Download the PDF consolidation of Part 139 [PDF 430 KB]

In this subpart:

139.101 Continued compliance

A holder of an aerodrome operator certificate must—

(1) hold at least 1 complete and current copy of the aerodrome exposition required by rule 139.77 on the aerodrome; and

(2) comply with all procedures, plans, systems and programmes detailed in the exposition; and

(3) make each applicable part of the exposition available to personnel who require those parts to carry out their duties; and

(4) continue to meet the standards and comply with the requirements of Subpart B prescribed for aerodrome certification under this Part; and

(5) notify the Director of any change of address for service, telephone number, or other contact details required by the approved form within 28 days of the change.

139.102 Reserved

139.103 Aerodrome maintenance

(a) A holder of an aerodrome operator certificate must establish a maintenance programme, including preventative maintenance if appropriate, for maintaining the aerodrome facilities in a condition that does not impair the safety, security, regularity, or efficiency of aircraft operations.

(b) The maintenance programme must –

(1) provide for the surface of paved manoeuvring areas to be kept clear of any loose objects or debris that might endanger aircraft operations; and

(2) provide for the surface of paved runways to be maintained in a condition that provides good surface friction characteristics and low rolling resistance for aircraft; and

(3) provide for an assessment of runway condition and provision of runway condition report as specified in rule 139.107.

139.105 Visual aids for navigation – maintenance and checking

(a) A holder of an aerodrome operator certificate must establish a maintenance programme for the visual aids to navigation that are installed on the aerodrome.

(b) The maintenance programme required by paragraph (a) must include—

(1) procedures for ensuring that each visual aid for navigation continues to provide reliable and accurate guidance information to the user in accordance with the applicable standards prescribed in this Part; and

(2) details on the number of lights that may be allowed to be unserviceable in each lighting system to ensure continuity of guidance to the user; and

(3) procedures for restoring any unserviceable or deteriorated item back into service without undue delay.

139.107 Assessment of runway condition and provision of runway condition report

(a) A holder of an aerodrome operator certificate must ensure that the assessment of the runway condition and the provision of a runway condition report –

(1) is in accordance with –

(i) chapter 4 of the ICAO Circular 355 Assessment, Measurement and Reporting of Runway Conditions; and

(ii) the runway condition assessment matrix which produces the runway condition code as contained in the AIPNZ;

(2) is in an equivalent format acceptable to the Director.

(b) The holder of an aerodrome operator certificate referred to in paragraph (a) for a controlled aerodrome must ensure that for an aircraft performing an air transport operation under Part 121, the runway condition report for conditions other than dry or wet runway –

(1) is compiled and produced each calendar day immediately before the first aircraft takes off or lands at the aerodrome; and

(2) is amended –

(i) when there is a change in the conditions since the last report was made; and

(ii) immediately before an aircraft takes off or lands at the aerodrome; and

(3) is issued in a timely manner to operators.

(c) The holder of an aerodrome operator certificate referred to in paragraph (a) for an uncontrolled aerodrome must ensure that for an aircraft performing an air transport operation under Part 121, the runway condition report

(1) is compiled –

(i) each calendar day immediately before the aircraft takes off or lands at the aerodrome; and

(ii) at civil evening twilight if additional take-off and landing of aircraft are scheduled; and

(2) is available for issue in a timely manner upon prior agreement with the aircraft operator.

(3) For the purposes of paragraph (b)(2)(i), a change m the conditions includes –

(i) when the runway conditions have changed significantly due to meteorological conditions but excluding a change from dry to wet runway, or wet to dry runway; or

(ii) following a report of poor braking action and further assessment of runway condition resulting in different runway condition codes.

139.107B Training and competency of personnel for assessment of runway condition and provision of runway condition report

The holder of an aerodrome operator certificate must ensure that personnel who perform the task of assessing the runway condition and providing a runway condition report are suitably trained and competent to perform those tasks.

139.109 Aerodrome emergency plan

A holder of an aerodrome operator certificate must—

(1) ensure that all aerodrome personnel having duties and aerodrome emergency responsibilities under the holder's aerodrome emergency plan required by rule 139.57 are familiar with their assignments and are properly trained; and

(2) test the aerodrome emergency plan required by rule 139.57 by conducting either of the following—

(i) a full-scale aerodrome emergency exercise at intervals not exceeding two years and special emergency exercises between the full-scale aerodrome emergency exercises to ensure that any deficiencies found during the full-scale aerodrome emergency exercise have been corrected; or

(ii) a series of modular tests to be done every 3 years, commencing in the first year and concluding in a full scale aerodrome emergency exercise no more than 3 years after the commencement; and

(3) review the plan after each of the exercises specified in subparagraph (2) or after an actual emergency, to correct any deficiency found; and

(4) co-ordinate the aerodrome emergency plan required by rule 139.57 with all organisations and persons who have responsibilities in the plan, including, where appropriate, law enforcement agencies, security providers, rescue and firefighting agencies, medical personnel and organisations, and principal tenants of the aerodrome.

