CASA EX141/18 — Air Traffic Control Licence (Airservices Australia) Exemption 2018 (Cth)

Instrument number CASA EX141/18

I, GRAEME MILLS CRAWFORD, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme CrawfordGroup Executive Manager, Aviation

28 September 2018

CASA EX141/18 — Air Traffic Control Licence (Airservices Australia) Exemption 2018

Part 1 — Preliminary

1          Name

                 This instrument is CASA EX141/18 — Air Traffic Control Licence (Airservices Australia) Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on 1 October 2018; and

(b)   is repealed at the end of 31 December 2018.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: AA, air traffic control function and ATC licence.

                 In this instrument:

ATC rating means an air traffic controller rating mentioned in subregulation 65.075 (1) of CASR.

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

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

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

currency requirement has the meaning given by regulation 65.010 of CASR.

endorsement means an endorsement mentioned in subregulation 65.085 (1) of CASR.

recency requirement has the meaning given by regulation 65.010 of CASR.

Part 2 — Application for ATC licence, ATC rating and endorsement

4          Application of Part 2

        (1)     This Part applies to a person (the exempt controller), in relation to whom the requirements mentioned in subsections (2) to (6) are met.

        (2)     The exempt controller is employed by AA to carry out an air traffic control function in Australian territory on behalf of AA.

        (3)     The exempt controller has concurrently applied to CASA, in the approved form, for the initial grant of the following:

(a)   an ATC licence;

(b)   an ATC rating, on the licence, for the air traffic control function;

(c)   an endorsement, on the licence, for a particular aerodrome or airspace.

        (4)     The exempt controller is eligible to be granted:

(a)   an ATC licence under regulation 65.070 of CASR; and

(b)   the ATC rating under regulation 65.080 of CASR; and

(c)   the endorsement under regulation 65.085 of CASR.

        (5)     The exempt controller:

(a)   satisfies the currency requirement for the ATC rating; and

(b)   satisfies the recency requirement and currency requirement for the endorsement.

        (6)     AA has prepared, and filed in its records, a statement signed by an authorised AA manager that:

(a)   the exempt controller meets the eligibility requirements for the grant of an ATC licence stated in regulation 65.070 of CASR; and

(b)   the exempt controller has, under regulation 65.015 of CASR, successfully completed the training required for:

             (i)  the grant of the ATC rating for the air traffic control function; and

            (ii)  the grant of the endorsement for the aerodrome or place; and

(c)   the exempt controller:

             (i)  satisfies the currency requirement for the ATC rating; and

            (ii)  satisfies the recency requirement and currency requirement for the endorsement; and

(d)   AA has considered the matters mentioned in paragraphs 11.055 (4) (b) to (f) and (i) of CASR in relation to the exempt controller for the application under subsection (3), and supports the application.

5          Exemption

        (1)     The exempt controller is exempt from compliance with subregulation 65.045 (1) of CASR to the extent the subregulation prohibits the exempt controller from carrying out an air traffic control function in Australian territory without holding an ATC licence with the ATC rating and endorsement applied for under subsection 4 (3).

        (2)     Subject to subsections (3) and (4), the exemption has effect for a period of 21 days after the day the exempt controller makes the application under subsection 4 (3).

        (3)     The exemption stops having effect if any of the following events happen:

(a)   any of the requirements stated in subsections 4 (2) and (4) are no longer met in relation to the exempt controller;

(b)   CASA decides not to grant an ATC licence with the ATC rating and endorsement to the exempt controller.

(4)                 Also, the exemption stops having effect if CASA decides to grant an ATC licence with the ATC rating and endorsement to the exempt controller.

(5)     The exemption is subject to the conditions mentioned in section 6.

6          Conditions

        (1)     The exempt controller must not supervise a person mentioned in subregulation 65.035 (3) of CASR in relation to the person carrying out an air traffic control function in Australian territory.

        (2)     The exempt controller must not carry out an air traffic control function in Australian territory if:

(a)   the exemption stops having effect under subsection 5 (3); or

(b)   CASA gives notice to the exempt controller, requiring the exempt controller to stop carrying out an air traffic control function in Australian territory.

Part 3 — Application for additional ATC rating

7          Application of Part 3

        (1)     This Part applies to a person (the exempt controller), in relation to whom the requirements mentioned in subsections (2) to (7) are met.

        (2)     The exempt controller holds an ATC licence, which is not suspended.

        (3)     The exempt controller is employed by AA to carry out an air traffic control function in Australian territory on behalf of AA.

        (4)     The exempt controller has applied to CASA, in the approved form, for the grant of an ATC rating, on the licence, for the air traffic control function.

        (5)     The exempt controller is eligible to be granted the ATC rating under regulation 65.080 of CASR.

        (6)     The exempt controller satisfies the currency requirement for the ATC rating.

        (7)     AA has prepared, and filed in its records, a statement signed by an authorised AA manager that:

(a)   the exempt controller still meets the eligibility requirements for the grant of an ATC licence stated in regulation 65.070 of CASR; and

(b)   the exempt controller has, under regulation 65.015 of CASR, successfully completed the training required for the grant of the ATC rating for the air traffic control function; and

(c)   the exempt controller satisfies the currency requirement for the ATC rating; and

(d)   AA has considered the matters mentioned in paragraphs 11.055 (4) (b) to (f) and (i) of CASR in relation to the exempt controller for the application under subsection (4), and supports the application.

8          Exemption

        (1)     The exempt controller is exempt from compliance with subregulation 65.045 (1) of CASR to the extent the subregulation prohibits the exempt controller from carrying out an air traffic control function in Australian territory in relation to the ATC rating applied for under subsection 7 (4).

        (2)     Subject to subsections (3) and (4), the exemption has effect for a period of 21 days after the day the exempt controller makes the application under subsection 7 (4).

        (3)     The exemption stops having effect if any of the following events happen:

(a)   any of the requirements stated in subsections 7 (2), (3) and (5) are no longer met in relation to the exempt controller;

(b)   CASA decides not to grant the ATC rating to the exempt controller.

        (4)     Also, the exemption stops having effect if CASA decides to grant the ATC rating to the exempt controller.

        (5)     The exemption is subject to the conditions mentioned in section 9.

9          Conditions

        (1)     The exempt controller must not supervise a person mentioned in subregulation 65.035 (3) of CASR, so far as the supervision relates to the person carrying out an air traffic control function in Australian territory in relation to the ATC rating applied for under subsection 7 (4).

        (2)     The exempt controller must not carry out an air traffic control function in Australian territory in relation to the ATC rating if:

(a)   the exemption stops having effect under subsection 8 (3); or

(b)   CASA gives notice to the exempt controller, requiring the exempt controller to stop carrying out an air traffic control function in Australian territory in relation to the ATC rating.