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(a) An applicant for the grant of a general aviation air operator certificate must employ, contract, or otherwise engage—
(1) a senior person identified as the chief executive who—
(i) has the authority within the applicant’s organisation to ensure that all activities undertaken by the organisation can be financed and carried out in accordance with the requirements and standards prescribed by this Part; and
(ii) is responsible for ensuring that the organisation complies with the requirements of this Part; and
(2) a senior person—
(i) responsible for ensuring that the applicant's organisation complies with its exposition; and
(ii) responsible for the functions referred to in paragraph (b)(1); and
(iii) ultimately responsible to the chief executive; and
(3) sufficient personnel to plan, perform, supervise, inspect, and certify the operations listed in the applicant’s exposition.
(b) The senior persons required by paragraph (a) must—
(1) unless otherwise acceptable to the Director as a consequence of the size and expected scope of the applicant’s organisation, each be responsible for no more than one of the following functions—
(i) air operations, including the flight operations and the supporting ground operations:
(ii) crew training and competency assessment:
(iii) the control and scheduling of maintenance:
(iv) the system for safety management required under rule 119.124:
(v) conducting occurrence investigations in accordance with Part 12; and
(2) hold the minimum qualifications and experience listed in Appendix B that are applicable to the function for which they are responsible.
(c) Despite paragraph (b)(1)(ii), and if applicable to the structure of the applicant’s organisation, the senior person responsibilities for competency assessment may be assumed by the senior person responsible for air operations under paragraph (b)(1)(i).
(a) Each applicant for the grant of a general aviation air operator certificate must establish procedures—
(1) to initially assess and to maintain the competence of personnel authorised to plan, perform, supervise, inspect, or certify the air operations listed in the applicant's exposition; and
(2) to ensure personnel are provided with written evidence of the scope of their authorisation.
(b) Each applicant may contract with an organisation that is certificated under Part 141 and appropriately authorised under that certificate to perform the functions of checking to assess, or training to maintain, the competence of the applicant’s personnel in accordance with paragraph (a)(1).
(c) Each applicant that contracts with an organisation under paragraph (b) must include in its exposition details of—
(1) the functions to be transferred to the organisation; and
(2) the scope of the checking or training to be carried out by the organisation; and
(3) the authority of the organisation in respect of the checking and training functions to be carried out.
(d) The applicant may, as an alternative to paragraph (b), utilise an external checking or training programme acceptable to the Director that is carried out by an appropriately qualified holder of a flight examiner rating.
(a) Each applicant for the grant of a general aviation air operator certificate must provide resources, acceptable to the Director—
(1) that enable the satisfactory provision of the operations listed in the applicant's exposition; and
(2) that, where appropriate, include—
(i) accommodation, offices, workshops, hangars, and buildings; and
(ii) equipment, tools, material, training aids, data, and documentation necessary to perform the operations listed in the applicant's exposition.
(b) The applicant must ensure the environment it provides—
(1) is appropriate for the tasks to be performed; and
(2) where appropriate, offers protection from weather elements.
(a) Each applicant for the grant or amendment of a general aviation air operator certificate must, if required by the Director, perform proving flights or tests to satisfy the Director that it can meet the relevant prescribed requirements.
(b) The flights or tests must be conducted in a manner acceptable to the Director.
(a) An applicant for the grant of a general aviation air operator certificate must establish procedures for ensuring the continued airworthiness of—
(1) every aircraft that is operated under the authority of the certificate; and
(2) any equipment installed in or attached to the aircraft.
(b) An applicant for the grant of a general aviation air operator certificate that contracts with another person to perform maintenance of the applicant’s aircraft must include in the exposition required under rule 119.125 details of—
(1) the functions to be transferred to the other person; and
(2) the scope of the maintenance to be carried out by the other person; and
(3) the authority of the other person in respect of the functions and maintenance to be carried out.
(a) An applicant for the grant of a general aviation air operator certificate must establish a maintenance programme for every aircraft that is operated under the authority of the certificate.
(b) The maintenance programme required under paragraph (a) must include—
(1) the registration, type and serial number of each aircraft that is subject to the programme; and
(2) instructions and procedures, that are at least equivalent to the requirements prescribed in Subpart G of Part 91 and the manufacturer’s maintenance schedule, for the performance of maintenance on the aircraft including any required inspections and tests of the airframe, aircraft engine, propellers, rotors, appliances, and emergency equipment, together with details of the parts and areas that—
(i) must be inspected; and
(ii) could result in a failure, malfunction, or defect endangering the safe operation of the aircraft if maintenance is not performed properly or if improper parts or materials are used; and
(3) a schedule for the performance of the maintenance under paragraph (b)(2) expressed in terms of the time-in-service, cycles, calendar time, number of system operations, or any combination of these; and
(4) procedures for the induction of an aircraft onto the maintenance programme; and
(5) procedures for maintenance trend analysis if the programme utilises condition monitored maintenance or information derived from health and usage monitoring systems; and
(6) procedures to ensure that every inspection required by the programme is performed; and
(7) procedures for recording defects, including examples of records; and
(8) procedures for rectifying or deferring defects; and
(9) procedures for varying an inspection interval because of service experience; and
(10) procedures for retaining maintenance records in accordance with rule 91.623.
