; and

1.  

   (d)     the prevention of flying.

90.   Variation, suspension, cancellation and refusal to renew documents

1.  

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

1.  

   (2)   Save as provided by subregulation (3), 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.

1.  

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

1.  

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

1.  

   (5)   Notwithstanding regulation 89 the Director General may vary a document if he 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.

1.  

   (6)   In particular, and without prejudice to the generality of the foregoing, the Authority may exercise its powers pursuant to subregulation (1) if it appears to the Authority that the person to whom the document was granted has committed a breach of any condition to which it is subject.

91.   Breaches, offences and penalties

1.  

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

1.  

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

1.  

   (3)   Where a person is charged with contravening any 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 shall be 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.

1.  

   (4)   A person who contravenes any of these Regulations commits an offence and is liable on summary conviction to imprisonment for 6 months or a fine of $5,000 or both.

92.   Appeals

A person affected by the determination of either the Director General or a person appointed by the Minister to conduct a review shall have the right of appeal in accordance with section 39 of the Act.

CHAPTER 16
GENERAL

93.   Fees

1.  

   (1)   The Minister, on the recommendation of the Authority, shall by notice published in the Gazette, prescribe the fees for the issue, validation, renewal, extension or variation of any document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations.

1.  

   (2)   Where an application is made in connection with which a fee is chargeable pursuant to these Regulations, the applicant shall be required before the application is considered to pay the whole fee or fees so chargeable.

1.  

   (3)   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 the following sub-regulations refund the amount of the fee or part of the fee.

1.  

   (4)   Subject to subregulation (5), where the fee paid is wholly or to any 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 so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such 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 such withdrawal, cesser or refusal.

1.  

   (5)   If in any case the amount paid by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any 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 such fee shall be payable by the applicant.

94.   Validation of documents

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

95.   Extra-territorial effect of Regulations

Except where the context otherwise requires, the provisions of these Regulations shall be applied in accordance with section 3 of the Act.

96.   Application of Regulations 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, ensure compliance with these Regulations.

97.   Waiver

The Authority may issue a waiver from any of the requirements of these Regulations in accordance with sections 54 and 55 of the Act.

98.   Deviation

The Authority may issue a deviation from any of the requirements of these Regulations in accordance with sections 54 and 55 of the Act.

99.   Exemption

The Authority may issue an exemption from any of the requirements of these Regulations in accordance with sections 54 and 55 of the Act.

100.   Power to prohibit or restrict flying

1.  

   (1)   Where the Authority deems 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 aircraft race or contest or of an exhibition in flying; or

   1.  

      (c)     national defense or any other reason affecting the public interest; the Authority may by notice in writing published in the Gazette issue directions prohibiting, restricting or imposing conditions on flight by any aircraft, whether or not registered in Saint Lucia, in any airspace over Saint Lucia, or by aircraft registered in Saint Lucia, in any other airspace, being airspace in respect of which the Government of Saint Lucia has in pursuance of international arrangements undertaken to provide navigation services for aircraft.

1.  

   (2)   Directions issued pursuant to this regulation may apply either generally or in relation to any class of aircraft.

101.   Non-application to ultra small aircraft

The provisions of these Regulations shall not apply to or in relation to-

1.  

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

1.  

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

1.  

   (c)     an aircraft weighing not more than 7 kg without its fuel; or

1.  

   (d)     a parascending parachute.

102.   Implementing Standards

1.  

   (1)   The Director shall, from time to time, issue the Implementing Standards which are applicable to these Regulations and which are referred to in the Schedule.

1.  

   (2)   Implementing Standards issued pursuant to sub-regulation (1) are legally binding and a contravention of any provision of the Implementing Standards is a contravention of these Regulations.

103.   Transitional

1.  

   (1)   Subject to the following sub-regulations, any person who on the date these Regulations come into operation holds a valid document issued under the law in force on that date for the registration, operation or maintenance of an aircraft shall be deemed to hold a document in accordance with these Regulations for a period not exceeding 12 months from the date these Regulations come into operation, unless the document expires prior to the end of that period.

1.  

   (2)   Within 3 months from the date these Regulations come into operation or before a document expires, every holder of a document referred to sub-regulation (1) shall supply to the Director General full details of his or her document and apply to the Director General for a new document pursuant to these Regulations.

1.  

   (3)   Where the Director General, having reviewed a document supplied pursuant to sub-regulation (2), is satisfied that the document was validly issued under the law in force in Saint Lucia before the commencement of these Regulations, the Director General shall, within 6 months of the date of such notification issue a document to that person for at least the unexpired term of the original document but otherwise subject to conditions determined by the Director General.

1.  

   (4)   If the Director General is not satisfied, for any reason, that a document notified to it pursuant to sub-regulation (2) was validly issued or that the holder of the document is still qualified to hold the document, it shall so notify the person concerned and the document in question shall expire on the date of notification.

Schedule

(Parts 1-12)

PART 1
GENERAL POLICIES, PROCEDURES, AND DEFINITIONS

CONTENTS

PART 1

1.1   RULES OF CONSTRUCTION

1.1.1.1   Rules of Construction

1.1.1.2   Applicability

1.  

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

   1.  

      (a)     an aircraft registered in Saint Lucia;

   1.  

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

   1.  

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

1.  

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

1.  

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

1.  

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

1.1.1.3   Organisation of Regulations

1.  

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

   1.  

      (a)     Part refers to the primary subject area;

   1.  

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

   1.  

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

   1.  

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

   1.  

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

1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

1.1.1.4   Definitions

1.  

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

1.  

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

1.  

   “Accountable manager” means:

   1.  

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

   1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

   1.  

      (a)     dispensing;

   1.  

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

   1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

   “Authorised instructor” means a person who—

   1.  

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

   1.  

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

   1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

   1.  

      (a)     a crew member;

   1.  

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

   1.  

      (c)     an authorised representative of an Authority;

   1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

      “Flight plan” means—

      1.  

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

      1.  

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

      1.  

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

   1.  

      “Flight simulator” means a device that—

      1.  

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

      1.  

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

      1.  

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

      1.  

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

      1.  

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

   1.  

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

1.  

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

   1.  

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

   1.  

      “Flight training device” means a device that—

      1.  

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

      1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

      1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

      “Pilot time” means that time a person—

      1.  

         (a)     serves as a required pilot;

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

      1.  

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

      1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

      1.  

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

      1.  

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

      1.  

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

      1.  

         (d)     involves injury to any internal organ; or

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

      “Substance abuse” means—

      1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

1.2   GENERAL ADMINISTRATIVE RULES GOVERNING TESTING, LICENSES AND CERTIFICATES

1.2.1.1   Display and Inspection of Licenses and Certificates

1.  

   (1)     Pilot license:

   1.  

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

   1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

1.  

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

   1.  

      (a)     the Authority; or

   1.  

      (b)     any national or local law enforcement officer.

1.2.1.2   Change of Name

1.  

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

1.  

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

   1.  

      (a)     the current license or certificate; and

   1.  

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

1.  

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

1.2.1.3   Change of Address

1.  

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

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

1.  

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

   1.  

      (a)     an airman license;

   1.  

      (b)     a medical certificate;

   1.  

      (c)     a knowledge test report.

1.  

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

   1.  

      (a)     the name of the airman or applicant;

   1.  

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

   1.  

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

   1.  

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

   1.  

      (e)     any available information regarding the—

      1.  

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

      1.  

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

      1.  

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

1.  

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

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

1.  

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

   1.  

      (a)     any fraudulent or intentionally false statement;

   1.  

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

   1.  

      (c)     any reproduction for fraudulent purpose; or

   1.  

      (d)     any alteration.

1.  

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

1.2.1.6   Surrender, Suspension, or Revocation of License or Certificate

1.  

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

1.  

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

1.2.1.7   Reapplication After Revocation

1.  

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

1.2.1.8   Reapplication After Suspension

1.  

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

1.2.1.9   Voluntary Surrender or Exchange of License

1.  

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

   1.  

      (a)     cancellation;

   1.  

      (b)     issuance of a lower grade license; or

   1.  

      (c)     another license with specific ratings deleted.

1.  

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

1.2.1.10   Prohibition on Performance During Medical Deficiency

1.  

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

   1.  

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

   1.  

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

1.2.1.11   Drug and Alcohol Testing and Reporting

1.  

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

   1.  

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

   1.  

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

1.  

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

   1.  

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

   1.  

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

1.  

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

   1.  

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

   1.  

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

1.3   Exemptions and equivalent Safety case

1.3.1.1   Exemptions and Equivalent Safety Case

1.  

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

PART 2
PERSONNEL LICENSING

CONTENTS

PART 2
PERSONNEL LICENSING

2.1   GENERAL LICENSING REQUIREMENTS

2.1.1   General

2.1.1.1   Applicability

1.  

   This Part prescribes—

   1.  

      (a)     the requirements for issuing airman licences, and ratings; and authorisations to those licences, as applicable;

   1.  

      (b)     the conditions under which those licences, ratings, and authorizations are necessary; and

   1.  

      (c)     the privileges and limitations of holders of those licences, ratings, and authorisations.

2.1.1.2   Definitions

1.  

   For the purpose of this Part, the following definitions shall apply—

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

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

   1.  

      “Substance abuse” refers to—

      1.  

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

      1.  

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

      1.  

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

   1.  

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

   1.  

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

2.1.1.3   Acronyms

1.  

   The following acronyms are used in this Part:

   1.  

      AME – Aviation Medical Examiner

   1.  

      AMO – Approved Maintenance Organisation

   1.  

      AMT – Aviation Maintenance Technician

   1.  

      AOC – Air Operator Certificate (Civil Aviation Law)

   1.  

      ATO – Aviation Training Organisation

   1.  

      AC – Advisory Circular

   1.  

      cm – centimetre(s)

   1.  

      dB – decibels (relative to as 1 microPascal)

   1.  

      IA – Inspection Authorisation

   1.  

      IFR – Instrument Flight Rules

   1.  

      ICAO – International Civil Aviation Organisation (Civil Aviation Law)

   1.  

      PIC – Pilot In Command

   1.  

      Co-Pilot

   1.  

      VFR – Visual Flight Rules

   1.  

      OECS – Organisation of Eastern Caribbean States

   1.  

      LWTR – Licence Without Type Rating

2.1.2   Licences, Ratings, and Authorisations

2.1.2.1   Applicability

1.  

