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Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than sub-section (3)(r)), 61, 77, 101 and 102 of and Schedule 13 to the Civil Aviation Act 1982[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: Citation and commencement 1. This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2003 and shall come into force on 16th December 2003. Amendment of Air Navigation Order 2000 2. The Air Navigation Order 2000[2] shall be amended as follows. Requirement for a flight data monitoring programme 3. - (1) After article 34 there shall be inserted:
34A. - (1) The operator of an aircraft registered in the United Kingdom flying for the purpose of public transport shall establish and maintain an accident prevention and flight safety programme. (2) The operator of an aeroplane registered in the United Kingdom with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport shall on and after 1st January 2005 include a flight data monitoring programme as part of its accident prevention and flight safety programme. (3) The sole objective of such a programme shall be the prevention of accidents and incidents. It shall not be its purpose to apportion blame or liability. Each programme shall be designed and managed to meet that objective."
(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".
88A. The holder of an approval under article 88 shall not permit any person to act as an air traffic controller or to act as a student air traffic controller in the provision of the service under the approval unless:
(b) the holder has satisfied himself that such person is competent to perform his duties.".
(2) For articles 92, 93 and 94 there shall be substituted:
92. - (1)
(b) Before granting a licence the CAA must be satisfied that the applicant is:
(ii) qualified by reason of his knowledge, experience, skill and physical and mental fitness to act in the capacity to which the licence relates, for which purpose he shall furnish such evidence and undergo such examinations, assessments and tests (including in particular medical examinations) and undertake such courses of training as the CAA may require of him.
(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.
(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.
(b) authorise a person to conduct such examinations, assessments or tests as it may specify; (c) approve a person to provide any course of training or instruction; and (d) approve a simulator.
Prohibition of unlicensed air traffic controllers and student air traffic controllers
(b) an appropriate air traffic controller's licence granted under this Order; or (c) a valid air traffic controller's licence so granted which is not appropriate but he is supervised as though he were the holder of a student air traffic controller's licence so granted.
(2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.
(b) perform the functions of any rating or endorsement included in the licence as specified in Part B of the said Schedule.
Maintenance of validity of ratings and endorsements
(b) The certificate shall, subject to article 81 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
(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).
(b) "to act as a student air traffic controller" shall mean acting as an air traffic controller under the supervision of another person.".
Consequential amendments to the Air Navigation Order 2000
(b) after the definition of 'Aeronautical radio station' there shall be inserted:
(f) after the definition of 'Obstacle limitation surfaces' there shall be inserted:
(2) For Schedule 9 there shall be substituted: Air Traffic Controllers - Licences, Ratings and Endorsements PART A: LICENCES 1. Air Traffic Controller Licence (1) Minimum Age and Period of Validity
(b) No maximum period of validity
(2) Privileges
(b) exercise the privileges of an Examiner Licence Endorsement and On the Job Training Instructor Licence Endorsement included in the licence; and (c) exercise the privileges of a Student Air Traffic Controller licence.
2.
Student Air Traffic Controller Licence
(b) Period of Validity - 2 years
(2) Privileges
(ii) holds an On the Job Training Instructor Licence Endorsement.
PART B: RATINGS, RATING ENDORSEMENTS AND LICENCE ENDORSEMENTS
(b) The functions of the following ratings may be exercised at the same time:
(ii) an Aerodrome Control Instrument rating and an Approach Control Surveillance Rating, provided that the holder shall not exercise the functions of any Radar Rating Endorsement, Surveillance Radar Approach Rating Endorsement or Precision Approach Radar Rating Endorsement included in the Approach Control Surveillance Rating.
(c) When a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway is being provided under an Approach Control Surveillance Rating, no other function under the Approach Control Surveillance Rating shall be exercised at the same time.
3.
Ratings and rating endorsements
(b) An Aerodrome Control Instrument Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an aerodrome control service in accordance with the provisions of one or more of the following Rating Endorsements:
(ii) A Ground Movement Control Rating Endorsement shall entitle the holder to provide a ground movement control service at an aerodrome where the aerodrome control service is divided into ground movement control and air control. (iii) A Ground Movement Surveillance Control Rating Endorsement shall entitle the holder of a Tower Control Rating Endorsement or a Ground Movement Control Rating Endorsement to use aerodrome surface movement and guidance systems in the provision of an aerodrome control service. (iv) An Air Control Rating Endorsement shall entitle the holder to provide an air control service at an aerodrome where the aerodrome control service is divided into ground movement control and air control. (v) An Aerodrome Radar Control Rating Endorsement shall entitle the holder of an Air Control Rating Endorsement or a Tower Control Rating Endorsement to use radar in the provision of an aerodrome control service to aircraft flying in the vicinity of the aerodrome.
Nothing in this Order shall prevent the holder of an Air Control Rating Endorsement or a Tower Control Rating Endorsement from using an aerodrome traffic monitor in the provision of an aerodrome control service, or prevent the holder of an Air Control Rating Endorsement from using aerodrome surface movement and guidance systems in the provision of an air control service.
(b) An Approach Control Surveillance Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an approach control service with the use of surveillance equipment in accordance with the provisions of one or more of the following Rating Endorsements:
(ii) A Surveillance Radar Approach Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide ground controlled non-precision radar approaches with the use of surveillance radar equipment. (iii) A Precision Approach Radar Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide ground controlled precision approaches using precision radar approach equipment. (iv) A Terminal Control Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a terminal control service. (v) An Offshore Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide an offshore service. (vi) A Special Tasks Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a special tasks service.
(3) Area Control
(b) An Oceanic Control Rating Endorsement shall entitle the holder to provide an area control service in the Shanwick Oceanic Control Area. (c) An Area Control Surveillance Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an area control service with the use of surveillance equipment in accordance with the provisions of one or more of the following Rating Endorsements.
