Subpart B - Approval of Air Traffic Control Services
This Subpart applies to all Air Traffic Control Services Units required to be approved under the Order.
172.27 ICAO Compliance
(a) The holder of an approval shall, where applicable, comply with the relevant ICAO Annex 10 Volume 2, Annex 11 and Annex 19 Standards and Recommended Practices relating to Air Traffic Control Services and the requirements contained in this OTAR Part and the applicable parts of OTAR Part 178 if operating on an aerodrome applying an Airport Security Programme.
(b) Any agreement or contract between a holder of an approval and any service provider or sub-contractor providing services to the approval holder shall include the specific requirement for compliance with ICAO Annex 10 Volume 2, Annex 11 and Annex 19 Part and, the relevant parts of OTAR Part 178 if operating on an aerodrome applying an Airport Security Programme as applicable.
172.31 Division of air traffic control services
(a) In respect of the Overseas Territories, air traffic control services shall comprise two services identified as follows:
(1) air traffic control service, comprising one or more of the following:
(i) Aerodrome control service: an air traffic control service for any aircraft on the manoeuvring area or apron of the aerodrome in respect of which the service is being provided or which is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface; or
(ii) Approach control service: an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome in respect of which the service is being provided, whether or not the aircraft is flying by visual reference to the surface; or
(2) flight information service;
(3) alerting service.
(b) Note: Any air traffic control service shall include provision of flight information and alerting services.
(c) The naming and identification of air traffic control service units and airspace shall be in accordance with the provisions of ICAO Annex 11, Chapter 2.
172.33 Requirement for approval
(a) No person shall provide a service which the Governor deems to be an air traffic control service except under the authority of, and in accordance with the provisions of this OTAR Part.
(b) OTAR Part 178 defines the type of aerodrome operation that is subject to the requirements of that OTAR Part, including the need for an Airport Security Programme.
172.35 Application for approval
(a) An applicant for the grant of an air traffic control service approval shall apply to the Governor in the manner required and at least 60 working days before the approval is required, supplying:
(1) the applicant’s name and address; and
(2) the specific air traffic control service or services to be provided; and
(3) the aerodrome location or airspace designation at, or within which, the service will be provided; and
(4) where applicable, the Airport Security Programme, and
(5) evidence that the requirements in paragraph (b) have been met; and
(6) such other particulars relating to the applicant and the intended service as may be required by the Governor; and
(7) the exposition required by paragraph 172.51; and
(8) payment of any applicable fee required by the appropriate requirements.
(b) The applicant for an approval shall satisfy the Governor that:
(1) the applicant and his/her staff have the necessary competence and experience to operate and maintain the services safely and, where applicable securely, and meet the responsibilities of paragraph 172.51; and
(2) the Manual of Air Traffic Services (MATS) prepared for the air traffic control service unit contains all of the relevant information; and
(3) the ATS facilities, services and equipment meet the required standards; and
(4) the ATS operating procedures ensure the safe, and where applicable secure, operations of aircraft and/or the safety of air navigation; and
(5) an acceptable quality and safety management system is in place at the air traffic control service unit; and
(6) appropriate arrangements are in place for the provision of:
(i) the Aeronautical Information Service; and
(ii) the Meteorological Service; and
(iii) the Air Traffic Services Engineering.
172.37 Issue of approval
An applicant may be granted an air traffic control service approval if the Governor is satisfied that:
(a) the applicant meets the requirements of Subparts C and D of this Part, and where applicable, the requirements of OTAR Part 178; and
(b) the applicant, and the applicant’s senior person or persons required by paragraph 172.51, are fit and proper persons; and
(c) the granting of the approval is not contrary to the interests of aviation safety; and
(d) the ATSU shall have been inspected prior to issue of an approval, to the satisfaction of the Governor.
172.39 Privileges of approval
(a) An air traffic control service approval shall state:
(1) the aerodrome or airspace at, or within which, the service may be provided; and
(2) the type of air traffic control service which may be provided, as defined in paragraph 172.31.
(b) An air traffic control service approval may include such conditions as the Governor may consider appropriate.
(c) The holder of an approval issued under this Subpart shall comply with the requirements of Subparts A-D of this OTAR Part and provide the air traffic control service in accordance with those requirements and with any conditions attached to the approval.
172.41 Duration of approval
(a) An air traffic control service approval remains in force until it is suspended or revoked. In certain cases an expiry date may be allocated by the regulator.
(b) The holder of an air traffic control service approval that is suspended or revoked shall forthwith surrender the approval certificate to the Governor.
(c) The approval holder shall make any payment required by the appropriate requirements in respect of continued validity or variation of the approval.