CASA EX71/09 – Exemption – from holding an air traffic control licence (Cth)

Instrument number CASA EX71/09

I, michael david quinn, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed M.D. Quinn]

Mick Quinn
Deputy Director of Aviation Safety

28 September 2009

Exemption — from holding an air traffic control licence

1           Duration

                This instrument:

(a)     commences on 1 October 2009; and

(b)     stops having effect at the end of 30 September 2010.

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                 (ii)   has a relevant rating or endorsement that is no longer valid; or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

3           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.

4           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 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.