Aerodrome Certification Regulation B.S (2004 A.D)

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1 Civil Aviation Authority of Nepal Aerodrome Certification Regulation B.S (2004 A.D) The Civil Aviation Authority of Nepal has framed the following rules by exercising the powers conferred by Section 34 of the Civil Aviation Authority of Nepal Act, 2053 B.S (1996 A.D): Chapter 1 Preliminary 1. Short title and commencement (1) These rules may be cited as the "Civil Aviation Authority of Nepal, Aerodrome Certification Regulation, 2061 B.S (2004 A.D.)" (2) This Regulation shall come into force upon the date of approval by Nepal Government 2. Definition The terms described in this sub-section shall have the following meaning whenever they appear in these regulations: a) "Act" means the Civil Aviation Authority of Nepal Act, 2053 BS (1996 AD). b) "Regulation" means the Aerodrome Certification Regulation, 2061 (2004) of CAAN. c) "Rule" means the rule under Aerodrome Certification Regulation, 2061 B.S (2004 A.D) of CAAN. d) "Authority" means the Civil Aviation Authority of Nepal (CAAN) established pursuant to Section 2 (b) of the Civil Aviation Authority of Nepal Act, 2053 B.S (1996 A.D). e) "Director General" means the Director General appointed, pursuant to Section 2 (n) of the Civil Aviation Authority of Nepal Act, 2053 B.S (1996 A.D). f) "Prescribed" or "as Prescribed" means prescribed or as prescribed in the rules framed under this Regulation. g) "Aerodrome" means a defined area on land (including any buildings, installations and equipment) intended to use either wholly or in part for the arrival, departure and surface movement of aircraft. h) "Aerodrome Certificate" means a certificate issued by the Director General under Rule 6 of these regulations for operation of an aerodrome following the acceptance of the aerodrome manual for the aerodrome

2 i) "Aerodrome facilities and equipment" means facilities and equipment inside or outside the boundaries of an aerodrome that are constructed or installed and maintained for the arrival, departure and surface movement of aircraft. j) "Aerodrome Manual" means the manual that forms part of the application for an aerodrome certificate pursuant to Rule 6 of these regulations and includes any amendments hereto accepted/approved by the CAAN. k) "Aerodrome Operator" means a corporation, company, agent, firm or person incorporated pursuant to the prevailing laws and which has obtained Aerodrome Certificate in accordance with Rule 6. l) "Aerodrome Inspector" means an aerodrome inspector employed by CAAN. The aerodrome inspector is responsible for identifying aerodromes that are required to be certified under the provisions of this regulation. m) "Apron" means a defined area on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading of passengers, mail or cargo, fuelling, parking or maintenance. n) "Calendar" means discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day o) "'Certified aerodrome" means an aerodrome having aerodrome certificate pursuant to Rule 6. p) "Maneuvering area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons. q) "Marker" means an object displayed above ground level in order to indicate an obstacle or delineate a boundary. r) "Marking" means a symbol or group of symbols displays on the movement area in order to convey aeronautical information s) "Maximum Carrying Capacity" in relation to an aircraft, means the maximum passenger seating capacity, or the maximum pay load, permitted under the aircraft's certificate of type approval. t) "Maximum Passenger seating capacity" in relation to an aircraft, means the maximum number of seats for passengers permitted under the aircraft's certificate of type approval. u) "Movement area" means that part of the aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the maneuvering area and the apron(s). t) "Obstacle" in relation to an aerodrome, means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that are located on an area intended for the surface movement of aircraft or that extend above a defined surface intended to protect aircraft in flight

3 u) "Obstacle free zone (OFZ)" in relation to an aerodrome means the airspace above the inner approach surface, inner transitional surfaces, the balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air navigation purposes. v) "Obstacle limitation surface" means a series of surfaces that define the volume of airspace at and around an aerodrome to be kept free of obstacles in order to permit the intended aeroplane operations to be conducted safely and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome. w) Runway strip means a defined area including the runway and stopway, if provided, intended: (a) to reduce the risk of damage to aircraft running of a runway; and (b) to protect aircraft flying over it during take-off or landing operations x) "Safety management system" means a system for the management of safety at aerodromes, including the organizational structure, responsibilities, procedures, processes and provisions for the implementation of aerodrome safety policies by an aerodrome operator, which provides for the control of safety at, and the safe use of, the aerodrome. y) "Taxiway strip" means an area including a taxiway intended to protect an aircraft operating on a taxiway and to reduce the risk of damage to an aircraft accidentally running off the taxiway. z) Time limited works means Aerodrome works that may be carried out if normal aircraft operations are not disrupted and the movement area can be restored to normal safety standards in not more than 30 minutes. aa) "Unserviceable area" means a part of the movement area that is unfit and unavailable for use by aircraft. bb) "Work area" means a part of an aerodrome in which maintenance or construction works are in progress. 3. Standards and practice Any reference in these regulations to aerodrome standards and practices is a reference to the Standards and Recommended Practices (SARPs) in the latest version of Volume I to Annex 14 to the Convention on International Civil Aviation, and the national regulations and practices as amended from time to time

