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In this subpart:

109.1 Purpose

(a) This Part prescribes rules governing the certification and operation of an organisation providing the services of a regulated air cargo agent for cargo or mail that is required to be accompanied by a declaration of security for carriage by air on an aircraft carrying passengers.

(b) In this Part, any requirement relating to cargo or mail for carriage by air only relates to cargo or mail that is intended for carriage by air on an aircraft conducting an international regular air transport passenger service.

109.3 Definitions

In this Part—

Access controlled, in relation to a particular area, means an area that is secured in a manner that prevents the entry of any unauthorised person.

109.5 Requirement for certificate

A person must not act as a regulated air cargo agent to provide a consignment of cargo or mail to an air operator for carriage by air except under the authority of a regulated air cargo agent certificate granted in accordance with this Part, if the cargo or mail is carried on an aircraft conducting an international regular air transport passenger service.

109.7 Application for certificate

An applicant for the grant of a regulated air cargo agent certificate must complete the approved CAA form and submit it to the Director with—

(1) the applicant’s exposition required under rule 109.71; and

(2) if applicable, a payment of the appropriate application fee prescribed by regulations made under the Act.

109.9 Grant of certificate

Subject to section 75 of the Act, an applicant is granted a regulated air cargo agent certificate if the Director is satisfied that—

(1) the applicant meets the requirements of Subpart B; and

(2) the applicant, and the applicant’s senior person or persons required by rule 109.51 are fit and proper persons; and

(3) granting the certificate is not contrary to the interests of aviation safety or security.

109.11 Privileges of certificate holder

A regulated air cargo agent certificate authorises the holder to act as a regulated air cargo agent to issue a declaration of security for a consignment of cargo or mail that is to be carried by air on an aircraft conducting an international regular air transport passenger service.

109.13 Duration of certificate

(a) A regulated air cargo agent certificate may be granted or renewed for a maximum period of 5 years.

(b) A regulated air cargo agent certificate remains in force until it expires or is suspended or revoked.

109.15 Renewal of certificate

An application for the renewal of a regulated air cargo agent certificate must be submitted to the Director before the application renewal date specified in the certificate or, if no such date is specified, not less than 30 days before the certificate expires.

 

Subpart B