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In this subpart:

119.151 Continued compliance

(a) A holder of an air operator certificate must comply with the operations specifications required by rule 119.15.

(b) A holder of an air operator certificate must—

(1) continue to meet the standards and comply with the requirements of Subpart B or Subpart C as appropriate; and

(2) comply with every procedure and programme detailed in the certificate holder’s exposition; and

(3) hold at each location specified in the certificate holder’s exposition—

(i) at least 1 current copy of the certificate holder’s operations specifications; and

(ii) in hard copy, electronic, or other form acceptable to the Director, at least 1 current copy of the relevant sections of the certificate holder’s exposition that are applicable to the operations at the location.

119.153 Flight operation requirements

(a) Each holder of an airline air operator certificate conducting an air operation with—

(1) an aeroplane that has a passenger seating configuration, excluding any required crew member seat, of more than 30 seats, or that has a payload capacity of more than 3410 kg, must comply with the applicable operating requirements of Part 121; and

(2) an aeroplane that has a passenger seating configuration, excluding any required crew member seat, of 10 to 30 seats, or a payload capacity of 3410 kg or less and a MCTOW of greater than 5700 kg, must comply with the applicable operating requirements of Part 125; and

(3) an aeroplane that has a passenger seating configuration of 9 seats or less, excluding any required crew member seat, and a MCTOW of 5700 kg or less, or a helicopter, must, subject to paragraph (b), comply with the applicable operating requirements of Part 135.

(b) Each holder of an airline air operator certificate conducting an SEIFR passenger operation must comply with the applicable operating requirements of Part 125.

(c) Each holder of a general aviation air operator certificate conducting an air operation must comply with the applicable operating requirements of Part 135.

119.155 Flight crew qualifications

(a) The holder of an air operator certificate must not authorise any person to act as a flight crew member, and no person may serve as a flight crew member, on an air operation, unless the person holds the licence and rating in accordance with Part 61 that includes the privileges necessary to perform the operation.

(b) Each person authorised to perform an air operation outside New Zealand must have in their possession the licence required by paragraph (a) and that person’s current medical certificate.

119.157 Charter, cross-hire, and leasing of New Zealand registered aircraft

(a) Each holder of an air operator certificate that charters, cross-hires, or leases an aircraft, with or without flight crew, from another holder of an air operator certificate must clearly establish with that other operator, and inform the pilot-in-command, prior to the aircraft’s use in an air operation, under which air operator certificate the operation will be conducted.

(b) Where the holder of an air operator certificate charters, cross-hires, or leases an aircraft, with or without flight crew, from any person who does not hold an air operator certificate, then the certificate holder must conduct the operation under its own air operator certificate.

(c) Each holder of an air operator certificate must keep a copy of each written charter, cross-hire, or lease arrangement, under which it performs an air transport operation, for a period of at least one year after the date of completion of the last flight under the arrangement.

(d) In the case of a charter, cross-hire, or lease arrangement, that is made orally, the certificate holder must keep a memorandum stating the elements of the arrangement, and of any amendments to it, for a period of at least one year after the date of completion of the last flight under the arrangement.

119.159 Use of non-New Zealand registered aircraft

(a) Each holder of an air operator certificate that uses a non-New Zealand registered aircraft under a charter, lease, or similar arrangement to perform an air operation must, at least 30 days prior to the performance of the operation, unless a shorter period is acceptable to the Director, notify the Director of the basic terms of the charter, lease, or similar arrangement, including—

(1) whether the aircraft provider is authorised by an ICAO contracting State to perform air operations; and

(2) the names of the parties to the arrangement; and

(3) the duration of the arrangement; and

(4) the nationality, the registration markings, and the type of each aircraft involved in the arrangement.

(b) The certificate holder must obtain approval from the Director prior to the use of a non-New Zealand registered aircraft on air operations.

119.161 Business or trading name

(a) Each holder of an air operator certificate must conduct its air operations using the trading or business name that appears on the certificate holder's certificate.

(b) A person must not perform an air operation unless the trading or business name of the certificate holder conducting the operation is displayed in such a manner that it is clearly identifiable, visible, and legible to any intending passenger before they board the aircraft.

(c) The certificate holder must clearly identify, when it advertises any air operation conducted by it, the business or trading name that appears on the certificate.

119.163 Limitations of general aviation air operator certificate holder

Except in accordance with an airline air operator certificate, the holder of a general aviation air operator certificate must not conduct operations to which Part 121 or Part 125 applies.

119.165 Changes to certificate holder's organisation

(a) A holder of an air operator certificate must—

(1) ensure that its exposition is amended so as to remain a current description of its organisation; and

(2) ensure that any amendment made to its exposition meets the applicable requirements of this or any other Part and complies with the amendment procedures contained in its exposition; and

(3) forward to the Director for retention a copy of each amendment to its exposition as soon as practicable after the amendment is incorporated into its exposition; and

(4) make such amendments to its exposition as the Director considers necessary in the interests of aviation safety.

(b) A certificate holder must obtain the approval of the Director before changing any of the following:

(1) the chief executive:

(2) the listed senior persons:

(3) the locations detailed in the exposition under rules 119.81(a)(7) or 119.125(a)(5), as appropriate, from which the certificate holder conducts air operations:

(4) the scope of the certificate holder's certificate:

(5) the system for safety management, if the change is a material change:

(6) any DAMP, if the change is a material change:

(7) the maintenance programme:

(8) any contractor carrying out the certificate holder’s maintenance or training:

(9) the flight and duty scheme:

(10) where required, the air operator security programme.

(c) Reserved

(d) The Director may impose conditions on the air operator certificate during or following any of the changes specified in paragraph (b).

(e) The certificate holder must comply with any condition imposed by the Director under paragraph (d).

(f) If any of the changes referred to in paragraph (b) requires an amendment to the air operator certificate, the certificate holder must forward the certificate to the Director for endorsement of the change as soon as practicable.

119.167 Changes to the maintenance programme

The holder of an air operator certificate must, upon the Director’s request, make any revisions to a maintenance programme found by the Director to be necessary to satisfy the continuing airworthiness requirements of that programme.

 

Subpart C

Appendix A