Form Number: CA-48-04 Section/division: Flight Operations Telephone number: 011-545-1000 Fax Number: 011-545-1350 Physical address: Ikhaya Lokundiza, 16 Treur Close, Waterfall Park, Bekker Street, Midrand, Gauteng Postal address: Private Bag X73, Halfway House 1685 Website: www.caa.co.za EVALUATE LEASE AGREEMENT Name of Operator/Lessor Base of Operation Name of Operator/Lessee Contact Person: Cell phone number SACAR Ref CAR Part 48 Inspector to obtain copy TO BE COMPLETED BY FLIGHT OPERATIONS AND AIRWORTHINESS INSPECTORS Where it has not been specified as to which lease agreement is applicable, it will be assumed that the contents apply to all lease agreements. FLIGHT OPERATIONS N/A YES NO NOTE NR APPLICATION Is the application form signed by both parties? Is there proof of payment of the relevant fee? Where the Director approves a dry/wet lease-in involving a foreign operator, a copy of the duly completed form prescribed in Document SA-CATS 48 must be forwarded to the International Air Services Council or the Air Service Licensing Council, as applicable, for record keeping purposes. (for wet lease agreements, this condition must also be part of the agreement) GENERAL KEEP A COPY OF A LEASE AGREEMENT DETERMINE AIRWORTHINESS INSPECTOR INVOLVED Are both parties (lessor/lessee) properly identified on the lease agreement? Is the agreement signed by both parties? Are all amendments, i.e. deletions/strikeovers and corrections initialled by both parties? Is the aircraft identified by Registration Marks and Serial Number? Does the Lease Agreement grant exclusive possession and use to the Lessee? If the Lessor is not the Owner of the aircraft, is there a Lease Agreement between Lessor and Owner detailing the use and sublease of the aircraft? If the aircraft is mortgaged, has the Financial Institution been notified of the lease? Effective Date: Expiry Date: CA 48-04 09 MARCH 2017 Page 1 of 5
If foreign registered aircraft (dry/wet leased-in), period of lease agreement should be for a period not exceeding six consecutive calendar months in any 12-months period calculated from the commencement date. AIRCRAFT Make, model and registration and serial numbers: Number of aircraft involved? Note: If foreign registered aircraft (dry/wet leased-in), the number of aircraft should not be more than the number of aircraft listed on that operator s operating certificate. Note: the appropriate authority of the State of Registry must be in a position to carry out its oversight responsibilities effectively if there is no transfer of oversight responsibility. Operations Inspector must ensure that the aircraft is operated in accordance with the lessee s AOC and related OPSPECS including the Operations Manual. (Ops Manual) AIRWORTHINESS Is the aircraft to be leased-in type certified in terms of the requirements of Part 21? Will the aircraft to be leased be maintained in accordance in with an approved maintenance schedule and current manufacturer s maintenance manual? Is there a copy of a Maintenance Agreement with a properly rated AMO for all bases where maintenance will be required? (Scheduled and non-scheduled maintenance) In a case of a foreign registered aircraft, if there is no transfer of oversight responsibilities and the State of Registry still cannot carry out such oversight responsibility effectively, then the aircraft to be dry leased-in must be registered in the Republic. If so, Inspector to confirm the following: Aircraft shall be subject to the airworthiness certification, maintenance and inspection procedures prescribed by the SA Civil Aviation Regulations. Responsibility of aircraft shall be vested in the lessee operator. Responsibility for the airworthiness and maintenance of the aircraft shall be vested in the lessee operator. Registration of such aircraft shall be valid only for the duration of the lease agreement, for as long as the aircraft is operated in accordance with the Regulations, terms and conditions specified in the lessee s AOC and related OPSPECS and lessee s maintenance control manuals. Does the dry lease agreement include all arrangements concerning the party s responsibilities in respect of the airworthiness of the aircraft? OPERATION Is the crew involved? Are both cabin/flight deck crew from same operator? Determine Operational Control: Note: In case of a dry lease in/out aircraft will be operated under operating certificate held by the lessee and the applicant will not operate the air service concerned contrary to any provisions of the Act, the International Air Service Act, 1993 or the Air Service Licensing Act, 1990. CA 48-04 09 MARCH 2017 Page 2 of 5
Whenever an Article 83bis Agreement (as provided for in Subpart 6) is entered into between the Minister and another State where specified oversight responsibilities are transferred from one authority to another, such agreement should be formally registered with the Council of ICAO and the appropriate authority of any third State affected must be notified. Airworthiness and Operations Inspectors must ensure that, where a South African registered aircraft is leased-out to an operator in a Contracting State, that an Article 83bis Agreement is in place whereby the State of the Operator has accepted responsibility for surveillance of the maintenance and operation of the aircraft in terms of the applicable requirements of Part 48 Subpart 6. When a South African registered aircraft is dry/wet leased-out to an operator in a State that is a non Contracting State, the Minister may not transfer responsibility for surveillance of the operation of the aircraft to the relevant authority of that State, and