| (1) | The Minister, being duly authorised, may in the case of dry or wet leased aircraft in accordance with the requirements contained in this Subpart enter into an Article 83bis Agreement for the transfer of certain or all the functions and duties of the State of Registry of an aircraft to the State of Operator, where such functions and duties can more adequately be discharged by the State of the Operator and thereafter register such agreement with the Council of ICAO. |
| (2) | The functions and duties, referred to in subregulation (1)(a) are the functions and duties allocated by the Convention to the State of Registry in respect of— |
| (a) | Article 12 of the Convention: "Rules of the Air", including the prosecution of all persons violating the rules and regulations relating to the flight and manoeuvre of aircraft in force in a particular Contracting State; |
| (b) | Article 30 of the Convention: "Aircraft radio equipment", including the installation and operation of radio transmitting apparatus in aircraft operated in the air space of a Contracting State; |
| (c) | Article 31 of the Convention: "Certificates of Airworthiness", the issuing or rendering valid thereof by the State of Registry; and |
| (d) | Article 32 of the Convention: "Licences of Personnel", the issuing or rendering valid thereof by the State of Registry. |
| (3) | The transfer of any function or duty, contemplated in subregulation (1)(a) shall not have effect in respect of any other Contracting State before either— |
| (a) | the Article 83bis Agreement between the States in which it is embodied has been registered with the ICAO Council and made public pursuant to Article 83; or |
| (b) | the existence and scope of the Article 83bis Agreement have been directly communicated to the appropriate authorities of the other Contracting State or States concerned by a State party to the agreement. |
| (4) | Similarly as provided for in subregulation (1), the Minister may accept certain or all of the functions and duties of the appropriate authority of a State of Registry in respect of an aircraft on that State's aircraft register and, to the extent provided for in terms of the relevant Article 83bis Agreement, deem such aircraft to be a South African aircraft for the purpose of these regulations. |
| (5) | If the Republic is a State of an Operator with respect to a dry lease-in or wet lease-in of an aircraft operating under an Article 83 bis Agreement, the Director shall transmit, a copy of such Article 83 bis Agreement together with a summary thereof in the format as prescribed in Document SA-CATS 48, to ICAO for registration. |
[Regulation 48.06.1(5) inserted by regulation 5(c) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
| (6) | If the Republic is a State of Registry, with respect to a dry-lease out or a wet-lease out of an aircraft operating under an Article 83 bis Agreement, the Director shall transmit a copy of such Article 83 bis Agreement together with a summary thereof in the format as prescribed in Document SA-CATS 48, to ICAO for registration. |
[Regulation 48.06.1(6) inserted by regulation 5(c) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
