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Article 139A Fatigue of air traffic controllers – air traffic control service provider’s responsibilitiesF1

(1)

F2Save in respect of a Flight Information Services Officer, the holder of an approval under article 138 (“the approved provider”) must establish a fatigue management scheme.

(2)

A fatigue management scheme must—

(a)

be approved by the Governor;

(b)

be incorporated into the Manual of Air Traffic Services required under article 140;

(c)

be in writing and made available to every person engaged to act as an air traffic controller or student air traffic controller in the provision of the air traffic control service.

(3)

The approved provider must take all reasonable steps to ensure that the provisions of the fatigue management scheme are complied with in relation to every person engaged to act as an air traffic controller or student air traffic controller in the provision of the air traffic control service.

(4)

The approved provider must not cause or allow any person to act as an air traffic controller or student air traffic controller where the approved provider knows, or has reasonable grounds to suspect, that the person concerned is suffering from, or is likely to suffer from, such fatigue as may endanger the safety of aircraft under their control.

(5)

In this article “fatigue management scheme” means a scheme for the regulation of duty periods, intervals between duty periods and required rest periods for every person engaged in the provision of an air traffic control service.

Annotations

Textual amendments

F1

Art. 139A inserted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 15(2)

F2

Words in art. 139A(1) substituted (10.4.2024) by The Air Navigation (Overseas Territories) (Amendment) Order 2024 (S.I. 2024/384), arts. 1, 10