AERODROME CERTIFICATION COURSE

AERODROME CERTIFICATION COURSE
MODEL AIR LAW Highest level - an Act, Ordinance or similar Secondary level - Regulations and the like Supplementary level - standards, orders, guidance and advisory material So far we have noted that States generally regulate civil aviation by establishing a legislative framework in a tiered manner of several levels, and we have briefly examined some the concepts contained in the highest level of legislation. I would now like to look in some detail at the next level of legislation,, the level of regulation. The focus of the regulations is to enhance the safety, regularity and efficiency of air navigation. Again, the intent of providing a set of model regulations covering the certification of aerodromes is to assist States in the development as necessary of their own national regulations on the matter. The assumptions in the model regulations are generic in nature and may completely not suit the requirements of all States, so some adaptation may be necessary. {next slide} ICAO COSCAP - SA May 2002

MODEL REGULATOINS The regulations are intended to apply to land aerodromes used by civil registered aircraft provisions may be added for the use of military aerodromes by civil aircraft joint user aerodromes It should be noted also that the regulations as presented in this course are intended to be applied to civilian registered aircraft operating on land aerodromes. States may wish to introduce regulations regarding the operation by civilian registered aircraft at military aerodromes. Where a mix of military and regular civil and aviation traffic is allowed at a military aerodrome, the place is usually referred to as a joint-user aerodrome. Joint- user aerodrome arrangements are usually adopted for economic reasons as large aerodromes are expensive national assets. Often military bases are established before a civil aerodrome is constructed. Once an air service for non-military needs arises, pressure may be bought for civil aircraft to use the runways and other facilities at an existing air base. A formal agreement between the authorities responsible for the various types of operations should be concluded so that compliance with the mandatory standards for civil aircraft operations can be assured. Quite often the standards for civil operations will differ from and exceed those that are applicable to military operations. [click] {next slide} ICAO COSCAP - SA May 2002

MODEL REGULATOINS joint user aerodromes economic considerations apply different standards for military and civil operations operational areas may be segregated Quite often the standards for civil operations will differ from, and exceed, those that are applicable to military operations. Rules also need to be established in respect to common user facilities (funding, work arrangements, operations and maintenance) and the effect of military systems on civil operations, (j bars and arrestor systems etc) . Consideration may also need to be made for the ATC and RFFS services Areas may need to be set aside specifically for civil aircraft operations so that mandatory regulations can be achieved,and so the military and civilian operations do not clash. Not really suitable for armed warplanes to be mixed operationally with civilian passenger transport aircraft. When an aerodrome designed to comply with, and be operated to, civil aviation standards is used by military aircraft it is not normally called a joint user aerodrome. Military aviation is generally not regulated by the CAA and any such peace time operations would be conducted in accordance with civil aviation procedure. [click] {next slide} ICAO COSCAP - SA May 2002

AERODROME CERTIFICATION COURSE MODEL AIR LAW Regulations
Section A General matters Section B Aerodrome certification Section C Aerodrome manual Section D - Aerodrome operator obligations Section E Exemptions {click} hand out # 1 The model regulations cover a wide variety of matters that need to be addressed as safety rules, so they have been divided into five sections, {click} Sect a - general matters {click} Sect b - Aerodrome certification {click} Sect c - Aerodrome manual {click} Sect d - Aerodrome operator obligations {click} Sect e - Exemptions {Provide the handout document here} {next slide} ICAO COSCAP - SA May 2002

