U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: North American Free Trade Agreement and Specialty Air Services Operations Date: 2/12/14 Initiated by: AFS-800 AC No: 00-60B Change:
1. PURPOSE. This advisory circular (AC) provides information and guidance for operators under the provisions of the North American Free Trade Agreement (NAFTA) and operational guidance within the three Civil Aviation Authorities (CAA). NAFTA opens up cross-border trade in Specialty Air Services (SAS) and was ratified by the United States of America, the United Mexican States, and Canada.
2. APPLICABILITY. This AC is applicable to all applicants seeking issuance of a Federal Aviation Administration (FAA) NAFTA SAS letter of authorization (LOA) for cross-border aerial operations under NAFTA.
3. CANCELLATION. This AC cancels AC 00-60A, Change 1, North American Free Trade Agreement and Specialty Air Services Operations, dated 3/3/11.
4. SAS DEFINITIONS. The following is a list of SAS definitions identified by NAFTA (which does not include air transportation as defined by Title 14 of the Code of Federal Regulations (14 CFR)) and includes any other special-purpose operations determined by the three CAAs to have similar characteristics. These specialized commercial aviation operations, conducted under 14 CFR part 91, involve the performance of the following:
a. Aerial Advertising. The operation of an aircraft for the purpose of skywriting, banner towing, displaying airborne signs, dispensing leaflets, and making public address announcements.
b. Aerial Construction. The operation of a helicopter for the purpose of conducting external-load operations in support of construction, hoisting of utilities, power line construction, and erecting special purpose towers.
c. Aerial Inspection or Surveillance. The operation of an aircraft for the purpose of conducting aerial observations and patrols of surface events and objects.
d. Aerial Mapping. The operation of an aircraft for the purpose of mapping by means of a camera or other measuring and recording devices.
e. Aerial Sightseeing. The operation of an aircraft for the purpose of providing recreation to passengers that originates and terminates at the same airport or the same aerodrome.
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f. Aerial Spraying. The operation of an aircraft for the dispersal of products for the benefit of agriculture, horticulture, public health, or forestry. This does not include the dispensing of live insects.
g. Aerial Photography. The operation of an aircraft for the purpose of taking photographs or recording information by means of a camera or other measuring and recording devices.
h. Aerial Surveying. The operation of an aircraft for the purpose of surveying by means of a camera or other measuring and recording devices.
i. Firefighting. The operation of an aircraft for the purpose of dispensing water, chemicals, and fire retardants intended for suppressing a fire. This includes the carrying of firefighters from base camp to base camp or base camp to the work zone.
j. Flight Training. Training provided by certificated flight schools and flight training operators who follow an approved ground and flight syllabus, which permits students to meet all certification requirements for obtaining an airman certificate or rating; also operational training provided by SAS operators.
k. Forest Fire Management. The operation of an aircraft for the purpose of fire detection and controls as well as dispensing any substance intended for forest fire suppression and prevention. This includes carrying firefighters, fire bosses, and/or managers from the base camp into the fire area or the actual fire site as well as within the same work zone.
l. Glider Towing. The towing of a glider by a powered aircraft equipped with a tow hitch.
m. Heli-Logging. The operation of a helicopter for the purpose of transporting timber suspended from the fuselage.
n. Parachute Jumping. The operation of an aircraft for the purpose of allowing a person to descend from that aircraft in flight using a parachute during all or part of that descent.
5. GLOSSARY.
a. Aeroplane. A Canadian term that applies to airplanes in U.S. documentation.
b. Civil Aviation Authorities.
(1) Dirección General de Aeronáutica Civil (DGAC) – México.
(2) FAA – United States.
