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The Air Navigation (Overseas Territories) Order 2007

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PART XIIIAERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Aerodromes – aircraft operations required to use certificated or notified aerodromes

103.—(1) An aircraft to which this paragraph applies shall not take off or land at a place in the Territory other than—

(a)an aerodrome certificated under article 105 for the take-off and landing of such aircraft; or

(b)a Government aerodrome notified under article 104 as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be;

and in accordance with any conditions subject to which the aerodrome may have been certificated or notified, or subject to which such permission may have been given.

(2) Paragraph (1) applies to—

(a)aircraft which are flying for the purpose of international operations;

(b)aircraft having a type certificated maximum passenger seating capacity of 10 or more which are flying for the purpose of commercial air transport operations;

(c)aircraft having a maximum total weight authorised (MTWA) of 15,000 kg or more operating a flight for the purpose of commercial air transport;

(d)aircraft (other than Micro-lights) which are flying—

(i)for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

(ii)for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;

(e)an aeroplane that is unable to maintain a positive climb gradient in the event of a failure of a power unit on take-off, operating a flight for the purpose of commercial air transport of passengers at night.

(3) The person in charge of any area in the Territory intended to be used for the taking off or landing of helicopters at night other than such a place as is specified in paragraph (1) shall cause to be in operation, whenever a helicopter flying for the purpose of the commercial air transport of passengers is taking off or landing at that area by night, such lighting as will enable the pilot of the helicopter—

(a)in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

(b)in the case of taking off, to make a safe take-off.

(4) A helicopter flying for the purpose of the commercial air transport of passengers at night shall not take off or land at a place to which paragraph (3) applies unless there is in operation such lighting.

(5) Paragraph (1) does not apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

(6) For the purposes of this article “international operations” are operations in respect of which the point of departure of the flight and the point of destination thereof are in two different States or in respect of which the flight passes through the sovereign airspace of the territory of more than one State.

Use of Government aerodromes

104.—(1) The Governor may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the commercial air transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

(2) For the purposes of this article a “Government aerodrome” means any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air forces or of any visiting force.

Certification of aerodromes

105.—(1) A person in charge of the operation of an aerodrome in the Territory is required to hold in respect of such aerodrome a certificate issued by the Governor in accordance with this article if—

(a)the aerodrome is made available for the purposes of any of the operations referred to in article 103(2) of this Order; or

(b)the Governor considers that it is in the public interest to so require an aerodrome to be certificated.

(2) The Governor shall grant a certificate in respect of any aerodrome in the Territory if he is satisfied that—

(a)the applicant is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are suitable for use by aircraft;

(b)the aerodrome is safe for use by aircraft having regard in particular to the physical characteristics of the aerodrome and of its surroundings; and

(c)the aerodrome manual submitted under paragraph (7) is adequate.

(3) If the applicant so requests the Governor may grant a certificate which in addition to any other conditions that he may impose shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

(4) The holder of an aerodrome certificate granted under paragraph (2) (in this article called ‘an aerodrome certificate holder’) shall—

(a)furnish to any person on request information concerning the terms of the certificate; and

(b)cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of the commercial air transport of passengers or instruction in flying.

(5) An aerodrome certificate holder shall not contravene or cause or permit to be contravened any condition of the aerodrome certificate at any time in relation to such aircraft engaged on such flights as are referred to in article 103(2), but the certificate shall not cease to be valid by reason only of such a contravention.

(6) An aerodrome certificate holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

(7) Upon making an application for an aerodrome certificate the applicant shall submit to the Governor an aerodrome manual for that aerodrome that shall include provisions for the implementation of a safety management system acceptable to the Governor that—

(a)identifies safety hazards;

(b)ensures that remedial action necessary to maintain an acceptable level of safety is provided for;

(c)provides for continuous monitoring and regular assessment of the safety level achieved; and

(d)demonstrates compliance with the aim to make continuous improvement to the overall level of safety.

(8) An aerodrome manual required under this article shall contain all such information and instructions as may be specified by the Governor to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 11.

(9) Every aerodrome certificate holder shall—

(a)furnish to the Governor any amendments or additions to the aerodrome manual before or immediately after they come into effect;

(b)without prejudice to sub-paragraph (a), make such amendments or additions to the aerodrome manual as the Governor may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and

(c)maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.

(10) Every aerodrome certificate holder shall make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to his duties, and shall ensure that each such copy is kept up to date.

(11) Every aerodrome certificate holder shall take all reasonable steps to secure that each member of the aerodrome operating staff is aware of the contents of every part of the aerodrome manual which is relevant to his duties as such and undertakes his duties as such in conformity with the relevant provisions of the manual.

(12) For the purposes of this article—

(a)‘aerodrome operating staff’ means all persons, whether or not the aerodrome certificate holder and whether or not employed by the aerodrome certificate holder, whose duties are concerned either with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft, or whose duties require them to have access to the aerodrome manoeuvring area or apron;

(b)‘visual traffic pattern’ means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 39 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.

Instrument Flight Procedures

106.—(1) No person may design, establish or use an instrument flight procedure at an aerodrome in the Territory otherwise than under and in accordance with an approval granted by the Governor to the aerodrome certificate holder or to the person having the management and control of a government aerodrome.

