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

Regulations

Civil Aviation Regulations, 2011

Part 48 : Leasing of Aircraft

Subpart 6 : Transfers of Responsibilities between States

48.06.4 Recognition

 

(1) The Director shall recognise an Article 83bis Agreement between two Contracting States that have ratified Article 83bis whereby the State of the Operator is substituted for the State of Registry, within the limits established by the transfer arrangements, provided that—
(a) the Article 83bis Agreement has been duly registered with ICAO; or
(b) the affected third-party States have been informed directly by at least one of the States party to the Article 83bis Agreement.

 

(2) The Director is not be obliged to recognise the transfer of functions and duties between States that are not parties to Article 83bis or States that are parties to it, but which have not registered the Article 83bis Agreement with ICAO or where South Africa has not been informed directly by at least one of the States party to the Article 83bis Agreement, of the transfer.

 

(3) The Director shall recognize the validity of licences and certificate where Contracting States, that have ratified Article 83 bis, have transferred the authority to render valid or to renew crew licences, radio licences and certificates of airworthiness pursuant to Article 83 bis from the State of Registry to the State of the Operator, if he or she has been officially informed of such transfer, provided that these licences and certificates have been issued, rendered valid or renewed by the appropriate authority of the State of the Operator fully meeting the requirements of Annexes 1 and 8 to the Convention.