Old Warden Airfield

Terms and Conditions of use

1. INTERPRETATION

1.1 – “Operator(s)” in relation to an aircraft means the person for the time being having management of that aircraft whether owner, user, pilot or otherwise and shall mean the person(s) or body or organisation (and their respective servants, agents and contractors) using, attempting to make use of, or having used, the facilities or services offered by the Company at the Aerodrome or elsewhere.

1.2 – “Certificate of Airworthiness” shall be interpreted in accordance with the provisions of the Air Navigation Order as amended or superseded.

1.3 – “Permit to Fly” shall be interpreted in accordance with the provisions of CAP 733 as amended or superseded.

1.4 – “The Aerodrome” means SHUTTLEWORTH (OLD WARDEN) AIRFIELD, OLD WARDEN, SG18 9EP. The term ‘aerodrome’ shall be interchangeable with the terms ‘airfield’, ‘airstrip’, ‘airport’ or any other like term, where the context so dictates and such terms shall bear their ordinary and usual meaning according to English Law.

1.5 – “Company” means The Shuttleworth Trust, it’s Associates and subsidiary Companies and in addition shall include the Company’s servants, employees, agents, contractors, licensees and other persons authorised by the company and in addition shall include where applicable the Company’s Lessors, Landlords, Licensers and any person by whose authority the Company is able to provide aircraft housing, parking or other facilities.

1.6 – “ATS” means Air Traffic Services.

1.7 – “Air Traffic Services” means the Shuttleworth (Old Warden) Airfield Flight Information Service Unit or Air/Ground service.

1.8 – “PPR” means Prior Permission Required.

1.9 – “Passenger” means a person other than a member of the crew.

1.10 – For the purposes of being bound by these Terms and Conditions the Operator warrants that he has full authority and power to bind as their agent any owner, lessor, mortgagor, lender or pilot of the aircraft and all their respective servants, agents or contractors.

1.11 – In these Rules, Procedures, Terms and Conditions, words in the singular shall also, where applicable, include the plural, words importing the masculine shall also include the feminine meaning; and words referring to a person shall include a Body Corporate.

1.12 – The Shuttleworth (Old Warden EGTH) Airfield entry in CAP 32 the United Kingdom Aeronautical Information Publication (UK AIP) is the definitive document for all aircraft Operators planning to operate at the Aerodrome. Aircraft Operators should request any clarification when submitting a PPR request although additional information follows herewith.

1.13 – Any user of the Aerodrome is bound to the Terms and Conditions herein.

1.14 – These terms and conditions are in addition to any contractual arrangement or agreement entered into with the Company or associated organisations.

2. RULES AND PROCEDURES

2.1 GENERAL

2.1.1 – Use of the Aerodrome is strictly on a Prior Permission Required (PPR) basis and approval for use is as defined in the UK Rules of the Air regulations (CAP 393).

2.1.2 – Information regarding the Aerodrome can be found in the UK-AIP EGTH. Additional information may also be promulgated by NOTAM.

2.1.3 – The Aerodrome is a private and normally operates unlicensed and ‘unattended’ (it is licensed at notified times) However, it is monitored during opening hours. The Aerodrome manoeuvring area is uneven and there can be areas of soft ground.

2.1.4 – The Aerodrome is not inspected every day and it is the responsibility of the aircraft Operator to satisfy himself that the Aerodrome is suitable for his intended operation. The aircraft Operator is solely responsible for all his movements and actions on the Aerodrome.

2.1.5 – Occasionally the Aerodrome will be closed. Any aircraft Operator wishing to use the Aerodrome must ensure that the Aerodrome is open to traffic by obtaining PPR on each occasion. In addition, Aerodrome closure may also be promulgated by NOTAM and on the Shuttleworth Airfield website.

2.1.6 – Aircraft Operators are not permitted to carry out multiple/training circuits, touch and go’s or multiple flights in and out of the Aerodrome on the same day without the written permission of the Aerodrome management. Any aircraft activity other than a normal take-off and landing i.e. run and breaks, low passes etc. are not permitted without the written permission of the Company.

2.1.7 – Aircraft Operators intending to land should have gained PPR prior to departure however, permission may occasionally be granted tactically by an AFISO or A/G operator by R/T on the limited number of days when this service is operational. Details are shown in the UK-AIP EGTH.

2.1.8 – It is a requirement when requesting PPR that all aircraft Operators advise of any Ballistic or Pyrotechnic device installed in the aircraft. Additionally, aircraft Operators are required to ensure that such equipment is securely isolated as soon as practicable on landing or upon leaving the aircraft.

