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are leased, chartered or interchanged — in particular without
crew — by an operator of another State and that the Convention
may not adequately specify the rights and obligations of
the State of an operator in such instances until such time as
Article 83 bis of the Convention enters into force. Accordingly,
the Council urged that if, in the above-mentioned instances,
the State of Registry finds itself unable to discharge adequately
the functions allocated to it by the Convention, it delegate to
the State of the Operator, subject to acceptance by the latter
State, those functions of the State of Registry that can more
adequately be discharged by the State of the Operator. It was
understood that pending entry into force of Article 83 bis of
the Convention the foregoing action would only be a matter of
practical convenience and would not affect either the provisions
of the Chicago Convention prescribing the duties of the
State of Registry or any third State. However, as Article 83 bis
of the Convention entered into force on 20 June 1997, such
transfer agreements will have effect in respect of Contracting
States which have ratified the related Protocol (Doc 9318)
upon fulfilment of the conditions established 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 Contracting State, nothing in this Part prevents the
States concerned entering into an agreement for the joint
exercise of the functions placed upon the State of Registry by
the provisions of the relevant Annexes.
3.1 Compliance with laws,
regulations and procedures
3.1.1 An operator shall ensure that all employees when
abroad know that they must comply with the laws, regulations
and procedures of those States in which operations are conducted.
3.1.2 An operator shall ensure that all pilots are familiar
with the laws, regulations and procedures, pertinent to the
performance of their duties, prescribed for the areas to be
traversed, the aerodromes to be used and the air navigation
facilities relating thereto. The operator shall ensure that other
members of the flight crew are familiar with such of these laws,
regulations and procedures as are pertinent to the performance
of their respective duties in the operation of the aeroplane.
Note.— Information for pilots and flight operations
personnel on flight procedure parameters and operational
procedures is contained in PANS-OPS, Volume I. Criteria for
the construction of visual and instrument flight procedures are
contained in PANS-OPS, Volume II. Obstacle clearance criteria
and procedures used in certain States may differ from PANSOPS,
and knowledge of these differences is important for safety
reasons.
3.1.3 An operator or a designated representative shall
have responsibility for operational control.
Note.— The rights and obligations of a State in respect to
the operation of aeroplanes registered in that State are not
affected by this provision.
3.1.4 Responsibility for operational control shall be
delegated only to the pilot-in-command and to a flight operations
officer/flight dispatcher if an operator’s approved method
of control and supervision of flight operations requires the use
of flight operations officer/flight dispatcher personnel.
Note.— Guidance on the operational control organization
and the role of the flight operations officer/flight dispatcher is
contained in the Manual of Procedures for Operations Inspection,
Certification and Continued Surveillance (Doc 8335).
Detailed guidance on the authorization, duties and responsibilities
of the flight operations officer/flight dispatcher is contained
in the Preparation of an Operations Manual (Doc 9376).
The requirements for age, skill, knowledge and experience
for licensed flight operations officers/flight dispatchers are
contained in Annex 1.
3.1.5 If an emergency situation which endangers the
safety of the aeroplane or persons becomes known first to the
flight operations officer/flight dispatcher, action by that person
in accordance with 4.6.2 shall include, where necessary,
notification to the appropriate authorities of the nature of the
situation without delay, and requests for assistance if required.
3.1.6 If an emergency situation which endangers the
safety of the aeroplane or persons necessitates the taking of
action which involves a violation of local regulations or
procedures, the pilot-in-command shall notify the appropriate
local authority without delay. If required by the State in which
the incident occurs, the pilot-in-command shall submit a report
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