C a - foreign operator

Statutory Instruments Supplement No. 1Supplement to Official Gazette No. 3 dated 7th January, 2008 S.I. 2007 No. 177
Civil Aviation Act
(Act 2004-18)
CIVIL AVIATION (FOREIGN OPERATOR)
REGULATIONS, 2007
Conditions for issue of specifications.
Continued validity of operations specifications.
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Documents required to be carried by foreign air operator.
Requirement to produce documentation, manuals and recordswhen requested.
Preservation of flight data recorder recordings.
Requirement to compute passenger and baggage weights.
Restriction on the operations of single-engine aircraft by foreignair operator.
Required procedures for approach and landing conditions.
Foreign air operator to give Director access to aircraft andassociated facilities.
Prohibition against the carriage of weapons.
Carriage of sporting weapons and ammunition.
Requirement to hold firearm import licence.
Security programme for foreign air operator.
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Transportation of dangerous goods by air.
Director may make Standards or amend Standards.
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Civil Aviation Act
(Act 2004-18)
CIVIL AVIATION (FOREIGN OPERATOR)
REGULATIONS, 2007
The Minister in exercise of the powers conferred on him by section 10 of the Civil Aviation Act, makes the following Regulations: These Regulations may be cited as the Civil Aviation (Foreign Citation.
“aeronautical information services” means services established within a defined area of responsibility for the provision of aeronauticalinformation necessary for the safe regulation and efficiency of airnavigation; “civilian aircraft” means any aircraft not used for military, customs or police “foreign air operator” means an operator not being a Barbados air operator, who does not hold an air operator certificate issued by the Directorand who undertakes whether directly, indirectly, by lease or any otherarrangement to engage in commercial air transport operations withinthe airspace of Barbados, whether on a scheduled or charter basis; “foreign authority” means the Civil Aviation Authority that issued an air operator certificate to a foreign air operator who does not hold an air operator certificate issued by the Director; STATUTORY INSTRUMENT
“foreign operator” means an operator not being a Barbados operator, who undertakes whether directly, indirectly, by lease or any otherarrangement to engage in air transport operations within the airspaceof Barbados; “munitions of war” means any weapon, ammunition or other article containing an explosive or any noxious liquid, gas or anything which isdesigned or made for use in warfare or against persons, includingparts whether components or accessories for such weapons, ammunitionor articles.
These Regulations apply to the operations of a civil aircraft the purpose of commercial air transport operations by an airoperator whose air operator certificate was issued by a foreignauthority; and general aviation operations of a foreign operator.
These Regulations shall not apply to operations of aircraft used by the military, customs and police.
This Part prescribes the requirements for the application, issue and continued validity of a foreign air operator’s operations specifications.
(1) An air operator who does not hold an air operator’s certificate issued by the Director shall not operate an aircraft in Barbados unless he holds operations specifications issued to him by the Director.
Where an air operator referred to in paragraph (1), wishes to make such application to the Director in the form and mannerprescribed; and STATUTORY INSTRUMENT
An application made in paragraph (2), shall be accompanied by a valid air operator’s certificate or equivalent documentissued by a foreign authority; the licence or authorisation granted to the air operator bythe appropriate authority of the State of the air operator,to operate an air transport service to and from Barbados; (iii) a company operations manual including the cabin attendants manual where it is published as a separate document; (iv) the approval page for a minimum equipment list for each aircraft type intended to be operated by the air operator inBarbados; a valid certificate of airworthiness for each aircraft typeintended to be operated by the foreign air operator inBarbados; (vi) a certificate of registration issued for the aircraft types proposed to be operated by the air operator in Barbados; (vii) a document identifying the maintenance checks that are required to be carried out for the aircraft of the air operatorwhile the aircraft is operated in Barbados; (viii) the maintenance contract between the air operator and the approved maintenance organisation, where the maintenancereferred to in paragraph (vii), is carried out by an approved maintenance organisation approved by the foreign authority; STATUTORY INSTRUMENT
(ix) the lease agreement for any aircraft operated by the air operator who does not hold an air operator’s certificateissued by the Director which is not registered by the foreignauthority; any equivalent operations specifications issued by theforeign authority for any specialized flight operationsspecifications requested by the foreign air operator foroperations in Barbados; a proposed aircraft operator security programme for the foreignair operator who does not hold an air operator certificate issued by the Director which meets the requirements of the Civil Aviation (Aviation Security) Regulations, 2007, for theacceptance and subsequent approval of the Director; and any other document the Director considers necessary to ensurethat the intended operations will be conducted safely.
An applicant under these Regulations shall apply for the initial issue of operations specifications for a foreign air operator at least 90 daysbefore the date of commencement of intended operation.