4 Chapter 2 Aerodrome Certification 4. Requirement of an Aerodrome Certificate 1) An operator of an aerodrome intended for international operations shall be in possession of an aerodrome certificate. 2) An operator of an aerodrome intended for domestic operation for public use in accordance with the national requirements, an Aerodrome Certificate shall be obtained if the maximum passenger seating capacity of the aircraft employed in the operation exceeds 30 seats as of 31 st December ) An operator of an aerodrome for which an Aerodrome Certificate is not required may, nevertheless, apply for an aerodrome certificate. However, such aerodromes shall be registered with the CAAN. 5. Application for an Aerodrome Certificate 1) An application for an Aerodrome Certificate shall be submitted to the Director General for approval. 2) The application pursuant to Rule 5(1) along with the Aerodrome Manuals shall be submitted as per the Aerodrome Certification Regulation, Aerodrome Certification Procedures and other relevant documents. 6. Grant of Aerodrome Certificate 1) Subject to the provisions in Rule 6(2) and 7 below, the Director General shall approve the application and accepts/approve the Aerodrome Manual submitted under rule 5 and grants an Aerodrome Certificate to the applicant. 2) Before granting an Aerodrome Certificate, the Director General must be satisfied that; a) the applicant and his/her staff have the necessary competence and experience to operate and maintain the aerodrome properly; b) the aerodrome manual submitted with the application contains all the relevant information; c) the aerodrome facilities, services and equipment are in accordance with the standards and practices specified in the national/icao standards. d) the aerodrome operating procedures make satisfactory provision for the safety of aircraft; and e) an acceptable safety management system is in place at the aerodrome

5 7. Refusal of an Aerodrome Certificate The Director General may refuse to grant an Aerodrome Certificate to an applicant. In such cases, the Director General must notify the applicant, in writing, of its reasons, no latter than sixty days after making that decision. 8. Endorsement of Conditions on an Aerodrome Certificate After a successful completion of the processing of the application and inspection of the aerodrome, the Director General, while granting the Aerodrome Certificate will endorse the conditions of the type of use of the aerodrome and other details as mentioned in the certificate. 9. Duration of an Aerodrome Certificate An Aerodrome Certificate shall be valid until it is suspended or cancelled pursuant to Rule Surrender of an Aerodrome Certificate (1) An Aerodrome Certificate holder must give the Director General not less than 90 days written notice of the date on which the certificate is to be surrendered in order that suitable promulgation action can be taken. (2) The Director General shall take appropriate action in this regard and cancel the said certificate with effect from the said date. 11. Transfer of an Aerodrome Certificate An Aerodrome Certificate is not transferable. 12. Interim Aerodrome Certificate (1) The Director General may issue an interim Aerodrome Certificate to the applicant pursuant to Rule 5 and 6 (2) An interim Aerodrome Certificate shall be valid for a period not more than twelve months. 13. Amendment to an Aerodrome Certificate The Director General may, provided that the requirement of Rule 6, 21 and 22 have been met, amend an Aerodrome Certificate when: a) there is a change in the management of the aerodrome; or b) there is a change in the use or operation of the aerodrome; or c) there is a change in the boundaries of the aerodrome; or d) the holder of the aerodrome certificate requests the amendment

6 14. Aerodrome without the Aerodrome Certificate (1) The Director General may, taking into account the nature of operation, grant permission to operate the aerodrome without Aerodrome Certificate. (2) No aerodrome shall have commercial or otherwise any kind of flight operation without approval of the Director General. 15. Cancellation or suspension of an Aerodrome Certificate 16. Fee (1) The Director General may suspend or cancel an Aerodrome Certificate if there are reasonable grounds for believing that: a) a condition to which the certificate was subject has been breached; or b) the aerodrome facilities, operations or maintenance are not of the standard required in the interests of the safety of air navigation. (2) Before suspending or canceling an Aerodrome Certificate, the Director General must give to the holder a notice that sets out the facts and circumstances that appear to justify the suspension or cancellation and invites the holder to show cause, in writing and within 35 days, why the certificate should not be suspended or cancelled. (3) The Director General will take into account any reasons the holder provides within the time allowed prior to making a decision about suspension or cancellation. (4) Letter of notice of suspension or cancellation has effect on the day it is served on the Aerodrome Certificate holder. (5) Internal safety audit of the aerodrome obtaining Certificate pursuant to Rule 6 must be carried to pursuant to Rule 36. (6) If the situation of the aerodrome operations not found satisfactory as per the internal safety audit as referred to in Rule 15(5) and the report there of, the Director General may partly impose restriction in operation of the said aerodrome until the situation has been improved. (7) The Aerodrome Operator must take necessary step immediately to improve the situation of aerodrome operation as referred to in Rule 15(6); and the report thereof immediately after improving the situation must be submitted to the Director General. (8) If the situation of aerodrome operation is found satisfactory on the basis of the report submitted pursuant to Rule 15(7), the Director General may revoke the restriction partly imposed on operation of the aerodrome pursuant to sub-rule. Fee for the Aerodrome Certificate or Interim Aerodrome Certificate and the renewal thereof shall be as prescribed in Appendix 2 in this Regulation

