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No. S 440

Air Navigation Act

(Chapter 6)

Air Navigation (Amendment No. 2) Order 2003

In exercise of the powers conferred by section 3 of the Air Navigation Act, the Minister for Transport hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Air Navigation (Amendment No. 2) Order 2003 and shall come into operation on 15th September 2003.

Amendment of paragraph 2

2. Paragraph 2 of the Air Navigation Order (O 2) (referred to in this Order as the principal Order) is amended —

(a)

by deleting the definition of “aerodrome” in sub-paragraph (1) and substituting the following definitions:

“ “aerodrome” means a defined area on land (including any building, installation and equipment) used or intended to be used, either wholly or in part, for the arrival, departure and surface movement of aircraft;

“aerodrome certificate” means a certificate granted by the Minister under paragraph 67 to a person to operate an aerodrome, subsequent to the acceptance of the aerodrome manual;”;

(b)

by inserting, immediately after the definition of “aerodrome control tower” in sub-paragraph (1), the following definitions:

“ “aerodrome facility and equipment” means the facility and equipment, inside or outside the boundaries of an aerodrome, that is constructed, or installed, and maintained for the arrival, departure and surface movement of aircraft, and “aerodrome facility, equipment” and “aerodrome facility or equipment” shall be construed accordingly;

“aerodrome manual” means the manual forming part of the application for an aerodrome certificate under this Order and includes any amendments thereto made in accordance with this Order;

“aerodrome operator”, in relation to a certified aerodrome, means the holder of an aerodrome certificate;”;

(c)

by inserting, immediately after the definition of “aerodrome traffic zone” in sub-paragraph (1), the following definitions:

“ “Aeronautical Information Circular” means a notice containing information which relates to flight safety, air navigation, technical, administrative or legislative matters;

“Aeronautical Information Publication” means a publication issued by and with the authority of the Aeronautical Information Services and containing aeronautical information of a lasting character essential to air navigation;

“Aeronautical Information Services” means the services established within the defined area of coverage for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation and, where appropriate, includes the personnel and facilities employed to provide information pertaining to the availability of air navigation services and their associated procedures necessary for the safety, regularity and efficiency of air navigation;”;

(d)

by inserting, immediately after the definition of “aeronautical radio station” in sub-paragraph (1), the following definitions:

“ “AIP Amendment” means permanent changes to the information contained in the Aeronautical Information Publication;

“AIP Supplement” means temporary changes, published by means of special pages, to the information contained in the Aeronautical Information Publication;”;

(e)

by inserting, immediately after the definition of “certificate of release to service” in sub-paragraph (1), the following definition:

“ “certified aerodrome” means an aerodrome whose operator has been granted an aerodrome certificate;”;

(f)

by deleting the definitions of “licence for public use” and “licensed aerodrome” in sub-paragraph (1);

(g)

by inserting, immediately after the definition of “manoeuvring area” in sub-paragraph (1), the following definition:

“ “Manual of Aerodrome Standards” means the Manual of Aerodrome Standards published by the Minister under paragraph 67B;”;

(h)

by inserting, immediately after the definition of “military aircraft” in sub-paragraph (1), the following definition:

“ “movement area” means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the aprons;”;

(i)

by inserting, immediately after the definition of “night” in sub-paragraph (1), the following definition:

“ “Notam” or “Notice to Airmen” means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service or procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;”;

(j)

by inserting, immediately after the definition of “notified” in sub-pararaph (1), the following definitions:

“ “obstacle” means any fixed (whether temporary or permanent) or mobile object or part thereof —

(a)	which is located in an area intended for the surface movement of aircraft; or
(b)	which extends above a defined surface intended to protect aircraft in flight;

“obstacle limitation surfaces” 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 aircraft operations to be conducted safely and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome;”;

(k)

by inserting, immediately after the definition of “pilot-in-command” in sub-paragraph (1), the following definition:

“ “Pre-flight Information Bulletin” means a presentation of current Notam information of operational significance, prepared prior to flight;”;

(l)

by inserting, immediately after the definition of “Rules of the Air and Air Traffic Control” in sub-paragraph (1), the following definition:

“ “runway strip” means a defined area, including the runway and stopway if provided, that is intended —

(a)	to reduce the risk of damage to aircraft running off a runway; and
(b)	to protect aircraft flying over the area during take-off or landing operations;”; and

(m)

by inserting, immediately after sub-paragraph (6), the following sub-paragraph:

“(7) For the purposes of paragraphs 67 (4)(e), 67F and 67G (1) and the Eighteenth Schedule, “safety management system” means a system for the management of safety at aerodromes, including the organisational 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.”.

