1 General
1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.
The principal aviation legislation applicable in the British Virgin Islands ("BVI") is as follows:
- the Air Navigation (Overseas Territories) Order, 2013, as amended ("ANOTO");
- the Overseas Territories Aviation Requirements ("OTAR");
- the Airports Act, 2003 ("AA");
- the Mortgaging of Aircraft and Aircraft Engines Act, 2011; and
- the Mortgaging of Aircraft and Aircraft Engines Regulations, 2012.
The ANOTO is the highest level of civil aviation regulation applicable in the United Kingdom ("UK") overseas territories, including the BVI. It is administered by the Air Safety Support International ("ASSI"), a not-for-profit, wholly-owned, subsidiary company of the UK Civil Aviation Authority ("CAA").
Historically, airports in the BVI were run by a government department (the Department of Civil Aviation in the Ministry of Communication), which handled both the operation and regulation of airports in the BVI. After the passing of the AA and incorporation of the BVI Airports Authority ("BVIAA"), a limited liability company, both functions are now separated with the BVIAA owning and operating all airports within the BVI, while the ASSI handles the regulation of airports in the BVI.
ASSI
The key functions performed by the ASSI are:
- overseeing the UK overseas territories in relation to aviation matters;
- providing a cohesive system of civil aviation safety regulation in the UK overseas territories; and
- supporting existing authorities in the UK overseas territories through processes by which aircraft operators, aviation personnel and providers of related services gain approvals, licences and certificates, including air traffic control (as described in the OTAR under the ANOTO).
BVIAA
The objectives of the BVIAA are (as described in s5 of the AA):
- to acquire, own, operate, control, manage, develop, administer and maintain the international airport and any extension thereof, as a commercial undertaking, in a manner which recognises its role as an international airport and for the benefit of the economy of the BVI;
- to acquire, own, operate, control, manage, develop, administer and maintain any designated airport in the BVI as a commercial undertaking and for the benefit of the economy of the BVI;
- to provide and maintain, on a commercial basis, facilities and services for air transport and such other facilities and services as are necessary or desirable for, or in connection with, the international airport or any designated airport;
- to collect such dues and charges as the BVIAA may be authorised (by an enactment) to collect;
- to use, develop and manage, on a commercial basis, all lands vested in, transferred or leased to, the BVIAA;
- generally to carry out the provisions of the AA; and
- to do anything that is incidental to or connected with the objectives of the BVIAA.
1.2 What are the steps which air carriers need to take in order to obtain an operating licence?
An air carrier must have its principal place of business in the BVI in order to apply for an air operator certificate ("AOC") and be involved in commercial air transport. An AOC indicates that its holder is competent to secure the safe operation of aircraft (of the types specified thereunder) on flights (of the description and for the purposes specified thereunder). The air carrier must complete its application for an AOC to the Governor (as defined below) not less than 90 days before the date of intended operation, unless a shorter period is acceptable to the Governor. In order to qualify for an AOC, the air carrier must satisfy all of the conditions under the ANOTO and requirements under the OTAR; that is, an AOC will be issued to an air carrier if:
- its principal place of business is located within the BVI;
- it meets the applicable requirements of Subpart B under the OTAR;
- the accountable manager for the operation is a person competent to take overall responsibility for the operation and safety of each flight operated;
- its nominated postholders required by the OTAR (paragraph 119.53(a)(1) and (2)) are fit and proper persons; and
- the granting of such AOC is not contrary to the interests of aviation safety
"Governor" means the person for the time being administering the government of the BVI and includes any person as being designated to such functions under the ANOTO.
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Originally Published by ICLG
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
