ADR.17 The EASA Basic Regulation (EU) 2018/1139 talks in its Art. 2 (1e) about aerodromes “open to public use”. Can you provide a definition about the meaning of this?
Answer
The term “public use” is included in Regulation (EU) 2018/1139 as one of the elements for defining which aerodromes shall comply with this Regulation and consequently will need to be certified in accordance with the requirements and administrative procedures laid down in Commission Regulation (EU) No 139/2014.
In the context of aviation rules, an aerodrome open to public use means that it is generally accessible to use by the public, as opposed to being accessible only to one particular person (for example only the owner) or a restricted group of users.
The Agency’s interpretation of the term “open to public use”, is that an aerodrome (and heliport) which is open to public use is not necessarily open for all purposes. Its use may be limited to certain operations / types of users and a prior permission/approval may also be required for its use. In any case, a “uniform treatment” of the users of an aerodrome open to public use is always required. This would mean that for example also “PPR” (Prior Permission Required) aerodromes can be open to public use.
Ultimately, the Member States are responsible to ensure effective implementation of the relevant provisions of the Basic Regulation.