(a) An applicant requiring a management system under rule 119.124 for the grant of a general aviation air operator certificate must establish procedures for controlling, amending, and distributing its operational, safety, and maintenance data.
(b) An applicant for the grant of a general aviation air operator certificate must establish a procedure for the control of documentation required by any applicable Part, including but not limited to Parts 91 and 135.
(c) The procedures required by paragraphs (a) and (b) must provide for the following—
(1) all documentation is reviewed and authorised by appropriate personnel before issue; and
(2) current issues of all relevant documents are available to personnel at all locations where they need access to such documentation, in either hard copy, electronic, or other form acceptable to the Director; and
(3) all obsolete documentation is promptly removed from all points of issue or use; and
(4) changes to documentation are reviewed and approved by appropriate personnel; and
(5) the current version of each item of documentation can be identified to preclude the use of superseded material.
Each applicant for the grant of a general aviation air operator certificate must establish procedures to ensure that—
(1) an accurate record is maintained of—
(i) each employee who, in the performance of their duties, is required to hold a licence or rating; and
(ii) each employee who is exercising any delegation of the Director's functions or powers; and
(iii) each employee who is exercising any authorisation granted by the certificate holder; and
(2) the record includes details of—
(i) the relevant experience, qualifications, and training of each employee listed under subparagraph (1); and
(ii) the scope, validity, and currency of any licence or rating referred to in subparagraph (1)(i); and
(iii) the delegations referred to in subparagraph (1)(ii); and
(iv) the authorisations referred to in subparagraph (1)(iii); and
(3) the record is retained for one year from the date that the employee—
(i) ceases to perform duties requiring a licence or rating; or
(ii) exercises any delegation or authorisation.
Each applicant for the grant of a general aviation air operator certificate must—
(1) establish procedures to ensure details are accurately recorded of testing, checking, and calibration of any safety-critical resources used in carrying out the operations specified on the certificate; and
(2) retain the record of details required by subparagraph (1) for two years from the date the details are recorded.
Each applicant for the grant of a general aviation air operator certificate must establish procedures to ensure the initiation, continuation, and termination of a flight or series of flights is authorised by the person required by rule 119.101(b)(1)(i).
(a) An applicant for the grant of a general aviation air operator certificate must establish procedures to ensure that a flight following service is provided for any air operation that is conducted without a flight plan being submitted to an ATS unit.
(b) The procedures required in paragraph (a) must ensure that for each air operation being provided with a flight following service, the person providing the flight following service—
(1) has the information required under rule 91.307(c) for a VFR flight plan; and
(2) has a pre-arranged time for the completion of the air operation; and
(3) subject to paragraph (c), has a time for re-establishing communications if the flight will operate in an area where communications cannot be maintained; and
(4) has details of any other arrangements that may be appropriate for the safety of the operation for the pilot-in-command to report to the flight following service; and
(5) makes timely notification to —
(i) the national rescue co-ordination centre; or
(ii) an organisation capable of taking emergency activation action that is acceptable to the Director —
if the pilot-in-command fails to establish communications within the pre-arranged times under paragraphs (2), (3), or (4).
(c) An aircraft may be without communication under paragraph (b)(3) for—
(1) no longer than 30 minutes, if it is an air transport operation; or
(2) any period of time that is established before the flight in accordance with the procedures under paragraph (a) if it is a commercial transport operation.
Each applicant for the grant of a general aviation air operator certificate intending to conduct air operations must establish procedures necessary to enable any requirement of this or any other Part to be complied with.
An applicant for the grant of a general aviation air operator certificate must establish, implement, and maintain a system for safety management in accordance with rule 100.3.
(a) An applicant for the grant of a general aviation air operator certificate must provide the Director with an exposition, that contains—
(1) a statement signed by the chief executive on behalf of the applicant's organisation confirming that the exposition and any included manuals—
(i) define the air operator organisation and demonstrate its means and methods for ensuring ongoing compliance with this Part and any other applicable Part; and
(ii) are to be complied with by the organisation’s personnel at all times; and
(1A) the documentation required by rule 100.3(b) to establish and maintain the system for safety management; and
(1B) if a DAMP is required (see rule 99.5 and section 114 of the Act) a DAMP meeting the requirements of Part 99 and of the Act; and
(2) the titles and names of the senior persons required by rules 119.101(a)(1) and (2); and
(3) the duties and responsibilities of the senior persons required by rules 119.101(a)(1) and (2) including—
(i) matters for which they have responsibility to deal directly with the Director or the Authority on behalf of the organisation; and
(ii) responsibilities for safety management; and
(4) if appropriate, an organisation chart showing lines of responsibility of the senior persons required by rules 119.101(a)(1) and (2); and
(4A) information identifying the lines of safety responsibility within the organisation; and
(5) details of the principal place of operation and the main maintenance base; and
(6) details of the applicant’s procedures required by this Part; and
(7) details of—
(i) the maintenance procedures required by rule 119.109; and
(ii) the maintenance programme required by rule 119.111; and
(iii) the maintenance organisation that performs maintenance on the applicant’s aircraft; and
(8) details of the programmes required, as appropriate, by this Part and Part 135; and
(9) details of the applicant’s procedures that ensure compliance with the laws of any foreign State in which the applicant’s aircraft operate; and
(10) procedures for controlling, amending, and distributing the exposition.
(b) The applicant’s exposition must be acceptable to the Director.
