CASA Ex108/13 - Exemption — from holding an air traffic control licence (Cth)

Instrument number CASA EX108/13

I, MALCOLM DOUGLAS McGREGOR, Acting Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed M. McGregor]

Malcolm D. McGregor
Acting Executive Manager
Airspace and Aerodrome Regulation Division

26 September 2013

Exemption — from holding an air traffic control licence

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   expires at the end of 30 September 2015, as if it had been repealed by another instrument.

2          Revocation

                 Instrument CASA EX108/11 is revoked.

3          Application

        (1)     This instrument applies to each Airservices Australia (AA) employee (an exempt controller) who:

(a)   is employed to carry out an air traffic control (ATC) function in Australian territory on behalf of AA; and

(b)   has satisfied the requirements for the initial grant of an ATC licence or rating (the initial grant); and

(c)   is awaiting the initial grant by CASA.

        (2)     The exemption does not apply to an exempt controller:

(a)   whose ATC licence:

             (i)  is cancelled or suspended; or

            (ii)  has a relevant rating or endorsement that is no longer valid; or

(b)   who does not satisfy the recency requirements for a relevant endorsement; or

(c)   who does not satisfy the currency requirements for a relevant rating or endorsement; or

(d)   who does not hold a current Class 3 medical certificate.

        (3)     The exemption does not apply to an exempt controller who carries out a function at a place more than 21 days after the day the AA qualified workplace assessor signed and endorsed the exempt controller’s application mentioned in clause 4 of Schedule 1.

4          Exemption

                 An exempt controller is exempt from compliance with:

(a) paragraphs 65.035 (1) (a) and (b) of CASR 1998; and

(b) subregulation 65.045 (1) of CASR 1998.

5          Conditions

                 The exemption is subject to the conditions mentioned in Schedule 1.

Note If a condition is not complied with, the exemption, including the exemption from the offence provision in subregulation 65.045 (1) of CASR 1998, is no longer available.

Schedule 1          Conditions

        1     In this Schedule:

authorised AA manager means an AA employee who is a delegate of CASA for:

(a)   the reissue of a rating on an ATC licence; or

(b)   the issue or reissue of an endorsement on an ATC licence.

        2     At the time of carrying out an ATC function (a function), an exempt controller must be a person who is eligible to be granted or to hold:

(a) an ATC licence in accordance with regulation 65.070 of CASR 1998; and

(b) a relevant rating in accordance with regulation 65.080 of CASR 1998; and

(c) a relevant endorsement in accordance with regulation 65.085 of CASR 1998.

        3     Before an exempt controller may carry out a function at a place, AA must have prepared and filed in its records a statement, signed by an authorised AA manager, that the exempt controller:

(a) meets the eligibility requirements for an ATC licence mentioned in regulation 65.070 of CASR 1998; and

(b)   has successfully completed the training required by the Manual of Standards for the current grant of:

             (i)  the relevant rating for the function; and

            (ii)  the relevant endorsement for the place.

        4     Before an exempt controller may carry out a function at a place:

(a)   the AA qualified workplace assessor must sign and endorse the exempt controller’s application for whichever of the following is relevant for the lawful performance of that function at that place:

(i) the initial grant of an ATC licence in accordance with regulation 65.070 of CASR 1998;

(ii) the initial grant of a rating in accordance with regulation 65.080 of CASR 1998;

(iii) the initial grant of an endorsement in accordance with regulation 65.085 of CASR 1998; and

(b)   the exempt controller must forward that application form to CASA.

5 An exempt controller must not supervise a trainee to whom subregulation 65.035 (3) of CASR 1998 applies.

        6     An exempt controller must stop exercising a function if:

(a)   he or she ceases to be eligible to be granted or to hold:

(i) an ATC licence in accordance with regulation 65.070 of CASR 1998; or

(ii) a relevant rating in accordance with regulation 65.080 of CASR 1998; or

(iii) a relevant endorsement in accordance with regulation 65.085 of CASR 1998; or

(b)   he or she ceases to hold a valid Class 3 medical certificate; or

(c)   CASA, orally or in writing, requires him or her to stop and does not withdraw that requirement.