AERODROME CERTIFICATION COURSE MODEL AIR LAW Regulations
Section A General matters Reg Application Reg Definitions Reg Standards and practices General matters include only three items, these being Firstly - Application of the regulations: In Reg. 1 of the model regulations, the applicability of the regulations in total is linked to aerodromes serving domestic or international operations. Applicability could be further constrained to domestic aerodromes served by aircraft with, say, a passenger capacity greater than 30 or a maximum take off mass greater than 5700 kg, as the particular requirements of individual States dictate. {click} secondly - definitions; Regulation 2 is the definitions area and is used to define terms used in aerodrome matters that have not been defined elsewhere, such as in high level legislation or in other areas of the regulations. Note that in these regulations the applicability to land aerodromes is established in the aerodrome definition, leaving Reg.1 directed at the type of operations as the determinant for certification. and thirdly - aerodrome standards; Regulation 3 relates the regulations to the formal standards documentation to be used for aerodromes - more on standards later in the course. {next slide} ICAO COSCAP - SA May 2002

AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section B - Aerodrome certification
This Section contains the regulations dealing with the requirement for, the application for and issuance, revocation, amendment or surrender of an aerodrome certificate, and the application of conditions to a certificate. Section B contains the regulations about how a certificate may be created, revoked, amend or surrendered and how conditions may be applied to a certificate [this is the end of regs Section A - General] {next slide} will move to Sect B Ad Cert ICAO COSCAP - SA May 2002

Reg Specifies that certain aerodrome operators must hold an aerodrome certificate by no later that 27 November It also allows that other operators may apply for a certificate. Reg 4.1 imposes an obligation on certain aerodrome operators. If an aerodrome is intended to serve air transport operations then the operator of that aerodrome must have a certificate by 27 November 2003 It should be noted that affected aerodromes must be certified even if they are managed and operated by the CAA, and a serious effort in such cases will need to be made by States to avoid conflict of interest issues. Such conflicts could arise if there was the possibility for the regulator to overlook deficiencies in mandatory requirements during the certification process or if compliance with standards was permitted to lapse after certification because of economic difficulties. In extreme situations it may not be possible for enforcement action to be taken (State action being taken against itself!) The regulation also permits operators of other aerodromes to apply for a certificate if they wish to do so. Note only is a means of encouraging higher safety levels in the industry above the minimum as volunteer operators will be required demonstrate that they pass all the safety requirements established in the regulations and comply with relevant standards. {next slide} ICAO COSCAP - SA May 2002

An application must include the Aerodrome Manual.
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section B Aerodrome certification Reg Indicates the the CAA is the certifying authority, that aerodrome certificates are site-specific and that an application must be made in the correct form. An application must include the Aerodrome Manual. Reg 4.2 indicates the the CAA is the certifying authority, that aerodrome certificates are site-specific and that any application must be made in the correct form. The correct form of application includes the concurrent submission of the Aerodrome Manual for the aerodrome. I will deal later with the form of an application and details of the Manual later. This reg just establishes that the CAA can accept a proper application for an aerodrome certificate {next slide} ICAO COSCAP - SA May 2002

Reg Indicates that the CAA may approve an application and grant an Aerodrome Certificate providing it is satisfied in relation to certain specified matters. Reg indicates that the CAA may approve an application and grant an Aerodrome Certificate providing it is satisfied in relation to certain specified matters. The specific matters are listed as ad facilities, services and equipment are in accordance with State’s standards aerodrome operating procedures make satisfactory provision for aircraft safety the Ad Man as submitted contains all relevant information and the CAA is satisfied that the applicant will be able to operate and maintain the aerodrome properly. {next slide} ICAO COSCAP - SA May 2002

Reg. 4.3 - CAA is to be satisfied that:
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section B Aerodrome certification Reg CAA is to be satisfied that: facilities, services and equipment comply with standards; operating procedures provide for aircraft safety; the Manual contains all relevant information; and the applicant being able to operate and maintain the aerodrome properly. Reg (cont) The specific matters are listed as the aerodrome facilities, services and equipment are in accordance with the standards that have been specified by the State the procedures for operating the aerodrome make satisfactory provision for aircraft safety the Aerodrome Manual as submitted contains all the relevant information for the applicant’s aerodrome and the CAA is satisfied that the applicant will be able to operate and maintain the aerodrome properly. Only when all these matters have been satisfied may the CAA issue the aerodrome certificate. {next slide} ICAO COSCAP - SA May 2002

