EXEMPTION TO ROYAL JET BERMUDA

SPECIFICATION OF FLIGHTS

WHICH DO NOT REQUIRE AN AIR TRANSPORT LICENCE

1. Note: Section 8 (1) of the Civil Aviation (Air Transport Licensing) Act 2007 (“the Act”) provides that no aircraft shall be used for the carriage for reward of passengers or cargo on a flight unless the operator holds an air transport licence and complies with the terms of the licence.  This provision applies to any flight in any part of the world by an aircraft registered in Bermuda and any flight, which begins or ends in Bermuda, by an aircraft not registered in Bermuda.  Section 8 (3) (c) of the Act provides that this prohibition does not apply to any particular flight, or series of flights, specified in an instrument made by the Minister and published in the Gazette.  This instrument does not affect the requirement for the operator to hold an appropriate air operator certificate.

1.  The Minster, in pursuance of his powers under Section 8 (3) (c) of the Act hereby specifies for the purposes of the said paragraph (c) the following flights:

All sole-use charter flights operated by Royal Jet Bermuda Limited.

For the purposes of this instrument “sole-use charter flight” means a flight solely for the carriage of passengers with or without their baggage in consequence of a person’s exclusive right to use the carrying capacity of the aircraft, being passengers none of whom is carried for a separate fare; and for the purposes of this provision:

1. any reward wholly or partly in respect of or in connection with the carriage of a passenger (other than remuneration passing from the operator of the aircraft to a member of the crew thereof) shall be deemed to be a fare, irrespective of the person by whom or to whom it has been given: provided that reward for the exclusive right to use the passenger capacity of the aircraft shall not be a fare; and
2. a fare shall be deemed to be separate although it is for several journeys, or for a group of passengers who are fewer in number than the number of seats occupied on the flight.

1. This instrument shall take effect on the date given below, shall be published in the Gazette in accordance with Section 8 (5) of the Act, and shall remain in effect until further notice.

                                                                                  Minister of Transport

                                                                           6 May 2022