Made | 13th November 2003 | ||
Laid before Parliament | 20th November 2003 | ||
Coming into force | 16th December 2003 |
(2) In Part A of Schedule 12 to the Air Navigation Order 2000, in the column headed "Article of order", after "34" there shall be inserted "34A" and adjacent thereto in the column headed "Subject matter" there shall be inserted "Requirement for flight data monitoring, accident prevention and flight safety programme".
Air traffic controller licensing
4.
- (1) After article 88 there shall be inserted:
(2) For articles 92, 93 and 94 there shall be substituted:
(c) Subject to article 81, a licence shall remain in force for the period indicated therein, not exceeding any period specified in Schedule 9 for that licence.
(d) If no period is indicated in the licence it shall remain in force, subject to article 81, for the lifetime of the holder.
(e) A licence may be renewed by the CAA from time to time upon its being satisfied that the applicant is a fit person and qualified as specified in sub-paragraph (1) (b).
(f) A licence shall not be granted to any person who is under the minimum age specified for that licence in Part A of Schedule 9.
(g) A licence granted under this article shall not be valid unless the holder has signed it in ink with his ordinary signature.
(2) The CAA may include in a licence granted under this article, subject to such conditions as it thinks fit, any of the ratings and endorsements specified in Part B of Schedule 9 to this Order, upon its being satisfied that the applicant is qualified as specified in paragraph (1) (b) (ii) to act in the capacity to which the rating or endorsement relates, and such rating or endorsement shall be deemed to form part of the licence.
(3) The holder of a licence shall, upon such occasions as the CAA may require, submit himself for such examinations, assessments and tests (including in particular medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training, as the CAA may require.
Approval of courses, persons and simulators
93.
For the purposes of this Part of this Order the CAA may:
Prohibition of unlicensed air traffic controllers and student air traffic controllers
94.
- (1) Subject to paragraphs (3) and (4), a person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the terms of:
(2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.
(3) A licence shall not be required by any person who, acting in the course of his employment, passes on instructions or advice when instructed to do so by the holder of an air traffic controller's licence which entitles that holder to give such instructions or advice.
(4) A licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty's naval, military or air forces or a visiting force.
Privileges of an air traffic controller licence or a student air traffic controller licence
94A.
Subject to article 94B, and to any conditions of the licence granted or renewed under article 92, a licence shall entitle the holder to:
Maintenance of validity of ratings and endorsements
94B.
- (1) The holder of an air traffic controller's licence shall not be entitled to exercise the privileges of a rating or endorsement contained in such a licence unless the licence includes a unit licence endorsement specifying that the rating or endorsement is valid for the aerodrome or place, and the sector or operational position at which, and the surveillance equipment (if any) with which, he so acts.
(2) A unit licence endorsement may be entered in a licence either by the CAA or by the holder of an air traffic controller licence which includes an examiner licence endorsement.
Obligation to notify rating ceasing to be valid and change of unit
94C.
- (1) Subject to paragraph (2), when a rating contained in an air traffic controller licence ceases to be valid for a sector or operational position the holder of the licence shall forthwith notify the person who is approved pursuant to article 88 of this Order to provide an air traffic control service for that sector or operational position.
(2) When a rating contained in an air traffic controller licence ceases to be valid for a sector or operational position and is not valid for any other sector or operational position the holder of the licence shall notify the CAA and forward his licence to the CAA, or a person approved by the CAA for the purpose, who shall endorse the licence accordingly and return it to the holder.
(3) Whenever a person ceases to act as an air traffic controller at a particular unit he shall notify the CAA and forward his licence to the CAA, or a person approved by the CAA for the purpose, who shall endorse the licence accordingly and return it to the holder.
Requirement for medical certificate
94D.
- (1)
(2) The holder of an air traffic controller's licence shall not act as an air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).
(3) The holder of a student air traffic controller's licence shall not act as a student air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).
Appropriate licence
94E.
- (1) A licence shall not be an appropriate licence for the purposes of this Part of this Order unless it includes valid ratings, endorsements and certificates which authorise the holder to provide the type of air traffic control service for the sector or operational position for which it is being provided and with the type of surveillance equipment being used (if any).
