Guidance on International, European and UK regulation and legislation.
ICAO Contracting States undertake to regulate aviation in their country. The State of Registry of the aircraft, in accordance with current Community and national law, sets criteria to ensure compliance with design standards, airworthiness and crew licensing; other matters are also covered. States license and supervise certificated carriers (e.g. AOC holders) with a view to setting standards designed to achieve a certain level of safety. When an aircraft registered in one State passes to the control of an operator in another State, the State of Registry may be unable to discharge the obligations allocated to it by the ICAO Convention. These obligations, set out in ICAO Annex 6, automatically fall on the State of Operator. This situation is resolved by the regulatory authorities of the two States agreeing to a common understanding of oversight responsibilities for the aircraft for a set period.
Regulation (EC) No. 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community (Recast)
Article 13 of Regulation (EC) No. 1008/2008 deals with aircraft leasing.
Article 13(2) requires prior safety approval (in accordance with applicable Community or national law) for:
The Regulation does not require prior approval for wet leasing-out (i.e. where the UK operator is the lessor of the wet leased aircraft). However, the Air Operations Regulation (EU Reg 965/2012) does require prior notification to the UK CAA (FOI and Leasing Co-ordinator) when wet leasing-out their aircraft. Note: Please see Part-ORO, paragraph ORO.AOC.110(f)) and AMC1 ORO.AOC.110(f) for further information.
Wet leasing-in of an aircraft registered in a third country (i.e non-Community lessor) requires prior approval under Article 13(3) of Regulation (EC) No. 1008/2008. This is currently issued by the Department of Transport (DfT) and requires recommendation on equivalent safety standards from the UK CAA. [Please Note: The UK AOC holder must also request prior approval from the UKCAA in accordance with EU Reg 965/2012, Part-ORO, ORO.AOC.110 Please also refer to AMC1 ORO.AOC.110 (General).
Regulation (EU) No. 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council - applies to commercial air transport aeroplanes and helicopters. The following gives an overview of the Leasing approval requirements with the Air Operations Regulation:
In the United Kingdom, lease safety approvals are required under one of two Regulations depending on the type of lease involved:
Please use the following links to access further information:
Details of the charges to be paid to the CAA in connection with processing Aircraft Leasing applications can be found in the CAA Scheme of Charges, as published in the Official Record Series 5 (ORS5).
The ORS5 documents relating to leasing application charges are: ·
When the non-UK registered aircraft has been leased-in by a UK AOC holder and used on routes between the UK and points outside the European Economic Area (EEA), a Permit issued under Article 223 of the UK Air Navigation Order 2009 is required.
Applications and the associated fee to obtain a Foreign Carrier Permit should be made to the CAA’s Permit team. Contact details and further information can be found using the following link.