Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 48 : Leasing of AircraftSubpart 3 : Operating Leases48.03.2 Dry lease-out |
| (1) | An operator of a South African registered aircraft may dry lease-out the aircraft to any other South African operator (the lessee), subject to the provisions of subregulation (2). |
| (2) | The provisions referred to in subregulation (1), include confirmation in the lease agreement of the parties' respective responsibilities in respect of the continued airworthiness of the aircraft; and that the aircraft will be operated in terms of the operating certificate held by the lessee. |
| (3) | An operator (the lessor) of a South African registered aircraft may dry lease-out the aircraft to any other operator (the lessee) in a Contracting State. |
| (4) | Upon application by an operator (the lessor) of a South African registered aircraft in the appropriate prescribed form, the Director may remove the aircraft from the operating certificate held by such operator. |
| (5) | The removal, contemplated in subregulation (4), in respect of an aircraft to be dry leased-out to an operator in a Contracting State, shall be conditional on— |
| (a) | the appropriate authority of the State of the Operator to whom such aircraft is dry leased concluding an Article 83bis Agreement with the Minister whereby it has accepted responsibility for surveillance of the maintenance and operation of such aircraft in terms of the applicable requirements of Subpart 6; and |
| (b) | such aircraft being maintained according to an approved maintenance schedule and current manufacturers maintenance manual. |
| (6) | When a South African registered aircraft is dry leased-out to an operator in a State that is not a Contracting State, the Minister may not transfer responsibility for surveillance of the maintenance and operation of the aircraft to the relevant authority of that State, and the lessor operator shall be liable for any costs incurred by the Authority in carrying out its oversight function in respect of such aircraft. The lessor operator shall be liable also for any such costs in respect of an aircraft for which no transfer of duties, as contemplated in subregulation (5)(a), has been agreed upon. |
| (7) | The provisions of subregulations (5) and (6) shall apply with the necessary changes in respect of a dry leased-out aircraft remaining on the operating certificate of the lessor. |