AIRPORTS OPERATIONS et MANAGEMENT

Hello and welcome to the blog!

This week, we shall be talking about airport operations and in the subsequent, aircraft leasing. As the topic suggests, these two operations go hand in hand to ensure the continuous operations of the aviation industry.

The Civil Aviation Act provides that the minister for aviation may approve the establishment and development of aerodromes anywhere in Nigeria, provided that a licence for an aerodrome will not be granted to anyone other than:

• A citizen of Nigeria; or
• The Federal government, a state government, a local government or any company or corporation owned or controlled by the government; or
• A company or corporation registered in Nigeria and with its principal place of business in Nigeria.

In order to operate an airport in Nigeria, the operator must hold an aerodrome certificate granted under Part 12 of the Nigeria Civil Aviation Regulations.

An application for the issuance of an aerodrome certificate is made to the Nigerian Civil Aviation Authority in the appropriate form prescribed and must be accompanied by relevant documents. The authority grants the certificate to the applicant if the aerodrome facilities, services and equipment are in accordance with the standards specified in the authority’s aerodrome standards manual and regulations.  

An aerodrome certificate remains in force for three years, unless it is suspended or revoked by the authority. The renewal of an aerodrome certificate must be commenced at least 90 days before the expiry of the existing term.

The regulations make extensive provisions for the operation of an aerodrome. An operator of a certified aerodrome must:

• have an aerodrome manual with specified content;
• comply with the standards specified in the aerodrome standards manual and with any conditions endorsed in the aerodrome certificate;
• employ adequate numbers of qualified and skilled personnel to perform all critical activities for aerodrome operation and maintenance;
• train all personnel before the initial performance of their duties and have them attend continuing mandatory trainings and seminars  at least once every three years;
• implement a safety management system acceptable to the authority (as prescribed in Part 20 of the regulations) and require all users of the aerodrome to comply with the requirements; and
• Develop and maintain an emergency plan for the aerodrome with specified content.

AIRPORT CHARGES

The Federal Airport Authority of Nigeria, the Nigerian Civil Aviation Authority and the Nigerian Airspace Management Agency impose airport charges. Where the federal government grants a concession for the management of the airport to a private company, the concessionaire is also entitled to impose charges for the use of the airport. Some of the charges include:

• landing fees;
• parking fees;
• passenger service charges; and
• ticket or cargo charges.

The charges are regulated by the government agency which imposes them, backed by the enabling legislation, regulations and bylaws made by such agencies. The fares and charges imposed by private airport operators are regulated by the authority. Part 18 of the Nigeria Civil Aviation Regulations requires all airport operators to provide the authority with a schedule of the charges and tariffs imposed by them and prohibits them from imposing any charges unless approved by the authority.

ACCESS

By-laws made pursuant to the Federal Airports Authority Act provide for access to airports. Unauthorised persons are prohibited from certain areas of airports clearly marked as restricted.

The Nigeria Civil Aviation Regulations also regulate access to the airport, requiring the aerodrome operators to restrict access to movement areas and safety areas only to:

• ground and operation vehicles in possession of an airside vehicle permit or company logo;
• drivers with an airside driver’s permit; and
• pedestrians necessary for aerodrome and aircraft operations.

Persons operating ground handling services in Nigeria must be licensed by the Nigerian Civil Aviation Authority.

The Nigerian Civil Aviation Authority is empowered by Section 30(4)(i) of the Civil Aviation Act to make relevant orders, investigate and determine unfair or deceptive practices or unfair methods of competition in air transportation, the sale of tickets or the provision of other allied aviation services. Part 18 of the Nigeria Civil Aviation Regulations includes rules on unfair methods of competition and anti-competitive practices which apply specifically to the aviation industry.

No specific competition concerns relate to code sharing. Part 18 of the regulations prescribes notification requirements for joint ventures and joint ventures are prohibited where the proposed transaction substantially increases the ability to exercise market power by giving the ability to a company or group of companies acting jointly to profitably maintain prices above competitive levels for a significant period or by any other anti-competitive means.

No rules directly regulate state aid in the aviation industry.

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