7 17. Preparation of an Aerodrome Manual Chapter 3 Aerodrome Manual 1) The operator of a certified aerodrome must have a manual, to be known as the Aerodrome Manual, for the aerodrome. 2) The Aerodrome Manual shall; (a) be type written or printed and signed by the aerodrome operator (b) be in a format that is easy to revise; (c) have a system for recording the currency of page and amendments, there to, and should include a page for logging revision; and (d) be organized in a manner that will facilities the preparation review and acceptance/approval process. 18. Location of Aerodrome Manual (1) The aerodrome operator must provide the Director General with a complete and current copy of the Aerodrome Manual. (2) The aerodrome operator must keep at least one complete and current copy of the Aerodrome Manual at the aerodrome and one copy at the operator's principal place of business, if different from the aerodrome. (3) The aerodrome operator must make the copy refer to Rule 18(2) available for inspection by authorized CAAN personnel. (4) Other copies of the manual may be held in an electronic form. 19. Information to be included in the Aerodrome Manual (1) The aerodrome operator having aerodrome certificate must include all particulars of Appendix 1 in the Aerodrome Manual. (2) If the Director General exempts the aerodrome operator under Rule 49 from complying with any requirement set out in Rule 6 the Aerodrome Manual must show the identifying number given to that exemption by the Director General and the date the exempted came into effect, and any condition/procedures subject to which the exemption was granted. (3) If a particular is not included in the Aerodrome Manual because it is not applicable to the aerodrome, the aerodrome operator must state in the manual the reason for non-applicability of the particular: a) that the particular is not applicable; and b) the reason for non-applicability - 7 -

8 20. Amendment of the Aerodrome Manual a) The operator of a certified aerodrome must alter or amend the Aerodrome Manual, whenever necessary, in order to maintain the accuracy of the information in the manual. b) To maintain the accuracy of the Aerodrome Manual, the Director General may issue a written directive to an aerodrome operator requiring the operator to alter or amend the manual in accordance with that directive. 21. Notification of changes to the Aerodrome Manual An aerodrome operator must notify the Director General as soon as practicable, of any changes that the operator wishes to make to the Aerodrome Manual. 22. Acceptance/Approval of the Aerodrome Manual The Director General shall accept/approve the Aerodrome Manual and any amendments, there to, provided these meet the requirements of the preceding regulations in this section. 23. Provision for supervision (1) Director General shall appoint adequate number of aerodrome inspectors to inspect particulars of the Aerodrome Manual. (2) The operator of certified aerodrome must appoint an aerodrome manual controller. The functions of aerodrome manual controller are to ensure that: (a) (b) a distribution record is maintained for the holder of each copy, in whole or in part, of the manual; and updates of the manual are provided appropriately to all holders

9 Chapter 4 Obligations of the Aerodrome Operator 24. Compliance with standards and practices The aerodrome operator shall comply with the standards and practices specified in Rule 3 and with any conditions endorsed in the certificate pursuant to Rule 8 and Aerodrome manual controller The operator of a certified aerodrome must appoint an aerodrome manual controller. The functions of the aerodrome manual controller are to ensure that: (1) a distribution record is maintained for the holder of each copy, in whole or in part, of the manual; and (2) updates of the manual are provided appropriately to all holders. 26. Competence of operational and maintenance personnel (1) The aerodrome operator shall employ an adequate number of qualified and skilled personnel to perform all critical activities for aerodrome operation and maintenance. (2) If the Director General requires competency certification requirement for the personnel referred to in Rule 26(1), the aerodrome operator shall employ only those persons possessing such certificates. (3) The aerodrome operator shall implement a program to upgrade the competency of the personnel referred to in Rule 26(1). 27. Aerodrome operation and maintenance (1) Subject to any directives that the Director General may issue, the aerodrome operator shall operate and maintain the aerodrome in accordance with the procedures set out in the Aerodrome Manual. (2) To ensure the safety of aircraft, the Director General may give written directives to an aerodrome operator to alter the procedures set out in the Aerodrome Manual. (3) The aerodrome operator should ensure proper and efficient maintenance of the aerodrome facilities. (4) The aerodrome certificate holder shall coordinate with the body providing air traffic services in order to be satisfied that appropriate air traffic services are available to ensure the safety of aircraft in the airspace associated with the aerodrome. The coordination shall cover other areas related to safety such as aeronautical information service, air traffic services, designated meteorological authorities, and security

