Procedures established for the suspension, variation or revocation of an AOC or PAOC are as follows:
Voluntary Action
In the event of an Air Operator Certificate (AOC) holder becoming aware that their documentation is no longer valid or appropriate, it is encouraged that a request is put in writing for the Certificate to be revoked, suspended or varied as necessary.
- Upon receipt of such a request, the CAA is able to revoke, suspend or vary the Certificate immediately.
- In the case of a limited company, the request should be signed by the company Director.
- If the company has ceased trading, the request should be made by the Administrator or Receiver.
CAA-led Action
In the event that action is taken by the CAA without the consent of the AOC or PAOC holder, Regulation 6 of the Civil Aviation Authority Regulations 1991 provides an appeal procedure. The reasons upon which the decision is based will be detailed in a notification letter.
- Suspension will be considered by the CAA only when there is a realistic prospect of the operator rectifying an issue within a reasonable time span. The operator must demonstrate that they have in place a plan for recommencing operation and the CAA should be regularly informed of their progress.
- Article 228(1) of the Air Navigation Order allows the CAA to provisionally suspend or vary an AOC pending inquiry into, or consideration of, the case.
- The inquiry or consideration may take the form of the Regulation 6 appeal procedure or investigation by the CAA.
- The provisional suspension or variation of an AOC can have a devastating effect on the viability of an operation and will be considered only when serious safety concerns arise.
- Once the matter is resolved, the AOC will be re-instated, varied or revoked as appropriate.
Justification
Actions taken by the CAA will be justified by clear supporting evidence. In most cases, a gradual deterioration in competence is witnessed, often linked to failure on the operators part to address significant deficiencies.
- When such a situation is observed, the operator will be informed that their Certificate is at risk unless positive remedial action is undertaken within a specific time frame.
- The operator will be left in no doubt as to what is required and will be invited to respond, setting out how they intend to restore confidence.
- The assigned Flight Operations Inspector may, if it is considered appropriate, offer assistance to the operator in prioritising their actions.
- Failure by the operator to deliver improvements within the agreed time frame may constitute grounds on which suspension or variation may be considered.
Re-instatement of Suspended documents
The holder of a suspended Certificate may apply for the suspension to be lifted.
- In order for a suspension to be lifted, the assigned Flight Operations Inspector must be satisfied that the operator is able to safely and competently operate all aircraft types on their AOC.
- If the suspension has been in force for only a short period of time and there has been no change in the management of facilities of the operation, minimal investigation will be required. If suspension has been in force for a considerable amount of time, a full audit and inspection may be necessary.
- Investigations will be conducted promptly in order for operations to recommence with the minimum of delay.
- The holder of a suspended document is required to continue paying charges to the CAA.
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