Amendment of paragraph 37

3. Paragraph 37 (5) of the principal Order is amended by deleting the words “Air Navigation (Investigation of Accident) Regulations (Rg 3, 2000 Ed.)” in sub-paragraph (a) and substituting the words “Air Navigation (Investigation of Accidents and Incidents) Order 2003 (G.N. No. S 78/2003)”.

Amendment of paragraph 60

4. Paragraph 60 (4) of the principal Order is amended by deleting the words “other than a licence issued in respect of an aerodrome,”.

Amendment of paragraph 65

5. Paragraph 65 of the principal Order is amended —

(a)

by deleting sub-paragraph (b) of sub-paragraph (1) and substituting the following sub-paragraph:

“(b)	a certified aerodrome.”; and

(b)

by deleting sub-paragraph (2) and substituting the following sub-paragraph:

“(2) The aircraft referred to in sub-paragraph (1) shall take-off or land in accordance with any conditions subject to which the aerodrome may have been so certified or notified, or subject to which such permission may have been given.”.

Deletion and substitution of paragraph 67 and new paragraphs 67A to 67N

6. Paragraph 67 of the principal Order is deleted and the following paragraphs substituted therefor:

“Aerodrome certificate

67.—(1) No person shall operate an aerodrome in Singapore for the take-off and landing of aircraft engaged in flights for the purpose of public transport or instruction in flying unless he is the holder of an aerodrome certificate granted under this Order.

(2) An applicant for an aerodrome certificate shall submit —

(a)	an application in the form set out in the Manual of Aerodrome Standards; and
(b)	an aerodrome manual for the aerodrome for which the application is made.

(3) The aerodrome manual referred to in sub-paragraph (2)(b) shall contain —

(a)	information and instructions relating to the matters specified in the Eighteenth Schedule; and
(b)	such other information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties.

(4) The Minister may grant an aerodrome certificate to an applicant if he is satisfied that —

(a)	the applicant is competent to operate and maintain his aerodrome properly, having regard to his previous conduct and experience, equipment, organisation, staffing, maintenance and other arrangements;
(b)	the aerodrome manual prepared for the applicant’s aerodrome and submitted with his application in accordance with sub-paragraphs (2) and (3) contains accurate information and complies with the requirements specified in the Eighteenth Schedule;
(c)	the applicant’s aerodrome facilities, equipment and services comply with the standards specified in the Manual of Aerodrome Standards;
(d)	the applicant’s aerodrome operating procedures make satisfactory provision for the safety of aircraft; and
(e)	for the purpose of any application made on or after 24th November 2005, an acceptable safety management system is in place at the applicant’s aerodrome.

(5) If the Minister refuses to grant an aerodrome certificate to an applicant, the Minister shall, within 14 days of the refusal, give the applicant a written notice of the refusal, stating the reasons for the refusal.

(6) The Minister may grant an aerodrome certificate subject to such conditions as he thinks fit.

(7) If the Minister grants an aerodrome certificate subject to any condition —

(a)	the condition shall be set out in an endorsement on the aerodrome certificate or otherwise notified to the applicant in writing; and
(b)	the reasons for the condition shall be provided to the applicant in writing.

(8) The Minister may suspend or cancel an aerodrome certificate if there are reasonable grounds for believing that —

(a)	a condition to which the certificate is subject has been breached; or
(b)	the aerodrome facilities, equipment, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation.

(9) Before suspending or cancelling an aerodrome certificate under sub-paragraph (8), the Minister shall —

(a)

give the aerodrome operator holding the certificate a notice which —

(i)	sets out the facts and circumstances that, in the opinion of the Minister, justify the suspension or cancellation of that certificate; and
(ii)	invites the aerodrome operator to show cause, in writing, within a reasonable period stated in the notice, as to why that certificate should not be suspended or cancelled; and

(b)

take into account any reason that the aerodrome operator may give under sub-paragraph (a)(ii).

(10) A suspension or cancellation of an aerodrome certificate shall take effect from the date specified in the notice of suspension or cancellation.

(11) An aerodrome certificate shall remain in force until the date of its suspension or cancellation under sub-paragraph (10).

