Air Navigation (Air Traffic Management) Order, 2004 (airtrafficmanagement)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,541, 17 ta’ Frar, 2004

L.N. 79 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Air Traffic Management) Order, 2004

IN exercise of the powers conferred by article 3 of the Civil

Aviation Act, the Minister responsible for Transport and

Communications has made the following order:-

(1) The title of this Order is the Air Navigation (Traffic Citation and

commencement.

Management) Order, 2004.

(2) This Order shall come into force on such date or dates as

the Minister responsible for Transport and Communications may, by

notice in the Gazette, appoint.

Annex II is the ICAO document entitled "Air traffic Services"

Doc RAC 4444 is the ICAO document entitled "Procedure for Air Navigation

Services - Air Traffic Management"

Doc 7030 is the ICAO document entitled "Regional Supplementary

Procedures".

ESARR 2 is the EUROCONTROL document entitled "Reporting and

Assessment of Safety Occurrences in ATM", Edition 2.0 dated 3 November 2000.

ESARR 3 is the EUROCONTROL document entitled "Use of Safety

management Systems by ATM Service providers" Edition 1.0 dated 17 July 2000.

ESARR 4 is the EUROCONTROL document established "Risk Assessment

and Mitigation in ATM" Edition 1.0, dated 05 April 2001.

ESARR 5 is the EUROCONTROL document entitled "ATM Services’

Personnel" Edition 2.0, dated 11 April 2002.

In this Order, unless the context otherwise requires -

Interpretation.

"air traffic management (ATM)" means the aggregation of

ground based (comprising variously, the Air Traffic Services,

Airspace Management, Air Traffic Flow Management) and airborne

functions required to ensure the safe and efficient movement of

aircraft during all appropriate phases of operations.

"air traffic management service provider" means an organisation

responsible and authorised to provide ATM services;

"Director" means the Director of Civil Aviation and, to the

extent of the authority given, any person authorised in that behalf by

the Director;

"ESARR" means a EUROCONTROL Safety Regulatory

Requirement document;

"ICAO" means the International Civil Aviation Organisation;

"EUROCONTROL" means the European Organisation for the

Safety of Air Navigation.

"safety management system (SMS)" means a systematic and

explicit approach defining the activities by which safety management

is undertaken by an organisation in order to achieve acceptable or

tolerable safety.

(1) No person in charge of the provision of an air traffic Requirement for

management service shall provide a service in Maltese airspace or in air

control

approval.

airspace outside of Malta where Malta has in pursuance of

international arrangements, undertaken to provide air navigation

services, otherwise than under and in accordance with the terms of an

air traffic control approval granted to him by the Director.

(2) The Director shall grant an air traffic control approval if he

is satisfied that the applicant is competent, having regard to his

organisation, staffing, equipment, maintenance and other

arrangements, to provide a service which is safe for use by aircraft.

(3) An air traffic control approval may be granted subject to

such conditions as the Director thinks fit and shall, subject to the

provisions of regulation 10, remain in force for the period specified in

the approval.

(4) When applying for an air traffic control approval and when

operating under such an approval, the person in charge of providing

an air traffic control service shall comply with the provisions of the

ICAO Annex and Documents, and the ESARR documents listed in

the Schedule to this Order, as applicable.

A person shall not provide an air traffic control service at

any place unless -

(a) the service is provided in accordance with the

standards and procedures specified in a manual of air traffic

services in respect of that place;

(b) the manual is produced to the Director within a

reasonable time after a request for its production is made by the

Director; and

(c) such amendments or additions have been made to

the manual as the Director may from time to time require.

The Director may, in the interest of safety, direct the

person in charge of an aerodrome, other than a Government

aerodrome, to provide such air navigation services as the Director

may consider appropriate. Such a direction may be provisional or

permanent in nature.

