ICAO 10059:2017
$16.90
Manual on the implementation of Article 83 bis of the Convention on International Civil Aviation
Published By | Publication Date | Number of Pages |
ICAO | 2017 | 69 |
FOREWORD
The past three decades have seen air operators increasingly use foreign registered aircraft for various reasons. Aircraft are being leased, chartered, interchanged or otherwise operated outside the State of Registry, sometimes for long periods of time. Such arrangements play a significant role in the provision of international air services and are legitimate from a regulatory perspective. Nevertheless, they result in numerous aircraft of all types being subject globally to split oversight responsibility. The separation of the State of Registry and the State of the Operator (or the State of the principal location of a general aviation operator) can present problems from a safety viewpoint unless oversight responsibilities between the two States are clearly delineated. The optimum and correct use of Article 83 bis assists in countering such potential safety risks.
While leasing, charter, interchange or other similar arrangements continue to grow, relatively few bilateral agreements implementing Article 83 bis have been notified to ICAO (as of 31 December 2016, 412 agreements had been registered). Additionally, information from the ICAO Universal Safety Oversight Audit Programme (USOAP) has shown that many agreements entered into under Article 83 bis do not meet the requirements of that Article and that the majority of States party to Article 83 bis have not modified their national rules to account for the transfer of duties and responsibilities as envisaged by Article 83 bis.
To provide assistance to Contracting States wishing to apply Article 83 bis, detailed guidance material was issued by the ICAO Secretariat in 2003 through Circular 295 ā Guidance on the implementation of Article 83 bis of the Convention on International Civil Aviation. That guidance material has been further reviewed and enhanced in light of the application of Article 83 bis since 2003, with the substantive assistance of a dedicated ICAO Task Force, and is now offered in this manual. The manual provides guidance on the proper implementation of Article 83 bis, for use by Contracting States, with the aim of greater usage of Article 83 bis agreements and a more uniform application of the Article.
Additional guidance on the applications of Article 83 bis for licensing, surveillance and certification purposes can be found in the Manual of Procedures for Establishment and Management of a Stateās Personnel Licensing System (Doc 9379) and the Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (Doc 8335).
Finally, the Manual on the Regulation of International Air Transport (Doc 9626) and the Policy and Guidance Material on the Economic Regulation of International Air Transport (Doc 9587) provide related guidance.