   This section describes the licences, ratings and pilot authorisations issued by the Authority and prescribes the requirements for testing and validating such licences, ratings and authorisations.

2.1.2.1(a)   Application

1.  

   An applicant for a pilot licence shall apply to the Authority in the manner prescribed in IS 2.1.2.1(a).

2.1.2.2   Licences Issued

1.  

   The Authority may issue the following licences under this Part—

   1.  

      (a)     pilot licences—

      1.  

         (i)     student pilot,

      1.  

         (ii)     private pilot,

      1.  

         (iii)     commercial pilot, and

      1.  

         (iv)     airline transport pilot;

   1.  

      (b)     flight engineer licence;

   1.  

      (c)     air traffic controller licence;

   1.  

      (d)     AMT licence.

2.1.2.3   Ratings Issued

1.  

   (1)     The Authority may issue the following ratings for pilots—

   1.  

      (a)     Category ratings in the following aircraft:

      1.  

         (i)     Aeroplane,

      1.  

         (ii)     Rotorcraft,

      1.  

         (iii)     Glider,

      1.  

         (iv)     Lighter-than-air,

      1.  

         (v)     Power lift;

   1.  

      (b)     Class ratings in the following aeroplanes:

      1.  

         (i)     Single-engine, land,

      1.  

         (ii)     Single-engine, sea,

      1.  

         (iii)     Multi-engine, land,

      1.  

         (iv)     Multi-engine, sea;

   1.  

      (c)     Class ratings in the following rotorcraft:

      1.  

         (i)     Helicopter,

      1.  

         (ii)     Gyroplane;

   1.  

      (d)     Class ratings in the following lighter-than-air aircraft:

      1.  

         (i)     Airship,

      1.  

         (ii)     Free balloon;

   1.  

      (e)     Type ratings in the following aircraft:

      1.  

         (i)     Large aircraft, other than lighter-than-air,

      1.  

         (ii)     Small turbojet powered aeroplanes,

      1.  

         (iii)     Small helicopters for operations requiring an airline transport certificate,

      1.  

         (iv)     Aircraft certified for at least 2 pilots,

      1.  

         (v)     Any aircraft considered necessary by the Authority;

   1.  

      (f)     Instrument ratings in the following aircraft:

      1.  

         (i)     Instrument – Aeroplane,

      1.  

         (ii)     Instrument – Helicopter;

   1.  

      (g)     Flight Instructor

      1.  

         (i)     Single engine,

      1.  

         (ii)     Multi-engine,

      1.  

         (iii)     Instrument.

1.  

   (2)     The Authority may place the category, class, or type rating on a pilot licence when issuing that licence, provided the rating reflects the appropriate category, class, or type aircraft used to demonstrate skill and knowledge for its issuance.

1.  

   (3)     The Authority may issue the following ratings for flight engineers:

   1.  

      (a)     reciprocating engine powered;

   1.  

      (b)     turbopropeller powered; and

   1.  

      (c)     turbojet powered.

1.  

   (4)     The Authority may issue a facility rating for air traffic controllers.

1.  

   (5)     The Authority may issue the following ratings for AMTs:

   1.  

      (a)     Airframe;

   1.  

      (b)     Powerplant.

1.  

   (6)     The Authority may issue the following ratings for ARSs:

   1.  

      (a)     Propellers;

   1.  

      (b)     Avionics;

   1.  

      (c)     Instrument;

   1.  

      (d)     Computer;

   1.  

      (e)     Accessories;

   1.  

      (f)     Experimental Aircraft Builder.

1.  

   (7)     The Authority may issue the following type ratings for parachute riggers:

   1.  

      (a)     Seat;

   1.  

      (b)     Back;

   1.  

      (c)     Chest;

   1.  

      (d)     Lap.

2.1.2.4   Authorisations Issued

1.  

   The Authority may issue the following authorisations under this Part—

   1.  

      (a)     Category II pilot authorisation;

   1.  

      (b)     Category III pilot authorisation.

2.1.2.5   Duration of Licences, Ratings, and Authorisations

1.  

   The Authority issues all licences with a specific expiration date in accordance with IS: 2.1.2.5.

2.1.2.6   (Reserved)

2.1.2.7   General Requirements: Personnel Licences, Ratings, and Authorisations

1.  

   (1)     The Authority may issue to an applicant who cannot comply with certain eligibility requirements or areas of operations required for the issue of a licence because of physical limitations, or for other reasons, a licence, rating, or authorisation with an appropriate limitation provided the—

   1.  

      (a)     applicant is able to meet all other certification requirements for the licence, rating, or authorisation sought;

   1.  

      (b)     physical limitation, if any, has been recorded with the Authority on the applicant's medical records; and

   1.  

      (c)     Authority determines that the applicant's inability to perform the particular area of operation will not adversely affect safety.

1.  

   (2)     The Authority may remove a limitation placed on a person's licence provided that person demonstrates to an examiner or inspector satisfactory proficiency in the area of operation to which the limitation applies, or otherwise shows compliance with conditions to remove the limitation, as applicable.

1.  

   (3)     A person shall not act as a required pilot of a civil aircraft of foreign registry within Saint Lucia, unless that person's pilot licence was issued under this Part, or was issued or validated by the country in which the aircraft is registered.

1.  

   (4)     A person shall not act as a pilot, flight instructor, required flight crew member, or an air traffic controller unless that person holds an appropriate and current medical certificate issued under this Part, or other documentation acceptable to the Authority.

Implementing Standard: See IS: 2.5.2.3 for persons exempt from holding a medical certificate.

1.  

   (5)     Flight instructor rating

   1.  

      (a)     Except as provided in paragraph (b) a person other than the holder of a flight instructor rating with appropriate endorsements on his or her licence shall not—

      1.  

         (i)     give training required to qualify a person for solo flight and solo cross country flight,

      1.  

         (ii)     endorse an applicant for a pilot, flight instructor, or ground instructor licence or rating issued under this part,

      1.  

         (iii)     endorse a pilot logbook to show training given, or

      1.  

         (iv)     endorse a student pilot licence and logbook for solo operating privileges;

   1.  

      (b)     The following instructors do not have to hold a flight instructor rating—

      1.  

         (i)     the holder of a commercial pilot licence with a lighter-than air rating, provided the training is given in a lighter-than-air aircraft,

      1.  

         (ii)     the holder of an airline transport pilot licence with appropriate ratings, provided the training is conducted in accordance with an approved air carrier training program,

      1.  

         (ii)     a person who is qualified in accordance with Part 3, Subpart 3.4, provided the training is conducted in accordance with an approved training program,

      1.  

         (iv)     a flight instructor, qualified in accordance with 2.1.4.8, not rated by the Authority, or

      1.  

         (v)     the holder of a ground instructor licence in accordance with the privileges of the licence.

1.  

   (6)     A person shall not act as the PIC or co-pilot of an aircraft unless that person holds the appropriate category, class, and type rating (if a class rating and type rating is required) for the aircraft to be flown, except where the pilot:

   1.  

      (a)     is receiving training for the purpose of obtaining an additional pilot licence or rating that is appropriate to that aircraft while under the supervision of an authorised instructor; or

   1.  

      (b)     has received training required by this Part that is appropriate to the aircraft category, class, and type rating (if a class or type rating is required) for the aircraft to be flown, and has received the required endorsements from an authorised instructor.

1.  

   (7)     A pilot shall not act as PIC of an aircraft that is carrying another person, or is operated for compensation or hire, unless that pilot holds a category, class, and type rating (if a class and type rating is required) that applies to the aircraft.

Note: This subsection does not require a category and class rating for an aircraft not type certified as an aeroplane, rotorcraft, glider, poweredlift, or lighter-than-air aircraft.

1.  

   (8)     Except as provided in paragraph (9), a person shall not act as PIC of a complex aeroplane, high-performance aeroplane, or a pressurised aircraft capable of flight above 25,000 feet MSL, or an aircraft that the Authority has determined requires aircraft type specific training unless the person has—

   1.  

      (a)     received and logged ground and flight training from an authorized instructor in the applicable aeroplane type, or in an approved flight simulator or approved flight training device that is representative of that, and has been found proficient in the operation and systems of that aeroplane; and

   1.  

      (b)     received a one-time endorsement in the pilot's logbook from an authorised instructor who certifies the person is proficient to operate that aircraft.

1.  

   (9)     The training and endorsement required by paragraph (8) is not required if the person has logged flight time as PIC of that type of aircraft, or in an approved flight simulator or approved flight training device that is representative of such an aircraft.

1.  

   (10)     Additional training required for operating tailwheel aeroplanes. Except as provided in paragraph (11), a person shall not act as PIC of a tailwheel aeroplane unless that person has:

   1.  

      (a)     received and logged flight training from an authorised instructor in a tailwheel aeroplane on the manoeuvres and procedures listed in paragraph (b);

   1.  

      (b)     received an endorsement in the person's logbook from an authorized instructor who found the person proficient in the operation of a tailwheel aeroplane, to include at least normal and crosswind takeoffs and landings, wheel landings (unless the manufacturer has recommended against such landings), and go around procedures.

1.  

   (11)     The training and endorsement required by paragraph (10) is not required if the person logged PIC time in a tailwheel aeroplane before.

Implementing Standard: See IS: 2.1.2.7 for details on additional requirements and exemptions to the training requirements of this subsection.

2.1.3   Validation and Conversion of Foreign and Military Licences and Ratings

2.1.3.1   Private Pilot Licence and Ratings Issued on the Basis of a Foreign Pilot Licence

1.  

   (1)     General. A person who holds a current pilot licence issued by another Contracting State may apply for and be issued a private pilot licence with the appropriate ratings, unless otherwise permitted in paragraph (6), without any further showing of proficiency if the applicant—

   1.  

      (a)     is not under an order of revocation or suspension by the country that issued the pilot licence;

   1.  

      (b)     holds a licence that does not contain an endorsement stating that the applicant has not met all of the standards of ICAO for that licence;

   1.  

      (c)     does not currently hold a pilot licence issued by the Authority;

   1.  

      (d)     holds a current medical certificate issued under this Part or a current medical certificate issued by the country that issued the applicant's pilot licence; and

   1.  

      (e)     except as provided in 2.1.2.7, is able to read, speak, write, and understand the English language.

1.  

   (2)     Aircraft ratings issued. The Authority may place upon a pilot's licence which it issues, the aircraft ratings listed on that pilot's foreign pilot licence.

