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

Regulation

Civil Aviation Regulations, 2011

Part 48 : Leasing of Aircraft

Subpart 6 : Transfers of Responsibilities between States

48.06.5 Transfer of responsibilities

 

(1) The Article 83bis Agreement must specifically mention the functions and duties to be transferred and those functions not mentioned will be deemed to remain with the State of Registry. A listing of responsibilities regarding airworthiness that may or may not be transferred between States is contained in Document SA-CATS 48.

 

(2) Where an Article 83bis Agreement has been concluded, the State of Registry shall be relieved of responsibility and, where applicable, of liability in respect of the functions and duties duly transferred to the Authority, and the latter must apply these regulations.

 

(3) The Department of Transport must ensure that prescribed information concerning the existence of an Article 83bis Agreement relating to aircraft operating to or from the Republic's territory is promptly relayed to any South African authority involved in inspection.

 

(4) For the purpose of identifying individual States' responsibility for safety oversight on the occasion of any verification process, such as ramp inspections, a certified true copy of the Article 83bis Agreement and of the operating certificate under which the aircraft is operated and in which it is listed must be carried on board the aircraft at all times while the Article 83bis Agreement is in force.

 

(5) Document SA-CATS 48 contains examples of suitable Article 83bis Agreements.