Page 319 - Overseas Territories Aviation Requirements Consolidated - Total AOC

Regulation OTAR Part 77 - Activities Affecting Airspace

Regulation

GENERAL REGULATION INFORMATION
Number OTAR Part 77
Name Activities Affecting Airspace
Description

REGULATION ITEMS BY SECTION

Part 77 Activities Affecting Airspace
Reference Description
OTAR.77.1 Purpose
(a) The requirements of this Part cover the following activities: construction, alteration or use of a
structure or use of a light, laser, weapon or pyrotechnic. In general terms such construction,
alteration or use may constitute a hazard to aircraft in flight. The purpose of the Part is to
describe how such activities may safely co-exist with aircraft operations. Such activities may
require the formal approval of the Governor and are described in paragraph 77.17.
(b) These Requirements are not in themselves Law. Failure to comply may not constitute an
offence. However, the Requirements repeat or reproduce many of the provisions of the Air
Navigation (Overseas Territories) Order 2001 (as amended) (?the Order?), including the Rules of
the Air set out in Schedule 13 to the Order. Therefore, failure to comply with these Requirements
may:
(1) constitute a breach of the Order; and
(2) result in proceedings for breaches of the Order; or
(3) result in the refusal of an application for renewal of a certificate or licence; or
(4) result in action to suspend or revoke a certificate or licence.
(c) The Order details the legal obligations governing the construction, alteration or use of a structure
or use of a light, laser, weapon or pyrotechnic. The Order specifies these obligations in rather
general terms, therefore there is a provision in article 135 to the Order which requires the
Governor to publish Requirements to augment, amplify and detail more precisely the manner in
which these obligations shall be met. The Requirements are the means by which the person or
organisation (the Applicant) proposing to undertake such activity, construction, alteration or use
will be able to satisfy the Governor as to their fulfilment of their obligations in respect of the
activity or their entitlement to hold a certificate, licence or approval.
(d) The issue of a certificate, licence or approval indicates only that the holder is considered
competent to secure the safe construction, alteration or use. The possession of such a
document does not relieve the Applicant from the responsibility for compliance with the Order
and any other legislation in force.
OTAR.77.3 Use of English
All documentation, written communications and data (electronic or otherwise) for submission to the
Governor in support of an application for an approval shall be provided in English.
OTAR.77.5 Laws, regulations and procedures
Each holder of an approval shall take reasonable care to ensure that all persons employed, engaged, or
contracted by the holder to perform safety-related activities, are familiar with the appropriate sections of
legislation, the Overseas Territories Aviation Requirements, any applicable conditions on the approval and
the procedures specified in the approval holder?s safety assurance documentation.
OTAR.77.7 Procedure compliance
Each person performing duties in relation to an approval shall conform with the applicable procedures
specified in the safety assurance documentation of the approval holder which authorises the operation.
OTAR.77.9 Power to Inspect
(a) Each holder of an approval shall ensure that any person authorised by the Governor is allowed
access to a place where the approved activity is taking place.
(b) Each holder of an approval shall ensure that any person authorised by the Governor shall have
access to any documentation relating to the safety of aircraft in flight. The holder of an approval
shall be responsible for ensuring that, if requested to do so by an authorised person,
documentation is produced within a reasonable period of time.
OTAR.77.11 Definitions
In the context of this Part, terms shall have the definitions shown in Part 1 Definitions, Abbreviations and
Units of Measurement, except that the following terms shall have the meanings shown:
Activity means:
(a) the construction, alteration or use of a structure; or
(b) the use of a light, laser, weapon or pyrotechnic.
Aeronautical ground light, means any light specifically provided as an aid to air navigation, other than a light
Overseas Territories Aviation Requirements 319 of 386