2.1.9 – A Standard Overhead Join is required at 1800ft aal and as detailed in the SKYWAY CODE. This is essential so as to give as much notice of the impending landing as possible to other Aerodrome users, which may not be monitoring the aerodrome frequency. Examples of such users might include; Shuttleworth Collection display practice/test flying in non-radio aircraft, radio control model flying, and airfield maintenance/grass cutting. Model aircraft flying will cease, and drivers of maintenance vehicles will clear the manoeuvring area when they become aware that an aircraft is in the circuit to land. In addition, aircraft Operators must look out for animals (domestic, farm and wild) which may have strayed onto the Aerodrome.

2.1.10 It is a condition of the use of the Aerodrome that all aircraft must give way and stay well clear of any aircraft carrying out Display practices or Aerobatics at the Aerodrome.

2.1.11 – Only Runway 02/20 is available to visiting aircraft. The use of any other runway is prohibited to visiting aircraft due to potential hazards which a visiting pilot is unlikely to be aware of. However, visiting aircraft Operators must be aware that in certain wind conditions any of the other runways may be in use by resident aircraft.

NB: With moderate and higher wind speeds aircraft Operators should expect to encounter sink/turbulence on the approach to, and climb out from, all runways. Furthermore, aircraft Operators are also reminded that in moderate and higher wind speeds the wind gradient close to the surface can result in loss of airspeed and lift during the landing flare. In the past, these effects have caught out highly experienced aircraft Operators be they heavy warbirds or microlight type aircraft.

2.1.12 – Deleted

2.1.13 – The roadway crossing RWY 02/20 known as ‘College Road’ is now permanently closed to vehicular and pedestrian traffic. However, aircraft Operators should be alert for pedestrians and cyclists still crossing at this point due to ‘custom and practice’.

Hill Lane, a public road that lies immediately beyond the aerodrome boundary hedge to the north-east is close to the Runway 20 threshold and may be used by high sided vehicles.

2.1.14 – When ATS is operational aircraft Operators are to follow the R/T procedures associated with an Aerodrome Flight Information Service or Air/Ground radio service as published in CAP 413. At other times aircraft Operators must follow the R/T procedures appropriate to an Unattended Aerodrome with a notified frequency. R/T discipline is to be maintained at all times so as to avoid inappropriate conversations blocking the frequency.

2.1.14 – Hand starting/swinging. Aircraft must be chocked and/or the parking brake applied, and a competent person must occupy the pilot seat with access to the relevant controls before hand-starting is attempted. The person swinging the propeller must be suitably experienced in that task.

2.2 CIRCUITS

2.2.1 – No turns shall be made following take-off (except in an emergency) below 500ft aal. Circuit direction is as published in the UK AIP.

2.2.2 – The standard circuit height is 800ft aal.

2.2.3 – Aircraft Operators reporting “Downwind” shall declare their intentions e.g. “Landing”, “Touch and Go” or “Go Around”.

2.3 TAXIING

2.3.1 –Aircraft Operators are not to taxi their aircraft any closer than 10m to persons, vehicles or structures.

2.3.2 – When taxying on the Aerodrome, aircraft Operators are to keep to the delineated taxiways unless the aircraft Operator considers it unsafe to do so.

2.3.3 – Aircraft Operators are to limit their taxying speed commensurate with the controllability of their aircraft and the prevailing environmental conditions.

2.3.4 – Aircraft Operators are to transmit their intentions on channel 130.705 MHz. Non-radio aircraft Operators must liaise with ATS (when operational) prior to engine start.

2.4 RESTRICTIONS OF FLYING AND NOISE ABATEMENT

2.4.1 – Aircraft Operators are to avoid overflying all local congested areas and in particular Ickwell, Northill, Southill, Broom and Upper Caldicote which lie within the circuit area. Except when the Aerodrome licence is in force, certain Permit to Fly aircraft are prohibited from overflying congested areas notwithstanding that the aircraft may be in the process of taking off and landing. Aircraft Operators must comply with the conditions of their aircraft’s Permit to Fly at all times.

2.4.2 – When requesting PPR to fly to the Airfield, Operators of non-radio aircraft are to advise the ATS (when operational) of their estimated time of arrival.

2.4.3 – Those aircraft Operators that are permitted to carry out circuits (see 2.1.6) are restricted to a maximum of two circuits after which the aircraft must either land or depart.

