126.—(1) Subject to paragraph (4), this article applies to an aircraft defined in article 127 flying on a flight specified in that article.
(2) An aircraft to which this article applies must not take off or land at a place in the Isle of Man other than an aerodrome licensed under this Order for the take-off and landing of such aircraft.
(3) When taking off or landing at an aerodrome specified in paragraph (2), an aircraft to which this article applies must do so in accordance with any conditions subject to which the aerodrome may have been licensed or notified, or subject to which such permission may have been given.
(4) This article does not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate
127.—(1) Article 126 applies to an aeroplane that has a maximum total mass authorised of more than 2730kg flying on a flight —
(a)for the purpose of the commercial air transport of passengers;
(b)for the purpose of instruction in flying given to a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
(c)for the purpose of carrying out flying tests for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence.
(2) Article 126 applies to an aeroplane that has a maximum total mass authorised of not more than 2730kg flying on a flight that is —
(a)a scheduled journey for the purpose of the commercial air transport of passengers;
(b)for the purpose of the commercial air transport of passengers that begins and ends at the same aerodrome;
(c)for the purpose of instruction in flying given to a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence;
(d)for the purpose of a flying test for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
(e)for the purpose of the commercial air transport of passengers at night.
(3) Article 126 applies to a helicopter or gyroplane flying on a flight —
(a)that is a scheduled journey for the purpose of the commercial air transport of passengers; or
(b)for instruction in flying given to a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.
(4) Article 126 applies to a glider (other than a glider being flown under arrangements made by a flying club and carrying no person other than a member of the club) flying on a flight for the purpose of—
(a)the commercial air transport of passengers; or
(b)instruction in flying.
128.—(1) The person in charge of an area in the Isle of Man intended to be used for the take-off or landing of helicopters at night must cause there to be in operation, whenever a helicopter flying for the commercial air transport of passengers is taking off or landing at the area at night, such lighting as will enable the pilot of the helicopter —
(a)when landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and
(b)when taking off, to make a safe take-off.
(2) A helicopter flying for the commercial air transport of passengers at night must not take off or land at a place to which paragraph (1) applies unless there is in operation such lighting.
(3) Paragraph (1) does not apply to an aerodrome specified in article 126(2).
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.
130.—(1) If the applicant for an aerodrome licence requests or if the Department considers that an aerodrome should be available for the take-off or landing of aircraft to all persons on equal terms and conditions, the Department may grant an aerodrome licence with a public use condition in addition to any other conditions.
(2) A public use condition is a condition that the aerodrome is to be available to all persons on equal terms and conditions at all times when it is available for the take-off or landing of aircraft.
(3) An aerodrome licence with a public use condition is in this Order referred to as “a public use licence”.
(4) The holder of a public use licence must cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft flying on flights for the purpose of the commercial air transport of passengers or instruction in flying.
131. The holder of a public use licence must, when required by the Department, supply to the Department such information as it may require about the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.
132. The person in charge of any aerodrome in the Isle of Man that is open to public use by aircraft registered in the Isle of Man (whether or not the aerodrome is a licensed aerodrome) must cause the aerodrome and all of its air navigation facilities to be available for use by aircraft registered in Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in the Isle of Man.
133.—(1) The Department may prescribe the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft.
(2) Section 77(2) of the Civil Aviation Act 1982(2) applies to an aerodrome in relation to which the Department has prescribed conditions in accordance with paragraph (1).
134.—(1) Subject to paragraph (3), an aviation fuel installation manager must not cause or permit fuel to be delivered to the installation unless satisfied that—
(a)the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft;
(b)the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and
(c)in the case of delivery from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation and is fit for use in aircraft.
(2) Subject to paragraph (3), an aviation fuel installation manager must not cause or permit fuel to be dispensed from the installation to an aircraft unless satisfied as the result of sampling that the fuel is fit for use in aircraft.
(3) Paragraphs (1) and (2) do not apply to fuel that has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.
(4) An aviation fuel installation manager must keep a written record for each installation of which the manager has the management, which record must include detailed information about—
(a)the grade and quantity of aviation fuel delivered and the date of delivery;
(b)all samples taken of the aviation fuel and of the results of tests of those samples; and
(c)the maintenance and cleaning of the installation.
(5) An aviation fuel installation manager must—
(a)preserve the written record required under paragraph (4) for 12 months or such longer period as the Department may in a particular case direct; and
(b)within a reasonable time after being requested to do so by an authorised person, produce such record to the person.
(6) A person must not cause or permit aviation fuel to be dispensed for use in an aircraft if the person knows or has reason to believe that the aviation fuel is not fit for use in aircraft.
(7) If it appears to the Department or an authorised person that aviation fuel is intended or likely to be delivered in contravention of a provision of this article, the Department or the authorised person may direct the aviation fuel installation manager not to permit aviation fuel to be dispensed from the installation until the direction has been revoked by the Department or by an authorised person.
(8) In this article—
“an aviation fuel installation manager” means a person who has the management of an aviation fuel installation on an aerodrome in the Isle of Man;
“aviation fuel” means fuel intended for use in aircraft;
“aviation fuel installation” means apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.
S.I. 2007/734 as applied to the Isle of Man.