Airports Authority Law (2005 Revision)

CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRCRAFT (LANDING AND PARKING FEES) REGULATIONS, 2020 (SL 34 of 2020) Supplement No. 2 published with Legislation Gazette No. 25 dated 14th April, 2020. PUBLISHING DETAILS Page 2 SL 34 of 2020 c Aircraft (Landing and Parking Fees) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRCRAFT (LANDING AND PARKING FEES) REGULATIONS, 2020 (SL 34 of 2020) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................... 5 2. Interpretation ................................................................................................................................ 5 3. Payment of fees ............................................................................................................................ 6 4. Landing and parking fees ............................................................................................................. 6 5. Exemptions ................................................................................................................................... 6 6. Annual fees ................................................................................................................................... 6 7. Calculation of parking fees ........................................................................................................... 6 8. Repeal .......................................................................................................................................... 7 9. Savings and transitional ............................................................................................................... 7 SCHEDULE 1 9 SCHEDULE 2 10 c SL 34 of 2020 Page 3 Aircraft (Landing and Parking Fees) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRCRAFT (LANDING AND PARKING FEES) REGULATIONS, 2020 (SL 34 of 2020) In exercise of the powers conferred by section 41 of the Airports Authority Law (2005 Revision) the Cayman Islands Airports Authority, with the approval of the Cabinet, makes the following Regulations — 1. Citation 1. These Regulations may be cited as the Aircraft (Landing and Parking Fees) Regulations, 2020. 2. Interpretation 2. In these Regulations — “aircraft” means a machine that can derive support in the atmosphere from the reaction of the air over its lifting surfaces; “airport” means the Owen Roberts International Airport in Grand Cayman or the Charles Kirkconnell International Airport in Cayman Brac; “landing and parking fees card” means a card issued by the Chief Executive Officer under regulation 6; “State aircraft” means aircraft used in military, customs and police services; and c SL 34 of 2020 Page 5 Regulation 3 Aircraft (Landing and Parking Fees) Regulations, 2020 “weight”, in relation to an aircraft, means the maximum takeoff weight as specified in the Certificate of Airworthiness or other prescribed document. 3. Payment of fees 3. (1) The pilot in command of an aircraft shall pay to the Authority the landing and parking fees due before the departure of such aircraft from an airport. (2) An air carrier and private aircraft owners or operators may, with the agreement of the Chief Executive Officer in writing, pay the landing and parking fees due before the departure of such aircraft not later than one month in arrears. 4. Landing and parking fees 4. (1) Subject to paragraph (2), the fees prescribed in Schedule 1 are the landing fees and the fees prescribed in Schedule 2 are the parking fees payable in respect of aircraft operating into and out of the airports. (2) The Chief Executive Officer may, generally or in any particular case, waive the landing and parking fees or any part of the fees referred to in paragraph (1). 5. Exemptions 5. State aircraft are exempt from payment of landing fees. 6. Annual fees 6. (1) The Chief Executive Officer may issue to the owner or operator of a locally- registered aircraft — (a) which is used exclusively for private, pleasure or domestic purposes; and (b) the weight of which does not exceed eight thousand pounds, a landing and parking fees card valid for one year on the payment by such owner or operator of the sum of seven hundred dollars. (2) Where there is in force in respect of an aircraft referred to in paragraph (1) a valid landing and parking fees card, the owner or operator of the aircraft is exempt from the payment of the landing and parking