(3) Transport Canada Civil Aviation (TCCA) – Canada.
c. National CAA. The CAA responsible for the regulatory control of an operator when it applies for operating authority and/or registration in another NAFTA country. The National CAA will normally be the same as the state of registry for the aircraft and will be responsible for
Par 5 Page 3 the regulatory oversight of aircraft on its register, including, but not limited to, maintenance and inspection requirements.
d. Host CAA. The CAA of a NAFTA country in which cross-border SASs are conducted.
e. Essential Qualified Non-Crewmembers. Personnel essential to SAS operations that support that service and are trained by the operator before conducting the work under the SAS operation. The absence of these personnel would make the actual operation impossible.
f. Letter of Registration (LOR). FAA operational authority to conduct firefighting and/or forest fire management under NAFTA.
g. Certificate of Authorization (COA). FAA operational authority to conduct NAFTA SAS operations, other than for firefighting and/or forest fire management.
h. Operator. The organization engaged in commercial SAS operations.
i. Responsible Party. Person in charge of operations of the organization (typically it would be the owner, president, operations manager, chief pilot, or comparable management personnel).
6. RELATED READING MATERIAL.
• International Civil Aviation Organization’s (ICAO) Convention on International Civil Aviation, Annex 2: Rules of the Air.
• Transport Canada Aeronautical Information Manual (TC AIM) – Canada.
• Publicación de Información Aeronáutica (PIA) – México.
• Aeronautical Information Manual (AIM)/Aeronautical Information Publication (AIP) – United States.
• Specialty Air Services Information Packet – U.S. Department of Transportation (DOT) Order 97-7-3.
7. BACKGROUND.
a. NAFTA. Ratified by Canada, the United Mexican States, and the United States of America, NAFTA came into force on January 1, 1994. NAFTA opened up cross-border trade in SAS, defined in Article 1213, Annex I of the NAFTA, as aerial mapping, aerial surveying, aerial photography, forest fire management, firefighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services.
b. Steering Committee. Government officials met and issued a joint statement establishing working groups “to discuss standards and regulations pertaining to specialty air services” and began a process for the “smooth implementation” of SAS operations. Representatives from the three CAAs formed a steering committee to provide leadership during the process, and technical experts from each country constituted working groups covering the areas of airworthiness, flight operations, and personnel licensing. This document identifies the processes resulting from the efforts of the steering committee and working groups.
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8. U.S. OPERATORS APPLYING FOR AUTHORITY TO CONDUCT NAFTA OPERATIONS. Operating authority (initial, amended, and renewal) must be obtained from both the FAA and the Host CAA. The steps listed below are for requesting an operating authority from the FAA.
NOTE: AFS-800, the General Aviation and Commercial Division, is responsible for NAFTA policy and procedures. Effective as of the publication date of this AC, a COA and/or an LOR will be issued through the local Flight Standards District Office (FSDO) of the originating or continuing flight operation.
a. Application Package. U.S. operators must submit an application package (hard copy or email) to the local FSDO with jurisdiction nearest the operator’s primary business address no later than 45 days prior to date of requested NAFTA operations.
b. Package Contents. The application package must include:
(1) FAA Form 7711-2, Certification of Waiver or Authorization Application – Privacy Act, completed according to instructions in Appendix 1. Block 2 of FAA Form 7711-2 should include a valid email address to contact the responsible party.
(2) Documentation verifying insurance coverage.
(3) A copy of the aircraft Airworthiness Certificate(s).
(4) A copy of the aircraft Type Certificate Data Sheet (TCDS).
(5) List of contract or third-party personnel essential to SAS. Identify the necessary personnel and their job functions along with an appropriate method of control (training requirement or process) to ensure safe operation under the specialized SAS operation. Include proof of ability to use and control contract personnel.
(6) Name of Approved Maintenance Organization (AMO) that provides the operator’s maintenance.
c. FSDO Review. The FSDO will:
(1) Review the application and verify that the operator, pilots, and aircraft are certificated and qualified to conduct the requested operation.
(2) Ensure an aircraft ramp inspection (for each aircraft not being operated under an air operator or air agency certificate) has been conducted appropriately to the SAS operation requested.
(3) Ensure there are no pending enforcement actions before issuing the NAFTA COA and/or LOR.
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d. FAA Certificate. The applicant must hold an FAA certificate if it is necessary to conduct the applicable SAS as follows:
(1) Aerial Construction/Heli-Logging – Part 133 Operating Certificate.
(2) Aerial Spraying – Part 137 Operating Certificate.
(3) Firefighting/Forest Fire Management – Part 133 or 137 Operating Certificate, if dispensing and depending on aircraft used/materials dispensed.
