Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 48 : Leasing of AircraftSubpart 3 : Operating Leases48.03.4 Wet lease-out |
| (1) |
| (a) | The South African operator of a South African registered aircraft who intends to wet lease-out the aircraft to any non South African operator, where the non South African operator is licensed in a non contracting State, must remain the operator of the aircraft in terms of his or her operating certificate, and responsibility for surveillance of the maintenance and operation of such aircraft may not be transferred to the appropriate authority of the State of the Operator to which such aircraft is wet leased-out. |
| (b) | The provisions of regulation 48.03.2(6) in respect of the cost of oversight by the Authority shall apply with the necessary changes. |
| (2) |
| (a) | Subject to the provisions of subregulation (3), the South African operator of a South African registered aircraft may wet lease-out the aircraft to any non South African operator in a Contracting State. |
| (b) | In such case, and upon application by such operator in the prescribed form, the Director may remove the aircraft from the operating certificate held by such South African operator: |
Provided that—
| (i) | the appropriate authority of the State of the Operator to whom such aircraft is wet leased has accepted, in writing, responsibility for surveillance of the maintenance and operation of such aircraft, as provided for in Article 83bis of the Convention; and |
| (ii) | such aircraft is maintained according to an approved maintenance schedule. |
| (3) |
| (a) | A non South African licensed lessee operator may only use a wet leased-out South African registered aircraft , in commercial air transport operations to and from the Republic if the lessee has the underlying traffic rights to enter South Africa. |
| (b) | The South African registered wet leased aircraft does not need to be listed on the Foreign Operator's Permit of the lessee. |
| (4) |
| (a) | A South African operator, intending to wet lease-out an aircraft to another South African operator must submit an application to the Director in the appropriate prescribed form as, signed by both parties, together with the appropriate fee as prescribed in Part 187 for prior approval to wet lease out the aircraft. |
| (b) | Where the Director approves a wet lease-out of an aircraft to another South African operator, a copy of the duly completed form must be forwarded to the Air Services Licensing Council or the International Air Services Council, as applicable, for record keeping purposes. |
| (5) | Any conditions prescribed in granting such approval must be incorporated by the operators into the lease agreement. |
| (6) | Notwithstanding the provisions of subregulations (4) and (5), the Director may provide any South African operator with a list of South African operators from whom aircraft may be wet leased-in by such operator without prior approval. |
| (7) | A South African operator, who agrees to wet lease-out an aircraft to another South African operator, must remain the operator of the aircraft and must retain the functions and responsibilities prescribed in his, her or its operating certificate. |
| (8) | Notwithstanding the provisions of subregulation (5), the lessee operator, who in terms of the Air Services Licensing Act, 1990, or International Air Services Act 1993 (as the case may be) is required to be actively and effectively in control of the air service, must ensure that the lessor operator adheres to the conditions of the latter's operating certificate and its operating specifications, which conditions may not be in conflict or less than the conditions of the lessee operator's operating certificate. |
| (9) | The terms of an approved wet lease agreement between South African operators must include— |
| (a) | the arrangement concerning the operating certificate under which the flights with the leased aircraft shall be operated; and |
| (b) | any deviation from the operating certificate under which the flights with the leased aircraft shall be operated. |