10 28. Planning and execution of aerodrome works (1) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots. (2) The operator must comply with the standards set out in the ICAO Annex 14 Volume I SARPs in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out. 29. Works safety officer for aerodrome works other than time -limited works (1) If aerodrome works (other than time-limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint one or more persons as works safety officers for the aerodrome works. (2) The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out. 30. Works safety officer for time -limited works If time-limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained to perform the function of a works safety officer performs that function for those works. 31. Aerodrome emergency committee (1) The operator of a certified aerodrome must establish an aerodrome emergency committee. (2) The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome. 32. Aerodrome emergency plan (1) The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan. (2) The plan must include: a) procedures for coordinating the responses of all emergency service organisations referred to in the plan; and b) any other matters that are required to be included in the emergency plan by the ICAO Annex 14 Volume I SARPs. (3) The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly. (4) The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan. (5) As soon as practicable after an emergency exercise has been carried out at the

11 aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to: a) review the effectiveness of the responses to the exercise or the emergency; and b) assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and c) take such corrective action as is necessary to ensure that the plan operates properly. (6) The operator must ensure that: a) records of each review of the emergency plan carried out under this regulation are kept; and b) each record is retained for at least 3 years after the review to which the record relates was carried out. 33. Testing of aerodrome emergency plan (1) Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test: a) the coordination of the emergency service organizations referred to in the aerodrome s emergency plan; and b) the adequacy of the procedures and facilities provided for in the plan. (2) If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask the Director to extend the period within which the next emergency exercise must be conducted. (3) The Director must grant the request if it is satisfied that: a) all emergency service organizations referred to in the plan responded to the real emergency; and b) the real emergency adequately tested the plan. (4) In granting the request, the Director may extend the period until the end of 2 years after the real emergency occurred. 34. Aerodrome operator's safety management (1) The aerodrome operator shall establish a safety management system for the aerodrome describing the structure of the organization and the duties, powers and responsibilities of the officials in the organizational structure, with a view to ensuring that operations are carried out in a demonstrably controlled way and are improved where necessary. (2) The aerodrome operator shall oblige all the users of the aerodrome, including aircraft operators, ground handling agencies and other organizations that perform activities independently at the aerodrome in relation to flight or aircraft handling, to comply with the requirements laid down by the aerodrome operator with regard to safety and order at the aerodrome, and shall monitor such compliance. (3) The aerodrome operator shall oblige all the users of the aerodrome including aircraft operators, ground handling agencies and other organizations referred to in Rule

12 34(2), to cooperate in the program to promote safety and order at, and the safe use of, the aerodrome by immediately informing it of any accidents, incidents, defects and faults which have a bearing on safety. 35. The aerodrome safety manager The operator of the certified aerodrome must appoint an aerodrome safety manager, responsible for providing guidance and direction for the operation of the aerodrome safety management system. 36. Aerodrome operator's internal safety audits and safety reporting (1) The aerodrome operator shall arrange for an audit of the safety management system, including an inspection of the aerodrome facilities and equipment. The audit shall cover the aerodrome operator's own functions. The aerodrome operator shall also arrange for an external audit and inspection program for evaluation of other users, including aircraft operators, ground handling agencies and other organizations working at the aerodrome as referred to in Rule 34(2). (2) The audits referred to in Rule 36(1) shall be carried out at least once a year. (3) The aerodrome operator shall ensure that the audit reports, including the report on the aerodrome facilities, services and equipment, are prepared by qualified safety expert. (4) The aerodrome operator shall retain a copy of the report(s) referred to in Rule 36(3) for a period of at least two years. The Director General may request for a copy of the report(s) for its review/reference. (5) The reports referred to in Rule 36(3) must be prepared and signed by the persons who carried out the audit and inspection. 37. Access to the aerodrome (1) Personnel authorized by the Director General may inspect and carry out tests on the aerodrome facilities, services and equipment, inspect the aerodrome operators documents and records and verify the aerodrome operator's safety management system before the aerodrome certificate is granted or renewed and subsequently, at any other time, for the purpose of ensuring safety and order at the aerodrome. (2) An aerodrome operator shall, at the request of the person referred to in Rule 37(1), allow access to any other time, for the aerodrome facility, including equipment, records, documents and operator's personnel for the purpose referred to in Rule 37(1). (3) The aerodrome operator shall assist and cooperate in conducting the activities referred to in Rule 37(1)