(4) Flight Training – Part 141 Air Agency Certificate, if conducting training for certain certificates or ratings (see Appendix 3).
NOTE: Operators must make any aircraft that will be used for NAFTA operations available for inspection by a FSDO at an acceptable location to the FSDO. This may include bringing the aircraft to the United States, or a coordinated port of entry. Credit may be given for a ramp inspection accomplished on the same aircraft within 6 months prior to the application or renewal of the NAFTA authorization.
e. Host CAA. U.S. operators will include the COA/LOR, received from the FSDO, in the application package submitted to the Host CAA. U.S. operators must coordinate with the Host CAA to ensure Host CAA requirements are met. See Appendix 2 for Host CAA contact information.
f. Prior to Operations in Canada. U.S. operators should contact the Canadian CAA office listed in Appendix 2 for the most current requirements. The following is provided as a guide.
(1) Operators must provide TCCA with the name of the appropriately AMO that is providing the operator’s maintenance.
(2) Operators must comply with the Flight and Duty Time Limitations regulations and standards applicable to the operation being conducted; refer to Canadian Aviation Regulations (CARs) 700.15 and Commercial Aviation Standard 720.15 located at http://www.tc.gc.ca/eng/menu.htm.
(3) Proof of insurance must be carried onboard the aircraft (see Appendix 4).
(4) Operators must comply with the survival-equipment requirements applicable to the operations being conducted (see Appendix 5).
g. Prior to Operations in Mexico. U.S. operators should contact the Mexican CAA contact office listed in Appendix 2 for the most current requirements. The following is provided as a guide.
(1) Operators must provide the DGAC with the name of the appropriate AMO that is providing the operator’s maintenance.
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(2) Proof of insurance must be provided with the application before a permit can be issued and must be carried onboard the aircraft (see Appendix 4).
(3) Operations will be conducted from approved runways or sites, unless otherwise authorized.
(4) A special permit must be obtained for handling fuel other than at approved fueling facilities.
(5) Operators must participate in alcohol and drug-testing programs when conducting SAS operations.
(6) Operators must comply with the survival equipment requirements applicable to the operations conducted (see Appendix 5).
(7) All night flights under visual flight rules (VFR) must have a special authorization.
(8) Flight training schools must obtain a public education certificate or a LOA from the Secretaría de Educación Pública to teach ground school. In addition to the DGAC authorization, SAS operators conducting aerial photography, aerial surveying, or aerial mapping must obtain permission from the Instituto Nacional de Estadística, Geografía e Informática (INEGI).
9. CANADIAN OR MEXICAN OPERATORS APPLYING TO CONDUCT NAFTA OPERATIONS IN THE UNITED STATES. Authorization (initial, amended, and renewals) must be obtained from both the National CAA and the FAA. The steps listed below are for requesting operating authority from the FAA.
a. FSDOs and Service Areas (SA). Canadian or Mexican operators must submit an application package (hard copy or email) to the appropriate local FSDO with a SA where the SAS will be conducted, no later than 45 days prior to date of requested NAFTA operations.
If operations will be conducted in more than one FSDO’s SA, the applicant should submit their package to the FSDO where the first operation will take place. For a list of FSDOs and SAs, please follow this link, also available in Appendix 2, http://www.faa.gov/about/office_org/field_offices/fsdo.
b. Package Contents. The application package must include:
(1) FAA Form 7711-2, Certification of Waiver or Authorization Application – Privacy Act, completed according to instructions in Appendix 1.
(2) Documentation verifying insurance coverage.
(3) Operating authority from National CAA.
(4) List of contract or third-party personnel essential to SAS. Identify the necessary personnel and their job functions along with an appropriate method of control (training requirement or process) to ensure safe operation under the specialized SAS operation. Include proof of ability to use and control contract personnel.
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(5) Name of AMO that provides the operator’s maintenance.
c. U.S. Operations. For operations in the United States:
(1) Operators must participate in alcohol and drug-testing programs when conducting sightseeing operations from a base in the United States.
(2) The maintenance and alteration of emergency parachutes must be certified by a person authorized by the FAA.