(ii) A Terminal Control Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a terminal control service. (iii) An Offshore Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide an offshore service. (iv) A Special Tasks Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a special tasks service.
(4) Licence Endorsements
(ii) such other air traffic control services as the CAA may authorise for that holder.
(b) An On the Job Training Instructor Licence Endorsement shall entitle the holder to supervise and give operational air traffic control instruction to the holder of a student air traffic controller or air traffic controller licence in relation to an air traffic control service which his air traffic controller licence entitles him to provide.
(ii) A Unit Licence Endorsement is valid for the period of 12 months from the date of issue or date of renewal."
(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".
(b) In article 102 "(a) any aerodrome owned or managed by it; and", "(b)" and ";" after the words "Government aerodrome"; and (c) In article 119(2) "or aerodrome owned or managed by the CAA".
Mandatory reporting of bird strikes
117A. - (1) Subject to the provisions of this article, the commander of an aircraft shall make a report to the CAA of any birdstrike occurrence which occurs whilst the aircraft is in flight within the United Kingdom. (2) The report shall be made within such time, by such means and shall contain such information as may be prescribed and it shall be presented in such form as the CAA may in a particular case approve. (3) Nothing in this article shall require a person to report any occurrence which he has reported under article 117 of this Order or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that article. (4) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular. (5) In this article "birdstrike occurrence" means an incident in flight in which the commander of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird.".
Power to direct aircraft
(2) In Schedule 12, Part B, the entries for articles 63 and 64 shall be omitted.
(b) in sub-paragraph (11)(b), in the column headed "Circumstances of Flight", for "on or after 1st January 2005" there shall be substituted "on or after 1st January 2007" and adjacent thereto in the column headed "Scale of Equipment required" for "X(ii)" there shall be substituted "X(ii) or (iii)".
(2) In Schedule 4, paragraph 5, for Scale X there shall be substituted:
(ii) Subject to paragraph (iv), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display. (iii) Subject to paragraph (iv), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function. (iv) If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.".
Minor Changes (This note is not part of the Order) This Order further amends the Air Navigation Order 2000 ("the ANO"). In addition to minor and drafting amendments (article 11(2), (3) and (4)) the following changes are made. Requirement for a flight date monitoring program - article 3 With effect from 1st January 2005 the operator of an aircraft registered in the United Kingdom with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport must have a flight data monitoring programme as part of its accident prevention and flight safety programme. Air traffic controller licensing - articles 4 and 5 EUROCONTROL's Safety Regulatory Requirement No. 5 requires member states, including the UK, to adopt harmonised licensing and processing procedures for air traffic controllers. This requires the issue of new air traffic controller licences and the revision of the associated regulatory requirements. The person in charge of the provision of an air traffic control service in the United Kingdom must satisfy himself that any person acting as an 'air traffic controller' or a 'student air traffic controller' holds an appropriate licence and is competent to perform his duties. The privileges of an air traffic controller licence and a student air traffic controller licence are specified. Ratings that may be included in an air traffic controller licence, and associated rating endorsements, and the privileges of those ratings and rating endorsements are specified. The validity of any rating or endorsement included in an air traffic controller's licence is maintained by including a unit licence endorsement. When a rating ceases to be valid for a particular sector or operational position, the air traffic controller must inform the person in charge of the provision of the air traffic control service. When a rating ceases to be valid for any sector or operational position, or when a person ceases to act as an air traffic controller at a particular unit, he must notify the Civil Aviation Authority and forward his licence for endorsement. An air traffic controller is required to hold a medical certificate. A person who has failed an examination, assessment or test in connection with air traffic controller licensing is not entitled to act in the capacity for which that examination, assessment or test would have qualified him. Only a simulator that has been approved by the Civil Aviation Authority may be used for any examination, assessment, and test or approved training for air traffic controller licensing. Definitions are included for 'special tasks service', 'offshore service', 'terminal control service', 'air control' and 'ground movement control'. References to aerodromes owned or managed by the CAA - article 6 References to aerodromes owned or managed by the CAA are omitted. There are no longer any such aerodromes. Mandatory reporting of bird strikes - article 7 The commander of an aircraft must report to the Civil Aviation Authority any birdstrike occurrence which occurs whilst the aircraft is in flight within the United Kingdom. Power to direct aircraft where pilot believed to be under the influence of alcohol or a drug - article 8 Article 118 of the ANO provides that if it appears to the CAA or an authorised person that an aircraft is intended or likely to be flown where any one of a number of specified provisions would be contravened, the aircraft may be detained. By virtue of paragraph 8, there is now included in the list of specified provisions article 65(2). Article 65(2) of the ANO prohibits a member of the crew of an aircraft being on board whilst under the influence of alcohol or a drug. Penalty for endangering - article 9 By virtue of section 2 of the Aviation Offences Act 2003 contravention of the endangering provisions at articles 63 and 64 of the ANO is now subject to a maximum penalty of five years. The ANO is amended accordingly. Carriage of Class B Terrain Awareness and Warning Systems - article 10 Terrain Awareness and Warning Systems (TAWS) are categorised as Class A or Class B. United Kingdom registered turbine jet and turbine propeller aeroplanes, with:
(b) certified to carry more than nine passengers
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. Notes: [1] 1982 c. 16. Sections 60 and 61 were amended by Part II of Schedule 6 to the Airports Act 1986 (c. 31), and section 60 was further amended by section 47 of and Schedule 4 to the Aviation and Maritime Security Act 1990 (c. 31).back [2] S.I. 2000/1562, relevant amending instruments are S.I. 2001/397, 2002/264 and 2003/777.back
ISBN 0 11 048170 4
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