1.  

   (3)     Instrument ratings issued. The Authority may issue an instrument rating on a pilot licence to a person who holds an instrument rating on a licence issued by another Contracting State provided—

   1.  

      (a)     within 24 months preceding the month in which the person applies for the instrument rating, the applicant passes the appropriate knowledge test; and

   1.  

      (b)     the applicant is able to read, speak, write, and understand the English language.

1.  

   (4)     Operating privileges and limitations. A person who receives a pilot licence under the provisions of this subsection—

   1.  

      (a)     may act as a pilot of a civil aircraft of Saint Lucia registry in accordance with the private pilot privileges authorised by this Part;

   1.  

      (b)     shall be limited to the privileges placed on the licence by the Authority;

   1.  

      (c)     shall be subject to the limitations and restrictions on the person's licence issued by the Authority and foreign pilot licence when exercising the privileges of that pilot licence in an aircraft of Saint Lucia registry; and

   1.  

      (d)     shall not exercise the privileges of the pilot licence issued by the Authority when the person's foreign pilot licence has been revoked or suspended.

1.  

   (5)     Provision for issue of a licence on the basis of a foreign licence:

   1.  

      (a)     an applicant may use only one foreign pilot licence as a basis for obtaining a pilot licence issued by the Authority;

   1.  

      (b)     an applicant for a licence under this subsection shall provide a foreign pilot licence and medical certification in the English language or accompanied by an English language transcription that has been signed by an official or representative of the foreign aviation authority that issued the foreign pilot licence;

   1.  

      (c)     the Authority will place upon a pilot licence issued under this Subsection, the pilot's foreign licence number and country of issuance.

1.  

   (6)     The Authority may issue licences other than a private licence, or other ratings, or both, based on an arrangement with another authority.

2.1.3.2   (Reserved)

2.1.3.3   Validation of Foreign Commercial and Airline Transport Pilot Licences and Ratings

1.  

   (1)     General. A person who holds a current commercial or airline transport pilot licence issued by another Contracting State may apply for a validation of that licence provided that the applicant—

   1.  

      (a)     is not under an order of revocation or suspension by the country that issued the pilot licence;

   1.  

      (b)     holds a licence that does not contain an endorsement stating that the applicant has not met all of the standards of ICAO for that licence;

   1.  

      (c)     does not currently hold a pilot licence issued by the Authority;

   1.  

      (d)     holds a current medical certificate issued by the country that issued the applicant's pilot licence; and

   1.  

      (e)     is able to read, speak, write, and understand the English language;

   1.  

      (f)     produces an application that is supported by the relevant operator;

   1.  

      (g)     holds a licence that is current and contains the appropriate ratings for the aircraft that he or she intends to operate;

   1.  

      (h)     ensures that the licence to which this validation relates remains current throughout the period of the validation.

1.  

   (2)     Aircraft ratings issued. The Authority may validate the aircraft ratings listed on that pilot's foreign pilot licence.

1.  

   (3)     Instrument ratings issued. The Authority may validate an instrument rating on a foreign pilot licence issued by another Contracting State.

1.  

   (4)     Operating privileges and limitations. A person who is issued a validation of a foreign pilot licence under the provisions of this subsection—

   1.  

      (a)     may act as a pilot of a civil aircraft of Saint Lucia registry in accordance with the pilot privileges authorised by this Part;

   1.  

      (b)     shall be limited to the privileges placed on validation certificate by the Authority;

   1.  

      (c)     shall be subject to the limitations and restrictions on the person's validation certificate issued by the Authority and foreign pilot licence when exercising the privileges of that pilot licence in an aircraft of Saint Lucia registry; and

   1.  

      (d)     shall not exercise the privileges of the validation issued by the Authority when the person's foreign pilot licence has been revoked or suspended.

1.  

   (5)     Provisions for the validation of a foreign pilots licence:

   1.  

      (a)     an applicant may use only one foreign pilot licence as a basis for obtaining a validation issued by the Authority;

   1.  

      (b)     an applicant for a validation under this subsection shall provide a foreign pilot licence and medical certification in the English language or accompanied by an English language transcription that has been signed by an official or representative of the foreign aviation authority that issued the foreign pilot licence.

Implementing Standard: See IS: 2.1.2.7 for details on additional requirements and exemptions to the training requirements of this subsection.

1.  

   (6)     The Authority will place upon the validation certificate issued under this Subsection the pilot's foreign licence number and country of issuance.

2.1.3.4   Conversion of Foreign Commercial and Airline Transport Pilot Licences and Ratings

1.  

   (1)     General. A person who holds a current commercial or airline transport pilot licence issued by another Contracting State, may apply for a conversion of that licence provided that the applicant:

   1.  

      (a)     is not under an order of revocation or suspension by the country that issued the pilot licence;

   1.  

      (b)     holds a licence that does not contain an endorsement stating that the applicant has not met all of the standards of ICAO for that licence;

   1.  

      (c)     holds a current medical certificate issued by the country that issued the applicant's pilot licence;

   1.  

      (d)     is able to read, speak, write, and understand the English language;

   1.  

      (e)     produces (submits) an application that is supported by the relevant operator;

   1.  

      (f)     holds a licence that is current and contains the appropriate ratings for the aircraft that he or she intends to operate.

1.  

   (2)     Aircraft ratings issued. The Authority may convert the aircraft ratings listed on that pilot's foreign pilot licence.

1.  

   (3)     Instrument ratings issued. The Authority may convert an instrument rating on a foreign pilot licence issued by another Contracting State.

1.  

   (4)     Operating privileges and limitations. A person who is issued a pilot licence by the Authority based on the conversion of a foreign pilot licence under the provisions of this subsection—

   1.  

      (a)     may act as a pilot of a civil aircraft of Saint Lucia registry in accordance with the pilot privileges authorised by this Part;

   1.  

      (b)     shall be limited to the privileges placed on the converted licence issued by the Authority.

1.  

   (5)     Provisions for the conversion of a foreign pilots licence:

   1.  

      (a)     an applicant may use only one foreign pilot licence as a basis for obtaining a converted licence issued by the Authority;

   1.  

      (b)     an applicant for a conversion under this subsection shall provide a foreign pilot licence and medical certification in the English language or accompanied by an English language transcription that has been signed by an official or representative of the foreign aviation authority that issued the foreign pilot licence;

Implementing Standard: See IS: 2.1.2.7 for details on additional requirements and exemptions to the training requirements of this subsection.

1.  

   (c)     an applicant for a conversion shall provide a passport to establish age and nationality;

1.  

   (d)     an applicant shall pass a Class I medical examination conducted by an authorised medical examiner;

1.  

   (e)     an applicant shall pass an examination in air law, flight rules and procedures.

2.1.4   General Testing and Training Requirements

2.1.4.1   Tests: General Procedure Tests prescribed by or under this Part are given at times and places and by persons designated by the Authority.

2.1.4.2   Knowledge test: Prerequisites and Passing Grades

1.  

   (1)     An applicant for a knowledge test shall have—

   1.  

      (a)     received an endorsement from an authorised instructor certifying that the applicant accomplished a ground-training or a homestudy course required by this Part for the licence or rating sought and is prepared for the knowledge test; and

   1.  

      (b)     proper identification at the time of application that contains the applicant's—

      1.  

         (i)     photograph,

      1.  

         (ii)     signature,

      1.  

         (iii)     date of birth, which shows the applicant meets or will meet the age requirements of this Part for the licence sought before the expiration date of the airman knowledge test report, and

      1.  

         (iv)     actual residential address, if different from the applicant's mailing address.

1.  

   (2)     The minimum passing grade for the knowledge test shall be as in IS 2.1.4.2

2.1.4.3   Practical Test: Prerequisites

1.  

   (1)     To be eligible for a practical test, an applicant shall meet all applicable requirements for the licence or rating sought.

Implementing Standard: See IS: 2.1.4.3 for the eligibility requirements of a practical test.

1.  

   (2)     If an applicant does not complete all increments of a practical test for a licence or rating on one date, the applicant shall complete all remaining increments of the test not more than 30 calendar days after that date.

1.  

   (3)     If an applicant does not satisfactorily complete all increments of the practical test for a licence or a rating within 30 calendar days after beginning the test, the applicant shall retake the entire practical test, including those increments satisfactorily completed.

2.1.4.4   Practical Tests: General Procedures

1.  

   (1)     Except as provided in paragraph (2), the Authority will determine an applicant's ability to hold a licence or rating issued under this Subpart based upon the applicant's ability to safely perform the following during a practical test—

   1.  

      (a)     perform the tasks specified in the areas of operation for the licence or rating sought within the prescribed standards;

   1.  

      (b)     demonstrate mastery of the aircraft;

   1.  

      (c)     demonstrate sound judgement; and

   1.  

      (d)     demonstrate single-pilot competence if the aircraft is type certified for single-pilot operations.

1.  

   (2)     If an applicant fails any area of operation, that applicant fails the practical test.

1.  

   (3)     An applicant is not eligible for a licence or rating sought until all the areas of operation are passed.

1.  

   (4)     The examiner or the applicant may discontinue a practical test at any time—

   1.  

      (a)     when the applicant fails one or more of the areas of operation; or

   1.  

      (b)     due to inclement weather conditions, aircraft airworthiness, or any other safety-of-flight concern.

1.  

   (5)     If a practical test is discontinued, the Authority may give the applicant credit for those areas of operation already passed, but only if the applicant—

   1.  

      (a)     passes the remainder of the practical test within the 30-day period after the date the practical test was begun;

   1.  

      (b)     presents to the examiner for the retest, the original notice of disapproval form or the letter of discontinuance form, as appropriate;

   1.  

      (c)     satisfactorily accomplishes any additional training needed and obtains the appropriate instructor endorsements, if additional training is required.

2.1.4.5   PRACTICAL TESTS: REQUIRED AIRCRAFT AND EQUIPMENT

1.  

   Except when permitted to accomplish the entire flight increment of the practical test in an approved flight simulator or an approved flight training device, an applicant for a licence or rating issued under this Part shall furnish an aircraft with the necessary equipment and controls.

1.  

   Implementing Standard: See IS: 2.1.4.5 for required equipment and controls for practical tests.

2.1.4.6   Retesting After Failure

1.  

   (1)     An applicant for a knowledge or practical test who fails that test may reapply for the test only after the applicant has received—

   1.  