13 38. Notifying and reporting (1) An aerodrome operator shall adhere to the requirements of notifying and reporting, within the specified time limits, to the Director General, air traffic control and pilots, as required in this regulation. (2) Notification of inaccuracies in Aerodrome Information Service (AIS) publications: An aerodrome operator shall review all Aeronautical Information Publication (AIPs), AIP Supplements, AIP Amendments, Notice to Airmen (NOTAMs), Preflight Information Bulletins and Aeronautical Information Circulars issued by the AIS on receipt, thereof, and immediately after such reviews, notify AIS of any inaccurate information contained, there in, that pertains to the aerodrome. (3) Notification of changes in aerodrome facilities, equipment, and level of services planned in advance. An aerodrome operator shall notify AIS and the Director General in writing at least 60 days before any change to the aerodrome facility or equipment or the level of services at the aerodrome that has been planned in advance and that is likely to affect the accuracy the information contained in any AIS publication referred to in Rule 38(2). (4) Issues requiring immediate notification: Subject to the requirements of Rule 30(5), an aerodrome operator shall give to AIS and shall arrange for air traffic control and the flight operation unit to receive immediate notice detailing any of the following circumstances of which the operator has the knowledge; a) Obstacles, obstructions and hazards: i. any projections by an object through an Obstacle Limitation Surface relating to the aerodrome; and ii. the existence of any obstruction or hazardous condition affecting aviation safety at or near the aerodrome; b) Level of Service: reduction in the level of service at the aerodrome set out in AIS publications referred to in Rule 38(2). c) Movement Area: closure of any part of the movement area of the aerodrome; and d) any other condition that could affect aviation safety at the aerodrome and against which precautions are warranted. (5) Immediate notification to pilots: When it is not feasible for an aerodrome operator to arrange for the air traffic control and the flight operation unit to receive notice of a circumstance refer to Rule 38(4) in accordance with that rule, the operator must give immediate notice directly to the pilot who may be affected by that circumstance

14 39. Reporting officer (1) The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome. (2) The functions of a reporting officer are: a) to monitor the serviceability of the aerodrome; and b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under Rule 38 (3). (3) The operator must not appoint a person as a reporting officer if the person has not been trained to perform the reporting officer s functions. 40. Aerodrome serviceability inspections (1) An aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations. (2) The inspection must include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) an inspection of the movement area to check its surface condition (including for the presence of foreign objects); an inspection of aerodrome markings, lighting, wind direction indicators and ground signals; an inspection for any obstacles infringing the take-off, approach and transitional surfaces; an inspection for any birds or animals on or near the movement area; an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing); an empirical assessment of the bearing strength of unrated runway pavements; an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations; an inspection of the aerodrome s frequency confirmation system (if any); a check of whether any NOTAMS for the aerodrome are current and accurate. (3) The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the ICAO Annex 14 SARPs. 41. When aerodrome serviceability inspections must be conducted (1) The operator of a certified aerodrome must conduct an aerodrome serviceability inspection: (a) on each day on which an airline service operates at the aerodrome; or (b) in any other case at least twice a week. (2) The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection: a) after a gale, storm or other severe weather; and

15 b) at any time that air traffic control or CASA requires the inspection. 42. Aerodrome technical inspections (1) An aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected. (2) The inspection must include the following: (3) an instrument survey of the approach, take-off and transitional surfaces; (4) an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator; (5) an electrical testing of any earthing points at the aerodrome; (6) an inspection and assessment of the movement area pavements and drainage; (7) an inspection of signs on the movement area; (8) an inspection of facilities at the aerodrome used for any of the following: a) aerodrome emergencies; b) the handling of hazardous materials; c) bird and animal hazard management; stand-by and emergency aerodrome lighting; (9) an inspection of airside vehicle control arrangements (if any); (10) a check of the currency and accuracy of: (11) aerodrome information published in AIP; and (12) aerodrome operating procedures specified in the aerodrome manual for the aerodrome. (13) The inspection must comply with all applicable standards for aerodrome technical inspections set out in the ICAO Annex 14 SARPs. 43. When aerodrome technical inspections must be conducted (1) The operator of a certified aerodrome must ensure that: (a) an aerodrome technical inspection is conducted at intervals of not more than 12 months; or (b) if the operator has elected to have a part or parts of the inspection conducted at different times under Rule 43(2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months. (2) The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts. (3) If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable. (4) The operator: a) must, if the operator has elected to have a part or parts of an aerodrome