139.111 Rescue and firefighting – operational requirements

(a) Except as provided in paragraph (c), the holder of an aerodrome operator certificate must provide on the aerodrome, rescue and firefighting capability meeting the minimum requirements of rules 139.61 and 139.63 during operations by—

(1) an aeroplane having a certified seating capacity of more than 30 passengers that is engaged in a regular air transport operation for the carriage of passengers; or

(2) an aeroplane that is engaged in regular air transport operations where—

(i) the aeroplane’s point of take-off that immediately precedes the aeroplane landing at the aerodrome, is an aerodrome outside New Zealand; or

(ii) the aeroplane’s point of landing that immediately follows the aeroplane taking-off from the aerodrome, is an aerodrome outside New Zealand.

(b) Except as provided in paragraph (c), the holder of an aerodrome operator certificate must increase the rescue and firefighting capability to the minimum required for the higher category specified in rules 139.61 and 139.63 if—

(1) there is an increase in the aeroplane movements or the type of air transport aeroplanes using the aerodrome changes; and

(2) the increase in movement or change in aeroplane type results in an increase in the rescue and firefighting category of the aerodrome as specified in rule 139.59.

(c) Despite paragraphs (a) and (b), the holder of an aerodrome operator certificate may reduce the rescue and firefighting capability to a lower level than the level required for the aerodrome category corresponding to the highest specification aeroplane using the aerodrome if—

(1) the use of the aerodrome is limited to aeroplanes having a lower specification than the aeroplane used to determine the aerodrome category under rule 139.59; and

(2) procedures for, and the persons having the authority to implement, the reductions are included in the exposition required by rule 139.77; and

(3) procedures for the recall of the full aerodrome rescue and firefighting capability are included in the exposition required by rule 139.77.

(d) The holder of an aerodrome operator certificate must not implement any reduction in the rescue and firefighting capability as provided in paragraph (c) until the information is promulgated by the aeronautical information service provider.

(e) The holder of an aerodrome operator certificate that is required by paragraph (a) to provide rescue and firefighting capability must employ a system of preventive maintenance of its rescue and firefighting vehicle or vehicles to ensure effectiveness of the equipment and compliance with the required response time throughout the life of each vehicle.

(f) If a rescue and firefighting vehicle that is required by this rule becomes inoperative to the extent that the certificate holder cannot meet the response capability required by rule 139.67, the holder of the aerodrome operator certificate must—

(1) immediately replace that rescue and firefighting vehicle with a vehicle that enables the certificate holder to meet that capability; and

(2) if a replacement vehicle required in paragraph (f)(1) is not available immediately, must provide the notification required by rule 139.123; and

(3) if the response capability required by rule 139.67 is not restored within 72 hours of a required vehicle becoming inoperative, limit air transport operations on the aerodrome to those aeroplanes compatible with the aerodrome category corresponding to the remaining operative rescue and firefighting vehicle or vehicles.

(g) The holder of an aerodrome operator certificate who is required in paragraph (a) to provide rescue and firefighting capability must respond to each aircraft emergency during operations of the kind specified in paragraph (a) with the rescue and firefighting equipment required under this Part and the number of trained personnel that are required to assure an effective operation.

139.113 Aerodrome aircraft traffic management

Each holder of an aerodrome operator certificate must ensure the provision of an aerodrome flight information service or an aerodrome control service or both at their aerodrome when so required by the Director in the interest of safety.

139.115 Apron management service

(a) Each holder of an aerodrome operator certificate must ensure that the aerodrome is provided with an appropriate apron management service, when such a service is warranted by the volume of traffic and operating conditions.

(b) When an aerodrome control service is in operation at an aerodrome operating under an aerodrome operator certificate that has an apron management service, and that aerodrome control service does not participate in the apron management service, the certificate holder must facilitate the transition of aircraft between the apron management service and the aerodrome control service.

139.117 Aerodrome inspection programme

A holder of an aerodrome operator certificate must—

(1) establish an aerodrome inspection programme for ensuring that the aerodrome and its facilities are maintained as specified under this Part; and

(2) provide appropriate equipment for use in conducting the aerodrome inspections; and

(3) establish procedures for ensuring that personnel performing aerodrome inspections are appropriately trained; and

(4) establish a reporting system for ensuring prompt correction of an unsafe aerodrome condition that is noted during an aerodrome inspection.

139.119 Ground vehicles

(a) A holder of an aerodrome operator certificate must establish procedures for limiting and controlling access of ground vehicles to the operational area of the aerodrome.

(b) Under the procedures required by paragraph (a), ground vehicle access to the operational area of the aerodrome must be limited to those vehicles that are necessary for aerodrome or aircraft operations.