(12) An aerodrome certificate shall not be transferable and any purported transfer of any certificate shall be void.

Aerodrome manual

67A.—(1) An aerodrome operator shall —

(a)

produce an aerodrome manual for his aerodrome and provide the Minister with a copy thereof which is kept complete and current;

(b)

keep at least one complete and current copy of the aerodrome manual at the aerodrome and, if the aerodrome is not his principal place of business, keep another such copy of the aerodrome manual at his principal place of business;

(c)

make the copy of the aerodrome manual referred to in sub-paragraph (b) available for inspection by the Minister or any authorised person;

(d)

maintain the aerodrome manual and make such amendments as may be necessary to maintain the accuracy of the information in the aerodrome manual and to keep its contents up to date; and

(e)

make such amendments or additions to the aerodrome manual as the Minister may require for —

(i)	maintaining the accuracy of the aerodrome manual;
(ii)	ensuring the safe and efficient operation of aircraft at the aerodrome; or
(iii)	ensuring the safety of air navigation.

(2) An aerodrome operator shall —

(a)

make available to each member of the aerodrome operating staff a copy of the aerodrome manual or a copy of every part of the aerodrome manual which is relevant to the member’s duties and shall ensure that such copy is kept up to date; and

(b)

take all reasonable steps to ensure that each member of the aerodrome operating staff —

(i)	is aware of the contents of every part of the aerodrome manual which is relevant to his duties; and
(ii)	undertakes his duties in conformity with the relevant provisions of the manual.

(3) In this paragraph, “aerodrome operating staff” means all persons, whether or not employed by the aerodrome operator, who in the course of their duties are —

(a)	concerned with ensuring that the aerodrome is safe for use by aircraft; or
(b)	required to have access to the aerodrome manoeuvring area or apron.

Manual of Aerodrome Standards

67B. The Minister may, in such manner as he thinks fit, publish a Manual of Aerodrome Standards containing such standards, recommended practices and guidance material on aerodromes as he may determine to be applicable in Singapore.

Compliance with Manual of Aerodrome Standards and conditions of aerodrome certificate

67C. An aerodrome operator —

(a)	shall comply with the applicable standards specified in the Manual of Aerodrome Standards; and
(b)	shall not at any time contravene, or cause or permit the contravention of, any condition of the aerodrome certificate.

Competence of operational and maintenance personnel

67D.—(1) An aerodrome operator shall employ an adequate number of qualified and skilled personnel to perform all critical activities for the operation and maintenance of his aerodrome.

(2) If the Minister or any other competent authority requires the competency of the personnel referred to in sub-paragraph (1) to be certified, the aerodrome operator shall, for the purposes of that sub-paragraph, employ only persons possessing such certification.

(3) An aerodrome operator shall implement programmes to upgrade the competency of the personnel referred to in sub-paragraph (1).

Aerodrome operation and maintenance

67E.—(1) Subject to such directions that the Minister may issue, an aerodrome operator shall operate and maintain his aerodrome in accordance with the procedures set out in the aerodrome manual.

(2) An aerodrome operator shall ensure proper and efficient maintenance of the aerodrome facilities and equipment.

(3) An aerodrome operator shall, in respect of his aerodrome, ensure that —

(a)	appropriate air traffic services are available to ensure the safety of aircraft in the airspace associated with the aerodrome; and
(b)	aeronautical information services, meteorological services and provision of security and other services relating to safety are available.

Aerodrome operator’s safety management system

67F. Every aerodrome operator shall, by 24th November 2005, establish and implement an operating safety management system that complies with the standards specified in the Manual of Aerodrome Standards at each of his aerodromes to which this Order applies.

Access to aerodrome

67G.—(1) The Minister or any authorised person may, before an aerodrome certificate is granted and subsequently at any other time, for the purpose of ensuring safety at an aerodrome —

(a)	inspect and carry out tests on the aerodrome facilities, equipment or services;
(b)	inspect the aerodrome operator’s documents and records; or
(c)	verify the aerodrome’s safety management system.

(2) For the purposes of sub-paragraph (1), an aerodrome operator shall, at the request of the Minister or any authorised person, allow access to any part of the aerodrome or any aerodrome facility, equipment, records and operator personnel.

(3) An aerodrome operator shall co-operate in facilitating the activities referred to in sub-paragraph (1).

