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Air Navigation (Fees for Certificates and Services) Regulations 2000

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Air Navigation (Fees for Certificates and Services) Regulations 2000
AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

1

BR 16 / 2000

AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 1989

S.I. 1989 : No. 2395

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

His Excellency, the Governor, in exercise of the powers conferred
upon him by Article 98 of the Air Navigation (Overseas Territories) Order
1989 as applied to Bermuda makes the following Regulations:

Citation
1 These Regulations may be cited as the Air Navigation (Fees for
Certificates and Services) Regulations 2000.

Interpretation
2 References to the weight of an aircraft are, for the purposes of
these Regulations, references to the "maximum total weight authorised"
as defined in Article 99(1) of the Air Navigation (Overseas Territories)
Order 1989.

Fees
3 The fees set out in column 2 of the Schedule hereto shall be
chargeable and payable in relation to the items specified in column 1
thereof.

General provisions
4 (1) In connection with any thing done pursuant to any of the
items set out in the Schedule to these Regulations, the Minister of
Transport may—

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(a) require the payment of the whole or a portion of the fee
or fees payable upon application or in advance of any
licence, approval or other document being issued;

(b) withhold such fees as he may think fit to cover the costs
of any services performed to the point of termination of
any application through withdrawal, refusal or other
form of termination, and return to the applicant the
remainder of any deposit which may have been made;

(c) charge any additional actual costs arising from services
performed or investigations conducted in connection
with any application, where the actual costs of such
activities exceed the fees set out in the Schedule to these
Regulations;

(d) recharge the amount of any disbursements made, in
connection with any application or investigation, to
bodies outside the Department of Civil Aviation,
including but not limited to communications charges
and to add an administrative fee of ten per centum to all
such charges.

(2) In this regulation, the expression "investigation" includes
an inspection, examination, calculation, test or any other form of work
expended in the consideration of any application.

Revokes BR 63/1997
5 The Air Navigation (Fees for Certificates and Services)
Regulations 1997 are revoked.

Commencement
6 These Regulations came into force on ........................................

SCHEDULE (regulation 3)

PART I

LICENCES FOR FLIGHT CREW

Column 1 Column 2

(a) For a private pilot's licence:
Initial Issue
Renewal

$105.00
$65.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(b) For a commercial pilot's licence:
Initial Issue
Renewal

$210.00
$105.00

(c) For an airline transport pilot's licence:
Initial Issue
Renewal

$210.00
$105.00

(d) For a flight navigator's licence:
Initial Issue
Renewal

$160.00
$80.00

(e) For a flight engineer's licence:
Initial Issue
Renewal

$160.00
$80.00

(f) For a flight radiotelephony operator's general
licence:
Initial Issue
Renewal

$55.00
$55.00

(g) For a flight radiotelephony operator's
restricted licence:
Initial Issue
Renewal

$55.00
$55.00

(h) For a flight radiotelegraphy operator's licence:
Initial Issue
Renewal

$55.00
$55.00

(i) For a flight radiotelegraphy operator's
temporary licence:
Initial Issue
Renewal

$55.00
$55.00

(j) For a certificate of validity of foreign licence:
Initial Issue
Renewal
Variation during period of validity

$110.00
$55.00
$55.00

(k) For ratings on licence:
Inclusion or variation

$85.00
on any one

occasion

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(l) For the appointment of authorised examiner
for aircraft type rating or instrument rating:
Initial Appointment or Re-appointment

$315.00

(m) For the approval or validation of foreign
approval of flight simulator:

$210.00 per
aircraft type

(n) For the approval or validation of foreign
approval of flying training school aircraft type
rating, training and testing centre: $210.00

The fees set out in this Part shall be applied together with such
additional costs of any examination, flight tests or other investigations as
may be necessary.

PART II

AIRWORTHINESS

(a) Initial Issue and each Renewal with maximum validity of 12
months:

(i) For aircraft not exceeding 2730 kgs $1,050

(ii) For aircraft exceeding 2730 kgs but not
exceeding 5700 kgs $2,100

(iii) For aircraft exceeding 5700 kgs but not
exceeding 30,000 kgs $2,100

plus $155.00
per 500 kgs

or part
thereof

exceeding
5700 kgs up

to a
maximum of

$9,695.00

(iv) For aircraft exceeding 30,000 kgs but
not exceeding 100,000 kgs

$9,695.00
plus $135.00

per 500 kgs
or part
thereof

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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exceeding
30,000 kgs

up to a
maximum of
$28,595.00

(v) For aircraft exceeding 100,000 kgs but
not exceeding 200,000 kgs $28,595.00

plus $130.00
per 500 kgs

or part
thereof

exceeding
100,000 kgs

up to a
maximum of
$54,595.00

(vi) For aircraft exceeding 200,000 kgs but
not exceeding 300,000 kgs $54,595.00

plus $125.00
per 500 kgs

or part
thereof

exceeding
200,000 kgs

up to a
maximum of
$79,595.00

(vii) For aircraft exceeding 300,000 kgs $80,000.00

(b) For a permit to fly an aircraft without a
certificate of airworthiness: $250.00