(c) When an aerodrome control service is in operation at the aerodrome, the procedures required by paragraph (a) must—

(1) provide for the safe and orderly access to, and operation on the operational area of ground vehicles; and

(2) require each ground vehicle operating on the manoeuvring area of the aerodrome to be controlled by—

(i) two-way radio communications between the vehicle and the aerodrome control service; or

(ii) if the vehicle does not have radio communications, an accompanying escort vehicle that has two-way radio communications with the aerodrome control service; or

(iii) if it is not practical to have two-way radio communications or an escort vehicle, adequate measures such as signs, signals, or guards for controlling the vehicle.

(d) When an aerodrome control service is not in operation at the aerodrome, the procedures required by paragraph (a) must provide for ground vehicles operating on the operational area of the aerodrome to be controlled by signs or prearranged signals.

(e) The procedures required by paragraph (a) must ensure that each person who operates a ground vehicle on any portion of the aerodrome which has access to the operational area of the aerodrome is familiar with, and complies with, the procedures established by the certificate holder for the operation of ground vehicles on the aerodrome.

139.121 Protection of navigation aids and ATS facilities

A holder of an aerodrome operator certificate must—

(1) prevent any construction or activity on the aerodrome or surrounding area that the certificate holder has authority over, that could have an adverse effect on the operation of any electronic or visual navigation aid or air traffic service facility for the aerodrome; and

(2) prevent, as far as it is within the certificate holder's authority, any interruption of electronic or visual navigation aid or air traffic service facility for the aerodrome.

139.123 Aerodrome condition notification

A holder of an aerodrome operator certificate must, in accordance with the procedure required by rule 139.73, notify the aeronautical information service provider, as soon as practicable (for the issue of a NOTAM), of any aerodrome operational condition at the aerodrome that may affect the safe operation of aircraft.

139.125 Unsafe conditions

A holder of an aerodrome operator certificate must establish procedures for ensuring that aircraft operations are restricted, or if necessary prohibited, on any part of the aerodrome where an unsafe condition may exist.

139.127 Changes to certificate holder's organisation

(a) A holder of an aerodrome operator certificate must ensure that the exposition is amended so that it remains a current description of the aerodrome and its associated plans, programmes, services, systems, procedures, and facilities.

(b) The certificate holder must ensure that any amendment made to its exposition meets the applicable requirements of this Part and complies with the amendment procedures contained in its exposition.

(c) The certificate holder must forward to the Director for retention a copy of each amendment to its exposition as soon as practicable after the amendment is incorporated into its exposition.

(d) A certificate holder must obtain the approval of the Director before changing any of the following:

(1) the chief executive:

(2) the listed senior persons:

(3) the system for safety management, if the change is a material change.

(4) any DAMP, if the change is a material change.

(e) The Director may impose conditions under which a certificate holder must operate during or following any of the changes specified in paragraph (d).

(f) The certificate holder must comply with any conditions imposed by the Director under paragraph (e).

(g) If any change referred to in this rule requires an amendment to the aerodrome operator certificate, the certificate holder must forward the certificate to the Director for endorsement of the change as soon as practicable.

(h) The certificate holder must make such amendments to the holder’s exposition as the Director may consider necessary in the interests of safety.

139.129 Reserved

139.131 Aeronautical Study

(a) A holder of an aerodrome operator certificate must monitor operations and conduct an aeronautical study for any significant change or significant changes that may affect the safety of aerodrome operations.

(b) For the purpose of paragraph (a), a significant change includes:

(1) a significant increase in aerodrome aircraft traffic volumes; or

(2) a significant change in type of aircraft operations; or

(3) a significant change in the aerodrome physical characteristics; or

(4) an increase in accidents or incidents at or in the vicinity of the aerodrome; or

(5) when annual aircraft movements at the aerodrome are forecast to exceed, for 3 consecutive years,—

(i) 40,000 or more combined VFR and IFR movements; or

(ii) 7,500 or more IFR movements; or

(iii) 60,000 or more combined VFR and IFR movements of which 9,000 or more are IFR movements; or

(iv) 15,000 or more IFR movements; or

(v) 100,000 or more combined VFR and IFR movements.

(c) The holder of an aerodrome operator certificate must, immediately after completing an aeronautical study—

(1) review the operation of the aerodrome and, if necessary, make any changes that are required in the interests of aviation safety, to the operator’s exposition, in accordance with the procedure for amending the exposition; and

(2) provide the results of the aeronautical study to the Director.

(d) If practicable, the holder of an aerodrome operator certificate must conduct the aeronautical study prior to the significant change.

(e) If it is not practicable for the holder of an aerodrome operator certificate to conduct an aeronautical study prior to the significant change, then the certificate holder must conduct the aeronautical study as soon as practicable after the change.

 

Subpart B

Subpart D