(3) U.S. DOT Order 97-7-3 (Specialty Air Service Operators of Canada and Mexico) must be carried onboard the aircraft (refer to http://docketsinfo.dot.gov/general/orders/19973qtr/jul97/970703.pdf).
(4) Hazardous materials (hazmat)/dangerous goods. The carriage of hazmat/dangerous goods is subject to the hazmat regulations set forth Title 49 of the Code of Federal Regulations (49 CFR) parts 171 through 177. If an operator seeks to perform a function that is not otherwise permitted under these regulations, it must seek a special permit from the Pipeline and Hazardous Materials Safety Administration (PHMSA) in accordance with the requirements set forth in 49 CFR part 107. (See Appendix 2 for contact information.)
(5) Proof of insurance must be carried onboard the aircraft when operating in the United States.
10. AMENDMENTS TO COA/LOR. The amendment process is similar to the original application process.
a. U.S. Operators. U.S. operators must submit changes in personnel or equipment via amended FAA Form 7711-2 and accompanying letter to their local FSDO.
b. Canadian and Mexican Operators. Canadian and Mexican operators must submit changes in personnel and equipment via amended FAA Form 7711-2 and accompanying letter, along with updated National CAA authorization (i.e., Canadian operations specifications (OpSpecs)/Mexican air operator certificate (AOC) to the FSDO that processed their existing NAFTA authorization.
11. REQUIREMENTS FOR NAFTA SAS OPERATIONS.
a. General.
(1) Regulations. As required by the ICAO Convention Annex 2: Rules of the Air, operators must comply with the general operating and flight rules of the Host country. Operators should be aware that there are significant differences in the VFR for each country. While conducting NAFTA SAS operations, the operator must comply with regulations of both the National CAA and Host CAA. In the event of a variance, the most restrictive should be followed.
FAA Form 7711-2 shall not be used to waive any Code of Federal Regulation(s) (CFR) when applying for NAFTA. The issuance of a NAFTA COA/LOR does not constitute a waiver of any CFRs.
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(2) Right of Entry. The issuance of a NAFTA COA/LOR to conduct SAS does not confer the right for the operators’ crewmembers to work in a host country. The operator must contact the Host Immigration Department in advance of any commitment to a contract to ensure that their pilots and personnel will be able to obtain temporary entry for employment.
(3) Government Agency Coordination. Operators must also contact the appropriate government agencies for issues related to transportation of hazmat, customs, trade and commerce, environment, and others as necessary.
(4) SAS Operation Notification. The SAS operator must contact the Host CAA(s) (see Appendix 2) before commencing initial SAS operations in each geographic area; upon changing the type of SAS operation being conducted; or upon subsequently returning to the original geographic area. In the United States, this notification/coordination of NAFTA SAS operations will be via the authorizing FSDO, in advance of conducting SAS operations. When SAS will be operated in an SA outside the originating FSDO, the SAS operator will provide written notification to both the originating FSDO and the nearest FSDO with jurisdictional oversight, prior to conducting SAS operations in the new area. Any local special provisions must be adhered to.
(5) Host CAA Authorization. Operators based in one host country and operating in another host country require operational authority from each Host CAA.
(6) Pilot Certificate Requirements. As a minimum, a current and valid commercial pilot license (CPL) or rating issued by the National CAA is required for the specific operation.
A license validation issued by the Host CAA does not meet this requirement.
(7) Agricultural Aircraft. Agricultural aircraft may be operated at an increased maximum takeoff weight (MTOW) if an increased MTOW is authorized by the National CAA, and the increase does not exceed 1.25 times the MTOW.
(8) Maintenance. Maintenance must be performed under the requirements of the National CAA and is the responsibility of the state of registry.
(9) Sightseeing Operations. Sightseeing operations must be conducted by operators certificated by their National CAA for commercial passenger-carrying operations.
(10) Essential Qualified Non-Crewmember Personnel. The movement of essential qualified non-crewmember personnel from base camp to work zone, or from one base camp to another in the same work zone, is not deemed to be air transportation. SAS operators are permitted to transport persons from base camp to the work zone. All personnel must provide their own means of commercial, public, or private travel to the base camp from outside the work zone.
(11) Validity. NAFTA operational authority, unless amended, suspended, or revoked, will normally be valid for a maximum of 12 months. The renewal process will be the same as the original authorization process.