      (a)     the necessary training from an authorised instructor who has determined that the applicant is proficient to pass the test; and

   1.  

      (b)     an endorsement from an authorised instructor who gave the applicant the additional training.

1.  

   (2)     An applicant for a flight instructor rating with an aeroplane category rating or, for a flight instructor rating with a glider category rating, who has failed the practical test due to deficiencies in instructional proficiency on stall awareness, spin entry, spins, or spin recovery shall—

   1.  

      (a)     comply with the requirements of paragraph (1) before being retested;

   1.  

      (b)     bring an aircraft to the retest that is of the appropriate aircraft category for the rating sought and is certified for spins; and

   1.  

      (c)     demonstrate satisfactory instructional proficiency on stall awareness, spin entry, spins, and spin recovery to an examiner during the retest.

2.1.4.7   Records of Training Time

1.  

   A person shall document and record the following time in a manner acceptable to the Authority:

   1.  

      (a)     training and aeronautical experience used to meet the requirements for a licence, rating, qualification, authorisation, or flight review of this Part;

   1.  

      (b)     the aeronautical experience required to show recent flight experience requirements of these Regulations.

1.  

   Implementing Standard: See IS: 2.1.4.7 for flight time to be recorded.

2.1.4.8   Flight Training Received From Flight Instructors Not Rated by the Authority

1.  

   (1)     A person may credit flight training toward the requirements of a pilot licence or rating if that person received the training from—

   1.  

      (a)     a flight instructor of an Armed Force in a program for training military pilots of either—

      1.  

         (i)     Saint Lucia, or

      1.  

         (ii)     another Contracting State; or

   1.  

      (b)     a flight instructor authorised to give such training by the licensing authority of a Contracting State, provided that the flight training is given outside Saint Lucia.

1.  

   (2)     A flight instructor described in paragraph (1) is authorised to give only the endorsements to show training given.

2.1.4.9   Limitations on the Use of Flight Simulators and Flight Training Devices

1.  

   (1)     Except as specified in paragraph (2) or (3), an airman shall not receive credit for use of any flight simulator or flight training device for satisfying any training, testing, or checking requirement of this Part unless that flight simulator or flight training device is approved by the Authority for—

   1.  

      (a)     the training, testing, and checking for which it is used;

   1.  

      (b)     each particular manoeuvre, procedure, or crew member function performed; and

   1.  

      (c)     the representation of the specific category and class of aircraft, type of aircraft, particular variation within the type of aircraft, or set of aircraft for certain flight training devices.

1.  

   (2)     The Authority will consider as a flight training device any device used for flight training, testing, or checking that the Authority has accepted or approved, which any user can show to function as originally designed, provided it is used for the same purposes for which it was originally accepted or approved and only to the extent of such acceptance or approval.

1.  

   (3)     The Authority may approve a device other than a flight training simulator or flight training device for specific purposes.

Implementing Standard: See IS: 2.1.4.9 for requirements on the use of approved simulators and flight training devices.

2.1.4.10   (Reserved)

2.1.4.11   Synthetic Flight Training Device

1.  

   (1)     A Synthetic Flight Training Device is classified as:

   1.  

      (a)     flight training device (FTD);

   1.  

      (b)     full flight simulator (FFS).

1.  

   (2)     Synthetic flight training devices shall be used if available otherwise an aeroplane shall be used if appropriate for the manoeuvre or procedure.

2.2   CERTIFICATION: Pilots, Flight and Ground Instructors

2.2.1   Aircraft Ratings and Pilot Authorisations

2.2.1.1   General Requirement

1.  

   To be eligible for an aircraft rating or authorisation to a pilot licence, an applicant shall meet the appropriate requirements of this section for the aircraft rating or authorisation sought.

2.2.1.2   Instrument Rating Requirements

1.  

   (1)     An applicant for an instrument rating shall—

   1.  

      (a)     hold a pilot licence with an aircraft category and class rating for the instrument rating sought;

   1.  

      (b)     receive a logbook or training record endorsement from an authorised instructor certifying that the person is prepared to take the required practical test;

   1.  

      (c)     pass the required knowledge test on the aeronautical knowledge areas, unless the applicant already holds an instrument rating in another category; and

   1.  

      (d)     pass the required practical test on the areas of operation in—

      1.  

         (i)     the aircraft category, class, and type, if applicable, appropriate to the rating sought, or

      1.  

         (ii)     a flight simulator or a flight training device appropriate to the rating sought and approved for the specific manoeuvre or procedure performed.

1.  

   (2)     Aeronautical knowledge. An applicant for an instrument rating shall have received and logged ground training from an authorized instructor on the areas of aeronautical knowledge that apply to the instrument rating.

1.  

   (3)     Flight proficiency. An applicant for an instrument rating shall receive log training from an authorised instructor in an aircraft, or in an approved flight simulator or approved flight training device, in accordance with paragraph (5).

Note: If the privileges of the instrument rating are to be exercised on multi-engined aeroplanes, the applicant shall have received dual instrument flight instruction in such an aeroplane from an authorized flight instructor. The instructor shall ensure that the applicant has operational experience in the operation of the aeroplane solely by reference to instruments with one engine inoperative or simulated inoperative.

1.  

   (4)     Aeronautical experience. An applicant for an instrument rating shall have logged the required aeronautical experience shown in the implementing standard for this subsection.

1.  

   (5)     Use of approved flight simulators or approved flight training devices. If the instrument training was provided by an authorised instructor in an approved flight simulator or an approved flight training device, an applicant may perform—

   1.  

      (a)     a maximum of 30 hours in that flight simulator or flight training device if the training was accomplished in accordance with a training program approved under Part 3, Subpart 3.2; or

   1.  

      (b)     a maximum of 20 hours in that flight simulator or flight training device if the training was not accomplished in accordance with a training program approved under Part 3, Subpart 3.2.

Implementing Standard: See IS: 2.2.1.2 for additional requirements pertaining to the knowledge test, practical test, aeronautical experience, and aeronautical knowledge areas that apply to the instrument rating.

2.2.1.3   Category Rating

1.  

   A pilot seeking a category rating—

   1.  

      (a)     shall have received the required training and possess the aeronautical experience prescribed by this Part for the aircraft category and, if applicable, class and type rating sought;

   1.  

      (b)     shall have an endorsement in his or her logbook or training record from an authorised instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence for the aircraft category and, if applicable, class and type rating sought—

      1.  

         (i)     aeronautical knowledge areas,

      1.  

         (ii)     areas of operation;

   1.  

      (c)     shall pass the practical test applicable to the pilot licence for the aircraft category and, if applicable, class and type rating sought; and

   1.  

      (d)     need not take an additional knowledge test, provided the applicant holds an aeroplane, rotorcraft, powered-lift, or airship rating at that pilot licence level.

2.2.1.4   Class Rating

1.  

   A pilot seeking an additional class rating—

   1.  

      (a)     shall have an endorsement in his or her logbook or training record from an authorised instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence and for the aircraft class rating sought:

      1.  

         (i)     aeronautical knowledge areas,

      1.  

         (ii)     areas of operation;

   1.  

      (b)     shall pass the practical test applicable to the pilot licence for the aircraft class rating sought;

   1.  

      (c)     need not meet the training time requirements prescribed by this Part for the aircraft class rating sought; and

   1.  

      (d)     need not take an additional knowledge test, provided the applicant holds an aeroplane, rotorcraft, powered-lift, or airship rating at that pilot licence level.

2.2.1.5   Type Rating

1.  

   (1)     To act as a PIC or co-pilot of any of the following aircraft, a pilot shall hold a type rating for that aircraft:

   1.  

      (a)     large aircraft (except lighter-than-air);

   1.  

      (b)     turbojet or turbofan powered aeroplanes;

   1.  

      (c)     other aircraft specified by the Authority through aircraft type certificate procedures.

1.  

   (2)     Except as specified in paragraph (f), a pilot seeking an aircraft type rating to be added on a pilot licence, or the addition of an aircraft type rating that is accomplished concurrently with an additional aircraft category or class rating—

   1.  

      (a)     shall hold or concurrently obtain an instrument rating that is appropriate to the aircraft category, class, or type rating sought;

   1.  

      (b)     shall have an endorsement in his or her logbook or training record from an authorised instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence for the aircraft category, class and type rating sought—

      1.  

         (i)     aeronautical knowledge areas,

      1.  

         (ii)     areas of operation;

   1.  

      (c)     shall pass the practical test applicable to the pilot licence for the aircraft category, class, and type rating sought;

   1.  

      (d)     except as provided for in paragraphs (5) and (6), shall perform the practical test under instrument flight rules;

   1.  

      (e)     need not take an additional knowledge test, provided the applicant holds an aeroplane, rotorcraft, powered-lift, or airship rating on their pilot licence; and

   1.  

      (f)     in the case of a pilot employee of an AOC holder, shall have—

      1.  

         (i)     met the appropriate requirements of paragraphs (a),(d) and (e) for the aircraft type rating sought, and

      1.  

         (ii)     received an endorsement in his or her flight training record from the certificate holder certifying that the applicant has completed the certificate holder's approved ground and flight training program appropriate to the aircraft type rating sought.

1.  

   (3)     An applicant for a type rating who provides an aircraft not capable of the instrument manoeuvres and procedures required by the appropriate requirements contained in 2.2.1.2 for the practical test may—

   1.  

      (a)     obtain a type rating limited to “VFR only”; and

   1.  

      (b)     remove the “VFR only” limitation for each aircraft type in which the applicant demonstrates compliance with the appropriate instrument requirements of these regulations.

1.  

   (4)     The Authority may issue to an applicant for a type rating a licence with the limitation “VFR only” for each aircraft type not equipped for the applicant to show instrument proficiency.

1.  

   (5)     An applicant for a type rating in a multiengine, single-pilot station aeroplane may meet the requirements of paragraph (2) in a multiseat version of that multiengine aeroplane.

1.  

   (6)     An applicant for a type rating in a single-engine, single-pilot station aeroplane may meet the requirements of paragraph (2) in a multiseat version of that single-engine aeroplane.

2.2.1.6   Category II and III Pilot Authorisation Requirements

1.  

   (1)     General. An applicant for a Category II or Category III pilot authorisation shall—

   1.  

      (a)     hold a pilot licence with an instrument rating or an airline transport pilot licence;

   1.  

      (b)     hold a category and class rating, and type rating, if applicable, for the aircraft for which the authorisation is sought; and

   1.  

