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and Regisiratiori of Aircrafi Operated by lnternaiinnal
Operating Agencies ~vlzich can be forrnd in Policy and
Guidance Material on the Economic Regulation of
International Air Transport (Doc 9587).
State of the Operator. The State in which the operator's
principal place of business is located or, if there is no such
place of business, the operator's permanent residence.
Sy~ztlzeticJ liglzt trcliner. Any one of the following three types
of apparatus in which night conditions are simulated on the
ground:
A flight sim~ilator, which provides all accurate
representation of the flight deck of a particular aircraft
type to the extent that the mechanical, elccmical,
eleclronic, etc. aircraft systems coiltrol functions, the
normal environment of fljght crew members, and the
performance and flight characteristics of that type of
aircraft are realistically simulated;
Aflight procedures trainer, which provides a realistic flight
deck environment. and which sinlolates illstn~menl
responses. simple control functions of mechanical,
electrical, electronic, etc. aircraft systems, and the
performance and flight characteristics of aircraft of a
particular class;
A basic instrziment flight trainer, which is equipped with
appropriate instruments, and which simulates the tlight
deck environment of an aircraft in flight in insburrlent
flight conditions.
Vislral meteorological conditions (VMC). Meteorological
conditions expressed in terms of visibility, djstancc from
cloud, and ceiling", equal to or better than specified
minima.
Nore.- The specified rnirzima are contained irz Chapter 4
qf Annex 2.
* As defined in Annex 2.
1711 1103
No. 28
CHAPTER 3. GENERAL
Note 1.- Although the Conventioll on International Civil
Aviation albcates to the Stare of Registry cerfain functioris
which that Stare is entitled to discharge, or obligated to
discharge, as the case m y be, the Assernbly recognized, in
Resolzition A23-13 that the State ofRegistry may be urlahle to
fulfil its wsponsibilities adegllately in instances where aircrafi
are leased, chartend or interchanged - in particular without
crew - by url operafor qf another State and that the
Corn'ention may nor adequately specrfj' the righis and
obligations oj. the State of an operator in such instunces until
such time as Article 93 bis of the Corrvention enters intoforce.
Accorditigl~ the Coltncil urged that ij; in the above-mentioned
trrstances, rhe State ofR cg'Sis~ryfirzdsit self ina able to discl~arge
adeqzturely the firnctions allocared to it by the Cunwnfion, it
delegate to the State of the Operator; suhject to acceprctnce by
the latter State, thosefunciions of the State ofRegisrry tlzar can
rnore adequately be discharged bv the State of the Operator It
was understood that pet~ding entry into force ofArticle 83 bis
of rhe Convention ihe foregoing action would only be a matter
of practical conveniertce and would not nfff!ct either the pmvisions
of the Chicago Convention the duties of the
State of Regisfry or any third State. However: as Article 83 bis
of the Convention entered into force on 20 June 1997, such
transfer ugrccments will have cffect in respect of Contracting
States which have ratified the related Protocol (Doc 9318)
upon fulfilment of the conditions estabZished in Article 83 bis.
Note 2.- In the case of international operations effected
jointly with aeroplanes not all of which are registered in the
same Contmcting Stare, nothing in this Part prevents the Stares
concerned entering into an agreement for the joint exercise of
the functions placed upon the State qf Registry by the
provisions of the relevant Annexes.
3.1 Compliance with laws,
regulations and procedures
3.1.3 An operator or a designated representative shall
have responsibility for operational control.
Note.- The rights and obligations of n State in respect to
rlze operation of aeroplanes registered in that State ore not
uffected l7y this provision.
3.1.4 Tf an emergency situation whicl~ endangers the
safety of the aeroplane or persons necessitates the &ng of
action which involvcs a violation 01 local regulations or
procedures, the pilot-in-comtnutd shall notify the appropriate
local authority widlout delay. If required by the State in which
the incident occurs, the pilot-in-commantl shall submit a report
on any such violation to the appropriate nuthorjiy d such
State: in that event, the pilot-in-command shall also submit a
copy of it to the State of the Operator. Such reports shall be
submitted as soon as possible and normalty within ten days.
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