(1) A person who provides an air traffic control service

shall comply with the requirements of EUROCONTROL ESARR 3

document by establishing a safety management system which -

(a) ensures a formalised, explicit and pro-active

approach to systematic safety management in meeting its safety

responsibilities within the provision of ATM services;

(b) operates in respect of all ATM and supporting

services which are under its managerial control;

(c)

includes, as its foundation, a statement of safety

policy defining the organisation’s fundamental approach to

managing safety;

(d) ensures that everyone involved in the safety aspects

of ATM service-provision has an individual safety

responsibility for their own actions, and that managers are

responsible for the safety performance of their own

organisations;

(e)

ensures that the achievement of satisfactory safety in

the ATM shall be afforded the highest priority over commercial,

operational, environmental or social pressures;

(f)

ensures that while providing an ATM service, the

principal safety objective is to minimise the ATM contribution

to the risk of an aircraft accident as far as reasonably

practicable.

(2) The safety management system shall be operated by Operation of

safety

qualified and competent staff who shall ensure that

management

system.

(a)

a safety management function is identified with

organisational responsibility for development and maintenance

of the safety management system;

(b) this point of responsibility is, wherever possible,

independent of line management, and accountable directly to

the highest organisational level;

(c)

in the case of small organisations where

combination of responsibilities may prevent sufficient

independence in this regard, the arrangements for safety

assurance are supplemented by additional independent means;

(d) the highest level of the service provider organisation

plays a general role in ensuring safety management;

(e)

wherever practicable, quantitative safety levels are

derived and are maintained for all systems;

(f)

risk assessment and mitigation is conducted to an

appropriate level to ensure that due consideration is given to all

aspects of ATM;

(g) changes to the ATM system are assessed for their

safety significance, and ATM system functions are classified

according to their safety severity;

(h) appropriate mitigation of risks where assessment has

shown this to be necessary due to the safety significance of the

change;

(i)

the SMS is systematically documented in a manner

which provides a clear linkage to the organisation’s safety

policy;

(j)

adequate and satisfactory justification of the safety

of the externally provided services, having regard to their safety

significance within the provision of the ATM service;

(k) ATM operational or technical occurrences which are

considered to have significant safety implications are

investigated immediately, and any necessary corrective action is

taken.

(3) An air traffic management services provider shall ensure

that

(a) safety surveys are carried out as a matter of routine,

to recommend improvements where needed, to provide

assurance to managers of the safety of activities within their

areas and to confirm conformance with applicable parts of their

safety management systems;

(b) methods are in place to detect changes in systems or

operations which may suggest any element is approaching a

point at which acceptable standards of safety can no longer be

met, and that corrective action is taken;

(c) safety records are maintained throughout the SMS

operation as a basis for providing safety assurance to all

associated with, responsible for, or dependent upon the services

provided, and to the safety regulatory authority;

(d) the results and conclusions of the risk assessment

and mitigation process of a new or changed safety significant

system are specifically documented, and that this

documentation is maintained throughout the life of the system;

(e) the lessons arising from safety occurrence

investigations and other safety activities are disseminated

widely within the organisation at management and operational

levels;

(f)

all staff are actively encouraged to propose solutions

to identified hazards; and

(g) changes are made to improve safety where they

appear needed.

(1) A person who provides air traffic control services ATM risk

shall comply with the requirements of EUROCONTROL ESARR 4 assessment

mitigation.

document to ensure that hazard identification as well as risk

assessment and mitigation are systematically conducted for any

changes to those parts of the air traffic management system and

supporting services within his managerial control, in a manner which

addresses -

(a)

the complete life cycle of the constituted part of the

ATM system under consideration, from initial planning and

definition to post implementation operation, maintenance and

de-commissioning;

(b) the airborne and ground components of the ATM

system through cooperation with responsible parties; and

(c)

the three different types of ATM elements (human,

procedures and equipment), the interaction between these

elements and the interaction between the constituent

part under consideration and the remainder of the ATM system.