      (c)     complete the practical test requirements.

1.  

   (2)     Experience requirements. An applicant for a Category II or Category III pilot authorisation shall have at least—

   1.  

      (a)     50 hours of night flight time as PIC;

   1.  

      (b)     75 hours of instrument time under actual or simulated instrument conditions that may include not more than:

      1.  

         (i)     a combination of 25 hours of simulated instrument flight time in an approved flight simulator or an approved flight training device, or

      1.  

         (ii)     40 hours of simulated instrument flight time if accomplished in an approved course conducted by an appropriately rated ATO certified under Part 3, Subpart 3.2;

   1.  

      (c)     250 hours of cross-country flight time as PIC.

1.  

   (3)     Upon passing a practical test for a Category II or III pilot authorisation, a pilot may renew that authorisation for each type of aircraft for which the pilot holds authorisation.

1.  

   (4)     If the holder of a Category II or Category III pilot authorization passes the practical test for a renewal after the aurhorisation expires, the Authority shall renew the authorisation from the date the applicant satisfactorily passed the practical test.

1.  

   (5)     If the holder of a Category II or Category III pilot authorisation passes the practical test for a renewal in the month before the authorisation expires, the Authority will consider that the holder passed it during the month the authorisation expired.

Implementing Standard: See IS: 2.2.1.6 for additional requirements concerning Category II and III pilot authorisations.

2.2.1.7   (Reserved)

2.2.2   Student Pilots

2.2.2.1   Applicability

1.  

   This Subpart prescribes the requirements for the issuance of student pilot licences, the conditions under which those licences are necessary, and the general operating rules and limitations for the holders of those licences.

2.2.2.2   Eligibility Requirements for Student Pilots

1.  

   To be eligible for a student pilot licence, an applicant shall—

   1.  

      (a)     be at least 17 years of age;

   1.  

      (b)     be able to read, speak, write, and understand the English language.

2.2.2.3   Application

1.  

   An applicant for a student pilot licence shall apply to the Authority in the prescribed manner.

2.2.2.4   Solo Requirements for Student Pilots

1.  

   (1)     General. A student pilot may not operate an aircraft in solo flight unless that student has met the requirements of this subsection.

1.  

   (2)     Aeronautical knowledge.

   1.  

      (a)     a student pilot shall satisfactorily pass an aeronautical knowledge test on the following subjects—

      1.  

         (i)     applicable sections of this Part and Part 8,

      1.  

         (ii)     airspace rules and procedures for the airport where the student will perform solo flight, and

      1.  

         (iii)     flight characteristics and operational limitations for the make and model of aircraft to be flown;

   1.  

      (b)     The student's authorised instructor shall—

      1.  

         (i)     administer the test, and

      1.  

         (ii)     at the conclusion of the test, review all incorrect answers with the student before authorising that student to conduct a solo flight.

1.  

   (3)     Pre solo flight training. Prior to conducting a solo flight, a student pilot shall have—

   1.  

      (a)     received and logged flight training for the manoeuvres and procedures of this subsection that are appropriate to the make and model of aircraft to be flown; and

   1.  

      (b)     demonstrated satisfactory proficiency and safety, as judged by an authorised instructor, on the manoeuvres and procedures required by this subsection in the make and model of aircraft or similar make and model of aircraft to be flown.

1.  

   (4)     Manoeuvres and procedures for pre-solo flight training. A student pilot shall receive and log flight training for required manoeuvres and procedures.

Implementing Standard: See IS: 2.2.2.4 for required manoeuvres and procedures for a student pilot.

2.2.2.5   General Limitations

1.  

   (1)     A student pilot may not act as PIC of an aircraft—

   1.  

      (a)     that is carrying a passenger;

   1.  

      (b)     that is carrying property for compensation or hire;

   1.  

      (c)     that is operated for compensation or hire;

   1.  

      (d)     in furtherance of a business;

   1.  

      (e)     on an international flight;

   1.  

      (f)     with a flight or surface visibility of less than 3 statute miles during daylight hours or 5 statute miles at night;

   1.  

      (g)     when the flight cannot be made with visual reference to the surface; or

   1.  

      (h)     in a manner contrary to any limitations placed in the pilot's logbook by an authorised instructor.

1.  

   (2)     A student pilot shall not act as a required pilot flight crew member on any aircraft for which more than one pilot is required by the aircraft type certificate, or by these regulations under which the flight is conducted, except when receiving flight training from an authorised instructor on board an airship, and no person other than a required flight crewmember is carried on the aircraft.

1.  

   (3)     A student pilot shall not operate an aircraft in solo flight unless that student pilot has received within the 90 days preceding the date of the flight, an endorsement from an authorised instructor for the specific make and model aircraft to be flown made—

   1.  

      (a)     on his or her student pilot licence; and

   1.  

      (b)     in the student's logbook.

1.  

   (4)     A student pilot shall not operate an aircraft in solo flight at night unless that student pilot has received—

   1.  

      (a)     flight training at night that includes takeoffs, approaches, landings and go-arounds at night at the airport where the student will conduct solo flight;

   1.  

      (b)     navigation training at night in the vicinity of the airport where the student pilot will conduct solo flight; and

   1.  

      (c)     an endorsement for night solo flight.

2.2.2.6   Solo Cross-Country Flight Requirements

(a)   General.

1.  

   (1)     Except as provided in paragraph (2) a student pilot shall meet the requirements of this paragraph before—

   1.  

      (i)     conducting a solo cross-country flight, or any flight greater than 25 nautical miles from the airport from where the flight originated; and

   1.  

      (ii)     making a solo flight and landing at any location other than the airport of origination.

   1.  

      (b)     Except as provided in paragraph (2), a student pilot who seeks solo cross-country flight privileges shall—

      1.  

         (i)     have received flight training from an authorised instructor on the manoeuvres and procedures of this subsection that are appropriate to the make and model of aircraft for which solo cross-country privileges are sought;

      1.  

         (ii)     have demonstrated cross-country proficiency on the appropriate manoeuvres and procedures of this subsection to an authorised instructor;

      1.  

         (iii)     have satisfactorily accomplished the pre-solo flight manoeuvres and procedures required by IS: 2.2.2.6 in the make and model of aircraft or similar make and model of aircraft for which solo cross-country privileges are sought; and

      1.  

         (iv)     comply with any limitations included in the instructor's endorsement that are required by paragraph (3).

   1.  

      (c)     A student pilot who seeks solo cross-country flight privileges shall have received ground and flight training from an authorised instructor on the cross-country manoeuvres and procedures listed in this subsection that are appropriate to the aircraft to be flown.

1.  

   (2)     Authorisation to perform certain solo flights and cross-country flights. A student pilot shall obtain an endorsement from an authorized instructor to make solo flights, subject to the following conditions—

   1.  

      (a)     a student pilot may make solo flights to another airport that is within 25 nautical miles from the airport where the student pilot normally receives training, provided—

      1.  

         (i)     the authorised instructor who makes the endorsement gave the student pilot flight training at the other airport, and that training included flight in both directions over the route, entering and exiting the traffic pattern, and takeoffs and landings at the other airport,

      1.  

         (ii)     the student pilot has a current solo flight endorsement in accordance with 2.2.2.4,

      1.  

         (iii)     the instructor has determined that the student pilot is proficient to make the flight, and

      1.  

         (iv)     the purpose of the flight is to practise takeoffs and landings at that other airport;

   1.  

      (b)     a student pilot may make repeated specific solo cross-country flights to another airport that is within 50 nautical miles of the airport from which the flight originated, provided—

      1.  

         (i)     the authorised instructor who gave the endorsement gave the student flight training in both directions over the route, including entering and exiting the traffic patterns, takeoffs, and landings at the airport to be used,

      1.  

         (ii)     the student has current solo flight endorsements in accordance with 2.2.2.4, and

      1.  

         (iii)     the student has a current solo cross-country flight endorsement in accordance with paragraph (3), except that separate endorsements are not required for each flight made under this paragraph.

1.  

   (3)     Endorsements for solo cross-country flights. Except as specified in paragraph (2)(ii), a student pilot shall have the endorsements prescribed in this paragraph for each make and model aircraft the student will fly on each cross-country flight—

   1.  

      (a)     student pilot licence endorsement:

      1.  

              a student pilot shall have a solo cross-country endorsement placed on the student pilot licence by the authorised instructor who conducted the training;

   1.  

      (b)     logbook endorsement:

      1.  

         (i)     a student pilot shall have a solo cross-country endorsement placed in the student pilot's logbook by the authorized instructor who conducted the training,

      1.  

         (ii)     a licenced pilot who is receiving training for an additional aircraft category and class rating shall have an endorsement placed in the pilot's logbook by the authorised instructor who conducted the training.

1.  

   (4)     Manoeuvres and procedures for cross-country flight training. A student pilot who is receiving training for cross-country flight shall receive and log flight training in the required manoeuvres and procedures.

Implementing Standard: See IS: 2.2.2.6 for list of required manoeuvres and procedures.

2.2.3   Private Pilots

2.2.3.1   Applicability

1.  

   This subsection prescribes the requirements for the issuance of private pilot licences and ratings, and the conditions under which those licences and ratings are necessary.

2.2.3.2   Eligibility Requirements: General

1.  

   To be eligible for a private pilot licence, a person shall—

   1.  

      (a)     be at least 17 years of age;

   1.  

      (b)     be able to read, speak, write, and understand the English language;

   1.  

      (c)     receive a logbook endorsement for the knowledge test from an authorised instructor who—

      1.  

         (i)     conducted the training or reviewed the person's home study on the aeronautical knowledge areas listed in 2.2.3.3 that apply to the aircraft rating sought, and

      1.  

         (ii)     certified that the person is prepared for the required knowledge test;

   1.  

      (d)     pass the required knowledge test on the aeronautical knowledge areas listed in 2.2.3.3;

   1.  

      (e)     receive flight training and a logbook endorsement from an authorised instructor who—

      1.  

         (i)     conducted the training in the areas of operation listed in 2.2.3.4(a) that apply to the aircraft rating sought, and

      1.  

         (ii)     certified that the person is prepared for the required practical test;

   1.  

      (e)     meet the aeronautical experience requirements of this Subpart that apply to the aircraft rating sought before applying for the practical test;

   1.  

      (f)     pass a practical test on the areas of operation listed in 2.2.3.4(a) that apply to the aircraft rating sought;

   1.  

