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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 121 : Air Transport Operations - Carriage on Aeroplanes of more than 19 Passengers or Cargo

Subpart 1 : General

121.01.4 Compliance with foreign and domestic regulations

 

(1) An air service operator shall ensure all crew members, while operating within foreign airspace, comply with all air traffic rules and regulations of the State concerned and the local airport rules, except where any regulation of this Part is more restrictive and may be followed without violating the rules or regulations of that State.

 

(2) The operator shall publish in the operations manual referred to in regulation 121.04.2, such information, procedures and instructions as is necessary to ensure its personnel are familiar with and in compliance with the laws, regulations and procedures pertinent to their duties with respect to—
(a) flight operations into or within domestic and foreign airspace;
(b) the area over which the operation will occur;
(c) the aerodromes to be used; and
(d) air navigation facilities to be used.

 

(3) Notwithstanding subregulation (2), each operator, including its employees or agents, shall comply with all applicable provisions of the Regulations.

 

(4) The Authority shall immediately notify a foreign air service operator and if warranted, a State of an Operator and a State of Registry, as the case may be, if—
(a) a non-compliance or suspected non-compliance with applicable laws of the Republic by a foreign air service operator is identified, or
(b) a potential serious safety issue, similar to one encountered by another operator, is identified.

[Regulation 121.01.4(4) inserted by regulation 16(a) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]

 

(5) The Authority shall consult with a State of an Operator and a State of Registry, as applicable, concerning safety standards maintained by a foreign air service operator, if a notification as specified in subregulations (4) is issued and warrants a resolution.

[Regulation 121.01.4(5) inserted by regulation 16(a) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]