(c) For a certificate of airworthiness, change of
category: $300.00

(d) For the approval of modifications, major repairs
to aircraft, engines and equipment: $300.00 per

application

(e) For a certificate of approval of aircraft radio
installation:
Initial Issue
Renewal or amendment

$200.00
$100.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(f) For the approval of maintenance organisations:
Initial Issue $2,500.00

for each site

Variation of Approval:

(i) for aircraft not exceeding 2730 kgs $750.00

(ii) for aircraft exceeding 2730 kgs $1,000.00

(g) For a certificate of airworthiness for export:

(i) for aircraft not exceeding 2730 kgs $2,000.00

(ii) for aircraft exceeding 2730 kgs $2,000.00
plus $110.00

per 500 kgs
or part
thereof

exceeding
2730 kgs up

to a
maximum of

$27,000

(h) For an aircraft maintenance engineer's licence
(AMEL):
Initial Issue
Renewal or variation or inclusion of rating

$210.00
$105.00

(i) For a certificate of validation of AMEL:
Initial Issue
Renewal or variation

$105.00
$55.00

(j) For the approval of aircraft maintenance
schedules:
Initial Issue

Amendment or variation

$300.00

$150.00

(k) For the approval of an airplane flight manual: $300.00

(l) Noise Certificate: $200.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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The fees set out in this Part shall be applied together with such
additional costs of any examination, flight tests or other investigations as
may be necessary.

PART III

FLIGHT OPERATIONS

(a) Application for the grant of an Air Operator's Certificate:

Upon making an application for the grant of an Air Operator's
Certificate (AOC), the applicant shall pay for the investigations
required by the Department of Civil Aviation (DCA) a charge of
such amount as may be decided by the DCA. The level of
charges shall be determined based upon the estimated man-
days attributable to investigation, as specified in Column 2 of
Table 1 and Part V(n) hereof.

TABLE 1

MAXIMUM TOTAL WEIGHT
AUTHORISED

MAN-DAYS

Not exceeding 2 tonnes 4 man days

Exceeding 2 tonnes but not exceeding
15 tonnes 45 man days

Exceeding 15 tonnes 60 man days

(b) For an air operator's certificate:

(i) for aircraft not exceeding 2 tonnes $4,500.00

(ii) for aircraft exceeding 2 tonnes but
not exceeding 15 tonnes $7,000.00

(iii) for aircraft exceeding 15 tonnes $10,000.00

When an air operator's certificate is granted, the applicant shall pay a
charge of the amount specified in Column 2 hereto in addition to a
charge of such amount as may be decided by the Department of Civil
Aviation for the regulatory oversight and monitoring of the AOC operation
for one year or part of the year. The level of charges shall be determined

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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based upon the estimated man-days attributed to regulatory oversight as
specified in Column 2 of Table 2 and Part V(o) hereof.

NOTE: If an application is submitted for more than one aircraft type, the
charge shall be based upon the heaviest aircraft type as
indicated in (b) hereto. For each additional aircraft type the
charges shall be as indicated at (c) hereto.

TABLE 2

MAXIMUM TOTAL WEIGHT
AUTHORISED

MAN-DAYS

Not exceeding 2 tonnes Maximum 4
man days

Exceeding 2 tonnes but not exceeding
15 tonnes Maximum 45

man days

Exceeding 15 tonnes Maximum 60
man days

(c) For the inclusion of additional aircraft types in the air
operator's certificate:

(i) for aircraft not exceeding 2 tonnes $2,600.00

(ii) for aircraft exceeding 2 tonnes but not
exceeding 15 tonnes $4,000.00

(iii) for aircraft exceeding 15 tonnes $4,500.00

(iv) the fees specified in this paragraph
shall be applied with such additional
costs of examination flight tests or other
investigation as may be necessary.

(d) For an annual charge for an air operator's certificate:
(for each aircraft type named on the certificate)

(i) for aircraft not exceeding 2 tonnes $2,200.00

(ii) for aircraft exceeding 2 tonnes but not
exceeding 15 tonnes $3,300.00

(iii) for aircraft exceeding 15 tonnes $4,400.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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Upon application for renewal of an Air Operator's Certificate the
applicant shall pay a charge of the amount specified in Column 2 hereto
in addition to an annual charge of such amount as may be decided by
the Department of Civil Aviation for the continuation of regulatory
oversight and monitoring of the AOC Operation. The level of charges
shall be determined based upon the estimated man-days attributed to
regulatory oversight as specified in Column 2 of Table 2 and Part V(n)
hereof.