      (g)     comply with the appropriate sections of Subpart 2.2 that apply to the aircraft category and class rating sought.

2.2.3.3   Aeronautical Knowledge

1.  

   An applicant for a private pilot licence shall receive and log ground training from an authorised instructor or complete a home-study course on the required aeronautical knowledge areas shown in IS: 2.2.3.3.

2.2.3.4   Flight Proficiency

1.  

   An applicant for a private pilot licence shall receive and log flight training from an authorised instructor and shall receive and log ground training from an authorised instructor or complete a home-study course on the following areas of operation—

   1.  

      (a)     for all categories, class and type ratings, as applicable—

      1.  

         (i)     preflight preparation,

      1.  

         (ii)     preflight procedures,

      1.  

         (iii)     airport and seaplane base operations,

      1.  

         (iv)     takeoffs, landings, and go arounds,

      1.  

         (v)     performance manoeuvres,

      1.  

         (vi)     ground reference manoeuvres,

      1.  

         (vi)     navigation,

      1.  

         (vii)     slow flight and stalls,

      1.  

         (vii)     basic instrument manoeuvres,

      1.  

         (ix)     emergency operations,

      1.  

         (x)     night operations, and

      1.  

         (xi)     postflight procedures;

   1.  

      (b)     for the category and class ratings shown below, the applicable areas of operation shown in paragraph (a) and—

      1.  

         (i)     aeroplane category rating with a multiengine class rating—

         1.  

            1.     multiengine operations,

      1.  

         (ii)     rotorcraft category rating with a helicopter class rating—

         1.  

            1.     airport and heliport operations; and

         1.  

            2.     hovering manoeuvres,

      1.  

         (iii)     rotorcraft category rating with a gyroplane class rating—

         1.  

            1.     flight at slow airspeeds,

      1.  

         (iv)     powered-lift category rating—

         1.  

            1.     airport and heliport operations; and

         1.  

            2.     hovering manoeuvres,

      1.  

         (v)     glider category rating—

         1.  

            1.     airport and gliderport operations;

         1.  

            2.     launches and landings;

         1.  

            3.     performance speeds; and

         1.  

            4.     soaring techniques,

      1.  

         (vi)     lighter-than-air category rating with a balloon class rating—

         1.  

            1.     launches and landings.

2.2.3.5   Aeronautical Experience

1.  

   (1)     An applicant for a private pilot licence with an aeroplane, rotorcraft, or powered-lift category rating shall receive and log one of the following minimum flight training times—

   1.  

      (a)     at least 40 hours of flight time that includes at least 20 hours of flight training from an authorised instructor; and

   1.  

      (b)     10 hours of solo flight training in the areas of operation listed in 2.2.3.4.

1.  

   Implementing Standard: See IS: 2.2.3.5 for minimum aeronautical training requirement.

1.  

   (2)     Except when fewer hours are approved by the Authority, an applicant who has satisfactorily completed a private pilot course conducted by an ATO certified under Part 3, Subpart 3.2 need have only a total of 35 hours of aeronautical experience.

1.  

   (3)     When the applicant has flight time as a pilot of an aircraft in other categories, the Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of paragraph (1) may be reduced.

1.  

   (4)     An applicant for a private pilot licence may credit one of the following in an approved flight simulator or an approved flight training device representing the category, class, and type, if applicable, of aircraft appropriate to the rating sought—

   1.  

      (a)     a maximum of 2.5 hours of training, if received from an authorised instructor other than an ATO; or

   1.  

      (b)     a maximum of 5 hours of training if the training is accomplished in a course conducted by an ATO certified under Part 3, Subpart 3.2.

2.2.3.6   Cross-Country Flights: Pilots Based on Small Islands

1.  

   (1)     Except as provided in paragraph (2), an applicant located on an island from which the cross-country flight training required in 2.2.2.6 cannot be accomplished without flying over water for more than 10 nautical miles from the nearest shoreline need not comply with the requirements of that section.

1.  

   (2)     If other airports that permit civil operations are available to which a flight may be made without flying over water for more than 10 nautical miles from the nearest shoreline, the applicant shall show completion of 2 round trip solo flights between those 2 airports that are farthest apart, including a landing at each airport on both flights.

1.  

   (3)     The Authority shall issue to an applicant who complies with paragraph (1) or (2), and meets all requirements for the issuance of a private pilot licence, except the cross-country training requirements of 2.2.2.6 of this Subpart, a pilot licence with a prohibition on flights more than 10 nautical miles from (the appropriate endorsement containing the following limitation, “Passenger carrying island).”

The Authority may subsequently amend the limitation to include another island if the applicant complies with the requirements of paragraph (1) or paragraph (2) for another island.

1.  

   (4)     Upon meeting the cross-country training requirements of 2.2.2.6, an applicant may have the limitation in paragraph (3) removed.

2.2.3.7   Private Pilot Privileges and Limitations: Required Crew member

1.  

   (1)     Except as provided in paragraphs (2) through (6) , a private pilot shall not act as a required crew member of an aircraft—

   1.  

      (a)     carrying passengers or property for compensation or hire; or

   1.  

      (b)     operated for compensation or hire.

1.  

   (2)     A private pilot may, for compensation or hire, act as a required crew member of an aircraft in connection with any business or employment if—

   1.  

      (a)     the flight is only incidental to that business or employment; and

   1.  

      (b)     the aircraft does not carry passengers or property for compensation or hire.

1.  

   (3)     A private pilot may act as a required crew member of an aircraft used in a passenger carrying airlift sponsored by a charitable organisation described in paragraph (g), and for which the passengers make a donation to the organisation, when the following requirements are met—

   1.  

      (a)     the sponsor of the airlift notifies the office of the Authority with jurisdiction over the area concerned at least 7 days before the event and furnishes—

      1.  

         (i)     a signed letter from the sponsor that shows the name of the sponsor, the purpose of the charitable event, the date and time of the event, and the location of the event, and

      1.  

         (ii)     a photocopy of each required crewmember's pilot licence, medical certificate, and logbook entries that show the pilot is current and has logged at least 200 hours of flight time;

   1.  

      (b)     the flight is conducted from a public airport that is adequate for the aircraft to be used, or from another airport that has been approved by the Authority for the operation;

   1.  

      (c)     no aerobatic or formation flights are conducted;

   1.  

      (d)     an aircraft used for the charitable event holds a standard airworthiness certificate;

   1.  

      (e)     an aircraft used for the charitable event is airworthy and complies with the applicable requirements of Part 8;

   1.  

      (f)     a flight for the charitable event is made during day VFR conditions; and

   1.  

      (g)     the charitable organisation is an organisation identified as such by the appropriate authority of the government.

1.  

   (4)     A private pilot may be reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of—

   1.  

      (a)     a relevant Government agency; or

   1.  

      (b)     an organisation that conducts search and location operations.

1.  

   (5)     A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer.

1.  

   (6)     A private pilot shall not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.

1.  

   (7)     Except as provided in paragraphs (2) through (6), a private pilot shall not, for compensation or hire, act as SIC of an aircraft that is type certified for more than one pilot.

2.2.3.8   Private Pilot with Balloon Rating: Limitations

1.  

   (1)     If an applicant for a private pilot licence with a balloon rating takes a practical test in a balloon with an airborne heater—

   1.  

      (a)     the Authority shall place upon the pilot licence a limitation restricting the exercise of the privileges of that licence to a balloon with an airborne heater; and

   1.  

      (b)     the pilot may remove the limitation by obtaining the required aeronautical experience in a gas balloon and receiving a logbook endorsement from an authorised instructor who attests to the person's accomplishment of the required aeronautical experience and ability to satisfactorily operate a gas balloon.

1.  

   (2)     If an applicant for a private pilot licence with a balloon rating takes a practical test in a gas balloon—

   1.  

      (a)     the Authority shall place upon the pilot licence a limitation restricting the exercise of the privilege of that licence to a gas balloon; and

   1.  

      (b)     the pilot may remove the limitation by obtaining the required aeronautical experience in a balloon with an airborne heater and receiving a logbook endorsement from an authorised instructor who attests to the pilot's accomplishment of the required aeronautical experience and ability to satisfactorily operate a balloon with an airborne heater.

2.2.4   Commercial Pilots

2.2.4.1   Applicability

1.  

   This subsection prescribes the requirements for the issuance of commercial pilot licences and ratings, and the conditions under which those licences and ratings are necessary.

2.2.4.2   Eligibility requirements: General

1.  

   To be eligible for a commercial pilot licence, a person shall—

   1.  

      (a)     be at least 18 years of age;

   1.  

      (b)     be able to read, speak, write, and understand the English language;

   1.  

      (c)     receive a logbook endorsement from an authorised instructor who—

      1.  

         (i)     conducted the required ground training or reviewed the person's home study on the aeronautical knowledge areas listed in IS:2.2.4.3 that apply to the aircraft category and class rating sought, and

      1.  

         (ii)     certified that the person is prepared for the required knowledge test that applies to the aircraft category and class rating sought;

   1.  

      (d)     pass the required knowledge test on the aeronautical knowledge areas listed in IS: 2.2.4.3;

   1.  

      (e)     receive the required training and a logbook endorsement from an authorised instructor who—

      1.  

         (i)     conducted the training on the areas of operation listed in IS:2.2.4.3 that apply to the aircraft category and class rating sought, and

      1.  

         (ii)     certified that the person is prepared for the required practical test;

   1.  

      (f)     meet the aeronautical experience requirements of this Subpart that apply to the aircraft category and class rating sought before applying for the practical test;

   1.  

      (g)     pass the required practical test on the areas of operation listed in IS: 2.2.4.4 that apply to the aircraft category and class rating sought;

   1.  

      (h)     hold a private pilot licence issued under this Subpart; and

   1.  

      (i)     comply with all sections of this Subpart that apply to the aircraft category and class rating sought.

2.2.4.3   Commercial Pilot: Aeronautical Knowledge Requirements

1.  

   An applicant for a commercial pilot licence shall receive and log ground training from an authorised instructor, or complete a home-study course on the required aeronautical knowledge areas shown in IS: 2.2.4.3.

1.  

   Implementing Standard: See IS: 2.2.4.3 for specific aeronautical knowledge area requirements.

2.2.4.4   Commercial Pilot: Flight Proficiency Requirements

1.  