The Director may issue operations specifications to an air operator who does not hold an air operator’s certificate issued by the Director to conduct commercial air operations in Barbados where he is satisfied that has a valid air operator’s certificate issued by a foreign authority; has had his aircraft operator security programme approved under the Civil Aviation (Aviation Security) Regulations, 2007; meets the applicable requirements of the Civil Aviation Aircraft Operations) Regulations, 2007, the Civil Aviation (Airworthiness) Regulations, 2007, and the Civil Aviation (Instruments and Equipment) Regulations, 2007; STATUTORY INSTRUMENT
meets the Standards contained in Parts I and III of Annex 6 has sufficient financial resources to conduct safe operations;and meets the requirements of these Regulations.
Where operations specifications are issued under this regulation to an air operator who does not hold an air operator’s certificate issued bythe Director, that foreign air operator may commence commercial air transportoperations in and to Barbados.
Operations specifications issued in regulation 6 shall specify Opera- which operations are authorised, prohibited, limited or subject to certain tions conditions in the interest of public safety.
Operations specifications issued in paragraph (1), shall contain limitations to, or actions required by, the operator; STATUTORY INSTRUMENT
The operations specifications issued to a foreign air operator by the Director shall be supplementary to these Regulations.
A foreign air operator shall, when conducting operations in and to Barbados, ensure that he complies at all times with the requirements of his approved aircraft operator security programme; and the security requirements for aircraft operators set out in the Civil Aviation (Aviation Security) Regulations, 2007.
A foreign air operator shall, when conducting operations in Barbados, use an aircraft technical log that contains the following information information about each flight necessary to ensure continued flightsafety; the current certificate of release to service the aircraft; the current maintenance statement giving the aircraft maintenancestatus of what scheduled and out of phase maintenance is nextdue, unless the Director agrees to the maintenance statementbeing kept elsewhere; all outstanding deferred defects that affect the operation of theaircraft; and any necessary guidance instructions on maintenance support.
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10. A foreign air operator shall ensure that the following are carried Documents
on each flight, when conducting operations in Barbados: the current parts of the operations manual relevant to the duties air operator.
of the crew; those parts of the operations manual which are required for theconduct of a flight; the current approved aircraft flight manual for the type of aircraftbeing flown; the current certificate of registration, and airworthiness certificatein force in respect of the aircraft; the appropriate licences of the members of the flight crew; the mass and balance document for the aircraft certifying thatthe load carried is properly distributed and safely secured; and appropriate approval for radio operation.
A foreign air operator shall ensure that, in addition to the Additional documents and manuals required by regulations 9 and 10, the following informationinformation and forms relevant to the type and area of operation are carried and forms.
on each flight conducted in Barbados: the aircraft technical log containing at least the informationrequired in regulation 9; appropriate notices to airmen and aeronautical informationservices briefing documentation; STATUTORY INSTRUMENT
a copy of applicable operations specifications required under notification of special loads including any dangerous goods; and current maps and charts for the area of operation.
The Director may authorise the information detailed under paragraph (1) or parts thereof to be presented in a form other than onprinted paper provided the information is accessible for inspection.
12. A foreign air operator shall ensure that any person authorised by
the Director is permitted at any time, without prior notice, to board any of his aircraft operated for commercial airtransportation in Barbados; inspect the documents and manuals required by regulations 9, 10and 11; and carry out inspections required by regulation 18, and such otherinspections as are deemed necessary under the ChicagoConvention.
give any person authorised by the Director access to any documents, manuals and records which are related to flight produce all such documents, manuals and records, whenrequested to do so by the Director, within a reasonable period oftime.
The pilot in command of an aircraft of a foreign air operator shall, when requested to do so by a person authorised by the Director, produceto that person the documentation, manuals and records required to be carriedon board the aircraft.
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14. Following an accident or incident in Barbados involving an aircraft Preserva-
of a foreign air operator, or when the Director so directs, the foreign air of flight operator of an aircraft on which a flight recorder is carried shall preserve datathe original recorded data for a period of 60 days unless otherwise directed recorderby the Director.
A foreign air operator conducting operations in Barbados Requirement shall compute the mass of passengers and checked baggage using the actual mass of each person and the actual mass of baggage; or weights.
standard mass values specified by the foreign authority.
The Director may require a foreign air operator conducting operations in Barbados to produce evidence validating any standard massvalues used.
16. A foreign air operator conducting operations in Barbados shall
in instrument meteorological conditions except under special visual foreign air 17. Before initiating an approach to land in Barbados, the pilot in Required
command of an aircraft of a foreign air operator, shall determine from the procedures the weather at the airport and whether the conditions of the conditions.
runway are safe for the approach and landing; and in the case of missed approach, whether he will be able to meetthe performance requirements contained in the operations manual.
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18. A foreign air operator, when conducting operations in Barbados,
give any person authorised by the Director access to his aircraft and associated facilities to inspect to determine compliance with satisfactorily respond to findings arising in paragraph (a), priorto further flight in the case of finding prejudicing safe flight andfor all the findings within reasonable time but no more than3 days.