2.5 PARKING

2.5.1 – All aircraft are to be parked alongside the spectator fence line to the North West of the control tower (between the tower and the fuel farm) or as directed by ATS when operational. Additional parking space lies to the southwest of the Tower if needed but caution is advised to avoid confliction with any model flying activity.

2.5.2 – Overnight and long-term parking is only by arrangement with the Company. The parking areas vary depending on our operational requirements and will be allocated on arrival. No visiting aircraft shall be parked at Old Warden for more than 48 hours without the operator entering into a written agreement with the Company. A special parking charge may be imposed on aircraft Operators which remain beyond agreed parking period – see also paragraph 3.7 & 3.10.

2.6 MANOEUVRING AREA

2.6.1 – In accordance with the Rules of the Air and when the ATS is operating at FISO level all movements on the manoeuvring area are subject to ATS approval.

2.6.2 – Unauthorised vehicles are prohibited on any part of the Manoeuvring Area or Airside of the Aerodrome without permission of the Company. Permission shall only be granted on the production of a Certificate of Insurance confirming that the underwriters accept liability for any personal injury (including death) and property damage howsoever caused.

2.6.3 – In order to minimise noise nuisance, engine run-up should normally be carried out adjacent to the holding point of departure runway unless directed otherwise by ATS. Notwithstanding the above un-braked aircraft may run-up with chocks before taxying.

2.6.4 – Persons observing damage or obstruction on the Manoeuvring Area shall report
the details to the Visitor Centre or ATS when operational.

2.7 NIGHT FLYING

2.7.1 – During the hours of ‘night’ the Aerodrome is closed and take-offs and landings are prohibited. For reasons of national security any aircraft taking off or landing during the hours of darkness will be reported to the police and the CAA.

2.8 PUBLISHED HOURS

2.8.1 – The operating hours of the Aerodrome are as stated in the United Kingdom Aeronautical Information Publication (CAP 32) or as amended by NOTAM.

2.8.2 – No aircraft movement is permitted, nor services and facilities provided, when the Aerodrome is closed. Exceptions to this Rule shall be only with the written authorisation of the Company.

NB. The Aerodrome is in use outside of normal operating hours by aircraft Operators based at the Aerodrome. Additionally the Aerodrome may be closed to visiting aircraft but still in use by Operators based at the Aerodrome.

2.8.3 – Non-radio aircraft may be permitted to use the Aerodrome subject to prior approval.

2.9 CUSTOMS FACILITIES

2.9.1 – No customs facilities are available at Old Warden Airfield. Aircraft Operators arriving from the EU are to follow the directives issued by HM Border Agency. Details can be found at UK Border Force – Guide for GA Pilots and Operators.

2.9.2 – A GAR (General Aviation Report) must be submitted giving the full details of crew and passengers. The GAR Reference number must be provided when requesting PPR.

2.9.3 – Aircraft Operators are reminded that they are responsible for their passengers and must ensure that they comply with all Customs requirements.

2.9.4 – All unauthorised arrivals from abroad will be reported to the authorities. This may result in delay and/or prosecution.

2.9.5 – If required, aircraft requiring Customs Clearance are to be parked as directed. No person is to disembark until ATS or a Customs Officer gives permission. All other persons approaching the aircraft are to be told by the aircraft Operator or another crewmember to keep away until Customs Clearance has been completed.

2.10 FLIGHTS TO EIRE, NORTHERN IRELAND, CHANNEL ISLES & ISLE OF MAN

2.10.1 – Special Branch, Bedfordshire Police, are to be informed of all flights inbound from or outbound to Eire, Northern Ireland, Channel Isles and the Isle of Man, 12 hours prior to the flight. Confirmation that the police have been notified is to be made to the Company.

3 – TERMS AND CONDITIONS OF USE: GENERAL

3.1 – The use of the Aerodrome by the aircraft Operator or on his or their behalf is subject to the conditions which shall apply equally to the provision of all facilities or services provided or offered to be provided by the Company and are hereby deemed to be incorporated into any agreement, contract or other legal relationship entered into or to be entered into by the Company with the aircraft Operator.

3.2 – The Company shall be entitled to vary the conditions from time to time, at its discretion and as it sees fit. Provided such variations have been brought to the notice of the aircraft Operator or are deemed to have been brought to his notice, such variations shall be binding on the aircraft Operator.

3.3 – The Company has the exclusive right to provide any service which it desires and sees fit at the Aerodrome and any aircraft Operator wishing to provide the same, similar or different services must first submit a written application to the Company for due consideration.