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(12) Authorization Process. The SAS operator must be equipped and able to operate in each of the SAS areas applied for, apply for and obtain operational authority from the National CAA, apply for and obtain operational authority from the Host CAA(s), and make application in the official technical terminology of the Host country.
(13) Foreign Aircraft Permits. Canadian and Mexican operators requesting to conduct the specific SAS as defined in Article 1213, Annex I, NAFTA, are not required to file applications to the U.S. DOT for foreign aircraft permits under the procedures set forth in 14 CFR part 375, § 375.43. Such operators are automatically granted blanket foreign aircraft permits by the DOT. If the FAA determines the requested air service activity does not belong clearly to one of the categories described above, then Canadian and Mexican operators can expect that they will be required to file an ad hoc application for a foreign aircraft permit under part 375 in order to conduct these non-conforming services. In the event that an operator desires U.S. DOT view in advance as to whether a particular SAS is encompassed by Article 1213 and Annex I, and thus by the blanket foreign aircraft permit, it can contact the DOT’s Foreign Air Carrier Licensing Division, Office of International Aviation (see Appendix 2), for such a determination. Detailed information regarding the economic and safety licensing requirements, can be referenced in Office of the Secretary of Transportation (OST) Order 97-7-3, DOT’s Specialty Air Services Information Packet.
(14) Limitations. Air transportation of personnel is not authorized, except for essential crewmembers, essential qualified non-crewmembers (as provided for in paragraph 11a(10)) and passengers under an authorization for Aerial Sightseeing.
(15) Aircraft Certification. Experimental or ex-military aircraft that have restricted-category certification based on 14 CFR part 21, § 21.25(a)(2) may not be used for NAFTA operations.
b. Aircraft.
(1) The current and valid certificate of airworthiness and certificate of registration are required from the National CAA.
(2) Aircraft manufactured in the United States or Canada must have been issued an FAA or TCCA civil type certificate (TC) based on compliance to civil airworthiness standards for the appropriate SAS operations.
(3) Third-party type-certificated (TC’d) aircraft—aircraft manufactured in countries other than Canada or the United States—must have both an FAA and a TCCA TC based on compliance to civil airworthiness standards.
(4) Changes in type designs (that is, Supplemental Type Certificates (STC) or repair design certificates) issued by the State of manufacture, on their own designs and manufactured products will be acceptable, provided that there is a Bilateral Airworthiness Agreement (BAA) or the equivalent with the FAA, TCCA, or DGAC that specifically addresses design standards.
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(5) SAS operators may use leased aircraft of a foreign registry. The operator must ensure all pilots or required flightcrew members of these aircraft hold at least a commercial license and rating appropriate to the state of registry of said aircraft.
c. Flight Training.
(1) Includes training conducted by flight schools, flight training operators, and SAS operators. NAFTA operating authority will be granted only to the following:
(a) Certificated Flight Schools. Schools that hold an operating permit or certificate issued by a CAA to conduct approved training for any pilot qualification. For U.S. applicants, a 14 CFR part 141 Air Agency Certificate is required.
(b) Flight Training Operators. Operators conducting training for an agricultural rating, a seaplane rating, a multiengine rating, a type rating, an instrument rating, an Airline Transport Pilot License (ATPL), or currency requirements (see Appendix 3).
(c) SAS Operators. Operators conducting specific operational training for a particular SAS.
(2) Flight training may be conducted in aircraft TC’d in restricted, normal, utility, acrobatic, commuter, or transport categories or as otherwise approved by the Host CAA. SAS operators may conduct operational training in aircraft that are approved for the particular SAS.
(3) Flight training toward the issuance of National CAA licenses, permits, and ratings may be conducted in any host country by a person who holds a valid CPL and/or flight instructor rating as applicable for the type of instructional activity, and who satisfies the requirements of the National CAA.
(4) Flight training toward the issuance of Host CAA licenses, permits, and ratings may be conducted in any Host country by a person who holds a valid CPL and/or flight instructor rating as applicable for the type of instructional activity, and who satisfies additional requirements specified by the applicable Host CAA (see Appendix 3).
