Part 65 - Consultation

Note: This statement does not form part of the rules contained in Part 65. It provides details of the consultation undertaken in making the rules.

Background to the Rules

In April 1988 the Swedavia - McGregor Report on civil aviation regulation in New Zealand was completed. Following the recommendations contained in that report, the Civil Aviation Authority (CAA) (formerly the Air Transport Division of the Ministry of Transport) commenced a complete review of all existing civil aviation legislation. The existing legislation that is still appropriate is being rewritten into the new Rules format. New legislation is being generated where necessary for the areas not presently covered.

Considerable research was carried out to determine the format for the new legislation. It was decided that the legislative framework should incorporate the advantages of the regulatory system of the Federal Aviation Administration (FAA) of United States of America and the system being developed by the European Joint Aviation Authorities and published as Joint Aviation Requirements (JAR).

The new rules are structured in a manner similar to the Federal Aviation Regulations (FAR) of the FAA, and aim to achieve maximum harmonisation whilst allowing for national variations. Close co-operation is also being maintained with the Civil Aviation Safety Authority of Australia to ensure maximum harmonisation with their regulatory code.

New Zealand's revised legislation is published as Civil Aviation Rules (CAR) which is divided into Parts. Each Part contains a series of individual rules which relate to a particular aviation activity.

Accompanying most Parts will be at least one associated Advisory Circular (AC) which will expand, in an informative way, specific requirements of the Part and acceptable means of compliance. For instance an AC may contain examples of acceptable practices or procedures which would meet the requirements of a particular rule.

The CAR numbering system is based on the FAR system. As a general principle the subject matter of a rule Part will be the same or similar to the FAR although the title may differ to suit New Zealand terminology. Where a CAR Part does not readily equate with a FAR number code, a number has been selected that does not conflict with any existing FAR Part.

The objective of the new rules system is to strike a balance of responsibility between the State authority and those who provide services and exercise privileges in the civil aviation system. This balance must enable the State authority to set standards for, and monitor performance of, aviation participants whilst providing the maximum flexibility for the participants to develop their own means of compliance.

Section 12 of the Civil Aviation Act 1990 requires participants in the aviation system to carry out their activities safely and in accordance with the relevant prescribed safety standards and practices. Section 28 of the Act allows the Minister to make ordinary rules.

Notice of Proposed Rule Making

To provide public notice of, and opportunity for comment on the proposed new rules, the Authority issued Notice of Proposed Rule Making 96-4 under Docket Number 1120 on 11 May 1996. This Notice proposed the introduction of Civil Aviation Rules Part 65 to provide a regulatory safety boundary for the licensing of Air Traffic Service Personnel.

Supplementary Information

All comments made on the Notice of Proposed Rule Making are available in the rules docket for examination by interested persons. A report summarising each substantive contact with the Civil Aviation Authority contact person concerning this rule making has been filed in the docket.

Availability of the Document

Any person may view a copy of these rules at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140. Copies may be obtained from the Civil Aviation Authority of New Zealand, PO Box 3555, Wellington 6140.

Summary of Comments on Docket Number 1120 NPRM

1. General comments on the NPRM

Airways Corporation of New Zealand Limited note "that Part 65 introduces some provisions, particularly in the area of licensing, training and examining, which directly alter ICAO Annex 1 provisions".

Civil Aviation Authority response is that these provisions are in addition to the minimum provisions of Annex 1.

An ATCO instructor comments that "The intent of the CAR 65 is to bring Air Traffic Control training into line with training in other areas of the aviation industry and the proposed format does this in a comprehensive yet simplistic way."

Execair International Limited say they have studied the contents and the NPRM "appears satisfactory".

The Guild of Air Pilots and Air Navigators say they are "generally happy with the Rule as proposed from the safety standpoint".

An ATCO licence holder says "I welcome the move to a greater involvement by the CAA particularly in respect to the issuing of ATCO licences."

Civil Aviation Authority notes the above four comments.

An ATCO licence holder is "concerned that there is no specific entry relating to the provision of an ATS service at a temporary location."