(2) An approval shall be granted under paragraph (1) upon the Governor being satisfied—

(a)as to the intended purpose of the procedure; and

(b)that the person applying for approval is competent to operate the procedure; and

(c)that any equipment associated with such procedure is fit for its intended purpose.

(3) An approval under paragraph (1) shall be granted on such conditions as the Governor shall think fit and he shall cause such procedure to be notified as a procedure available for the operation of aircraft at an aerodrome within the Territory.

(4) No person may use an instrument flight procedure otherwise than in accordance with the published conditions for such use.

(5) The Governor shall approve a person for the purposes of this article if he is satisfied that the person is competent to design an instrument flight procedure that is safe for use by aircraft.

(6) The Governor may, for the purposes of this article, either absolutely or subject to such conditions as he thinks fit—

(a)approve any course of training;

(b)authorise a person to conduct such examinations or tests as he may certify;

(c)approve a person to provide any course of training.

(7) Nothing in paragraph (1) applies to any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air force or of any visiting force.

Charges at aerodromes certificated or licensed for public use

107.—(1) The Governor may, in relation to any aerodrome in respect of which a certificate in accordance with article 105 or a licence for public use has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

(2) The operator of an aerodrome in relation to which the Governor has made any regulations under paragraph (1) of this article shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.

(3) The operator of any aerodrome in respect of which an aerodrome certificate or licence for public use has been granted shall, when required by the Governor, furnish to the Governor such particulars as he may require of the charges established by the operator for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States

108.  The person in charge of any aerodrome in the Territory which is open to public use by aircraft registered in the Territory shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in the United Kingdom or in other Contracting States on the same terms and conditions as for use by aircraft registered in the Territory.

Noise and vibration caused by aircraft on aerodromes

109.—(1) The Governor may specify the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, certificated aerodromes or on licensed aerodromes in accordance with regulation 4 in Schedule 9 to this Order.

(2) Section 41(2) of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1969(1) applies to any such aerodrome.

Aeronautical lights

110.—(1) A person shall not, except with the permission of the Governor and in accordance with any conditions subject to which the permission may be granted, establish, maintain or alter the character of—

(a)an aeronautical beacon within the Territory;

(b)any aeronautical ground light (other than an aeronautical beacon) at an aerodrome certificated or licensed under this Order, or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.

(2) In the case of an aeronautical beacon that is or may be visible from the waters within an area of a general lighthouse authority, the Governor shall not give his permission for the purpose of this article except with the consent of that authority

(3) A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the Governor.

Lighting of en-route obstacles

111.—(1) For the purposes of this article an en-route obstacle means any building, structure or erection which is 150 metres or more above ground level other than any such building, structure or erection which is in the vicinity of a certificated or licensed aerodrome.

(2) The person in charge of an en-route obstacle shall ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval not exceeding 52 metres.

(3) The person in charge of an en-route obstacle shall ensure that, by night, the lights required to be fitted by this article shall be displayed.

(4) In the event of the failure of any light which is required by this article to be displayed by night the person in charge shall repair or replace the light as soon as is reasonably practicable.

(5) At each level on the obstacle where lights are required to be fitted, sufficient lights shall be fitted and arranged so as to show when displayed in all directions.

(6) In any particular case the Governor may direct that an en-route obstacle shall be fitted with and shall display such additional lights in such positions and at such times as he may specify.

(7) This article shall not apply to any en-route obstacle in respect of which the Governor has granted permission to the person in charge.

(8) A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally.

Dangerous lights

112.—(1) A person shall not exhibit in the Territory any light which—

(a)by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

(b)by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.

(2) If any light which appears to the Governor to be a light referred to in paragraph (1) is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or has charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.

(3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light that is or may be visible from any waters within the area of a general lighthouse authority, the power of the Governor under this article shall not be exercised except with the consent of that authority.

Customs and Excise airports

113.—(1) The Governor may by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

(2) The Governor may by order revoke any designation so made.

Aviation fuel at aerodromes

114.—(1) A person who has the management of any aviation fuel installation on an aerodrome in the Territory shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless—

(a)when the aviation fuel is delivered into the installation he is satisfied that—

(i)the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft;

(ii)the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and

(iii)in the case of delivery into the installation or part thereof from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation or that part of the installation as the case may be and is fit for use in aircraft; and

(b)when any aviation fuel is dispensed from the installation he is satisfied as the result of sampling that the fuel is fit for use in aircraft.

(2) Paragraph (1) does not apply in respect of fuel that has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

(3) A person to whom paragraph (1) applies shall keep a written record in respect of each installation of which he has the management, which record shall include—

(a)particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

(b)particulars of all samples taken of the aviation fuel and of the results of tests of those samples; and

(c)particulars of the maintenance and cleaning of the installation;

and he shall preserve the written record for a period of 12 months or such longer period as the Governor may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

(4) A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraft if he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

(5) If it appears to the Governor or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this article, the Governor or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the Governor or by an authorised person.

(6) In this article—

“aviation fuel” means fuel intended for use in aircraft; and

“aviation fuel installation” means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.

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