Subpart D - The Aerodrome Certificate holder
139.75 Responsibilities of the aerodrome certificate holder
(a) The aerodrome certificate holder shall employ an adequate number of qualified and skilled personnel to perform all critical activities for aerodrome operation and maintenance. If any personnel require the competency certification of a competent authority, then only holders of such a certificate shall be employed.
(b) Where aerodrome certificate holder proposes to make a change to any of the following, prior notification to and acceptance by the Governor is required:
(1) the Accountable Manager; or
(2) the listed senior persons; or
(3) any aspect of aerodrome that may have an effect on aerodrome operation or physical characteristics.
(c) The aerodrome certificate holder shall operate and maintain the aerodrome in accordance with the procedures set out in the Aerodrome Manual and, where applicable, the Airport Security Programme.
(d) The aerodrome certificate holder shall ensure proper and efficient maintenance of the aerodrome facilities.
(e) The aerodrome certificate holder shall take all reasonable steps to ensure that each member of the aerodrome operating staff:
(1) is aware of the contents of every part of the Aerodrome Manual which is relevant to his/her duties as such; and
(2) undertakes his/her duties, as such, in conformity with the relevant provisions of the Manual.
NOTE: Documents may be in hardcopy or electronic. Electronic documents must be accessible to all staff requiring access.
(f) The aerodrome certificate holder shall ensure that any ATS provision is appropriate for the airspace associated with the aerodrome and the maintenance of the safety of aircraft.
(g) The aerodrome certificate holder shall ensure that all other services related to safety where established for the aerodrome, including those services described in paragraphs 139.33(b)(6) and (7) and 139.35(a)(2) and (3)), are established in accordance with the OTARs.
(h) The aerodrome certificate holder shall establish a safety and quality management system for the aerodrome describing the structure of the organisation and the duties, powers and responsibilities of the officials in the organisational structure.
(i) The aerodrome certificate holder shall ensure that all users of the aerodrome, including fixed-base operators, ground handling agencies and other organisations comply with the safety and security requirements laid down by the aerodrome certificate holder. The aerodrome certificate holder shall monitor such compliance. Additionally, the aerodrome certificate holder shall require these users to cooperate in any programme to promote safety and security at the aerodrome by immediately reporting any safety related accidents, incidents, defects or faults.
(j) The aerodrome certificate holder shall arrange for an annual audit of the safety management system, including an inspection of the aerodrome’s facilities and equipment. The audit shall cover the aerodrome certificate holder’s own functions. The aerodrome certificate holder shall arrange, similarly, for an external audit and inspection programme for the evaluation of contractors, sub-contractors or tenants at the aerodrome.
(k) The aerodrome certificate holder shall ensure that any audit report, including the report on the aerodrome facilities, services and equipment, is prepared by a suitably qualified safety expert(s) who shall prepare and sign the report.
(l) An aerodrome certificate holder shall allow access to any part of the aerodrome or any aerodrome facility, including equipment, records, documents and operator personnel, by an authorised person. An aerodrome certificate holder shall co-operate in any associated audit or inspection.
(m) An aerodrome certificate holder shall systematically review all Aeronautical Information Publications (AIPs), AIP Supplements, AIP Amendments, Notices to Airmen (NOTAMs), Pre-flight Information Bulletins and Aeronautical Information Circulars issued by AIS about the certificated aerodrome and shall notify AIS of any inaccurate information.
(n) An aerodrome certificate holder shall notify AIS and the Governor, in writing, at least 60 days before effecting any change to the aerodrome facility or equipment or the level of service at the aerodrome that has been planned in advance and which will affect the accuracy of the information contained in any AIS publication.
(o) An aerodrome certificate holder shall immediately notify AIS, ATS and any affected aircraft operators and the Governor about:
(1) any projections by an object through an obstacle limitation surface relating to the aerodrome; or
(2) the existence of any obstruction or hazardous condition affecting aviation safety at or near the aerodrome; or
(3) any reduction in the level of service at the aerodrome previously promulgated in any of the AIS publications; or
(4) the closure of any part of the movement area of the aerodrome; or
(5) any other condition that could affect aviation safety at the aerodrome.
(p) When it is not feasible for an aerodrome certificate holder to arrange for the relevant ATS or aircraft operator to receive a notice of any change of operational significance, then the operator must inform pilots, who may be affected by that change, directly.
(q) An aerodrome certificate holder shall inspect an aerodrome:
(1) as soon as practicable after any aircraft accident or incident, as defined in OTAR Part 1; or
(2) during any period of construction or repair of the aerodrome’s facilities or equipment that is critical to the safety of aircraft operation; or
(3) at any other time when there are prevailing conditions at the aerodrome that could affect aviation safety.
(r) An aerodrome certificate holder shall remove any hazardous vehicle or other obstruction from the aerodrome.
(s) When low flying aircraft, at or near an aerodrome, or taxiing aircraft are likely to be hazardous to people or vehicular traffic, the aerodrome certificate holder shall:
(1) post hazard warning notices on any public way that is adjacent to the manoeuvring area; and
(2) if the aerodrome certificate holder does not control such a public way, inform the authority responsible for posting such notices that there is a hazard.
139.79 Aerodrome availability
(a) Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions.
(b) Notwithstanding paragraph 139.79(a), nothing shall require an aerodrome certificate holder to keep an aerodrome open due to force majeure or in conditions that put life at risk.