the lessor operator shall be liable for any costs incurred by the Authority in carrying out its oversight function in respect of such aircraft. The lessor operator shall be liable also for any such costs in respect of an aircraft for which no transfer of duties, as contemplated above, has been agreed upon. Note: Where an aircraft is dry leased-out but remains on the lessor s AOC, the above may apply with the necessary changes. THE FOLLOWING APPLIES TO WET LEASE-IN AGREEMENTS Does the SA Operator hold an appropriate operating certificate applicable to the category and type of aircraft in terms of the Air Services Licensing Act, 1990 (Act No. 115 of 1990) and the International Air Services Licensing Act, 1993 (Act No. 60 of 1993)? Is the aircraft wet leased-in from an operator (the lessor) who is the holder of an operating certificate or similar document issued by an appropriate authority? Oversight responsibility with regard to operations? Note: If the operator concerned is a foreign operator, the appropriate authority of the State of the Operator and the Minister may enter into an Article 83bis Agreement as provided for in Subpart 6 in terms of which it is agreed that the aircraft shall be operated in terms of the operating certificate of the South African lessee, and that certain specified oversight responsibilities be transferred from that authority to the Director. CONFIRM RESPONSIBILITIES OF PARTIES INVOLVED IN RESPECT OF WET LEASES: Flight and cabin crew member certification Crew member training, competency and currency Scheduling of crew members Dispatch or flight-following Insurance arrangements Has the lessee satisfied the Director that the safety standards of the lessor are not less than the applicable safety standards referred to in the SA Civil Aviation Regulations? Has the lessee ensured that any law applicable to the aircraft to be wet leased-in, the operation thereof, is complied with? AIRWORTHINESS Has aircraft been type-certificated by an appropriate authority? Does the aircraft hold a valid certificate of airworthiness or similar document issued by an appropriate authority? Is the aircraft maintained in accordance with safety standards at least equivalent to those referred to in SA Civil Aviation Regulations in respect of aircraft operated in a commercial air transport operation? CA 48-04 09 MARCH 2017 Page 3 of 5
Has the lessee satisfied the Director that the safety standards of the lessor are not less than the applicable safety standards referred to in the SA Civil Aviation Regulations? Has the lessee ensured that any law applicable to the aircraft to be wet leased-in, the maintenance thereof, is complied with? CONFIRM RESPONSIBILITIES OF PARTIES INVOLVED IN RESPECT OF ALL LEASE AGREEMENTS: Airworthiness of the aircraft and performance of maintenance Signing the maintenance release THE FOLLOWING APPLIES TO WET LEASE-OUT AGREEMENTS The South African operator of a South African registered aircraft who intends to wet lease-out the aircraft to any non South African operator, where the non South African operator is licensed in a non contracting State, must remain the operator of the aircraft in terms of his or her operating certificate, and responsibility for surveillance of the maintenance and operation of such aircraft may not be transferred to the appropriate authority of the State of the Operator to which such aircraft is wet leased-out. Will the SA registered aircraft only be used in commercial air transport operations to and from the Republic? Does the lessee have traffic rights to enter SA? A South African operator, who agrees to wet lease-out an aircraft to another South African operator, must remain the operator of the aircraft and must retain the functions and responsibilities prescribed in his, her or its operating certificate. The lessee operator, who in terms of the Air Services Licensing Act, 1990, or International Air Services Act 1993 (as the case may be) is required to be actively and effectively in control of the air service, must ensure that the lessor operator adheres to the conditions of the latter's operating certificate and its operating specifications, which conditions may not be in conflict or less than the conditions of the lessee operator's operating certificate. The terms of an approved wet lease agreement between South African operators must include the following: The arrangement concerning the operating certificate under which the flights with the leased aircraft shall be operated Any deviation from the operating certificate under which the flights with the leased aircraft shall be operated Any conditions prescribed in granting such approval must be incorporated by the operators into the lease agreement. DAMP LEASE When an aircraft is damp leased with only a partial crew (whether flight or cabin crew) provisions of wet lease agreements shall apply with the necessary changes in respect of crew provided as part of the lease, while the Regulations for dry lease agreements shall apply with the necessary changes in respect of the aircraft provided by the lessee. The cabin or flight crew members provided by the lessee for the operation must undergo the Standard Operating Procedures (SOP) training of the lessor prior to the commencement of any commercial air transport operation. FLIGHT OPERATION INSPECTOR NOTES CA 48-04 09 MARCH 2017 Page 4 of 5
FLIGHT OPS AIRWORTHINESS INSPECTOR NOTES RECOMMENDED/NOT RECOMMENDED SIGNATURE OF FLIGHT OPERATIONS INSPECTOR NAME IN BLOCK LETTERS DATE RECOMMENDED/NOT RECOMMENDED SIGNATURE OF FLIGHT OPS AIRWORTHINESS INSPECTOR NAME IN BLOCK LETTERS DATE CA 48-04 09 MARCH 2017 Page 5 of 5