| (a) |
An operator who intends to dry lease-in an aircraft for the purpose of providing an air service therewith, shall submit an application to the Director in the appropriate prescribed form signed by both parties, together with the appropriate fee as prescribed in Part 187 for prior approval to dry lease-in the aircraft. |
| (b) |
Where a dry lease involving a foreign operator is approved by the Director, a copy of the duly completed form , must be forwarded to the International Air Services Council or the Domestic Air Service Council, as applicable, for record keeping purposes. |
| (2) |
The oversight responsibilities in respect of a dry lease-in of a foreign registered aircraft may be fully or partially transferred in terms of an Article 83bis Agreement from the appropriate authority of the State of Registry to the appropriate authority of the State of the Operator. |
| (3) |
Subject to such conditions as he or she may determine, the Director may grant approval for a lease agreement if satisfied that— |
| (a) |
an aircraft to be leased-in is type-certificated in accordance with the requirements prescribed in Part 21; |
| (b) |
an aircraft to be leased-in shall be maintained in accordance with an approved maintenance programme, the design and application of which shall observe human factors principles, and current manufacturer’s maintenance manual; |
| (c) |
an aircraft to be leased-in shall be operated under operating certificate held by a concerned lessee and an applicant shall not operate an air service concerned contrary to any provision of the Act, the International Air Services Act, 1993 or the Air Service Licensing Act, 1990; |
| (d) |
if a foreign registered aircraft— |
| (i) |
the transfer of responsibilities, as contemplated in subregulation (2), has been effected; |
| (ii) |
an appropriate authority of a State of Registry is in a position to carry out its oversight responsibilities effectively; |
| (iii) |
the duration of a dry lease-in concerned is for a period not exceeding six consecutive calendar months in any 12-months period calculated from the commencement date of such lease; and |
| (iv) |
the number of foreign registered aircraft leased by a concerned operator constitutes not more than half the number of aircraft listed on that operator’s operating certificate. |
[Regulation 48.03.1(3) substituted by regulation 5(b) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
| (4) |
When the conditions, contemplated in subregulation (3)(d), are not met, the aircraft to be dry leased-in must be registered in the Republic as prescribed in Part 47 of these Regulations, and— |
| (a) |
the aircraft shall be subject to the airworthiness certification, maintenance, and inspection procedures prescribed by the Regulations in respect of South African registered aircraft; |
| (b) |
the responsibility or custody of the aircraft and control of all operations shall be vested in the lessee operator; |
| (c) |
the responsibility for the airworthiness and maintenance of the aircraft shall be vested in the lessee operator; and |
| (d) |
the registration of the aircraft shall be valid only for the duration of the lease agreement, and for as long as the aircraft is operated in accordance with the Regulations, the terms or conditions specified in the lessee operator's operating certificate, the related operations specifications, and the lessee operator's operations and maintenance control manuals. |
| (5) |
The conditions of approval referred to in subregulation (3) must be made part of the lease agreement, and in particular must specify the responsibilities of the parties involved in respect of— |
| (a) |
airworthiness of the aircraft and performance of maintenance; |
| (b) |
signing the maintenance release; |
| (c) |
flight and cabin crew member certification; |
| (d) |
crew member training, competency and currency; |
| (e) |
scheduling of crew members; |
| (f) |
dispatch or flight-following; and |
| (g) |
insurance arrangements. |
| (6) |
A dry lease agreement between South African operators must include the arrangements concerning the party's respective responsibilities in respect of the airworthiness of the aircraft. |
Stamp Duties Act, 1968 (Act 77 of 1968)