19. This Part prescribes the security requirements for a foreign air
A foreign air operator conducting commercial air transportation operations to Barbados shall not transport weapons of war and munitions of war by air unlessan approval to do so has been granted by the Director; ensure that when approval referred to in paragraph (a) is granted,weapons of war and munitions of war are stowed in the aircraft in a place which is inaccessible topassengers during flight; in the case of firearms, unloaded, unless before thecommencement of the flight, an approval has been granted by the Director that such firearms may be carried incircumstances that differ in part or in total from thoseindicated in this sub-paragraph; STATUTORY INSTRUMENT
ensure that the pilot in command is notified before the flight begins of the details and location on board the aircraft of any weaponsof war and munitions of war that are intended to be carried.
Paragraph (1)(b)(ii) does not apply to a foreign air operator that has been approved to transport an air marshal under an approved programme.
The carriage of sporting weapons and ammunition by a Carriage of foreign air operator conducting commercial air transportation shall be in sporting accordance with the procedures and requirements of the approved and dangerous goods programme approved by the foreign authority.
A foreign air operator conducting commercial air transportation operations in Barbados shall take all measures necessary to ensure thatwhere a sporting weapon is offered for transport by air, such transportationis reported to him.
A foreign air operator accepting the transport of a sporting weapon shall ensure that the sporting weapon is stowed in the aircraft, in which he conducts or intends to conductoperations, in a place which is inaccessible to passengers duringflight unless the Director has determined that compliance isimpracticable and has approved other procedures; and in the case of a firearm or other weapon that can containammunition, is unloaded.
A foreign air operator may allow a passenger to carry ammuni- tion for a sporting weapon in his checked baggage, as approved by theforeign authority.
22. A foreign air operator shall ensure that where a person submits Requirement
a firearm for transport by air on his aircraft to Barbados, that person shall to hold hold a firearm import permit issued in accordance with the Firearms Act. import STATUTORY INSTRUMENT
23. A foreign air operator shall
ensure that all appropriate personnel are familiar and comply with the relevant requirements of the national securityprogrammes of Barbados; establish, maintain and conduct approved training programmeswhich enable the personnel of the foreign air operator to takeappropriate action to prevent acts of unlawful interference suchas sabotage or unlawful seizure of aircraft and to minimize theconsequences of such events should they occur; along with the pilot in command or in his absence a flight crewmember of a foreign air operator, following an act of unlawfulinterference on board an aircraft, shall submit without delay areport of the act to the designated local authority and the Director; ensure that all aircraft carry a checklist of the procedures to befollowed for that aircraft type in searching for concealed weapons,explosives or other dangerous devices; and ensure that the flight crew compartment door of all aircraft isinstalled and where such aircraft is operated for the purpose ofcarrying passengers, the compartment door is capable of beinglocked from within the compartment in order to preventunauthorised access.
24. A foreign air operator shall take measures to ensure that no
person conceals himself or cargo on board an aircraft.
25. This Part prescribes the requirements for the transport of
dangerous goods by air, by a foreign air operator.
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A foreign air operator shall not accept dangerous goods for Transporta- transport by air in Barbados unless he has been authorised to do so by the foreign authority; conducted the required personnel training; and provided a copy of his approved dangerous goods programmeto the Director.
A foreign air operator shall properly classify, document, certify, describe, package, mark, label and put in a fit condition for transport,dangerous goods as required by the dangerous goods programme of theforeign air operator as approved by the foreign authority.
The foreign air operator shall state in his operations specifications required in regulation 7 whether or not he has been authorised to acceptdangerous goods by the foreign authority.
Where the foreign operator has been granted authority to accept dangerous goods, and has an approved dangerous goods programmeauthorised by the foreign authority, the foreign operator shall provide a copyof such dangerous goods programme to the Director.
The operations specifications requirements under these Transitional Regulations, in respect of a foreign air operator shall come into effect provisions.
6 months from the date of publication of these Regulations.
Notwithstanding paragraph (1), on the commencement of these Regulations a foreign air operator who wishes to apply for operationsspecifications to operate in Barbados shall meet the requirements of theseRegulations.
A foreign air operator who holds a valid licence issued by the Air Transport Licensing Authority to operate in Barbados, and who continues tooperate under his existing licence, on the commencement of theseRegulations shall apply to the Authority for operations specifications and STATUTORY INSTRUMENT
satisfy the requirements of these Regulations for the issue of such operations specifications within the 6 months period provided in paragraph (1).
The Director may make Standards or amend Standards and incorporate them by reference into these Regulations.
The Director shall not make a Standard or an amendment to a Standard unless the Director has undertaken consultations with interestedparties concerning the Standard or the amendment.
No Standard or amendment may come into effect less than A Standard or an amendment to a Standard may be made and brought into effect by the Director without regard to regulations 28(2) and28(3) where the Standard or amendment is urgently required to ensureaviation safety or the safety of the public.
Made by the Minister this 31st day of December 2007.
Minister responsible for Civil Aviation.

Source: http://bcad.gov.bb/page/pdf/pdf_Regulations/Civil%20Aviation%20(Foreign%20Operator)%20Regulations,%202007.pdf