16 technical inspection conducted at different times under Rule 43(2): (i) keep records of each part of each inspection; and (ii) retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or b) must, in any other case: (i) keep records of each inspection; and (ii) retain each record for at least 3 years after the inspection to which the record relates was conducted. 44. Who may conduct aerodrome technical inspections (1) The operator of a certified aerodrome must ensure that an aerodrome technical inspection is conducted by a person or persons with appropriate technical qualifications and experience. (2) In particular: a) the movement area, other pavements and drainage must be inspected by a person who has a recognized degree, diploma or certificate in civil engineering or appropriate technical experience; and b) the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and c) the obstacle limitation surfaces must be inspected by a person who: (i) is technically qualified or experienced in surveying; and (ii) 45. Special Inspections has a sound knowledge and understanding of the standards and survey procedures for obstacle limitation surfaces. An Aerodrome Operator shall inspect an aerodrome, as the circumstances require, to ensure aviation safety: (1) as soon as practicable, after any aircraft accident or incident within the meaning of these terms as defined in Annex 13 to the Convention on International Civil Aviation and the States notification procedure for notifying incidents and accidents. (2) during any period of construction or repair of the aerodrome facilities or equipment that is critical to the safety of aircraft operations; and (3) at any other time when there are conditions at the aerodrome that could affect aviation safety. 46. Removal of obstruction from aerodrome surface An aerodrome operator shall remove, or arrange for the removal of, from the aerodrome surface any vehicle or other obstructions that is likely to be hazardous. 47. Warning Notices Where low flying aircraft, at or near an aerodrome, or taxing aircraft are likely to be hazardous to people or vehicular traffic, the aerodrome operator shall;

17 (1) post notices warning of the hazard on any public way that is adjacent to the manoeuvering area; or (2) if such a public way is not controlled by the aerodrome operator, inform the authority responsible for posting the notices on the public way that there is a hazard. 48. Aerodrome Operation Hour (1) An aerodrome operator shall mention aerodrome operation hour in the aerodrome manual. (2) If the aerodrome is to be kept open for the additional time more than the time to be kept open as referred to in Rule 48(1), the Aerodrome Operator may, on the approval of the Director General, collect additional charge to cover only the operational cost

18 Chapter 5 Exemptions Aerodrome Certification Regulation 2061, First Amend Exemptions (1) The Director General may exempt, in writing, an aerodrome operator from compliance with specific provisions of this Regulation. (2) Before the Director General decides to exempt the aerodrome operator, the Director General must take into account all safety related aspects. (3) An exemption is subject to the aerodrome operator complying with the conditions and procedures specified by the Director General in the aerodrome certificate as being necessary in the interest of safety. 50. Deviation from Standard and Practices (1) When an aerodrome does not meet the requirement of a standard or practice specified in Rule 3, the Director General may determine, after carrying out aeronautical studies, only if and where permitted by the standards and practices, the conditions and procedures that are necessary to ensure a level of safety equivalent to that established by the relevant standard and practice. (2) Deviation from a standard or practice and the conditions and procedures referred to in Rule 8 shall be set out in an endorsement on the Aerodrome Certificate. 51. Special Priority Flight The special flight engaged in transportation of rescue materials, medicine and medical personnel, related equipment, etc. for the search and rescue at the time of natural disasters, accident, epidemic or other emergency must be given special priority as per the direction of the Director General

19 Chapter 6 Conditions and Facilities to be Observed for safety Safe Operation 52. Breach of law: (1) All users of aerodrome including aircraft operator, pilot, crew members shall not breach safety related regulation. Incase of any breach of this regulations, the Aerodrome Operator must submit the report thereof to the Director General. (2) The Director General may cause to take action as per the prevailing rules and regulations of CAAN on the report submitted by the Aerodrome Operator pursuant to Rule 52(1). 53. Rescue and Fire fighting Services Well equipped, organized adequate trained staff for Rescue and Fire Fighting Services, as per the Annexes, AIP and Manuals shall be made available for the rescue and safety of passengers, aircraft, aerodrome, all the aerodrome users, existing services and facilities. 54. Inflammable and Hazardous Goods The inflammable and hazardous goods and substances shall neither be allowed for transportation in an excessive amount nor by any other means except as specified by Nepal Government and the Authority. No one shall be allowed to smoke in places other than that specified at the aerodrome. 55. Unauthorized Movement The passengers, goods, living things, birds, etc. shall not be transported to the unauthorized destination other than that specified at the flight originating aerodrome

20 Chapter 7 Regulatory Authority Aerodrome Certification Regulation 2061, First Amend Organization (1) CAAN shall establish an entity responsible for ensuring the requirements set forth in Sections 1.4, 1.5, 1.6 and 1.7 of Annex 14, Volume I. The organizational structure and staffing of such an entity, hereinafter referred to as the Department of Aerodromes Safety and Standards (DASS) shall be as shown Appendix 3. (2) The primary responsibility of the DASS should be to ensure that: a) the aerodromes under the jurisdiction of the State offer a safe operational environment in accordance with the Convention on International Civil Aviation; and b) the State s obligation under Article 38 of the Convention to notify ICAO of differences between its national regulations and practices and the International Standards contained in Annex 14, Volume I, is met. It is also recommended that differences between the Recommended Practices contained in the Annex and the State s national regulations and practices be notified to ICAO. (3) As per the organizational structure of a DASS, the Department shall have two divisions, one dealing with aerodrome standards and the other with aerodrome safety. The Aerodrome Standards Division shall deal with aerodrome design and engineering specifications. The Aerodrome Safety Division shall deal with aerodrome certification, compliance and enforcement and technical research and recording of aerodrome safety data. (4) The aerodrome certification and subsequent safety inspection tasks require input from the aerodrome engineering and flight operation inspection staff of the CAAN. 57. Functions and Responsibilities of the DASS (1) Aerodrome Certification These tasks and responsibilities include: a) receiving, recording, reviewing and processing, in cooperation with the Flight Operations Division of the CAAN, the expressions of interest received from an intending applicant for an aerodrome certificate; b) receiving, recording, reviewing and processing, in cooperation with the Flight Operations Division of the CAAN, the formal application for an aerodrome certificate, including the initial inspection covering the review of the aerodrome manual, on-site verification, inspection and testing of aerodrome particulars, facilities and equipment, including aeronautical studies, if and where permitted by the standards and