Reg additionally requires that the CAA must be satisfied that on and after 24 November 2005 the operator has a safety management system in place. Reg also requires a future requirement in that an aerodrome certificate holder must, on and after 24 November 2005, have a safety management system in place. A SMS is an approach to safety which consists of a systematic, explicit and comprehensive process for managing safety risks. The topic of SMS will be addressed separately at a later date {next slide} ICAO COSCAP - SA May 2002

Reg ensures that the CAA, if not satisfied with matters specified in Reg 4.3, may refuse to grant a certificate. If the CAA refuses to grant it shall give its reason in a reasonable time. Reg ensures that the CAA may refuse to grant a certificate if it is not satisfied with matters specified in Reg 4.3. If the CAA refuses to grant a certificate it shall give its reasons in a reasonable time. {next slide} ICAO COSCAP - SA May 2002

Reg permits the CAA to grant a certificate subject to any necessary safety related conditions. The CAA will give its reasons for any conditions, and conditions must be expressed formally Reg The CAA may grant a certificate subject to any necessary safety related conditions. If conditions are applicable they should be contained on the certificate or otherwise formally notified to the applicant, and reasons for the conditions being applied should be given {next slide} ICAO COSCAP - SA May 2002

Reg permits the CAA to set a period of validity for an aerodrome certificate, which may be open-ended or for a fixed term. Reg The CAA may grant a certificate valid for a fixed term duration or one that is valid for an open-ended period. States vary in their approach, some electing various periods, e.g. 5 years in the case of New Zealand, and others including US, UK, Australia and Canada have not specified any fixed duration. In cases of non specific duration certificates are issued “ until cancelled or suspended by CAA” In my experience there is no safety benefit in specifying a fixed term certificate because the operators should be subject to routine internal and external inspection and reporting on their safety performance by themselves and the regulator. Inspection frequency will vary according to many considerations, but as a guide a mature competent international aerodrome operator may need audit visits of one or two per year by the regulator. As will be evident from other regulations, the regulator will always retain provisions for dealing with non-compliant certificate holders to ensure that safety is not compromised. If a period of validity is imposed, additional administrative processes need to be developed and implemented to deal with renewal/reissue of the certificate. Additional administrative processes means consequent extra costs will be incurred. Safety will not necessarily be any better assured just because a certificate is issued for a fixed term. My suggestion is that a policy should be adopted to issue certificates on an open-ended basis. With one exception temp certificates discuss separately {next slide} ICAO COSCAP - SA May 2002

Reg permits an aerodrome operator to surrender an aerodrome certificate, and requires the regulator to cancel such certificates. Reg permits an aerodrome operator to surrender an aerodrome certificate, and requires the regulator to cancel such certificates. An appropriate period of notice to arrange industry notification of the changed status of the aerodrome should be incorporated. {next slide} ICAO COSCAP - SA May 2002

Reg enables the CAA to cancel or suspend a certificate for certain safety reasons and outlines a decision making process for suspension or cancellation action. Reg enables the CAA to cancel or suspend a certificate for certain safety reasons and outlines a decision making process for such suspension or cancellation action. The provision of this regulation establishes a basis for the CAA to undertake administrative action for safety reasons as opposed to legal action which may result in penalties for breaches of the law. The focus of the regs is on safety regularity and efficiency. Note differing standards of proof can be applied balance of probability v beyond a reasonable doubt. Note if required regs can be introduced for immediate safety action, but in extreme cases where this might be needed, alternatives such as NOTAM action to close the aerodrome to some or all operations might be more appropriate. {next slide} ICAO COSCAP - SA May 2002