   An applicant for a commercial pilot licence shall complete a home study course or receive and log ground training from an authorised instructor and shall receive and log flight training from an authorised instructor on the areas of operation of this subsection that apply to the aircraft category, class and type rating sought.

1.  

   Implementing Standard: See IS: 2.2.4.4 for detailed requirements concerning training for aircraft category and class ratings sought.

2.2.4.5   Commercial Pilot: Aeronautical experience

1.  

   (1)     An applicant for a commercial pilot licence shall obtain the required 250 flight hours of aeronautical experience set forth in IS: 2.2.4.5 except when fewer hours are approved by the Authority, an applicant who has satisfactorily completed a commercial pilot course conducted by an ATO certified under Part 3, Subpart 3.2 need have only the following total aeronautical experience to meet the aeronautical experience requirements of this subsection:

   1.  

      (a)     190 hours for an aeroplane or powered-lift rating;

   1.  

      (b)     150 hours for a helicopter rating.

1.  

   (2)     An applicant for a commercial pilot licence may credit one of the maximum times for training in an approved flight simulator or approved flight training device representing the applicable category, class, and type of aircraft appropriate to the rating sought—

   1.  

      (a)     50 hours for an aeroplane or powered-lift rating;

   1.  

      (b)     25 hours for a helicopter rating;

   1.  

      (c)     100 hours for an aeroplane or powered lift rating in a course conducted by an ATO certified under Part 3, Subpart 3.2; or

   1.  

      (d)     50 hours for a helicopter rating in a course conducted by an ATO certified under Part 3, Subpart 3.2.

Implementing Standard: See IS: 2.2.4.5 for specific required aeronautical experience.

2.2.4.6   Commercial Pilot Privileges and Limitations

1.  

   (1)     Privileges:

   1.  

      (a)     General. A commercial pilot licence holder may act as PIC or co-pilot of an aircraft for compensation or hire, including the carriage of persons or property for compensation or hire, provided the pilot is qualified in accordance with the applicable parts of these regulations;

   1.  

      (b)     a commercial pilot with a lighter than air category ratings may—

      1.  

         (i)     for an airship—

         1.  

            1.     give flight and ground training in an airship for the issuance of a licence or rating;

         1.  

            2.     endorse a pilot licence for an airship; and

         1.  

            3.     act as PIC or co-pilot of an airship under IFR,

      1.  

         (ii)     for a balloon—

         1.  

            1.     give flight and ground training in a balloon for the issuance of a licence or rating; and

         1.  

            2.     endorse a pilot licence for a balloon.

1.  

   (2)     Limitations:

   1.  

      (a)     the Authority shall issue to an applicant for a commercial pilot licence with an aeroplane category or powered-lift category rating who does not hold an instrument rating in the same category and class, a commercial pilot licence that contains the limitation, “The carriage of passengers for hire in (aeroplanes) (poweredlifts) on cross-country flights in excess of 50 nautical miles or at night is prohibited.”

   1.  

      (b)     a pilot may remove the limitation specified in paragraph (a) by satisfactorily accomplishing the requirements listed in 2.2.1.2 for an instrument rating in the same category and class of aircraft that has the limitation;

   1.  

      (c)     if an applicant for a commercial pilot licence with a balloon rating takes a practical test in a balloon with an airborne heater—

      1.  

         (i)     the Authority shall place upon the pilot licence a limitation restricting the exercise of the privileges of that licence to a balloon with an airborne heater,

      1.  

         (ii)     the pilot may remove the limitation specified in paragraph (i) by obtaining the required aeronautical experience in a gas balloon and receiving a logbook endorsement from an authorised instructor who attests to the pilot's accomplishment of the required aeronautical experience and ability to satisfactorily operate a gas balloon;

   1.  

      (d)     if an applicant for a commercial pilot licence with a balloon rating takes a practical test in a gas balloon—

      1.  

         (i)     the Authority shall place upon the pilot licence a limitation restricting the exercise of the privileges of that licence to a gas balloon, and

      1.  

         (ii)     the pilot may remove the limitation specified in paragraph (i) by obtaining the required aeronautical experience in a balloon with an airborne heater and receiving a logbook endorsement from an authorised instructor who attests to the person's accomplishment of the required aeronautical experience and ability to satisfactorily operate a balloon with an airborne heater.

2.2.4.7   Additional Aircraft Category, Class, and Type Ratings

1.  

   (1)     An applicant for a commercial pilot licence with a category rating who holds a commercial pilot licence with another aircraft category rating shall—

   1.  

      (a)     meet the applicable eligibility requirements;

   1.  

      (b)     pass a knowledge test on the applicable aeronautical knowledge areas;

   1.  

      (c)     meet the applicable aeronautical experience requirements; and

   1.  

      (d)     pass the practical test on the areas of operation.

1.  

   (2)     Aircraft type rating. An applicant for an aircraft type rating to an commercial pilot licence is not required to pass a knowledge test if that pilot's commercial pilot licence lists the aircraft category and class rating that is appropriate to the type rating sought.

2.2.5   Airline Transport Pilots

2.2.5.1   Applicability

1.  

   This Subpart prescribes the requirements for the issuance of airline transport pilot licences and ratings, and the conditions under which those licences and ratings are necessary.

2.2.5.2   Eligibility Requirements: General

1.  

   To be eligible for an airline transport pilot licence, a person shall—

   1.  

      (a)     be at least 21 years of age;

   1.  

      (b)     be able to read, speak, write, and understand the English language;

   1.  

      (c)     meet at least one of the following requirements—

      1.  

         (i)     hold a valid and current commercial pilot licence and an instrument rating, or

      1.  

         (ii)     hold either a foreign airline transport pilot or foreign commercial pilot licence and an instrument rating issued by another Contracting State;

   1.  

      (d)     meet the aeronautical applicable experience requirements of this Subpart before applying for the practical test;

   1.  

      (e)     pass a knowledge test on the applicable aeronautical knowledge areas of IS: 2.2.5.3 that apply to the aircraft category and class rating sought;

   1.  

      (f)     pass the practical test on the applicable areas of operation listed in 2.2.5.4 that apply to the aircraft category and class rating sought.

2.2.5.3   Aeronautical Knowledge

1.  

   (1)     General. The Authority will administer a knowledge test for an airline transport pilot licence based on the aeronautical knowledge areas appropriate to the aircraft category and class rating sought.

1.  

   (2)     An applicant for an air transport licence shall receive and log ground training from an authorised instructor, or complete a home-study course on the required aeronautical knowledge areas shown in IS: 2.2.5.3.

2.2.5.4   Flight Proficiency

1.  

   An applicant for an airline transport pilot licence shall complete a home study course or receive and log ground training from an authorised instructor and shall receive and log flight training from an authorised instructor on the areas of operation of this subsection that apply to the aircraft category, class and type rating sought.

1.  

   Implementing Standard: See IS: 2.2.5.4 for detailed requirements concerning training for aircraft category and class ratings sought.

2.2.5.5   Aeronautical Experience: Aeroplane Category Rating

1.  

   (1)     Except as provided in paragraphs (2), (3), and (4) of this subsection, an applicant for an airline transport pilot licence with an aeroplane category and class rating shall have at least 1,500 hours of total time as a pilot that includes at least—

   1.  

      (a)     500 hours of cross-country flight time;

   1.  

      (b)     100 hours of night flight time;

   1.  

      (c)     75 hours of instrument flight time, in actual or simulated instrument conditions;

   1.  

      (d)     not more than one of the following in an approved flight simulator or approved flight training device representing an aeroplane—

      1.  

         (i)     25 hours of simulated instrument time,

      1.  

         (ii)     50 hours of simulated instrument time if the training was accomplished in a course conducted by an ATO certified under Part 3, Subpart 3.2;

   1.  

      (e)     100 hours of aeronautical experience requirements in an approved course conducted by an ATO certified under Part 3, Subpart 3.2; and

   1.  

      (f)     250 hours of flight time in an aeroplane as a PIC, or as SIC performing the duties and functions of a PIC while under the supervision of a PIC or any combination thereof, which includes at least—

      1.  

         (i)     100 hours of cross country flight time, and

      1.  

         (ii)     25 hours of night flight time.

1.  

   (2)     A pilot who has performed at least 20 night takeoffs and landings to a full stop may substitute each additional night takeoff and landing to a full stop for one hour of night flight time to satisfy the requirements of paragraph (1)(b), not to exceed 25 hours of night flight time.

1.  

   (3)     A commercial pilot applicant may credit the following SIC flight time or flight–engineer flight time toward the 1,500 hours of total time as a pilot required by paragraph (1)—

   1.  

      (a)     SIC time acquired in an aeroplane—

      1.  

         (i)     required to have more than one pilot by the aeroplane's flight manual or type certificate, or

      1.  

         (ii)     engaged in operations under Part 9 for which a SIC is required;

   1.  

      (b)     flight-engineer time acquired—

      1.  

         (i)     in an aeroplane required to have a flight engineer by the aeroplane's flight manual or type certificate,

      1.  

         (ii)     while engaged in operations under Part 9 for which a flight engineer is required,

      1.  

         (iii)     while the pilot is participating in a pilot training program approved under Part 9, and

      1.  

         (iv)     that does not exceed one hour for each 3 hours of flight engineer flight time for a total credited time of no more than 500 hours.

2.2.5.6   Aeronautical Experience: Rotorcraft Category and Helicopter Class Rating

1.  

   An applicant for an airline transport pilot licence with a rotorcraft category and helicopter class rating, shall have at least 1,500 hours of total time as a pilot that includes at least—

   1.  

      (a)     500 hours of cross-country flight time;

   1.  

      (b)     100 hours of night flight time, of which 15 hours are in helicopters;

   1.  

      (c)     200 hours of flight time in helicopters, which includes at least 75 hours as a PIC, or as SIC performing the duties and functions of a PIC under the supervision of a PIC, or any combination thereof;

   1.  

      (d)     75 hours of instrument flight time in actual or simulated instrument meteorological conditions, of which at least 50 hours are obtained in flight with at least 25 hours in helicopters as a PIC, or as SIC performing the duties and functions of a PIC under the supervision of a PIC, or any combination thereof;

   1.  

      (e)     not more than one of the following in an approved flight simulator or approved flight training device representing a rotorcraft—

      1.  

         (i)     25 hours of simulated instrument time,

      1.  

         (ii)     50 hours of simulated instrument time if the training was accomplished in a course conducted by an ATO certified under Part 3, Subpart 3.2.