Civil Aviation Authority response is that Part 65 is focused on the licensing of individuals rather than on the operational provision of the ATS services.

The New Zealand Gliding Association "would like to see air traffic controllers receive a measure of appropriate air experience as part of their various qualifications."

Civil Aviation Authority response has been to introduce flight experience requirements.

Rural Aviation (1963) Ltd say "the closest I usually get to this subject is a friendly voice at the other end of the radio" but "I have reviewed the proposed rule and advisory circular and cannot see anything that appears to be in conflict with the other rules I have worked on. Naturally I would suggest that you look to Airways Corporation and its staff for detailed input."

Civil Aviation Authority notes this comment.

2. Specific comments on the NPRM

Rule numbers refer to the numbering as it was in the NPRM

Subpart A - General

65.3 Requirement for licence and ratings

An ATCO licence holder discussed the use of the terms "current" and "valid" in several areas.

Civil Aviation Authority response has been to define these terms.

5. Licences and ratings

Airways Corporation of New Zealand Limited "strongly prefers the terminology "trainee Licence" as opposed to "Cadet Licence".

Civil Aviation Authority response is that this was the only comment received after the NPRM requested comments on this point, and the preference has been accepted.

The New Zealand Air Line Pilots' Association "submits that an additional air traffic controller rating should be added, namely an Automatic Dependant Surveillance Rating."

Airways Corporation of New Zealand Limited reviewed "its response in regard to Automatic Dependant Surveillance, ADS, Ratings" and wrote "With the continual change and evolution of this technology it is now apparent that such a Rating is warranted."

Civil Aviation Authority response to the above two comments has been to add this rating in addition to the current ICAO Annex 1 requirements.

The New Zealand Air Line Pilots' Association "submits that all ratings should be shown on the holder's licence, in the same way as on Drivers Licences. It would be inappropriate, and indeed misleading, if only some and not other ratings were entered on the licence."

Civil Aviation Authority response is that the option is there for all ratings to be shown on a person's licence. However, in accordance with the lifetime licence philosophy of not wishing to force individuals to keep renewing their licences every time they get a new rating, the rule only requires the instructor and examiner ratings to be shown on the licence.

7. Exchange of licence

Airways Corporation of New Zealand Limited say "Provision is made in this section for ATS licences, rating and validations issued under the 1953 Regulations to be deemed to have been issued under this Part. Instructor and Examiner Ratings do not currently exist although individuals currently exercise those functions. What transition provisions would exist in this area?"

Civil Aviation Authority response has been to provide transition provisions.

65.9 Application for licences and ratings

An ATCO licence holder says the term "air traffic service licence" is used but not defined.

Civil Aviation Authority response has been to define this term.

65.11 Issue of licences and ratings

The New Zealand Air Line Pilots' Association submits that the English language requirement should define "sufficient ability" and suggests the use of the "International English Language Test".

Civil Aviation Authority response is that this matter has already been fully investigated in the drafting of earlier rules, and the best measure of the required ability has been determined at that required to complete the training and pass the required assessments.

The New Zealand Air Line Pilots' Association asks why a prerequisite is that "the granting of the licence or rating is not contrary to the interests of aviation safety."

An ATCO licence holder says "I am opposed to a provision such as this if the criteria or guidelines for such action are not published and therefore known to all participants."

Civil Aviation Authority response to the above two comments is that this is a requirement of the Act for any aviation document and is being included in all new and amended rules for the issue of aviation documents.

The New Zealand Air Line Pilots' Association suggests there should be a paragraph specifying what a validation is.

Civil Aviation Authority response has been to add a definition of validation, in the context of air traffic service ratings, to the list of definitions.

The New Zealand Air Line Pilots' Association suggests that it should be specified "that no controller can exercise the privileges of his/her licence unless they hold a current validation for the service being provided."

Civil Aviation Authority response is that this point is already covered under the requirement for licence and ratings at the beginning of Part 65.

65.19 Air traffic service logbooks - general

The Guild of Air Pilots and Air Navigators "sees little merit in the proposed introduction of a form of logbook for ATC officers. Our Air Traffic Control Sub-committee was of the opinion that this document would be cumbersome to administer and in any event, would have little meaning or relevance. The present currency requirements are quite adequate and are working well."

