Page 364 - Overseas Territories Aviation Requirements Consolidated - Total AOC

Regulation OTAR Part 173 - Flight Checking Organisation Approval

Regulation

GENERAL REGULATION INFORMATION
Number OTAR Part 173
Name Flight Checking Organisation Approval
Description

REGULATION ITEMS BY SECTION

Part 173 Flight Checking Organisation Approval
Reference Description
OTAR.173.1 Purpose
(a) The requirements of this Part cover flight calibration organisation relation to their organisation,
equipment, maintenance and safety management.
(b) These Requirements are not in themselves Law. Failure to comply may not constitute an
offence. However, the Requirements repeat or reproduce many of the provisions of the Air
Navigation (Overseas Territories) Order 2001 (as amended) ("the Order"). Therefore, failure to
comply with these Requirements may:
(1) constitute a breach of the Order; and
(2) result in proceedings for breaches of the Order; or
(3) result in the refusal of an application for renewal of a certificate or licence; or
(4) result in action to suspend or revoke a certificate or licence.
(c) The Order details the legal obligations governing the flight checking of air traffic services. The
Order specifies these obligations in rather general terms, therefore there is a provision in Article
135 to the Order which requires the Governor to publish Requirements to augment, amplify and
detail more precisely the manner in which these obligations shall be met. The Requirements are
the means by which the applicant will be able to satisfy the Governor as to their fulfilment of their
legal obligations in respect of the design, commissioning and operation of a flight calibration
organisation.
(d) The issue of a certificate, licence or approval indicates only that the holder is considered
competent to secure the safe provision flight calibration service. The possession of such a
document does not relieve the provider from the responsibility for compliance with the Order and
any other legislation in force.

OTAR.173.3 Use of English
All documentation, written communications and data (electronic or otherwise) for submission to the
Governor in support of an application for an approval shall be provided in English.
OTAR.173.5 Laws, regulations and procedures
Each holder of an approval shall take reasonable care to ensure that all persons employed, engaged, or
contracted by the holder to perform flight calibration activities, are familiar with the appropriate sections of
legislation, the Overseas Territories Aviation Requirements, any applicable conditions on the approval and
the procedures specified in the approval holder's Exposition.
OTAR.173.7 Procedure compliance
Each person performing duties in relation to an approval shall conform with the applicable procedures
specified in the exposition of the approval holder which authorises the operation.
OTAR.173.9 Power to inspect
Each holder of an approval shall ensure that any person authorised by the Governor shall have access to
any documentation relating to the flight calibration operation. The approval holder shall be responsible for
ensuring that, if requested to do so by an authorised person, documentation is produced within a
reasonable period of time.
OTAR.173.11 Application for approval

(a) An applicant for a flight calibration service organisation approval shall apply to the Governor with:
(1) an exposition; and
(2) any required payment.
(b) Unless the Governor is satisfied that the exposition contains adequate evidence that the
organisation has been approved to conduct flight calibration in another State, the applicant shall:
(1) demonstrate position fixing accuracy using a process agreed by the Governor; and
(2) demonstrate overall system performance by making a trial commissioning inspection
of a navigational aid using a process agreed by the Governor.
(3) Trial results shall be included in the exposition.
(c) The Governor reserves the right to require a practical demonstration to provide evidence of
compliance with this Part.

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