2.2.5.7   Aeronautical Experience: Powered-Lift Flight Time

1.  

   (1)     An applicant for an airline transport pilot licence with a powered lift category rating shall have at least 1,500 hours of total time as a pilot that includes at least—

   1.  

      (a)     500 hours of cross-country flight time;

   1.  

      (b)     100 hours of night flight time;

   1.  

      (c)     250 hours in a powered-lift as a PIC, or as a SIC performing the duties and functions of a PIC under the supervision of a PIC, or any combination thereof, which includes at least—

      1.  

         (i)     100 hours of cross-country flight time, and

      1.  

         (ii)     25 hours of night flight time;

   1.  

      (d)     75 hours of instrument flight time in actual or simulated instrument conditions;

   1.  

      (e)     not more than one of the following in an approved flight simulator or approved flight training device representing a powered-lift—

      1.  

         (i)     25 hours of simulated instrument time,

      1.  

         (ii)     50 hours of simulated instrument time if the training was accomplished in a course conducted by an ATO certified under Part 3, Subpart 3.2.

1.  

   (2)     100 hours of aeronautical experience in an approved course conducted by an ATO certified under Part 3, Subpart 3.2.

2.2.5.8   Additional Aircraft Category, Class, and Type Ratings

1.  

   (1)     An applicant for an airline transport licence with a category rating who holds an airline transport pilot licence with another aircraft category rating shall—

   1.  

      (a)     meet the applicable eligibility requirements;

   1.  

      (b)     pass a knowledge test on the applicable aeronautical knowledge areas;

   1.  

      (c)     meet the applicable aeronautical experience requirements; and

   1.  

      (d)     pass the practical test on the areas of operation.

1.  

   (2)     Aircraft type rating. An applicant for an aircraft type rating to an airline transport pilot licence shall not be required to pass a knowledge test if that pilot's airline transport pilot licence lists the aircraft category and class rating that is appropriate to the type rating sought.

2.2.5.9   Airline Transport Pilot Privileges

1.  

   (1)     The Authority extends to the holder of an airline transport pilot licence the same privileges as those extended to a holder of a commercial pilot licence with an instrument rating and the privilege to act as PIC and SIC in aircraft in commercial air transportation.

1.  

   (2)     An airline transport pilot may instruct—

   1.  

      (a)     other pilots in air transportation service in aircraft of the category, class, and type, as applicable, for which the airline transport pilot is rated, and in simulation of those aircraft, and endorse the logbook or other training record of the person to whom training has been given;

   1.  

      (b)     only as provided in this subsection, unless the airline transport pilot also holds a flight instructor licence, in which case the holder may exercise the instructor privileges of this Part for which he or she is rated;

   1.  

      (c)     excluding briefings and debriefings, an airline transport pilot shall not instruct in aircraft, approved flight simulators, and approved flight training devices under this subsection—

      1.  

         (i)     for more than 8 hours in any 24-consecutive-hour period, or

      1.  

         (ii)     for more than 36 hours in any 7-consecutive-day period;

   1.  

      (d)     an airline transport pilot shall not instruct in Category II or Category III operations unless he or she has been trained and successfully tested under Category II or Category III operations, as applicable.

2.2.6   Flight Instructors

2.2.6.1   Applicability

1.  

   This Subpart prescribes the requirements for the issuance of flight instructor ratings, the conditions under which those ratings are necessary, and the limitations on those ratings.

2.2.6.2   Eligibility Requirements

1.  

   To be eligible for a flight instructor rating a person shall—

   1.  

      (a)     be at least 18 years of age;

   1.  

      (b)     be able to read, speak, write, and understand the English language;

   1.  

      (c)     hold either a commercial pilot licence or airline transport pilot licence with—

      1.  

         (i)     an aircraft category, class and rating that is appropriate to the flight instructor rating sought, and

      1.  

         (ii)     an instrument rating, if the person holds a commercial pilot licence and is applying for a flight instructor rating with—

         1.  

            1.     an aeroplane category and single-engine class rating;

         1.  

            2.     an aeroplane category and multiengine class rating;

         1.  

            3.     a powered lift rating; or

         1.  

            4.     an instrument rating;

   1.  

      (d)     receive a logbook endorsement from an authorised instructor on the fundamentals of instructing listed in 2.2.6.3 appropriate to the required knowledge test;

   1.  

      (e)     pass a knowledge test on the areas listed in 2.2.6.3, (f) receive a logbook endorsement from an authorised instructor on the areas of operation listed in 2.2.6.4, appropriate to the flight instructor rating sought;

   1.  

      (g)     pass the required practical test that is appropriate to the flight instructor rating sought in an—

      1.  

         (i)     aircraft that is representative of the category, class and type of aircraft for the aircraft rating sought, or

      1.  

         (ii)     approved flight simulator or approved flight training device that is representative of the category, class and type of aircraft for the rating sought, and used in accordance with an approved course at an ATO certified under Part 3, Subpart 3.2;

   1.  

      (h)     accomplish the following for a flight instructor rating with an aeroplane or a glider rating;

      1.  

         (i)     receive a logbook endorsement from an authorised instructor indicating that the applicant is competent and possesses instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures after receiving flight training in those training areas in an aeroplane or glider, as appropriate, that is certified for spins;

      1.  

         (ii)     demonstrate instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures;

   1.  

      (i)     an examiner may accept the endorsement specified in paragraph (h)(i) of this subsection as satisfactory evidence of instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures for the practical test, provided that the practical test is not a retest as a result of the applicant failing the previous test for deficiencies in those knowledge or skill areas;

   1.  

      (j)     if a retest is the result of deficiencies in the ability of an applicant to demonstrate the requisite knowledge or skill, the applicant shall demonstrate the knowledge and skill to an examiner in an aeroplane or glider, as appropriate, that is certified for spins;

   1.  

      (k)     log at least 15 hours as PIC in the category, class and type of aircraft that is appropriate to the flight instructor rating sought; and

   1.  

      (l)     comply with the appropriate sections that apply to the flight instructor rating sought.

2.2.6.3   Aeronautical Knowledge

1.  

   An applicant for a flight instructor rating shall receive and log ground training from an authorised instructor on the fundamentals of instructing, including—

   1.  

      (a)     the learning process;

   1.  

      (b)     elements of effective teaching;

   1.  

      (c)     student evaluation and testing;

   1.  

      (d)     course development;

   1.  

      (e)     lesson planning; and

   1.  

      (f)     classroom training techniques;

   1.  

      (g)     the aeronautical knowledge areas for a private and commercial pilot licence applicable to the aircraft category for which flight instructor privileges are sought; and

   1.  

      (h)     the aeronautical knowledge areas for the instrument rating applicable to the category for which instrument flight instructor privileges are sought.

2.2.6.4   Flight Instructor: Areas of Operation for Flight Proficiency

1.  

   (1)     An applicant for a flight instructor rating shall receive and log flight and ground training, and an endorsement from an authorized instructor, that the person is proficient to pass a practical test for the flight instructor rating sought.

1.  

   (2)     An applicant may accomplish the flight training required by this subsection—

   1.  

      (a)     in an aircraft that is representative of the category and class of aircraft for the rating sought; or

   1.  

      (b)     in a flight simulator or flight training device representative of the category and class of aircraft for the rating sought, and used in accordance with an approved course at an ATO certified under Part 3, Subpart 3.2.

Implementing Standard: See IS: 2.2.6 4 for a list of areas of operation that apply to the practical test for a flight instructor rating.

2.2.6.5   Flight Instructor Records

1.  

   A flight instructor shall—

   1.  

      (a)     sign the logbook of each person to whom that instructor has given flight training or ground training;

   1.  

      (b)     maintain a record in a logbook or a separate document that contains the following—

      1.  

         (i)     the name of each person whose logbook or student pilot licence that instructor has endorsed for solo flight privileges, and the date of the endorsement, and

      1.  

         (ii)     the name of each person that instructor has endorsed for a knowledge test or practical test, and a record of the kind of test, the date, and the results; and

   1.  

      (c)     retain the records required by this subsection for at least 3 years.

2.2.6.6   Additional Flight Instructor Endorsements

1.  

   (1)     An applicant for an additional flight instructor endorsement shall meet the eligibility requirements listed in 2.2.6.2 that apply to the flight instructor endorsement sought.

1.  

   (2)     An applicant for an additional endorsement is not required to pass the knowledge test on the areas listed in 2.2.6.3.

2.2.6.7   Flight Instructor Privileges

1.  

   A flight instructor is authorised within the limitations of that person's flight instructor rating, and pilot licenceto give training and endorsements that are required for, and relate to—

   1.  

      (a)     a student pilot licence;

   1.  

      (b)     a pilot licence;

   1.  

      (c)     a flight instructor licence;

   1.  

      (d)     a ground instructor licence;

   1.  

      (e)     an aircraft rating;

   1.  

      (f)     an instrument rating;

   1.  

      (g)     a flight review, operating privilege, or recency of experience requirement;

   1.  

      (h)     a practical test; and

   1.  

      (i)     a knowledge test.

2.2.6.8   Flight Instructor Limitations and Qualifications

1.  

   The holder of a flight instructor rating shall observe the limitations and qualifications applicable to flight instructors.

1.  

   Implementing Standard: See IS: 2.2.6 8 for detailed list of flight instructor limitations and qualifications.

2.2.6.9   Renewal of Flight Instructor Ratings

1.  

   (1)     A flight instructor rating that has not expired may be renewed for an additional 24 calendar months if the holder—

   1.  

      (a)     passes a practical test for—

      1.  

         (i)     renewal of the flight instructor rating, or

      1.  

         (ii)     an additional flight instructor rating; or

   1.  

      (b)     presents to an Authority inspector—

      1.  

         (i)     a record of training students that shows during the preceding 24 calendar months the flight instructor has endorsed at least 5 students for a practical test for a licence or rating, and at least 80 percent of those students passed that test on the first attempt;

      1.  

         (ii)     a record that shows that within the preceding 24 calendar months, service as a company check pilot, chief flight instructor, company check airman, or flight instructor in a Part 9 operation, or in a position involving the regular evaluation of pilots; or

      1.  

         (iii)     a graduation certificate showing that the pilot has successfully completed an approved flight instructor refresher course consisting of ground training or flight training, or both, within the 90 days preceding the expiration month of his or her flight instructor licence.