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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 48 : Leasing of Aircraft

Subpart 3 : Operating Leases

48.03.3 Wet lease-in

 

(1) A South African operator who intends to wet lease-in an aircraft for the purpose of providing an air service therewith, must—
(a) be the holder of an appropriate operating certificate applicable to the category and type of aircraft, as defined in the Air Services Licensing Act, 1990 (Act No. 115 of 1990) and the International Air Services Licensing Act, 1993 (Act No. 60 of 1993); and
(b) submit an application to the Director in the appropriate prescribed form , signed by both parties, together with the appropriate fee as prescribed in Part 187 for prior approval to wet lease-in the aircraft. Where the Director approves a wet lease-in involving a foreign operator, a copy of the duly completed form prescribed in Document SA-CATS 48 must be forwarded to the International Air Services Council or the Air Service Licensing Council, as applicable, for record keeping purposes.

 

(2) The duration of the lease agreement concerned, in respect of foreign-registered aircraft, shall be limited to a maximum period of six consecutive calendar months in any 12-months period calculated from the date on which the Director approves the lease.

 

(3) The approval referred to in subregulation (2) may, subject to such conditions as the Director may determine, be granted if such aircraft—
(a) is wet leased-in from an operator (the lessor) who is the holder of an operating certificate or similar document issued by an appropriate authority;
(b) has been type-certificated by an appropriate authority;
(c) holds a valid certificate of airworthiness or similar document issued by an appropriate authority;
(d) is maintained and operated in accordance with safety standards at least equivalent to the safety standards referred to in these Regulations in respect of aircraft operated in a commercial air transport operation; and
(e) will be operated in terms of the operating certificate or similar document held by the lessor: Provided that, if the operator concerned is a foreign operator, the appropriate authority of the State of the Operator and the Minister may enter into an Article 83bis Agreement as provided for in Subpart 6 in terms of which it is agreed that the aircraft shall be operated in terms of the operating certificate of the South African lessee, and that certain specified oversight responsibilities be transferred from that authority to the Director.

 

(4) The lessee must—
(a) satisfy the Director that the safety standards of the lessor are not less than the applicable safety standards referred to in these Regulations; and
(b) ensure that any law applicable to the aircraft to be wet leased-in, and the maintenance or operation thereof, is complied with.

 

(5) The total number of wet leased-in aircraft, either foreign or South African registered, may not constitute more than half the number of aircraft listed on the operating certificate of the operator referred to in subregulation (1) (the lessee).

 

(6) The conditions of approval referred to in subregulation (1)(b) must be part of the lease agreement between the lessor and the lessee.

 

(7) Should any agreement, contemplated in subregulation (3)(e), have been concluded, such agreement must be formally registered with the Council of ICAO and the appropriate authority of any third State affected must be notified.