(e) For a variation of an Air Operator's Certificate:

(i) for a variation in the Operating Region $1,100.00

(ii) for a permission to operate on a
specified route outside the Operating
Region specified in the Certificate $450.00

(iii) for a change in the Company of Trading
name where the legal entity is
unchanged $110.00

(iv) for a change to any of the posts
identified in an initial AOC application $110.00

(f) Variable charges

On the last day of each period of three months during the whole
or part of which an Air Operator's Certificate remains in force,
the holder of the Certificate shall pay a charge according to the
number of hours (rounded to the nearest whole hour, with half
hours being rounded up) flown by each aircraft operated by
him pursuant to the Certificate as follows:

In the case of passenger aircraft:

(i) where the number of passenger seats in
the aircraft exceeds 20 but does not
exceed 100 6 cents per

hour per seat

(ii) where the number of passenger seats in
the aircraft exceeds 100 but does not
exceed 200 9 cents per

hour per seat

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(iii) where the number of passenger seats in
the aircraft exceeds 200 but does not
exceed 300 11 cents per

hour per seat

(iv) where the number of passenger seats in
the aircraft exceeds 300 13 cents per

hour per seat

In the case of cargo aircraft:

(i) where the cargo capacity of the aircraft
exceeds 20 tonnes 22 cents per

tonne per
hour

Nothing in sub-paragraph (f) hereof shall apply to aircraft fitted with 20
or less seats or aircraft which do not exceed a MTWA of 10 tonnes or on
non-revenue flights.

For the purposes of this sub-paragraph a flight hour shall be calculated
from the time an aircraft becomes airborne to the time the aircraft
touches down and shall coincide with the aircraft's Technical Log Time.

(g) Special operations:

(i) Category II Low Visibility Operations
(with or without autoland)
Initial $2,200.00

(ii) Category III Low Visibility Operations
(with autoland)
Initial $4,400.00

(iii) Extended Range Twin Engine
Operations or Extended Range
Operations
Initial application $5,500.00

For each additional aircraft type $2,600.00

(iv) Minimum Navigation Performance
Specifications Airspace or Reduced
Vertical Separation Minima $500.00

(h) Operations under an AOC exemption $2,200.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(i) Route Licensing:

(i) Application for route $550.00

(ii) Vetting of business financial plans $2,000.00

(j) For the approval of a scheme to avoid excessive
flight crew fatigue: $600.00

(k) Aircraft leasing:

(i) On application for Dry Leasing a
Bermuda registered aircraft to be
operated by a foreign operator for the
purpose of public transport, aerial
work, or both such transport and work: $2,200.00

(ii) For aircraft not exceeding 15 tonnes
Charge per month or part of a month
per 500 kgs or part thereof of aircraft
maximum total weight authorised, for
the time aircraft is operated by the
foreign operator

$4.50

(iii) For aircraft exceeding 15 tonnes Charge
per month or part of a month per 500
kgs or part thereof of aircraft maximum
total weight authorised, for the time
aircraft is operated by the foreign
operator

$2.50

(iv) For each additional aircraft to be
included in existing dry leasing
arrangement $550.00

(v) Upon making an application for the
extension of a dry leasing arrangement $550.00

The fees specified in paragraphs (g) to (k) shall be applied together with
such additional costs of any examination, flight tests or other
investigations as may be necessary.

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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PART IV

AIR TRAFFIC CONTROL AND AERODROMES

(a) For an aerodrome licence:
Initial Issue
Annual renewal
(except Government or military aerodromes)

$1,500.00
$1,000.00

(b) For an assessment of hazards to air
navigation, obstructions, etc:
(except Government or military aerodromes)

$600.00
plus

investigation
costs

(c) For the conversion of foreign air traffic control
licences, ratings and aerodrome flight
information service officers licences: $300.00

PART V

MATTERS NOT ELSEWHERE SPECIFIED

(a) For a certificate of registration of aircraft: $400.00

(b) For reservation of registration mark: $100.00

(c) For reservation of specific out of sequence
registration mark: $200.00

(d) For an aircraft dealer's certificate: $3,000.00

(e) Enquiry regarding entries in register of
aircraft: $50.00

(f) For the provision of summary copy of register
of aircraft: $35.00

(g) For the issue of a copy of any document
issued under the Order:
(but not to exceed cost of original document)

$50.00

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(h) For the approval of documents, inspections,
investigations, tests, experiments and flight

trials conducted in connection with any part
of the Order, but not elsewhere specified: Actual costs

incurred plus
investigation

costs
$150.00

minimum
charge

(i) For the grant of any permission, approval or
exemption in respect of any part of the Order: $250.00 plus

investigation
costs

(j) Additional charge when services are
performed abroad: Actual costs

incurred

(k) For de-registration advice to foreign regulatory
authority or removal from register upon
export: $100.00

(l) For title search of the register in respect of an
aircraft: $150.00

(m) Where an aircraft is temporarily transferred to the register and
a certificate of airworthiness is issued in respect of that aircraft
the fee payable—

(a) in respect of such temporary transfer to
the register; and

(b) in respect of that certificate of airwor-
thiness,

shall be one half the amount specified in these Regulations for
registration of an aircraft or for a certificate of airworthiness, as
the case may be.

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES)
REGULATIONS 2000

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(n) Investigation conducted in connection with
any part of the Order: $1,200.00

per man day
or $150 per

hour

Plus actual costs incurred, including but not
limited to, transportation, accommodation
and subsistence: Travel days

shall be
charged at

$600.00 per
man day.

Dated this 14th day of March 2000

Governor