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129.—(1) The Department must grant a licence for an aerodrome in the Isle of Man if the Department is satisfied that—
(a)the applicant is competent, having regard to the applicant’s previous conduct and experience, and equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe for use by aircraft;
(b)the aerodrome is safe for use by aircraft, having regard in particular to the physical characteristics of the aerodrome and of its surroundings;
(c)an effective safety management system is in place; and
(d)the aerodrome manual submitted under paragraph (7) is adequate.
(2) If the Department grants an aerodrome licence it may do so subject to such conditions as it thinks fit and, subject to article 144, the licence remains in force for the period specified.
(3) An aerodrome licence holder must supply to a person on request information concerning the terms of the licence.
(4) An aerodrome licence holder must not contravene or cause or permit to be contravened a condition of the aerodrome licence at any time in relation to an aircraft in respect of which article 127 applies flying on a flight specified in that article, but the licence does not cease to be valid by reason only of such a contravention.
(5) An aerodrome licence holder must take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.
(6) On making an application for an aerodrome licence the applicant must submit to the Department an aerodrome manual for the aerodrome.
(7) An aerodrome manual required under this article must contain all such information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 9.
(8) An aerodrome licence holder must—
(a)supply to the Department any amendments or additions to the aerodrome manual before or immediately after they come into effect;
(b)without prejudice to sub-paragraph (a), make such amendments or additions to the aerodrome manual as the Department may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and
(c)maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.
(9) An aerodrome licence holder must make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of each part of the aerodrome manual that is relevant to their duties and ensure that each such copy is kept up to date.
(10) An aerodrome licence holder must take all reasonable steps to secure that all members of the aerodrome operating staff—
(a)are aware of the contents of each part of the aerodrome manual that is relevant to their duties; and
(b)undertake their duties in conformity with the relevant provisions of the manual.
(11) In this article—
“aerodrome licence holder” means a person who has been granted a licence under paragraph (1)
“aerodrome operating staff” means all persons, whether or not the aerodrome licence holder and whether or not employed by the aerodrome licence holder, whose duties are concerned either with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft, or whose duties require them to have access to the aerodrome manoeuvring area or apron;
“visual traffic pattern” means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome that is not notified for the purposes of rule 45 of the Rules of the Air Regulations 2007(1), the airspace that would comprise the aerodrome traffic zone of the aerodrome if it were so notified.
S.I. 2007/734 as applied to the Isle of Man.
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