3.4 – Operators are responsible for ensuring their aircraft’s Certificate of Airworthiness, Permit to Fly (or equivalent) and other required documentation is valid prior to using the Airfield. No Test Flying nor aircraft operating under General Exemption E4118 to the Air Navigation Order (UK Experimental) may take place from the aerodrome without the written permission of the Company.

3.5 – No hangarage is available for aircraft visiting Old Warden.

3.6 – The location for parking can be changed at the discretion of the Company and any aircraft may be moved by the staff or agents of the Company to any location on the Aerodrome or by the operators to carry out any repairs or maintenance, any such removal to a change of location will be at the sole risk of the aircraft Operator.

3.7 – Any charges for housing, parking or landing do not include a right or permission from the Company whilst the aircraft is being housed or parked at the Aerodrome for the operators of the aircraft to carry out any repairs or maintenance whatsoever on the aircraft.

3.8 – Prior to any repairs or maintenance being allowed to any aircraft by the operator on the Aerodrome, either inside or outside, a written agreement for carrying out the repairs or maintenance is required from the Company and is subject to appropriate space being available.

3.9 – The Company may at any time order an aircraft Operator either to move a parked or hangared aircraft to another position, or remove it from the Aerodrome. Failure to comply with the order within a specified period will render the operator liable to additional charges to be determined by the Company.

3.10 – Aircraft hangared or parked at the Aerodrome will not be operated as a Group or Syndicate or for instruction or hire or reward from the Aerodrome, unless prior permission, has been given by the Company in writing.

3.11 – No reduction of landing, housing or parking charges will be allowed by reason of unavailability of any Aerodrome services, assistance or other facilities and no exceptions or rebates from landing, housing or parking charges will be allowed unless specifically provided in these conditions.

4. CHARGES AND PAYMENT

4.1 – All fees and charges are subject to VAT at the current rate.

4.2 – All fees and charges will be the ultimate responsibility of the Owner of the aircraft.

4.3 – All fees and charges raised which are based on the weight of the aircraft will be as published in the CAA Register of Aircraft.

4.4 – Day to day fees and charges not paid on the day of the transaction will be invoiced at the published charge or the minimum invoice charge of £25 whichever is the greater. Cheques returned unpaid shall be subject to a surcharge not exceeding £50 on each occasion.

4.5 – The Company will endeavour to give 28 days’ notice on any charge increases that may occur from time to time, (during which period, the aircraft Operator is entitled to give 7 days’ notice of termination after which the aircraft must be removed from the Aerodrome) otherwise the Operator shall pay the appropriate charges for the landing, parking or housing of aircraft as set out below. He shall pay for any supplies, services or facilities provided to him or to the aircraft at the Airfield, by or on behalf of the Company; the charges for such supplies, services or facilities shall (unless otherwise agreed in writing before charges are incurred) be those as may from time to time be determined by the Company.
The charges referred to in this paragraph shall accrue from day to day and, unless some other arrangement has been agreed in writing by the Company, they shall be payable to the Company on demand and before the aircraft departs from the Airfield, whether a demand has been made or not.

4.6 – The Company shall be entitled to charge interest on any charges payable pursuant to the terms hereof which have not been paid in accordance with any written arrangements for payment made between the Company and the aircraft Operator or, in the absence of such arrangements, within the time for payment of such charges stipulated on the invoice rendered by or on behalf of the Company of such charges. Interest will be calculated on a daily basis from the date upon which the charges became due for payment until the date of payment Jan 2019 7 Version 4 for the charges (both dates inclusive) at the Bank of England Bank Rate for the time being prevailing plus 5% and such interest shall be paid by the aircraft Operator at the same time as the charges to which it relates.

4.7 LIEN

4.7.1 – So long as the aircraft its parts and accessories shall be upon the Aerodrome, or upon the land within the Aerodrome allotted by or rented from the Company, the Company shall have a continual lien both particular and general for all charges of whatsoever nature and wheresoever incurred which shall be or become due and payable to the Company upon either:

4.7.1.1 – The aircraft its parts and accessories in respect of which the charges were incurred whether or not they were incurred by the person who is the operator at the time when the lien is exercised, or

4.7.1.2 – any other aircraft its parts and accessories of which the operator in default is the operator at the time when the lien is exercised.

