Leasing of Aeroplanes

Leasing, in aviation law, is the situation whereby an aeroplane is used by one operator, whilst the ownership title remains with another operator. The operator using the aeroplane pays the owner an agreed sum for the use of the aeroplane over a specified period. The types of leases are described below. They can range from an arrangement whereby an airline “borrows” an aeroplane to use whilst one of its own is unusable, to the situation where an airline does not own any aeroplanes but operates a fleet of leased aeroplanes painted in the company livery, on a long term basis.

The following terminology is generally used with regard to leasing of aeroplanes:

Dry Lease

This is when the leased aeroplane is operated under the AOC of the lessee (the operator borrowing the aeroplane).

Wet Lease

This is when the leased aeroplane is operated under the AOC of the lessor (the operator lending the aeroplane to the lessee).

The following terminology has the meaning stated in the context of EASA operations:

Wet Lease-out

This is the situation in which an EASA operator providing an aeroplane and complete crew to another EASA operator remains the operator of the aeroplane. (The aeroplane is operated under the AOC of the lessor)

Other Leasing

An EASA operator utilizing an aeroplane from, or providing it to another EASA operator, must obtain prior approval from his respective authority. Any conditions, which are part of this approval, must be included in the lease agreement. Those elements of lease agreements which are approved by the authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibility is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

The following terminology and rules apply to leasing between an EASA operator and a nonEASA organisation.

Dry Lease-in

Before an EASA operator is permitted to dry lease-in an aeroplane from a non-EASA source, the approval of the Authority is required. Any conditions of this approval are to form part of the leasing agreement. Where an aeroplane is dry leased-in, the EASA operator is to notify the authority of any differences to the requirements of EU-OPS 1 with regard to Instruments and Communications equipment fitted to the aeroplane, and receive confirmation from the Authority that the differences are acceptable.

Wet Lease-in

No EASA operator shall wet lease-in an aeroplane from a non-EASA source without the approval of the authority. Concerning wet leased-in aeroplanes, the EASA operator is to ensure the safety standards of the lessor with respect to maintenance are equivalent to current

EU-OPS General Requirements 2

Requirements General OPS-EU 2

regulations; the lessor is an operator holding an AOC issued by a state which is a signatory of the Chicago Convention; the aeroplane has a standard CofA issued in accordance with ICAO Annex 8 (A C of A issued by an EASA member state other than the state responsible for issuing the AOC, will be accepted without further showing when issued in accordance with CS-21); and any EASA requirement made applicable by the lessee’s Authority is complied with.

Dry Lease-out

An EASA operator may dry lease-out an aeroplane for any purpose of commercial air transport to any operator of a state which is a signatory of the Chicago Convention providing that the Authority has exempted the EASA operator from the relevant provisions of EU-OPS Part 1 and, after the foreign regulatory Authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and the aeroplane is maintained in accordance with an approved maintenance programme.

Wet Lease-out

An EASA operator providing an aeroplane and complete crew and retaining all the functions and responsibilities described in EU-OPS 1 Sub Part C (Operator Certification and Supervision), shall remain the operator of the aeroplane.

Questions

1.What are the language requirements for crew?

a.Flight Crew must be able to speak the language in common use in all countries through which they operate

b.Cabin crew must be able to speak English

c.Cabin crew must learn the language of the flight crew

d.Flight crew must be able to communicate with cabin crew in a common language

2.What must the Flight Safety Programme of all Operators include?

a.Risk awareness and accident evaluation.

b.Instances of AUM exceedance.

c.Details of flight hours for Flight crew

d.Occasions when aeroplanes land with minimum fuel.

3.What must the Operator ensure with regard to additional crew?

a.They must be allocated seats in business class

b.They must be type rated and current on type

c.They must not occupy seats by emergency exits

d.They must be easily distinguishable from cabin crew

4.What are the rules for aircraft to comply with ditching requirements?

a.400 minutes or 120 NM from an aerodrome

b.400 NM or 120 minutes from an aerodrome

c.400 NM or 120 minutes from land

d.400 minutes or 120 NM from land

5.Which of the following are not required to be carried on each flight?

a.CofA

b.NOTAMS and AIS briefing material

c.European Health Insurance Card (EHIC) for all crew

d.Third party insurance certificate

6.If EU Operator A wet leases an aeroplane from EU operator B, who is responsible for the airworthiness of the aircraft?

a.A

b.B

c.Both are equally responsible

d.It depends on the year the aircraft was first registered.

Questions 2

Answers 2