Dear ALL,
Attached is a news
release explaining why
Air Sunshine is not
able to resume flight
operations to/from
Virgin Gorda on Dec
1,2010. Posted below
is the rules from Air
Navigation Order or
OTAR that we believe
ASSI is in violation
of, the attached news
release may be
forwarded to the
members of the public
at the discretion of
the recipient.
Rules of the Air37.
(1)
The Governor may, by
regulation, make Rules
of the Air
supplementary to but
not
inconsistent with the
Rules of the Air in
Schedule 8.
There
is no place in
schedule 8 or other
parts of ANO that
permits the regulators
to apply rules
designed for large
transport category
airplane (70% landing
distance rule) to
small normal category
aircraft, specifically
a US Operator ,the
entire ANO and OTAR is
also silent in regards
to enforcing a
crosswind advisory by
the manufacturer as a
limitation.
OTAR 91.225 Use of
aerodromes/landing
sites 135.225 Use of
aerodromes/landing
sites 121.225 Use of
aerodromes
An
aircraft shall not be
operated at an
aerodrome or landing
site unless:
The
operator shall :
only
authorise use of
aerodromes that are
adequate for the
type(s) of aeroplane
and operation(s)
concerned
This
is almost identical
to FAR 135.229 which
states " no
certificate holder may
use an airport unless
it is adequate for the
proposed operations,
considering such items
as size ,surface
,obstructions, and
lighting " ,to the
contrary FAR 135.375
requires a large
transport category
aircraft to land
within 70% of a
runway. Cessna 402 is
not a large transport
category aircraft.
OTAR 135.1
Applicability
Unless stated
otherwise, this Part
applies to: For
commercial air
transport operations
using
aircraft registered in
the Territory the
operator
shall:
Note: That OTAR and
the 70% rule is only
applicable to aircraft
registered in the
territory and not a US
operator that has been
operating in
accorcdance to FAR
135.229 for 12
consecutive years.
Exemption from Order
146.
The
Governor may exempt
from any of the
provisions of this
Order (other than
articles 35,
36,
123, 135, 136, 137,
138, and 147) or any
regulations made
thereunder, any
aircraft or persons
or
classes of aircraft or
persons, either
absolutely or subject
to such conditions as
he thinks fit.
Note:
The Governor has
denied our request for
exemption under
article 103 to
continue operations
without the new
restrictions and
limitations imposed by
ASSI.
Designation by the
Governor
153.
(1)
Subject to paragraphs
(3) and (4), the
Governor, acting in
his discretion, may
designate a person to
carry out those
functions of the
Governor under this
Order that are
specified
in
the designation,
subject to such
conditions as he sees
fit.
(2)
Subject to paragraph
(3), the Governor may
revoke or vary a
designation made under
paragraph (1).
(3)
Before making,
revoking or varying a
designation made under
paragraph (1), the
Governor
shall consult with,
and take into account
any advice given by,
ASSI.
(4)
The Governor may not
include in any
designation made under
paragraph (1) the
functions of
the
Governor
(a)
to make rules, orders
or regulations or give
instructions under
this Order; or
(b)
under this article or
articles 113, 152 or
154.
Please
note that continued
presence of ASSI as
the designated person
who is authorized to
make rules(DCA) is a
conflict of interest
under item 3 and 4.