Article 4 Air traffic controller licensing
After article 88 there shall be inserted:
“Duty of person in charge to satisfy himself as to competence of controllers
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:
(a)such person holds an appropriate licence; and
(b)the holder has satisfied himself that such person is competent to perform his duties.”.
For articles 92, 93 and 94 there shall be substituted:
“Grant and renewal of air traffic controller licences and student air traffic controller licences
92.(1)(a)Subject to sub-paragraphs (b), (c) and (d) the CAA shall grant licences, subject to any conditions it thinks fit, of any of the classes specified in Part A of Schedule 9 to this Order, authorising an applicant to act as an air traffic controller or a student air traffic controller in the United Kingdom.
(b)Before granting a licence the CAA must be satisfied that the applicant is:
(i)a fit person to act as such a controller in the United Kingdom, and
(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.
(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:
(a)approve any course of training or instruction;
(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
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:
(a)a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with the privileges of the licence specified in Part A of Schedule 9 to this Order;
(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.
(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:
(a)perform the functions specified in Section 1 of Part A of Schedule 9 to this Order under the heading ‘Privileges’ and
(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
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)(a)On the basis of the medical examination referred to in article 92(1)(b) and (3), the CAA, or any person approved by it as competent to do so, may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that the applicant or holder of a licence granted or renewed under article 92 has been assessed as fit to perform the functions to which the licence for which he is applying or which he holds relates.
(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).
(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:
(a)“to act as an air traffic controller” shall mean the supervision of a student air traffic controller and the unsupervised giving of instructions or advice or both instructions and advice by means of radio signals (whether directly or indirectly via a person acting in accordance with article 94(3) of this Order) to aircraft in the interests of safety; and
(b)“to act as a student air traffic controller” shall mean acting as an air traffic controller under the supervision of another person.”.