LEASE AND INTERCHANGE LEASE AND INTERCHANGE Normally responsibility
LEASE AND INTERCHANGE
LEASE AND INTERCHANGE • Normally, responsibility with State of Registry • Leasing from another State - agreement required • Which regulations apply and responsibility for Oversight • Which operator responsible for operational control • Amendment to Operations Specifications
RESPONSIBILITIES - STATE OF REGISTRY CHICAGO CONVENTION • Article 12 - Rules of the Air • Articles 17, 18, 19, 20 - Nationality of Aircraft • Article 30 - Aircraft Radio Equipment • Article 31 - Certificate of Airworthiness • Article 32 - Licences of Personnel • Article 83 bis - allows transfer
RESPONSIBILITIES ANNEX 6 • Operations 4. 2 Operational Certification and Supervision – 4. 2. 1. 3 The issue of an air operator certificate or equivalent document by the State of the Operator shall be dependent upon the operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme and maintenance arrangements consistent with the nature and extent of the operations specified – 4. 2. 1. 6 The State of the Operator shall establish a system for both the certification and the continued surveillance of the operator to ensure that the required standards of operations established in 4. 2 are maintained.
RESPONSIBILITIES ANNEX 6 (contd) • Maintenance When the State of the Operator is not the same as the State of Registry, it may be necessary to consider any additional requirements
PROCEDURES FOR LEASES • Lease types - Wet/Blurred/Dry • Operator to provide: – Aircraft type and serial number – Name and address of owner – State of Registration and registration marks – Certificate of Airworthiness – Airworthiness status of aircraft – Name and address of lessee or person responsible for operational control – Statement re: understanding of operational control responsibilities contd
PROCEDURES FOR LEASES – Copy of lease agreement – Duration of lease – Inspector determines responsibility for the following: • Flight crew certification/training • Airworthiness of aircraft and maintenance • Dispatch or flight following • Scheduling crew members • Signing maintenance release
LEGAL COMPLEXITIES • Wet Lease normally lessor - operational control • Dry Lease normally lessee - operational control • Sometimes not clear - Mixed crews • Written agreement required to clearly define each States’ responsibility
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