Reg enables the CAA to give consent to an aerodrome certificate transfer and, if satisfied about certain things, issue an instrument of transfer. This provision may produce unwanted outcomes and its adoption should be critically considered. Reg enables the CAA to give consent to an aerodrome certificate transfer and, if satisfied about certain things, issue an instrument of transfer. This regulation needs to be carefully read. In effect it only allows the CAA to consent to the transfer of an aerodrome certificate between two entities and issue an instrument of transfer to one of them. Transferability provision has created very complicated (and costly) administrative procedures and it may result in legal uncertainty. Additionally, extra regulation is normally needed to then change the name on the certificate itself. Some holders have objected to such amendment especially if it is their wish to display the certificate in public. One option which leads to clearer situations and simpler outcomes is to deny transfers of certificates. Australia, eg has moved, with industry support, to regulate for the simpler option and make certificates non-transferable. Other States may wish to consider adopting a policy which regulates that an aerodrome certificate is not transferable. And so avoid the confusion and complexity that can arise if transfers are permitted {next slide} ICAO COSCAP - SA May 2002

Reg enables the CAA to amend an aerodrome certificate if satisfied about certain things. This provision may produce unwanted outcomes and its adoption should be critically considered. Reg enables the CAA to amend an aerodrome certificate if satisfied about certain things. This regulation needs to be carefully read. As written it acts in conjunction with a provision to transfer a certificate to overcome the limitations of transferring a certificate. CAA can only consent to to a request to transfer and then, if satisfied, issue an instrument of transfer. The original certificate remains as it was issued and now is not in the in the name ot the actual operator. Reg 4.10 then becomes necessary to enable the CAA to amend the existing certificate to indicate the new operator’s identity In fact, if certificates are made not-transferable, then an event covered by provision (a), change of ownership or management, would not need a transfer as such an occurrence would require a new certificate. Items (b) and (c), change in use of and change in boundaries respectively , should be more properly managed by amendment to the Aerodrome Manual and, in the case of a change in aerodrome use, by notification through AIS. Item (d) seems to be drawn very widely and thus difficult to interpret consistently. States may wish to consider adopting a policy which does not directly regulate on the matter of aerodrome certificates amendment. [this is the last slide in tke “regulations” section ] break here or {next slide} for “standards” sectiom ICAO COSCAP - SA May 2002

is of fundamental importance to the certification process
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual is of fundamental importance to the certification process it contains all pertinent information; demonstrates the aerodrome confirms to standards; acts as a reference document and is the source for check lists; represents the level of service agreed between the CAA and the aerodrome operator. The Aerodrome Manual is of fundamental importance to the certification process. This is because it {[click] contains all the pertinent information about the aerodrome site, facilities, services, equipment, operating procedures, organisation and management, [c] it demonstrates that the aerodrome conforms to certification standards and practices and that there are no apparent shortcomings that would have a negative safety impact [c] acts as a reference for the operators staff and contains the checklists they are expected to use. The data it contains is used by the CAA to assess if the operator can properly operate and maintain the aerodrome, and is used for initial assessment of an application for a certificate as well as a standard for subsequent audits of the operator [c] it also represents the level of service,the conditions and the standards that have been agreed with the CAA that will be maintained at the aerodrome by the operator. {next slide} ICAO COSCAP - SA May 2002

The Manual should be treated as a living document
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual The Manual should be treated as a living document Structure remains relatively constant Content varies to ensure it remains current and accurate maintenance is the operator’s responsibility The Aerodrome Manual should be treated as a ‘living document’ That is, while the initial structure of the documentation will remain relatively constant, some of the content of the Manual should be expected to change over quite short periods of time. This will be necessary to ensure that all the information in the Manual remains current and correct. A typical example is changes of personnel and their contact details. The responsibility for ensuring the currency of the Manual should rest with the aerodrome operator. {next slide} ICAO COSCAP - SA May 2002

Reg 5.1 - Preparation of Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg Preparation of Aerodrome Manual requires an operator to have a manual specifies details about the manual This regulation identifies the Aerodrome Manual, requires the operator of a certified aerodrome to have one, and specifies that it is to be legible (type written or printed) signed by the ad opr be able to be readily revised (eg loose leaf format) have a system to indicate its currency be organised so as to facilitate its preparation and review ( by the ad opr) as well as an acceptance/approval assessment (by the regulator) {next slide} ICAO COSCAP - SA May 2002