21 practices, as described in Aerodrome Certification Procedure Manual; c) grant or refusal of an aerodrome certificate; d) estimating, recording and collecting the cost of the services from applicants; e) receiving, recording, reviewing and processing applications for the surrender of an aerodrome certificate; f) canceling or suspending an aerodrome certificate; and g) grant of an interim aerodrome certificate. (2) Notifications to AIS and other organizations These tasks and responsibilities include: a) notifying AIS of the certified status of an aerodrome and providing the particulars of the aerodrome described in Part 3 of Appendix 1 for promulgation by the AIS; b) reviewing any amendments to aerodrome manuals and notifying AIS of the changes to be made in the AIS publications; c) coordinating with AIS in the review of any notification received from an aerodrome operator for promulgation by AIS, such as notification of: inaccuracies in AIS publications; changes in aerodrome facilities, equipment and level of services planned in advance; obstacles, obstructions and hazards; closure of any part of the manoeuvring area; immediate reduction in the level of service at the aerodrome and any other conditions that could affect the safety at or near the aerodrome and warrant precautions to be taken; and d) coordinating with other agencies and service providers such as aeronautical information service, air traffic services, designated meteorological authorities, and security. (3) Safety audits a) These tasks and responsibilities include: i) periodic or special on-site audits of the aerodrome safety management system including verification of the aerodrome, and data published in the AIP and inspection of the aerodrome facilities, equipment and operating procedures; and ii) review of the aerodrome operator s daily audits and special safety audit reports and actions thereon. b) The tasks and responsibilities associated with periodic inspections are described in 60 and in inspector s hand book under qualifications, duties and responsibilities of aerodrome inspectors. These tasks may be carried out in the following phases: i) Pre-inspection briefing

22 ii) Administrative inspection; iii) Movement area inspection iv) Rescue and fire-fighting v) Fuel facilities vi) Night inspections vii) Post inspection (4) Other safety functions These tasks and responsibilities may include: Aerodrome Certification Regulation 2061, First Amend a) a first-hand evaluation of full-scale aerodrome emergency exercises to identify problems and deficiencies; b) the provision of guidance at the design and construction stages of aerodrome projects, particularly complex projects or where there is significant work that may impact compliance with the regulations; c) final inspection of completed projects involving complex or significant work to identify problems or deficiencies that need to be corrected in order to comply with the requirements of the regulations; d) the organization of, and participation in, aerodrome safety seminars and other training programs to promote a safety culture. (5) Compliance and enforcement a) It is the responsibility of aerodrome operators to comply with the requirements of the aerodrome certification regulations. Aviation safety at aerodromes depends primarily on voluntary adherence to these requirements by the aerodrome operators. Promoting compliance with the regulations through education, training and counseling is therefore of primary importance, and only when these efforts have failed a formal enforcement action should be taken. Sanctions can be administrative or legal depending on the severity of the violation of the regulations and its impact on aviation safety. b) Suspension of an aerodrome certificate may be considered if: i) the aerodrome operator s safety management system is found to be inadequate; ii) iii) it is in the interest of operational safety; all other means for timely correction of the unsafe condition or ensuring safe aircraft operations have not yielded the required results; iv) the technical proficiency or qualifications of the aerodrome operator to perform the duties to meet the critical safety requirements in accordance with the regulations are found