4.7.2 – The said lien shall not be lost by the reason of the aircraft departing from the land under the Company’s control, but shall continue and be accessible at any time when the aircraft has returned to, and is upon any such land at the Aerodrome so long as any of the said charges, whether incurred before or after such departure, shall remain unpaid.

4.7.3 – The Company shall be entitled to levy fees incurred in respect of any aircraft or property for storage or otherwise during the period of exercise of the lien and the Company may further exercise a lien in respect of unpaid charges, costs, fees or other liabilities as it sees fit.

4.7.4 – If payment of any such charge is not made to the Company within 14 days after a letter demanding payment thereof has been sent by post addressed to the registered owner of the aircraft at his last known address, the Company shall be at liberty from time to time and in such a manner as it shall think fit, to sell, remove, destroy or otherwise dispose of the aircraft, and any of its parts and accessories in order to satisfy any such lien.

The exercise by the Company of the powers set forth in this Clause shall be without prejudice to the exercise of any other powers exercisable by the Company by virtue of statute or otherwise.

4.8 LIABILITY OF THE COMPANY AND THE OPERATOR

4.8.1 – Visiting aircraft are accepted only at the operator’s risk.

4.8.2 – Neither the Company nor any servant or agent of the Company shall be liable for loss of or damage to the aircraft, its parts or accessories or any property contained in the aircraft, howsoever such loss or damage may arise, occurring whilst the aircraft is on the Aerodrome or is in the course of landing or take-off at the Airfield, or of being dealt with elsewhere for the purpose of paragraph 4.7.1.4.

4.8.3 – Where the aircraft Operator is other than a Consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1994, the Company shall in no circumstances be liable to the Operator for any physical or economic damage or loss, or any other loss or damage to property or persons of any kind whatsoever (including without exception the aircraft its parts or accessories or any property contained in the aircraft), whether direct, indirect or consequential, caused by any negligence, breach of contract or statutory duty on the part of the Company, its servants or agents.

4.8.4 – Where the aircraft Operator or any person on his behalf or for whom he is responsible causes death, personal injury or loss or damage of any kind whether direct or indirect as a result of any negligence, breach of contract or breach of statutory duty and while at the Aerodrome, the Operator shall indemnify and keep indemnified the Company in respect of any claim or claims arising therefrom.

5. INSURANCE

5.1 – Each and every aircraft using the Aerodrome shall have Third Party Liability Insurance affected with a reputable Insurance Company or with Lloyds Underwriting Syndicate in the minimum sum insured of a Combined Single Limit as required by law.

5.2 – Whenever required by the Company, all resident aircraft Operators shall provide written evidence of their insurance cover and notify the Company at once in writing of any invalidating conditions imposed on policy renewal.

5.3 – All other aircraft Operators using the Aerodrome shall produce such written evidence as required in paragraph 5.2 on demand.

5.4 – No aircraft Operator, his servant, agents or sub-contractors shall do anything to jeopardise the current insurance or licences of the Company nor shall injure or harm in any way the business of the Company its associates or its relationship with other parties and shall in all cases comply with all requirements of the Company and any Ministry or Authority, local or otherwise.

5.5 – In respect of any vehicle which the aircraft Operator, his servants, agents, or associates may use or operate on that part of the Aerodrome which is or has been designated “airside”, the Operator shall at all times ensure that the vehicle is fully and properly insured for third party risks for an appropriate amount having regard to the nature of the risks. Evidence of such insurance shall be produced to the Company or its duly authorised representative on demand. The Company’s decision as to the adequacy of such insurance cover shall be binding on the Operator.

5.6 – The aircraft Operator shall at all times fully indemnify and keep indemnified the Company against any breach of Clause 5.1 but without prejudice to any other rights of the Company under these Terms and Conditions whether the same shall be enforced by the Company or not.

6. PENALTIES FOR VIOLATION OF AERODROME TERMS AND CONDITIONS

6.1 – The Company reserves the right to apply a penalty for any violation of the Rules, Terms and Conditions and Procedures when it considers such a sanction is warranted. Such a penalty shall normally be in the form of either temporary or permanent suspension from operating from the Aerodrome and, where appropriate, a report of the occurrence will be made to the Authority.

6.2 – Should a violation be of such a nature that a permanent suspension is considered necessary in the interest of safety and the well being of the Company and other operators, the Company will not hesitate to impose a permanent suspension and take whatever legal action is necessary to ensure its compliance.

6.3 – The Company reserves the right to waive, vary or release all or any of the aforementioned, Terms and Conditions and Procedures as in its absolute discretion it thinks fit and without notice.