Mozambique Tightens Rules Governing Private Aviation

By Garth Calitz

Mozambique has overhauled the regulatory framework governing private aviation, introducing a new licensing system that removes the requirement for an Air Operator Certificate for private operators while simultaneously imposing tighter controls over aircraft, pilots, passengers, records and the way privately registered aircraft may be used.

The new Regulation on the Licensing of Private Air Operators came into force in July, replacing the system that had been in place since 2011. Existing operators have been given 90 days to bring themselves into compliance, meaning that the transition period runs through the end of October. For aircraft owners and operators accustomed to the previous system, the changes are significant and will require more than simply replacing an old licence with a new one.

At the heart of the new system is a clearer distinction between private aviation and commercial air transport. The government has deliberately retained the private nature of these operations, with an aircraft operating under a private licence prohibited from undertaking activity that generates direct or indirect remuneration. The aircraft also cannot simply be leased or made available to a third party for commercial use.

That distinction is particularly important in a market such as Mozambique, where corporate aviation, executive transport, mining and energy operations, tourism and specialised aviation can sometimes operate alongside one another. An aircraft may be used to transport the owner, employees or other authorised passengers as part of a private operation, but the new regulations make it clear that crossing the line into remunerated air transport can have serious regulatory consequences.

Perhaps the most welcome change for legitimate private operators is the removal of the requirement for an Air Operator Certificate. The new regulations specifically state that a private air operator does not require an AOC, although this should not be interpreted as a relaxation of safety requirements. Operators remain responsible for meeting the applicable operational safety, aviation security and airworthiness requirements.

In practical terms, Mozambique is therefore removing one layer of certification while strengthening the regulatory oversight surrounding the operation itself. The emphasis shifts towards establishing who is operating the aircraft, what aircraft are being used, who is flying them, what the aircraft are being used for and whether the operator continues to meet the conditions attached to its licence.

The licensing system itself is also being modernised. Private operator licences will incorporate a range of security features, including unique coded numbers, barcodes or QR codes, watermarks, anti-fraud paper and holographic seals or encrypted digital signatures. The Civil Aviation Regulatory Authority of Mozambique is expected to make electronic verification of licences publicly available, allowing the authenticity of licences to be checked digitally.

For operators involved in aerial work, the changes are potentially even more significant. Rather than treating private aerial work as a broad category, the new regulations establish 15 specific types of activity that can be endorsed on a private aerial-work licence. These include agricultural operations and aerial spraying, firefighting, aerial photography and filming, parachute dropping, aerial advertising, thermography, altimetric surveying, aerial inspection and observation, high-voltage power-line work, offshore operations and mapping.

This provides considerably more clarity for operators using aircraft for specialist missions. Instead of simply holding a broad private operating authority, the operator's permitted aerial-work activities can be specifically identified on the licence.

The regulations also introduce a substantially greater reporting burden. Operators must provide the regulator with operational statistics, including the names of passengers carried, routes operated and hours flown. The information is to be submitted by the tenth day of the following month. Passenger lists and cargo manifests must also be retained for at least three years.

For private aircraft owners who have traditionally regarded their operation as a relatively simple matter of maintaining an aircraft and ensuring that the required documents are on board, this represents a considerable change. Record-keeping is now becoming an important part of remaining compliant.

The regulator will also have greater visibility of private aviation activity. Monthly reporting means that aircraft movements, passenger activity and utilisation will no longer exist solely within an operator's own records. The regulator will have a continuing picture of how individual aircraft and operators are being used.

Another important provision concerns foreign-registered aircraft. Mozambique will permit a private operator to operate an aircraft carrying a foreign registration for up to one year while the aircraft's Mozambican registration is being processed. This is subject to the applicable technical and entry requirements and the submission of customs documentation.

That provision should be of particular interest to corporate operators and aircraft owners bringing aircraft into Mozambique from other jurisdictions. It provides a defined pathway for an aircraft to operate while the local registration process is under way rather than forcing the operator into an immediate registration situation before the aircraft can be used.

The regulations also recognise several different ways in which aircraft may be made available to a private operator. Financial leases, dry leases and other contractual arrangements are addressed, including circumstances where an aircraft may temporarily replace another aircraft following an accident, breakdown or during maintenance. There is also provision for strengthening the fleet with an aircraft whose certification and registration process is still underway.

There are, however, some important eligibility requirements. Private operators must have adequate resources for operation and maintenance, demonstrate their ability to meet the conditions of their licence and provide details of their aircraft, pilots and other aviation personnel. The operator must also have the appropriate insurance cover, including third-party liability insurance.

The new rules place considerable emphasis on the integrity of operators and their management. Individuals and entities falling within certain categories of criminal or regulatory disqualification may not qualify to operate under the new system. This includes certain convictions and offences involving aviation, the national economy, corruption and interference with regulatory inspections. Mozambique has attached meaningful penalties to the new framework. Operating without the required licence or authorisation, using pilots who have not been declared, operating aircraft with expired documentation, using personnel whose licences or qualifications are not appropriate or current, and failing to provide the required operational data can result in very hefty fines.

For operators, therefore, the message from the new regulations is fairly straightforward: private aviation remains private, but it will be more closely documented and more visible to the regulator.

The removal of the AOC requirement should make life easier for genuine private operators, particularly those who do not conduct commercial air transport. At the same time, the new reporting requirements, tighter control over pilots and aircraft, defined aerial-work categories and restrictions on remunerated activity mean that operators will need to be much more disciplined about how their aircraft are used and how those operations are recorded.

The immediate priority for existing operators should be to use the transition period to review their current licences, aircraft registrations, pilot declarations, insurance, lease arrangements and operational records. Those involved in aerial work should also establish whether every activity they undertake is correctly covered by one of the new categories.

For corporate and private aircraft operating in Mozambique, the new regulations do not amount to the end of flexibility. Rather, they establish a more structured environment in which that flexibility comes with a corresponding obligation to document and justify the operation.

With the transition deadline approaching at the end of October, operators that have not yet reviewed their position have relatively little time to do so. The biggest change may ultimately not be the new licence itself, but the expectation that private aviation in Mozambique will operate with the same level of traceability and accountability that is increasingly becoming the norm throughout the international aviation industry.