A review of airworthiness assurance within international dry operating leases

Yang, Y and Bardell, N 2017, 'A review of airworthiness assurance within international dry operating leases', in Australasian Transport Research Forum (ATRF) 2017 Proceedings, Auckland, New Zealand, 27-29 November 2017, pp. 1-16.


Document type: Conference Paper
Collection: Conference Papers

Title A review of airworthiness assurance within international dry operating leases
Author(s) Yang, Y
Bardell, N
Year 2017
Conference name 39th Australasian Transport Research Forum 2017
Conference location Auckland, New Zealand
Conference dates 27-29 November 2017
Proceedings title Australasian Transport Research Forum (ATRF) 2017 Proceedings
Publisher Australasian Transport Research Forum
Place of publication Australia
Start page 1
End page 16
Total pages 16
Abstract In the case of cross-border international dry operating leases, airworthiness assurance will largely depend on the type of registration that applies to a leased aircraft - whether it is operated under owner-only registration or under operator-only registration. Owner-only registration is discussed with reference to ICAO Article 83 bis, a protocol intended to simplify cross-border leasing and provide an international framework by which some or all of the airworthiness responsibilities may be transferred from the State of registry (lessor) to the State of the operator (lessee). Operator-only registration requires the National Aviation Authority (NAA) in the State of the operator (lessee) to take full responsibility supervising the continuing airworthiness of the aircraft under its own regulatory system, and ensuring there are no breaches of the lease contract by the operator (lessee). Finally, the recent surge of interest in aircraft leasing companies setting up Special Purpose Vehicles which can operate under owner-only registration or operator-only registration is examined from an airworthiness perspective. It is concluded that although an owner-only registration made using ICAO Article 83 bis will generally provide the most robust means of assuring the airworthiness of internationally leased aircraft, such leases are less popular than those struck under operator-only registration; this is attributed to the financial, legal, and business advantages offered by operator-only leases and related SPV arrangements. Some recommendations to redress this situation are offered.
Subjects Aerospace Engineering not elsewhere classified
Copyright notice © ATRF 2017
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