ORIGINAL SIGNED by
/s/ John Barbagallo Acting Director, Flight Standards Service
Appendix 1 APPENDIX 1. FORMS TRANSPORT CANADA CIVIL AVIATION FORM 26-0592 Link to Transport Canada Civil Aviation Form 26-0592:
http://www.tc.gc.ca/media/documents/ca-standards/26-0592_0711-03_bo.pdf.
Print / Imprimez * Tranada Transports File number - Numéro de dossier Canada 5258- 5260-
APPLICATION FOR (FTA) SPECIALTY AIR SERVICE OPERATIONS - CANADIAN AIR OPERATOR DEMANDE POUR DES OPÉRATIONS DE SERVICES SPÉCIALISÉS (ALÉ) - EXPLOITANT AÉRIEN CANADIEN PART I - TO BE COMPLETED BY APPLICANT - PARTIE I -À ÉTRE REMPLIE PAR LE REQUÉRANT Name, address & postal code of applicant - Nom, adresse et code postal du requérant Principal place of business of applicant - Le bureau d'affaire principal du requérant Telephone number - Numéro de téléphone Facsimile number - Numéro de télécopieur Telex - Télex Incorporated - Constituée Date (vyyy-mm-dd / aaaa-mm-Ji) Number - Numéro Tunderstand that - Je comprend que I am a permanent resident or corporation of a country under a Free Trade Agreement (FTA) : Do 0 Non Je suis résident permanent ou une société par action d'un pays sous un accord de libre-échange (ALÉ) :
ation aérienne Into which country - Dans quel pays Base(s) and i fication - Base(s) et identification Between points abroad - Entre points à l'étranger Request for a FTA Operations Specification - Den cation d'exploitation ALÉ Proposed period of contract (date) - Durée prévue du contrat (date) Yes From:
De : Au :
Proposed types of specialty services - Types de servi alisés proposés Aerial advertising Merial constructio Aerial inspection and surveillance terial mappin Construction à moyen d'aéronefs Inspection et surveillance aérienne cartographie aérienn Ariographie actionne Aerial spraying Pulvérisation aérienne evil superaphique acrionno Forest fire management 1 Glider tower armation au pilotage estion des incendies de forêt Remorquage de planneurs Parachute jumping élidébardag‹ Sauts en parachut Aircraft types - Types d'aéronefs Registration (see page 2) - Immatriculation (voir page 2) Complete (full) names of pilots - Noms entiers (complets) des pilotes Licences (see page 2) - Licences (voir page 2)
MANAGERIAL PERSONNEL - PERSONNEL DE GESTION Name - Nom All the statements contained herein are true and complete to the best of my knowledge - À ma connaissance, tous les renseignements fournis dans la présente sont vrais et wy-mm-d / aaaa-mm-i) Signature de la personne diment autorise a exécuter cette demande au nom de l'exploitant Signature of person duly authorized to execute this application on behalf of the air operator Title - Titre PART II - TO BE COMPLETED BY DOT OFFICE - PARTIE II - À ÉTRE REMPLIE PAR LE BUREAU DU M.D.T.
Commercial and Business Aviation Aviation commerciale et d'affaires Maintenance et construction des aérones Aircraft Maintenance and Manufacturing Date (yyyy-mm-dd / aaaa-mm-li) 26-0592 (0711-03) Canada Page 1
Appendix 1 TRANSPORT CANADA CIVIL AVIATION FORM 26-0592 (Continued) Aircraft types - Types d'aéronefs Registration - Immatriculation Complete (full) names of pilots - Noms entiers (complets) des pilotes Transport Canada Civil Aviation will not undertake a quality assurance role with regard to any form or document submitted in application for a service.
Documentation that contains errors or does not meet regulatory requirements will be retumed for correction.
Delays thus incurred are the sole responsibility of the applicant.
Page 2 Licences fransports Canada, Aviation civile ne procédera pas à une assurance de la qualité de tout formulaire ou de tout document soumis avec une demande de service. La documentation erronée ou ne répondant pas aux exigences réglementaires sera retournée pour que les corrections nécessaires soient apportées.
Tout retard occasionné par une telle démarche incombera au demandeur.