Notification and reporting

67H.—(1) An aerodrome operator shall review every Aeronautical Information Publication, AIP Supplement, AIP Amendment, Notice to Airmen, Pre-flight Information Bulletin and Aeronautical Information Circular issued by the Aeronautical Information Services on receipt thereof and shall, immediately after such review, notify the Aeronautical Information Services of any inaccurate information contained therein that pertains to his aerodrome.

(2) An aerodrome operator shall, in writing and within such period of time as may be specified by the Minister, notify the Aeronautical Information Services of any change to any aerodrome facility or equipment or the level of service at the aerodrome —

(a)	which has been planned in advance; and
(b)	which is likely to affect the accuracy of the information contained in any publication by the Aeronautical Information Services referred to in sub-paragraph (1),

before effecting the change.

(3) Subject to sub-paragraph (4), an aerodrome operator shall give the Aeronautical Information Services, and shall arrange for the air traffic control unit to receive, immediate notice detailing any of the following circumstances of which the aerodrome operator has knowledge:

(a)

in respect of obstacles, obstructions and hazards —

(i)	any projection 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)

any change in the level of service at the aerodrome as set out in any publication by the Aeronautical Information Services referred to in sub-paragraph (1) or any variation (that has been accepted by the Minister) from the Manual of Aerodrome Standards;

(c)

closure of any part of the movement area of the aerodrome;

(d)

any significant change in any aerodrome facility or the physical layout of the aerodrome; and

(e)

any other condition that could affect aviation safety at the aerodrome and against which precautions are warranted.

(4) When it is not feasible for an aerodrome operator to arrange for the air traffic control unit to receive notice of any circumstance referred to in sub-paragraph (3), the aerodrome operator shall give immediate notice directly to the pilots who may be affected by that circumstance.

Special inspections

67I. An aerodrome operator shall inspect an aerodrome, as circumstances require, to ensure aviation safety —

(a)	as soon as practicable after any aircraft accident or incident within the meaning of these terms as defined in the Air Navigation (Investigation of Accidents and Incidents) Order 2003 (G.N. No. S 78/2003);
(b)	during and immediately after any period of construction or repair of any aerodrome facility or equipment that is critical to the safety of aircraft operation; and
(c)	at any other time when there are conditions at the aerodrome that could affect aviation safety.

Handling of obstructions

67J.—(1) An aerodrome operator shall remove from the aerodrome surface any vehicle or any other obstruction that is likely to be hazardous to aircraft operations.

(2) An aerodrome operator shall not permit any structure in any area within his control to exceed the obstacle limitation surface and shall take such reasonable measures within his power to prevent any other structure from so exceeding, except in the case of —

(a)	any frangible structure which, by virtue of its function, must be located on the runway strip;
(b)	any structure which is shielded in accordance with the Manual of Aerodrome Standards by an existing object; or
(c)	any structure which, after aeronautical study, is determined not to adversely affect the safety or significantly affect the regularity of operations of aircraft.

Warning notices

67K. When any low flying aircraft, at or near an aerodrome, or taxiing aircraft is likely to be hazardous to any person or vehicular traffic, the aerodrome operator shall —

(a)	post hazard warning notices on any public way that is adjacent to the manoeuvring area; or
(b)	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.

Deviation from Manual of Aerodrome Standards

67L.—(1) Where an aerodrome fails to comply with any standard specified in the Manual of Aerodrome Standards, the Minister may, after taking into consideration such aeronautical or other studies as he thinks fit, determine any condition or procedure necessary to ensure that the aerodrome attains a level of safety equivalent to that established by the standard.

(2) The aerodrome operator of an aerodrome referred to in sub-paragraph (1) shall ensure that the aerodrome complies with any condition or procedure determined by the Minister under that sub-paragraph.

(3) Any deviation of an aerodrome from any standard specified in the Manual of Aerodrome Standards shall be set out in an endorsement to the relevant aerodrome certificate.

Exemptions

67M.—(1) Without prejudice to the generality of paragraph 84, the Minister may, after taking into account all safety-related aspects and operating circumstances, exempt, by notice in writing, any aerodrome operator from any provision of paragraphs 67 to 67L.

(2) Any exemption granted by the Minister under sub-paragraph (1) shall be subject to any condition or procedure specified by the Minister in the relevant aerodrome certificate as being necessary in the interest of safety.

Delegation of Minister’s powers

67N. The Minister may, by notification in the Gazette, delegate to any person all or any of his powers under paragraphs 67, 67A, 67B, 67D, 67E, 67G, 67H, 67L and 67M, subject to such restrictions as he thinks fit to impose.”.

