Subpart A - General
(a) This OTAR prescribes the requirements governing the certification, management, operation and maintenance of an aerodrome requiring to be certificated under the Order.
(b) These Requirements are not in themselves Law. Failure to comply may not constitute an offence. However, the Requirements repeat or reproduce many of the provisions of the Air Navigation (Overseas Territories) Order (“the Order”), including the Rules of the Air and the requirements for certification of aerodromes to the Order. Therefore, failure to comply with these Requirements may:
(1) constitute a breach of the Order; and
(2) result in proceedings for breaches of the Order; or
(3) result in the refusal of an application for renewal of a certificate or licence; or
(4) result in action to suspend or revoke a certificate or licence.
(c) The Order details the legal obligations governing the certification of aerodromes but specifies these obligations in rather general terms. Therefore there is a provision in the Order which requires the Governor to publish Requirements to augment, amplify and detail more precisely the manner in which these obligations shall be met. The Requirements are the means by which the aerodrome operator will be able to satisfy the Governor as to the fulfilment of the obligations in respect of the entitlement to hold and exercise the privileges of an aerodrome certificate.
(d) The issue of a certificate, licence or approval indicates only that the holder is considered competent to ensure the safe and secure operation of an aerodrome in accordance with the Aerodrome Manual and, where applicable, the Aerodrome Security Programme. The possession of such a certificate, Aerodrome Manual or Aerodrome Security Programme does not relieve the aerodrome certificate holder from the responsibility for compliance with the Order and any other legislation in force. Neither does it relieve them of their responsibility for oversight of any service provider contracted by them to meet the requirements imposed upon them.
(e) Other OTAR Parts may impinge upon activities conducted under this OTAR. In particular, Part 1 contains definitions which apply, unless otherwise stated, to all Parts. A full list of OTAR Parts, a description of the legislative structure and the place of OTARs and Overseas Territory Aviation Circulars (OTACs) within it can be viewed on the ASSI website www.airsafety.aero. OTACs relevant to this OTAR can be viewed at: http://www.airsafety.aero/Requirements-and-Policy/OTACs.aspx.
(f) References to the Governor in this OTAR means the regulator designated by the Governor of the Territory to exercise his functions under the Order.
139.3 Use of English
All documentation, written communications and data (electronic or otherwise) for submission to the Governor in support of an application for an aerodrome certificate shall be provided in English.
139.5 Laws, regulations and procedures
Each holder of a certificate, or aerodrome operator, shall take reasonable care to ensure that all persons employed, engaged, or contracted by the holder to perform aviation-related activities are familiar with the appropriate sections of legislation, the Overseas Territories Aviation Requirements, any applicable conditions on the certificate and the procedures specified in the approval holder’s safety assurance documentation or Aerodrome Manual and, where applicable, Airport Security Programme.
139.7 Procedure compliance
Each person performing duties in relation to a certificate shall conform to the applicable procedures specified in the Aerodrome Manual and, where applicable, Airport Security Programme of the certificate holder which authorises the operation.
139.9 Power to Inspect
(a) The holder of an aerodrome certificate, or an aerodrome operator, shall ensure that any person authorised by the Governor is allowed on an aerodrome or place where an aircraft has taken off or landed.
(b) The holder of an aerodrome certificate, or an aerodrome operator, shall ensure that any person authorised by the Governor shall have access to any documentation pertinent to the certification of the aerodrome. The holder of a certificate shall be responsible for ensuring that, if requested to do so by an authorised person, documentation is produced within a reasonable period of time.
(c) Each aerodrome certificate holder or operator of an aerodrome shall comply with any request by the Governor for a practical demonstration or test to verify compliance with the OTARs.
Except where stated, the definitions used throughout OTAR Part 139 are in accordance with those detailed in OTAR Part 1 and ICAO Annex 14, Volumes 1 and 2.