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In this subpart:

65.1 Applicability

This Part prescribes rules governing—

(1) the issue of air traffic service licences and ratings; and

(2) the conditions under which those licences and ratings are necessary; and

(3) the privileges and limitations of those licences and ratings.

65.3 Definitions

In this Part—

Air traffic service licence means any licence issued under Part 65:

Direct supervision, in respect of the privileges of an air traffic service licence or rating, means the licence holder is supervising the situation as closely as if they were performing the task themselves, and is ready to correct or take over control at any time:

Validation, in respect of an air traffic service rating, means an authorisation to exercise the privileges of that rating at a specified location, and in a specified operating position.

65.5 Requirement for licence and ratings

(a) A person who provides an air traffic service within the airspace specified in rule 172.1 may only provide that service within an organisation operating under the authority of an air traffic service certificate issued under Part 172 and must hold—

(1) an appropriate current air traffic service licence issued under this Part; and

(2) an appropriate current rating issued and validated under this Part.

(b) A person who exercises the privileges of an air traffic service instructor listed in rule 65.405, must hold a current air traffic service instructor rating issued under this Part.

(c) A person who exercises the privileges of an air traffic service examiner listed in rule 65.455, must hold a current air traffic service examiner rating issued under this Part.

65.7 Licences and ratings

(a) The following air traffic service licences and ratings may be granted by the Director under section 75 of the Act in accordance with the applicable requirements of this Part:

(1) air traffic trainee licence:

(2) air traffic controller licence:

(3) flight service trainee licence:

(4) flight service operator licence:

(5) flight radiotelephone operator rating:

(6) air traffic controller ratings:

(i) aerodrome control rating:

(ii) approach control procedural rating:

(iii) approach control surveillance rating:

(iv) area control procedural rating:

(v) area control surveillance rating:

(vi) before 24 September 2015, area control automatic dependent rating:

(7) flight service operator ratings:

(i) oceanic air-ground rating:

(ii) aerodrome flight information rating:

(iii) area flight information rating:

(8) air traffic service instructor rating:

(9) air traffic service examiner rating.

(b) An air traffic service instructor rating and an examiner rating must be shown on the holder’s licence.

(c) Any other rating, except those specified in paragraph (b), and any validation issued under this Part to a holder of an air traffic service licence must be recorded in the licence holder's logbook, and may be shown on the holder's licence.

65.9 Reserved

65.11 Application for licences and ratings

An applicant for the grant of an air traffic service licence, an air traffic service instructor rating, or an air traffic service examiner rating, or for the endorsement of any other rating on that licence,must complete the approved CAA form and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act.

65.13 Issue of licences and ratings

An applicant is entitled to a licence or rating issued by the Director under this Part if the Director is satisfied that—

(1) the applicant is a fit and proper person; and

(2) the applicant has sufficient ability in reading, writing, speaking, and understanding the English language to enable the applicant to carry out their responsibilities as the holder of that licence or rating; and

(3) the applicant complies with all of the eligibility requirements specified in the Subpart for that licence or rating; and

(4) the granting of the licence or rating is not contrary to the interests of aviation safety.

65.15 Duration of licences and ratings

(a) Except as provided in paragraph

(b), a licence or rating issued under this Part is valid for the lifetime of the holder unless it is suspended or revoked in accordance with the Act. (b) The Director may, where the Director considers it necessary, issue a temporary licence or rating.

65.17 Examinations

(a) A candidate for an examination under this Part must—

(1) produce written proof of their identity; and

(2) except where a particular examination requires a higher pass mark, gain at least 70% of the possible marks in order to pass.

(b) An organisation conducting any examination required under this Part must identify any knowledge deficiencies exhibited by each candidate, and must ensure those deficiencies are corrected before issuing any examination pass credit.

65.19 Cheating or other unauthorised conduct

(a) During any examination under this Part, no person may, unless authorised by the conducting officer—

(1) copy from another person; or

(2) refer to any source of information; or

(3) communicate in any way with anyone other than the conducting officer; or

(4) take an examination on behalf of anyone else; or

(5) remove material from the examination; or

(6) record any examination by electronic means.

(b) Any person who performs any of the acts specified in paragraph (a) is liable to all or any of the following:

(1) failure in that subject:

(2) disqualification of all or any subjects already passed:

(3) debarment from sitting further examinations under the Civil Aviation Rules for up to 12 months:

(4) suspension or revocation of any licence, certificate, or rating issued to that person under this or any other Part of these rules.

65.21 Air traffic service logbooks – general

Each holder of an air traffic service licence must—

(1) maintain a record in ink of their air traffic service training and experience in a logbook acceptable to the Director; and

(2) before submitting their record in support of any application for a licence or rating, sign below the last entry to certify the correctness of the entries.

65.23 Air traffic service logbooks – crediting of time

(a) Subject to paragraph (b), the holder of a current air traffic service licence is entitled to be credited with the total air traffic service time during which they are carrying out the duties of an air traffic service licence holder, air traffic service instructor, or air traffic service examiner.

(b) A person exercising the privileges of a licence or rating, issued under this Part, while not complying with any applicable requirement of this Part must not credit that time for any purpose under this Part.

65.25 Medical requirements

(a) The holder of an air traffic trainee licence or air traffic controller licence issued under this Part must not exercise the privileges of that licence unless that person—

(1) holds a current Class 3 medical certificate issued under the Act; and

(2) complies with all medical endorsements on that medical certificate.

65.27 Examination for proficiency

(a) The holder of a licence or rating issued under this Part must, within such period as the Director determines, take such an examination or test as the Director considers necessary to demonstrate their continued proficiency in the capacity for which the licence or rating is held.

(b) A person who takes an examination or test under paragraph (a) and who fails to comply with the requirements prescribed for the grant of the licence or rating held, must not exercise the privileges of that licence or rating.

 

Subpart B