Reg 5.2 - Location of Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg Location of Aerodrome Manual requires an operator to provide CAA with a current copy of the manual specifies details about where the operator will keep the manual permits some copies of the manual to be in an electronic form Reg Location of Aerodrome Manual requires an operator to provide CAA with a copy of the manual that is complete and current. In effect the operator has to ensure CAA is maintained on the distribution list for any amendments to the Manual. specifies details about where the operator will keep the manual so that it is available to those who need to refer to it While the master copies of the manual are to be in hard copy, the regulation permits some copies of the manual to be in an electronic form. {next slide} ICAO COSCAP - SA May 2002

Reg 5.3 - Information required to be in an Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg Information required to be in an Aerodrome Manual information required is considerable and is divided into Parts 1 to 5 inclusive. Any exemptions from the required inclusions is to be justified. Reg information required in the Aerodrome Manual comprehensive information is required and is dealt with in five Parts, each of which has a list of specific requirements. These will be examined in detail in the section on the Aerodrome Manual. It should be noted that the regs require any exclusions from the requirements of the manual to be identified and justified. That is if a particular required topic is not included in the manual because it is not applicable, the ad opr must state in the manual the reason for that non-applicability. Example would be the section on low vis ops if the ad is not equipped with an ILS. And any exemptions to standards issued by the CAA must have the details included in the Aerodrome Manual. This is usually accomplished by having a section in th e manual where copies of actual exemption instruments are placed {next slide} ICAO COSCAP - SA May 2002

Reg 5.4 - revision of an Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg revision of an Aerodrome Manual the operator is required to make any necessary changes, and the CAA can formally direct the operator to make changes to maintain the accuracy of the Manual. Reg revision of an Aerodrome Manual the operator is required to make any necessary changes, and the CAA can formally direct the operator to make changes to maintain the accuracy of the Manual. {next slide} ICAO COSCAP - SA May 2002

Reg 5.5 - Notifying changes to an Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg Notifying changes to an Aerodrome Manual the operator must notify CAA of any changes as soon as practicable Reg Notifying changes to an Aerodrome Manual the operator must notify CAA of any changes as soon as practicable . {next slide} ICAO COSCAP - SA May 2002

Reg 5.6 - CAA acceptance of an Aerodrome Manual
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg CAA acceptance of an Aerodrome Manual providing the requirements have been satisfied, the CAA may accept an aerodrome manual. Reg CAA acceptance of an Aerodrome Manual providing all the stated requirements have been satisfied, the CAA may accept an aerodrome manual. It is open to the CAA to accept or approve an aerodrome manual. However the concept of certification is to place the responsibility for safe operations at the level where the actions that affect safety occur, and maintain the regulator with a safety oversight role. The Ad opr is responsible for ensuring that the activities conducted at the airport are done safely, and he has the local knowledge and experience to be able to produce the Ad Man - this is in fact why the regulations make provision for a manual to be included with an application for a certificate. For the CAA to then ‘approve’ a manual tends to shift the responsibility for the assurance of safety from the operator to the CAA, yet the CAA may be quite removed from the daily airport activities. {next slide} ICAO COSCAP - SA May 2002

to start Section D, obligations of Ad Opr
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section C Aerodrome Manual Reg The aerodrome operator is to appoint an Aerodrome Manual controller, to ensure distribution records are maintained for each holder of a full or part copy of the Manual; and updates of the manual are provided to all holders providing the requirements have been satisfied, the CAA may accept an aerodrome manual. Reg The aerodrome operator is to appoint an Aerodrome Manual controller, to ensure distribution records are maintained for each holder of a full or part copy of the Manual; and updates of the manual are provided to all holders [end of section C] break here or {next slide} to start Section D, obligations of Ad Opr ICAO COSCAP - SA May 2002

