Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 10 : Transfer of Certain Functions and Duties in Terms of Article 83bis of Convention132. Transfer of certain functions and duties |
| (1) | Notwithstanding Articles 12, 30, 31 and 32(a) of the Convention, when an aircraft registered in a Contracting State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has its principal place of business or, if he or she has no such place of business, its permanent residence in another Contracting State, the Minister may by agreement with such other State, in accordance with Article 83bis of the Convention, transfer to it all or part of its functions and duties under Articles 12, 30, 31 and 32(a) of the Convention as State of Registry in respect of a South African aircraft. |
| (2) | The Minister may, by agreement with such other State, in accordance with Article 83bis of the Convention, accept all or part of the functions and duties under Articles 12, 30, 31 and 32(a) of the Convention, as State of Registry in respect of such State's aircraft utilised by a South African Operator. |
| (3) | The transfer contemplated in subsection (1) shall not have effect in respect of other Contracting States before either the agreement between States in which it is embodied has been registered with the Council of the International Civil Aviation Organisation (ICAO) and made public pursuant to Article 83bis of the Convention or the existence and scope of the agreement have been directly communicated to the authorities of the other Contracting State or States concerned by a State party to the agreement. |
| (4) | The Director must, when an aircraft registered in a Contracting State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has its principal place of business or, if it has no such place of business, its permanent residence, in another Contracting State, recognize the validity of licences and certificates issued by such Contracting State. |
| (5) | The recognition contemplated in subsection (4) includes the recognition of certificates of airworthiness, personnel licences issued or renewed by the State of Operator, radio licences, crew licences, the transfer of the State of Registry's tasks and functions to another State of Operator, the acceptance of the tasks and functions of a State of Registry from another State and the information of the International Civil Aviation Organization (ICAO) and other States concerned with transfer arrangements. |