Subpart A - General
(a) The Requirements of this Part cover two approvals:
(1) the approval of an organisation (termed the ‘Design Organisation’ in this Part) for the design of Instrument Flight Procedures (IFP); and
(2) the approval of IFPs for publication.
(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”). 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 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. These Requirements are the means by which the applicant will be able to satisfy the Governor as to their fulfilment of their legal obligations in respect of the design and operation of IFPs.
(d) The applicant/s may use another party for meeting the Requirements of this Part. In such cases it becomes a legal obligation upon the applicant to satisfy himself as to compliance with the Requirements of this Part, subject to acceptance by the Governor as a part of the approval (see note) 1. As part of this process, third parties used to meet the Requirements of this Part are subject to audit and acceptance by the Governor.
(e) The issue of a Design Organisation approval indicates only that the organisation is considered competent to design an IFP in accordance with the approval conditions identified by the Governor.
(f) The issue of an IFP approval indicates only that an IFP is considered satisfactory in accordance with the approval conditions identified by the Governor.
(h) The issue of approvals does not relieve any applicant or the pilot-in-command, from the responsibility for compliance with the Order and any other legislation in force.
(i) Other OTAR Parts may impinge upon activities conducted under this Part. 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 Part can be viewed at http://www.airsafety.aero/Requirements-and-Policy/OTACs.aspx.
(j) References to the Governor in this OTAR Part mean the regulator designated by the Governor of the Territory to exercise his functions under the Order.
176.3 Use of English
All documentation, written communications and data (electronic or otherwise) for submission to the Governor in support of an application for approval shall be provided in English.
176.5 Laws, requirements and procedures
Each holder of an approval under this Part shall take reasonable care to ensure that all persons employed, engaged, or contracted by the holder to perform procedure design, validation, publication or maintenance activities, as may be applicable under their approval, are familiar with the appropriate sections of legislation, the Overseas Territories Aviation Requirements, any applicable conditions on the approval and the procedures specified in the approval holder’s safety assurance documentation/exposition.
176.7 Application for approval
(a) An applicant for the grant of an approval shall apply to the Governor in the manner required supplying:
(1) the applicant’s name and address; and
(2) payment of any applicable fees as required.
(b) The applicant shall also provide to the Governor in the manner required either:
(1) an organisational exposition as specified in paragraph 176.23; or
(2) an IFP design report as specified in paragraph 176.41.
176.9 Issue of approval
(a) A Design Organisation approval will be granted when the applicant’s exposition, required by paragraph 176.23, provides sufficient evidence to satisfy the Governor that:
(1) the applicant has an appropriate and adequate management structure with detailed accountabilities and competencies for the safe design of IFPs as required by paragraph 176.27; and
(2) the applicant has appropriate and adequate quality management systems in operation to preserve the integrity of designed IFPs as required by paragraph 176.29; and
(3) the applicant has appropriate and adequate safety management systems in place as required by paragraph 176.31; and
(4) the applicant’s use of any third parties is sufficiently controlled according to the quality and safety management systems as specified above in accordance with the requirements of paragraph 176.37; and
(5) the granting of the approval is not contrary to the interests of aviation safety.
(b) An applicant shall be granted an approval of an IFP if the Governor is satisfied that:
(1) the IFP has been designed by a Design Organisation holding a current approval under Subpart B; and
(2) the applicant sufficiently demonstrates in the IFP design report that:
(i) the IFP has been designed according to the requirements of paragraph 176.45; and
(ii) the IFP has been flight checked according to the requirements of paragraph 176.49; and
(iii) the IFP charts and description have been disseminated in accordance with paragraph 176.55.
176.11 Privileges of approval
(a) A Design Organisation approval shall specify those Overseas Territories in which IFP design services may be provided subject to the provisions of this Part.
(b) Approval of the IFP design report authorises the publication of the IFP subject to the conditions for such use.
(c) An approval shall include such conditions as the Governor may consider appropriate.
176.13 Procedure compliance
Each person performing duties in relation to the design and use of an IFP shall conform with the requirements of this Part and any conditions of approval.
176.15 Power to inspect
Each holder of an approval under this Part shall ensure that any person authorised by the Governor shall have access to any documentation relating to the design, validation, publication or maintenance activities for IFPs as appropriate to the approval. The holder of an approval shall be responsible for ensuring that, if requested to do so by an authorised person, documentation is produced within a reasonable period of time.
The definitions used throughout this Part are in accordance with OTAR Part 1.
The specifications identified in OTAR Part 176 shall not apply to military aerodromes but shall apply to all other aerodromes, including water aerodromes.