The regulations address Reg. 6.1 compliance with standards
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section D Aerodrome Operator obligations The regulations address Reg compliance with standards Reg competent personnel Reg operate and maintain the aerodrome Reg establishing a safety management system The regulations address to comply with specified standards and conditions It would be wise to adopt the development of other States and require the ad opr also to ensure his operation and maintenance activities are conducted with a reasonable degree of care and diligence. This is to confirm that the safety responsibility lies with those who have most control over that activity. competent personnel including employment of persons with mandatory qualification where so required operate and maintain the aerodrome in accordance with procedures set out in the Ad Man 6.4 establish a safety management system within the time frame specified {next slide} ICAO COSCAP - SA May 2002

{next slide} moves to Section E exemptions
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section D Aerodrome Operator obligations Reg safety audits and reporting Reg aerodrome access Reg notifying and reporting Reg special inspections Reg removal of obstructions Reg warning notices safety audits and reporting of the safety management system once it has been introduced - safety audits of the operator based on conformity to regulations and the provisions of his own Ad Man will be required in the interim aerodrome access must be assured for personnel authorised by the CAA to inspect and carry out tests for safety purposes. Such access needs to be available at any time while the certificate is being assessed or after it has been granted 6.7 All notifying and reporting requirements must be capable of being met, but especially those associated with AIS publication errors changes in aerodrome facilities status, equipment and planned level of service variations immediate notification situations pertaining to obstacles, obstructions hazards unplanned reductions in level of service closures of part or all of the movement area special inspections shall be arranged as required (accident, works, other) removal of obstructions from the aerodrome surface 6.10 warning notices associated with low flying aircraft. {next slide} moves to Section E exemptions ICAO COSCAP - SA May 2002

Exemptions may be necessary, but safety must not be compromised
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section E Exemptions Exemptions may be necessary, but safety must not be compromised The rules will never suit every situation in every particular circumstance, and so from time to time a specific event may require a reconsideration as to whether a permission may be allowed which would normally result in breach of a particular rule. The rules about exemptions prescribe how such specific events may be permitted {next slide} ICAO COSCAP - SA May 2002

AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section E - Exemptions
Reg 7.1 Only the CAA can exempt, and such exemptions must be in writing Reg 7.2 Before exempting, the CAA must account for all relevant safety concerns Reg 7.3 Exemptions are only valid if all CAA specified conditions and/or procedures are complied with Reg Only the CAA can issue exemptions, and such exemptions must be in writing Reg Before exempting, the CAA must account for all relevant safety concerns Reg Exemptions are only valid if all CAA specified conditions and/or procedures are complied with {next slide} ICAO COSCAP - SA May 2002

{next slide} end of Regulations sect 5 and all reg sections.
AERODROME CERTIFICATION COURSE MODEL AIR LAW REGULATIONS Section E Exemptions Reg 7.4 The CAA may use aeronautical studies to determine alternative to ensure an equivalent level of safety to some standards Reg 7.5 Exemptions may be endorsed on a certificate or otherwise issued in writing. Exemptions not endorsed on a certificate shall be incorporated in the aerodrome manual. Reg 7.4 The CAA may use aeronautical studies to determine conditions and procedures that will ensure an equivalent level of safety to some standards That is if an aerodrome does not meet a required standard the CAA, if permitted by its own rules, may use the technique of an aeronautical study to determine an alternative to provide an equivalent level of safety that would have been provided by the original standard. Example of rules written as permitting this technique would be ‘ The aerodrome operator shall conduct an ad serviceability inspection twice per day, unless the CAA allows the inspection frequency to be varied” Reg 7.5 Exemptions may be endorsed on an aerodrome certificate or otherwise issued in writing. Exemptions not endorsed on a certificate shall be incorporated in the aerodrome manual. In any event exemptions must be in writing and advised to and recorded by the person to whom they are issued {next slide} end of Regulations sect 5 and all reg sections. ICAO COSCAP - SA May 2002

AERODROME CERTIFICATION COURSE

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