(2) A rating included in an air traffic controller licence shall not be valid unless the licence contains a unit licence endorsement specifying that the rating is valid for the aerodrome or place and the sector or operational position at which, and the surveillance equipment (if any) with which, the service is to be provided.
Failing exams
94F.
A person who, on the last occasion when he was examined, assessed or tested for the purposes of this Part of this Order, failed the examination, assessment or test shall not be entitled to act in the capacity for which that examination, assessment or test would have qualified him had he passed.
Use of simulators
94G.
- (1) No part of any examination, assessment or test undertaken for the purposes of this Part of this Order or Schedule 9 to this Order or any training which has been approved under article 93 shall be undertaken in a simulator unless that simulator has been approved by the CAA.
(2) Such an approval shall be in writing and may be granted subject to such conditions as the CAA thinks fit.
Acting as an air traffic controller etc
94H.
- (1) For the purposes of this Part and Schedule 9 to this Order:
Consequential amendments to the Air Navigation Order 2000
5.
- (1) In article 129(1):
(2) For Schedule 9 there shall be substituted:
(2) Privileges
2.
Student Air Traffic Controller Licence
(1) Minimum Age and Period of Validity
(2) Privileges
PART B: RATINGS, RATING ENDORSEMENTS AND LICENCE ENDORSEMENTS
1.
Inclusion of ratings, rating endorsements and licence endorsements
Ratings, rating endorsements and licence endorsements of the classes contained in paragraphs 3 and 4 below may be included in an air traffic controller licence (other than a student air traffic controller licence) granted under article 92 of this Order and, subject to the provisions of this Order and of the licence, the inclusion of a rating, rating endorsement or licence endorsement shall have the consequences respectively specified.
2.
Exercise of more than one function
(3) In Schedule 12, Part A, in the column headed "Article of order", after "87", there shall be inserted "88A" and adjacent thereto in the column headed "Subject matter" there shall be inserted "Requirement for an approved provider of air traffic services to be satisfied as to competence of air traffic controllers".
Deletion of references to aerodromes owned or managed by the CAA
6.
The following shall be omitted:
Mandatory reporting of bird strikes
7.
After article 117 there shall be inserted:
Power to direct aircraft
8.
In article 118(1)(a) for "or 60" there shall be substituted "60 or 65(2)".
Penalty for endangering
9.
- (1) In article 122, after paragraph (6), there shall be inserted:
Article of Order | Subject Matter |
63 | Endangering safety of aircraft |
64 | Endangering safety of persons or property" |
Carriage of Class B Terrain Awareness and Warning Systems
10.
- (1) In Schedule 4, paragraph 4:
(2) In Schedule 4, paragraph 5, for Scale X there shall be substituted:
Minor Changes
11.
- (1) In article 4(5) after "chartered" and after "charterer" there shall be inserted "by demise".
(2) In articles 84(3)(c) and 126(4) for "Joint Service Publication 318" there shall be substituted "Joint Service Publication 550".
(3) In article 104(8)(a) for "any public telecommunication system" there shall be substituted "any public electronic communications network".
(4) In article 129(1) " 'Telecommunication system' and 'public telecommunication system' have the same meaning as in section 4 and 9(1) of the Telecommunications Act 1984" shall be omitted and after the definition of "Proficiency check" there shall be inserted "'Public electronic communications network' has the same meaning as in section 151 of the Communications Act 2003[3];"
A. K. Galloway
Clerk of the Privy Council
which are not flying for the purposes of public transport, may be equipped with the simplified TAWS Class B equipment instead of TAWS Class A.
The compliance date for aeroplanes without Ground Proximity Warning Systems (GPWS) will be 1 January 2005. Aircraft with GPWS installed before 1 April 2000 will be required to have TAWS equipment fitted by 1 January 2007.
Minor changes - References to a "charter by demise" - article 11(1)
In article 4 of the ANO there are some references to a "charter" and other references to a "charter by demise". These are intended to refer to the same thing. For consistency "charter by demise" is now used throughout.
[2] S.I. 2000/1562, relevant amending instruments are S.I. 2001/397, 2002/264 and 2003/777.back
Prepared
25 November 2003