23 inadequate; v) the operator resists or is unwilling to take action to correct or mitigate the condition affecting aviation safety; or vi) the operator willfully fails to perform an already agreed upon corrective action and suspension of the certificate is the last resort to avoid unsafe operations in the aerodrome movement area. c) Revocation of an aerodrome certificate may be warranted if the aerodrome operator: i) is incapable or unwilling to carry out corrective action or has committed/repeated serious violations; ii) iii) has demonstrated a lack of responsibility, such as deliberate and flagrant acts of non-compliance or falsification of records jeopardizing aviation safety; or has made it convincingly clear that the continued operation of the aerodrome will be detrimental to the public interest. (6) Aerodrome standards These general tasks and responsibilities may include the following: a) reviewing ICAO State letters on the subject of aerodromes, preparing responses thereto and taking action thereon; b) developing and continuing to review the national standards and practices for aerodrome design, operation and maintenance, and engineering specifications; c) developing and issuing orders, rules, advisory circulars and guidance material relating to aerodrome standards and practices; d) reviewing plans and designs for new aerodromes or the further development of, or modification to, existing aerodromes, submitted to the Director General CAAN for approval, to ensure that the requirements of the ICAO SARPs and the National regulations are complied with; and e) advising the aerodrome inspectors, as required, on aerodrome standards and practices. 58. Technical Research and Safety Data Records (1) The library should contain all documents issued by ICAO relating to the design, operation and maintenance of aerodrome facilities and equipment, and all national standards, rules, orders, advisory circulars and guidance material. Addition-ally, the standards and other relevant documentation issued by other

24 States which are commonly used as reference material, and important textbooks and magazines on the subject should also be kept in the technical library. The documents in the library should be promptly amended to keep them current. (2) DASS should maintain files for each aerodrome including certified aerodromes. The file for each certified aerodrome should contain records from the expression of interest stage to the issuance or refusal of the certificate, and the file should remain open thereafter for further documentation and correspondence on the subject. Additionally, an aerodrome certificate register should be maintained for each aerodrome as well as a reference log of the date of issue of important letters, forms and certificate numbers. (3) Close liaison should be maintained with the Accident Investigation Committee to obtain data on aircraft accidents and incidents at or near aerodromes for use by DASS staff in their continuing work. 59. Staffing The DASS should be headed by a qualified and experienced person. The aerodrome standards division should be staffed with qualified civil engineers and electrical engineers with experience in aerodrome design, construction or maintenance. The Aerodrome Safety Division should be staffed with aerodrome inspectors. The detailed qualification requirements, duties and responsibilities of aerodrome inspectors are given in Rule Qualifications, Duties and Responsibilities of Aerodrome Inspectors (1) Aerodrome inspectors may be engineers (civil or electrical) with at least four years experience in aerodrome planning, operation or maintenance and should possess a sound knowledge of Annex 14, Volume I, all relevant manuals published by ICAO, and the national standards and practices. (2) The CAAN may also consider hiring persons with other qualifications, experience and knowledge suitable for carrying out the duties of aerodrome inspector, subject to any conditions that the CAAN may have regarding the person s qualifications, experience and knowledge. Training in the appropriate elements of aerodrome engineering relevant to aerodrome inspection should be an essential requirement. (3) Aerodrome inspectors will report to the head of the DASS through the Head of the Aerodrome Safety Division and will be responsible for carrying out the functions described in Rule 57(1) to 57(5). Adequate on-the-job training should be provided before entrusting the whole spectrum of aerodrome inspection duties to an inspector

25 Chapter 8 Miscellaneous Aerodrome Certification Regulation 2061, First Amend Powers to Frame Manual, Procedures, Requirement and Directives: (1) The Director General may frame and enforce, or cause to be framed and enforced, Manual, Procedures, Requirements and Directives in line with the national and international norms for implementation of Annex, Manual and Standards set by the International Civil Aviation Organization for the safe operation of aerodrome not being inconsistent with the prevailing laws pertaining to Civil Aviation and this Regulation (2) Provision laid down in the Manual, Procedures, Requirements and Directives framed pursuant to Rule 61(1) shall be applied to all the parties in connection with the aerodrome operation. 62. Training (1) In order to prepare qualified and efficient employees required for aerodrome operation including repair, maintenance, safety and security of the aerodrome and special qualification if required for such employees pursuant to Rule 26(2), the Aerodrome Operator may submit a schedule to the Director General for conducting an appropriate training or getting the same done from a licensed training organization. (2) Apart from operating the aerodrome, the Aerodrome Operator must provide necessary assistance at the aerodrome to the various training conducted by or on behalf of Civil Aviation and for this the Aerodrome Operator may charge the concerned party a fee in accordance with Rule 62(3). (3) The Aerodrome Operator shall develop a Manual containing necessary curriculum, fees required for conducting training as referred in Rule 62(1) and fix fee for assistance rendered to operate training as referred in the Rule 62(2) and shall implement according to the Manual after approval from the Director General. 63. Flight Permission (1) All the details of flight permission pursuant to Rule 56 of the Civil Aviation Regulation, 2058 (2001) of the Civil Aviation authority of Nepal must also be provided to the Aerodrome Operator in time. (2) Except those flights having flights permission pursuant to Rule 63(1) and flights under emergency, the Aerodrome Operator may prohibit other aircrafts to land at the aerodrome. 64. Restricted Area (1) No one shall be allowed to enter into restricted area specified by the Aerodrome Operator or its authorized personnel without permission

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