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.
Share your thoughts by leaving your questions, comments and
suggestions in the comment box. Thank you for taking the time to read and share
this post.
Please follow my discussions on my LinkedIn account at
https://www.linkedin.com/in/ayomide-a-jide-omole-062633112
THIS BLOG does not claim credit for any images posted on this
site unless and otherwise noted. Images on this blog are copyright to its
respectful owners. If there is an image appearing on this site that belongs to
you, and you do not wish for it to appear on this site, please E-mail with a
link to said image and it will be promptly removed.
