The Air Navigation (Amendment) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order transposes Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a community air traffic control licence (OJ No. L114, 27.4.2006, p.22) (“the Directive”). Part 10 of the Air Navigation Order 2005 (S.I. 2005/1970) (“the 2005 Order”) provides for the licensing of air traffic controllers. Articles 3 and 4 of this Order substitute Part 10 of, and Schedule 11, to the 2005 Order respectively. Articles 5 to 9 of this Order make further amendments to the 2005 Order.

The significant changes made by the new Part 10 are—

(a) the requirement for a language endorsement to be included in the licence (articles 108, 108B and 108C and Schedule 11, Part B);

(b) the introduction of minimum educational requirements (article 108(3));

(c) the introduction of detailed requirements for the grant of medical certificates (article 113);

(d) the certification of training providers (article 119A); and

(e) the mutual recognition of air traffic controller licences (article 119C).

A person must not act as an air traffic controller or a student air traffic controller unless he holds a licence to do so granted by the Civil Aviation Authority (“the CAA”) or recognised by the CAA (articles 107 to 107C). The CAA must grant a licence if the applicant fulfils the requirements set out in article 108 for a student licence and article 108A for a full licence. The CAA may include in an air traffic controller’s licence any of the ratings and endorsements specified in Part B of Schedule 11 (article 108D). An air traffic controller’s licence entitles the holder to exercise the privileges specified in paragraph 1 of Part A of Schedule 11 and exercise the privileges of any rating or endorsement included in the licence (article 109(1)). A student licence entitles the holder to exercise the privileges specified in paragraph 2 of Part A of Schedule 11 (article 109(2)). Article 109A provides for the grant of an endorsement to a person who has completed an approved course enabling him to provide on-the-job-training. Articles 110 to 112 deal with the maintenance, validity and recording of ratings and endorsements.

Articles 113 to 116 deal with fitness to act as an air traffic controller or student air traffic controller. Article 114 requires notification of personal injury, incapacity or pregnancy. Article 115 prohibits acting whilst fatigued. Article 116 prohibits a student air traffic controller from acting under the influence of drink or a drug and provides that licence holders must inform their employers if they might be unfit to perform their functions.

Articles 117 to 119B deal with training and examinations. A person must not provide training (as defined in article 2 of the Directive) unless he is certified by the CAA or the national supervisory authority of another Member State (article 119A(1)). A certified training provider must, within a reasonable time of being requested to do so by an authorised person, produce to that person any document which that person may require for the purpose of determining whether the training provider fulfils the requirements set of in paragraph 1 of Annex IV of the Directive (article 119B).

Article 119C makes provision for the mutual recognition of licences issued by the national supervisory authorities on other Member States.

Article 5 of the Order amends article 145 of the 2005 Order. It provides an authorised person with rights of access to enable the inspection of training facilities and any document which he has the power to demand under article 119B.

Article 6 of the Order imposes penalties for contravention of certain provisions of Part 10 and article 9 makes consequential amendments to Schedule 14 of the 2005 Order.

Article 8 amends article 167 of the 2005 Order to designate the CAA as the national supervisory authority for the purposes of the Directive.

A full impact assessment of the effect which this Order will have on the costs of business and the voluntary sector is available from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. The impact assessment and the transposition note are annexed to the Explanatory Memorandum which is available alongside the Order on the OPSI website (www.opsi.gov.uk). Copies of the Class 3 medical requirements are available from Eurocontrol, EATM Infocentre, Rue de la Fusee, B-1130 Brussels.