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Civil Aviation Act - Aerodromes (Water Aerodromes) Regulations

LAWS OF TUVALU
2008 REVISED EDITION

CAP. 49.20.2

AERODROMES (WATER AERODROMES)
REGULATIONS

Arrangement of Regulations

Regulation

1 Citation and interpretation
2 Certain acts within aerodromes prohibited
3 Removal etc. of vessels within aerodromes at certain times
4 Remaining on aerodrome to peril of passengers, etc.
5 Starting or running engines on aerodromes
6 Operating devices which interfere with certain communications
7 Offences and penalties

Supporting Documents

ENDNOTES

AERODROMES (WATER AERODROMES)
REGULATIONS

MADE UNDER SECTION 13 OF THE AERODROMES AND AIR NAVIGATION AIDS ACT^[1]

Commencement [Date]

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1 Citation and interpretation

(1) These Regulations may be cited as the Aerodromes (Water Aerodromes) Regulations and shall apply to such Government aerodromes as the Minister may by notice appoint.^[2]

(2) In these Regulations, unless the context otherwise requires —

"aerodrome" means an aerodrome to which these Regulations apply;

"aerodrome manager" means in respect of any aerodrome the person for the time being appointed by the Minister to be the manager thereof;

"vessel" does not include any aircraft.

2 Certain acts within aerodromes prohibited

Within any aerodrome the following acts are prohibited —

(1) obstructing or interfering with the proper use of the aerodrome;

(2) obstructing any person acting in the execution of his duty in relation to the aerodrome;

(3) boarding or attempting to board any aircraft without the authority of the person in charge of it;

(4) tampering or interfering with any aircraft or anything used in connection with an aircraft without the authority of the person in charge of the aircraft or thing;

(5) smoking in or otherwise bringing or lighting any naked light onto or in —

(a) any place where such act is prohibited by notice posted on or near such place, or

(b) any place within 50 feet of an aircraft or a store of liquid fuel or explosive;

(6) any act causing or tending to cause an outbreak of fire;

(7) failing to place an aircraft in any place or position appointed by the aerodrome manager for that purpose;

(8) failure to moor or otherwise properly secure a stationary aircraft;

(9) without the permission of the aerodrome manager, displacing, damaging, defacing or altering any structure or other property, whether movable or immovable (including any notice) forming part of or provided for or in connection with the aerodrome.

3 Removal etc. of vessels within aerodromes at certain times

(1) The manager of any aerodrome may without notice at any time between sunrise and sunset cause a yellow flag to be flown from a flag-post or other conspicuous place within the aerodrome and, while such flag is being so flown, allowing any vessel to remain within the aerodrome, or the bringing, anchoring or mooring of any vessel within the aerodrome is prohibited, and any person who while such flag is being so flown —

(i) brings, anchors or moors any vessel within the aerodrome; or

(ii) upon being required so to do by the aerodrome manager, the Customs Officer or any police officer fails or neglects to remove forthwith from the aerodrome any vessel in his charge or control,

such vessel not being exempted from the provisions of this regulation under the provisions of paragraph (3) of this regulation, shall commit an offence.

(2) The Customs Officer, the manager of the aerodrome, or any police officer may remove or cause to be removed any vessel anchored, moored or otherwise within any aerodrome in contravention of this regulation and no Customs Officer, aerodrome manager or police officer (or any person acting under the authority of any of them) shall be liable for any suit, claim or demand by reason of anything done by him in his official capacity and in good faith pursuant to this paragraph.

(3) Nothing in this regulation shall apply to any vessel exempted by the Customs Officer or the aerodrome manager or to any vessel which is within the aerodrome because the stress of weather, or the condition of the vessel, makes it unsafe to remove it therefrom.

4 Remaining on aerodrome to peril of passengers, etc.

No person shall enter upon or remain in an aerodrome to which these Regulations apply in circumstances in which the safety of any aircraft or its passengers or crew is likely to be imperilled or the proper functioning of the aerodrome impeded.

5 Starting or running engines on aerodromes

(1) No person shall start or run any engine in any aircraft on any aerodrome to which these Regulations apply unless a competent person is in the aircraft attending the engine control.

(2) For purposes of this regulation "a competent person" means a person holding a pilot's or aircraft maintenance engineer's licence.

6 Operating devices which interfere with certain communications

No person shall on any aerodrome to which these Regulations apply operate any device which may cause interference to aircraft communications or ground communication services.

7 Offences and penalties

(1) Any person who commits an act prohibited by the provisions of these Regulations is guilty of an offence.

(2) Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 5 and 6 is guilty of an offence.

(3) Any person who is guilty of an offence under these Regulations is liable to a fine of $100 and to imprisonment for 6 months.

ENDNOTE
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¹ LN 16/1964, Act 8 of 1971, LN 16 of 1974
These regulations continue in force under section 54(3) of the Civil Aviation Act, Cap. 49.20
^[2] Government aerodrome to which the Aerodromes (Water Aerodromes) Regulations
apply by notice under regulation 1 (1) of the said Regulations
FUNAFUTI LAGOON AERODROME being all that area of water contained within the
minor sector of a circle having a radius of 2 nautical miles with its centre in the position on
a true bearing of 317 degrees 1800 feet from the white stone obelisk situated in the
position approximately 8 degrees 31 minutes 40 seconds Latitude South and 179 degrees
12 minutes 21 seconds Longitude East as shown on Admiralty chart number 2983 (Edition
of 19th December, 1947 corrected to include the large correction of 25th July 1952) and
described thereon as “Bn. W.”, between a true direction of 231 degrees and a true direction

of 005 degrees from the said centre. (L.N. 18/64)