(2) The hazard identification, risk assessment and mitigation

processes shall include

(a)

a determination of the scope, boundaries and

interfaces of the constituent part being considered, as well as the

identification of the functions that the constituent part is to

perform and the environment of operations in which it is

intended to operate;

(b) a determination of the safety objectives to be placed

on the constituent part, incorporating

(i) an identification of ATM-related credible

hazards and failure conditions, together with their

combined effects,

(ii) an assessment of the effects they may have on

the safety of aircraft, as well as an assessment of the

severity of those effects, using the severity classification

scheme provided in ESARR 3 Appendix A, and

(iii) a determination of their tolerability, in terms

of the hazard’s maximum probability of occurrence,

derived from the severity and the maximum probability of

the hazard’s effects, in a manner consistent with ESARR 3

Appendix A;

(c) the derivation, as appropriate, of a risk mitigation

strategy which -

(i) specifies the defences to be implemented to

protect against the risk-bearing hazards,

(ii) includes, as necessary, the development of

safety requirements potentially bearing on the constituent

part under consideration, or other parts of the ATM

system, or equivalent of operations, and

(iii) presents an assurance of its feasibility and

effectiveness;

(d) verification that all identified safety objectives and

safety requirements have been met -

(i)

prior to its implementation of the change,

(ii)

during any transition phase into operational

service,

(iii) during its operational life, and

(iv) during

any

transition

phase

till

decommissioning.

(3) The results, associated rationales and evidence of the risk

assessment and mitigation processes, including hazard identification,

shall be collated and documented in a manner which ensures that

(a) correct and complete arguments are established to

demonstrate that the constituent part under consideration, as

well as the overall ATM system are, and will remain, tolerably

safe including, as appropriate, specifications of any predictive,

monitoring or survey techniques being used; and

(b) all safety requirements related to the implementation

of a change are traceable to the intended operations and, or

functions.

(1) A person in charge of providing an air traffic control Air traffic

control staff.

service shall ensure that

(a)

whilst on duty, staff employed as air traffic

controllers or student air traffic controllers are properly licensed

as required under the Air Navigation Order and meet the L.N. 176 of

medical and physical fitness requirements laid out in the same 1990.

Order; and

(b) technical and engineering personnel employed to

install and maintain equipment used for the provision of air

traffic control services are properly trained and qualified.

Training records shall be maintained for technical and

engineering personnel and such records shall be made available

for examination by the Director if he so requires.

(2) A person who fails to comply with the requirements of

subregulation (1) shall be guilty on offence.

(1) A person who becomes aware of, either through Reporting and

involvement or by having witnessed, an ATM related occurrence in assessment

ATM related

which there is an actual or potential threat to flight safety or which occurences.

can compromise the provision of safe ATM services and which falls

within the definitions of Appendix A to ESARR 2, shall report such

an occurrence in writing to the Director within ninety-six hours.

(2) A person who fails to comply with the requirements of

subregulation (1) shall be guilty of an offence.

(3) An air navigation service provider shall record, secure and

store data concerning ATM occurrences in such a manner which will

ensure its quality and confidentiality whilst permitting subsequent

collation and assessment.

(4) (a)

The authority responsible for analysing such

occurrences shall do so without delay to identify the extent to

which the ATM system helped or could have helped to reduce the

risk incurred.

(b) The analyses mentioned in sub-paragraph (1) of the

paragraph shall include safety recommendations and the Director

shall monitor the implementation of any corrective measures that

are recommended to be taken.

(5) An annual report of ATM occurrences shall be submitted

to EUROCONTROL by the Director in accordance with Appendix B

of ESARR 2.

(1) (a) The Director, may, if he thinks fit, provisionally

suspend or vary an air traffic control approval issued under these

regulations pending inquiry into, or consideration of, the case.

(b) The Director may, on sufficient ground being

shown to his satisfaction after due inquiry, revoke, suspend or

vary an air traffic control approval.

(2) The person having possession or custody of an air traffic

control approval which has been revoked, suspended or varied, shall

surrender it to the Director within a reasonable time after being

required to do so by the Director.

(3) The breach of any condition subject to which an air traffic

control approval has been granted shall, in the absence of provisions

to the contrary in the document, render the document invalid during

the continuance of the breach.

(1) A person who commits an offence under regulation

8(2) shall be liable, on conviction, to a fine (multa) not exceeding five

hundred liri.

(2) A person who commits an offence under regulation 9(2)

shall be liable, on conviction, to a fine (multa) not exceeding two

hundred liri; and, on a second or subsequent conviction, to a fine

(multa) not exceeding five hundred liri, or to imprisonment for a term

not exceeding six months or to both such fine and imprisonment.