Amendment of paragraph 68

7. Paragraph 68 of the principal Order is amended —

(a)

by deleting the words “a licence for public use” in sub-paragraph (1) and substituting the words “an aerodrome certificate”;

(b)

by deleting the words “licensee of an aerodrome” in sub-paragraph (2) and substituting the words “operator of a certified aerodrome”;

(c)

by deleting sub-paragraph (3) and substituting the following sub-paragraph:

“(3) The operator of any certified aerodrome shall, when required by the Minister, furnish to the Minister such particulars as he may require of the charges established by the operator for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.”.

(d)

by deleting the paragraph heading and substituting the following heading:

“Charges at Government aerodromes and certified aerodromes”.

Deletion and substitution of paragraph 69

8. Paragraph 69 of the principal Order is deleted and the following paragraph substituted therefor:

“Use of aerodromes by aircraft of Contracting States

69. The operator of any certified aerodrome in Singapore which is available for the take-off and landing of Singapore aircraft engaged in flights for the purpose of public transport or instruction in flying shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other Contracting States on the same terms and conditions as for use by Singapore aircraft.”.

Amendment of paragraph 70

9. Paragraph 70 (1) of the principal Order is amended by deleting the words “licensed aerodromes” and substituting the words “certified aerodromes”.

Amendment of paragraph 88

10. Paragraph 88 of the principal Order is amended —

(a)	by deleting the words “licensee of a licensed aerodrome” in sub-paragraph (1)(d) and substituting the words “operator of a certified aerodrome”;
(b)	by deleting the colon at the end of sub-paragraph (2)(c) and substituting a full-stop;
(c)	by deleting the words “Provided that any accident notified to the chief executive officer under the Air Navigation (Investigation of Accidents) (Civil Aviation) Regulations shall not constitute a reportable occurrence for purposes of this paragraph.” in sub-paragraph (2); and
(d)	by deleting the marginal reference “Rg 3.” in sub-paragraph (2).

Amendment of Eleventh Schedule

11. Paragraph 5 (3) of Part II of the Eleventh Schedule to the principal Order is amended by deleting the words “licensed aerodrome” in sub-paragraph (b) and substituting the words “certified aerodrome”.

New Eighteenth Schedule

12. The principal Order is amended by inserting, immediately after the Seventeenth Schedule, the following Schedule:

“THE SCHEDULE

Paragraph 67(3)(a) and (4)(b)

Aerodrome Manual

Section A — Format of the aerodrome manual

1. The aerodrome manual shall —

(a)	be typewritten 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 the pages and amendments thereto, including a page for logging revisions; and
(d)	be organised in a manner that will facilitate the preparation, review and acceptance or approval process.

Section B — Organisation of the Aerodrome Manual

2. The aerodrome operator shall include the following particulars in an aerodrome manual, to the extent that they are applicable to the aerodrome, under the following parts:

Part 1. General information on the purpose and scope of the aerodrome manual; the legal requirement for an aerodrome certificate and an aerodrome manual as prescribed under this Order; conditions for use of the aerodrome; the aeronautical information services, air traffic services, meteorological services and security provision available and the procedures for their promulgation; the system for recording aircraft movements and the obligations of the aerodrome operator as specified in paragraphs 67, 67A and 67C to 67L of this Order.

Part 2. Particulars of the aerodrome site.

Part 3. Particulars of the aerodrome required to be reported to the Aeronautical Information Services.

Part 4. The aerodrome operating procedures and safety measures. This may include references to air traffic procedures such as those relevant to low-visibility operations. Air traffic management procedures are normally published in the air traffic services manual with a cross-reference to the aerodrome manual.

Part 5. Details of the aerodrome administration and the safety management system.

Section C — Particulars to be included in an aerodrome manual

3. The particulars to be included in an aerodrome manual shall be as specified in the Manual of Aerodrome Standards.”.

[G.N. Nos. S 573/91; S49/92; S 60/92; S 180/92; S 61/93; S 199/93; S 8/94; S 67/98; S 325/2000; S 384/2000; S 166/2002; S 56/2003]

Made this 15th day of September 2003.

PETER ONG

Permanent Secretary,
Ministry of Transport,
Singapore.

[MOT/CA.271.10.03.0.11; CAAS/LE/LGN/A1.1; AG/LEG/SL/6/2003/1 Vol.2]