fees prescribed in Schedules 1 and 2 respectively for the purposes of using the airport for which the landing and parking fees card is valid during the hours specified in the landing and parking fees card. 7. Calculation of parking fees 7. (1) Fees for aircraft parked at owner’s risk are payable in respect of each period of twenty-four hours occurring after the elapse of a period of one hour commencing from the time that the aircraft landed at the airport. (2) The fees referred to in paragraph (1) shall be — (a) calculated by reference to the weight of the aircraft; and Page 6 SL 34 of 2020 c Aircraft (Landing and Parking Fees) Regulations, 2020 Regulation 8 (b) prescribed in Schedule 2. 8. Repeal 8. The Aircraft (Landing and Parking Fees) Regulations (1995 Revision) are repealed. 9. Savings and transitional 9. (1) Every matter commenced under the former Regulations and partly dealt with by the Civil Aviation Authority or the Director when these Regulations come into force, is to be continued and dealt with in all respects as if these Regulations had not come into force. (2) Every matter commenced under the former Regulations and not wholly or partly dealt with by the Civil Aviation Authority or the Director when these Regulations come into force, is to be taken to be a matter commenced under these Regulations and the provisions of these Regulations shall apply accordingly. (3) Upon the commencement of these Regulations, neither the Civil Aviation Authority nor the Director shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under the former Regulations, unless it is shown that the act or omission was in bad faith. (4) In this regulation — “Civil Aviation Authority” means the Civil Aviation Authority of the Cayman Islands established under section 3(1) of the Civil Aviation Authority Law (2015 Revision); “Director” means the person appointed as Director of Civil Aviation under the Civil Aviation Authority Law (1997 Revision); and “the former Regulations” means the Aircraft (Landing and Parking Fees) Regulations (1995 Revision). c SL 34 of 2020 Page 7 Aircraft (Landing and Parking Fees) Regulations, 2020 SCHEDULE 1 SCHEDULE 1 (regulation 4) Landing Fees Weight of aircraft Landing fee Not exceeding 4,000 lbs $10 Exceeding 4,000 lbs but not exceeding 6,000 lbs $15 Exceeding 6,000 lbs but not exceeding 8,000 lbs $25 Exceeding 8,000 lbs but not exceeding 10,000 lbs $30 Exceeding l0,000 lbs $30 plus $1.75 per 1,000 lbs or part thereof in excess of 10,000 lbs but in the case of any aircraft landing — (a) at peak periods between 1100 hours and 1600 hours, the landing fee at the Owen Roberts International Airport shall be increased by twenty-five per cent; (b) between 1900 hours and 0700 hours, the landing fee shall be increased by fifty per cent; or (c) in excess of 100 times per month at any of the airports, the fee may, at the discretion of the Chief Executive Officer, be reduced by up to a maximum of fifty per cent of the fee for each landing in excess of 100. c SL 34 of 2020 Page 9 SCHEDULE 2 Aircraft (Landing and Parking Fees) Regulations, 2020 SCHEDULE 2 (regulation 4) Parking Fees Weight of aircraft Parking fee Not exceeding 10,000 lbs $5 Exceeding 10,000 lbs but not exceeding 30,000 lbs $10 Exceeding 30,000 lbs but not exceeding 60,000 lbs $15 Exceeding 60,000 lbs but not exceeding 90,000 lbs $20 Exceeding 90,000 lbs but not exceeding 120,000 lbs $30 Exceeding 120,000 lbs but not exceeding 180,000 lbs $50 Exceeding 180,000 lbs but not exceeding 240,000 lbs $70 Exceeding 240,000 lbs but not exceeding 300,000 lbs $120 Exceeding 300,000 lbs but not exceeding 360,000 lbs $170 Exceeding 360,000 lbs but not exceeding 420,000 lbs $220 Exceeding 420,000 lbs but not exceeding 480,000 lbs $270 Exceeding 480,000 lbs but not exceeding 540,000 lbs $320 Exceeding 540,000 lbs but not exceeding 600,000 lbs $370 Exceeding 600,000 lbs $420 but in the case of an aircraft, the weight of which does not exceed ten thousand pounds, used exclusively for private, pleasure or domestic purposes and remaining in the Islands continuously for a period of at least thirty days, the owner or operator of the aircraft may opt to pay in lieu a parking fee of seventy-five dollars on the last day of every such period. Made by the Cayman Islands Airports Authority the 14th day of April, 2020. Albert Anderson Chief Executive Officer Cayman Islands Airports Authority Page 10 SL 34 of 2020 c