Civil Aviation Authority response is that logbooks are needed because of the change from the present in-house system within one organisation, that the Guild refers to, to the new system where an external body, the CAA, requires proof of a person's experience.

21. Air traffic services logbooks – crediting of time

Airways Corporation of New Zealand Limited say "The concept of logbooks in air traffic services is new. The practical reality, i.e. the form the logbook will take and the level of detail that will be entered in it is still, from our perspective, unclear. We request clarification."

An ATCO licence holder says "I think that the concept of logbooks is reasonable but think it unnecessary to use daily entries. The logbook should be restricted to significant entries. A system of loose leaf entries could also be incorporated."

Civil Aviation Authority response to the above two comments is that one reason for the introduction of logbooks is because the CAA will be issuing ATS licenses and will require proof that experience prerequisites have been met. The other reason is that logbook records will provide a mechanism for industry to issue most of the ratings and all validations. The form of the book, and level of detail to be recorded, will be as necessary to achieve those objectives. However, loose leaves would not be an acceptable permanent record.

65.23 Medical requirements

An ATCO licence holder says "I submit that there should also be an onus on the licence holders not to exercise the privileges of the licence if they are aware of a condition that could impair their performance but may in fact still comply with the provision of para (b)(1)."

Civil Aviation Authority response is that the onus is certainly there, and the I'M SAFE checklist is a reminder of this, but the core medical standards are those of this Rule.

An ATCO licence holder says "I think that 48 hrs is a reasonable period in which to produce the licence and medical certificate if so required."

Civil Aviation Authority response has been to allow the same full 7 days that are specified in the Transport (vehicle and driver registration and licensing) Act 1986.

An ATCO licence holder questions the alcohol levels.

The New Zealand Air Line Pilots' Association made a 23 page submission objecting to the rule introducing restrictions on alcohol amounts that may be present in a persons body prior to exercising the privileges of their licence. They concluded "The New Zealand Air Line Pilots Association would be happy to co-operate with CAA in the investigation of possible alcohol-abuse within the air traffic control industry, and to work to provide sensible solutions to benefit the aviation system as a whole.'

Civil Aviation Authority response to the above two submissions has been to withdraw this rule pending further consultation as suggested by ALPA. A discussion paper is to be developed by MOT addressing this issue comprehensively across the transport industry.

65.27 Offences involving alcohol or drugs

An ATCO licence holder says "the possible linking of a drink/drive charge to the ATCO licence is not appropriate unless specific guidelines are stated and adequately defined."

Civil Aviation Authority response is that the Act requires the Director to determine whether a person is a fit and proper person to hold an aviation document before issuing the document. The criteria for the fit and proper person test are specified in section 10 of the Act and include a broad discretion for the Director to "take into account such other matters and evidence as may be relevant". This rule provides notice that offences involving alcohol or drugs will be relevant to the determination of whether a person is fit and proper or not.

Subpart B – Air Traffic Trainee Licences

55. Privileges and limitations

An ATCO licence holder says ""direct supervision" must be defined".

Civil Aviation Authority response has been to define this term.

Subpart C – Air Traffic Controller Licences

103. Eligibility requirements

Airways Corporation of New Zealand Limited request clarification "as to the meaning of the word "current" with respect to an air traffic control licence issued by a foreign State."

Civil Aviation Authority response is that this term has been added to the Definitions.

Airways Corporation of New Zealand Limited say this rule appears "to indicate that the holder of a foreign air traffic control licence is required to be re-examined in all the subject areas specified in (4), If this is the case we would consider this requirement to be excessive. It is important, however, that any individual is examined on New Zealand specific material - in this respect we would consider it suitable to indicate that the holder of a foreign air traffic control licence was required to pass examinations on New Zealand specific material which could come under any of the topic headings specified in (4)."

Civil Aviation Authority response has been to amend this requirement as requested.

An ATCO licence holder asks "Does this para make it mandatory that a Trainee licence be held as a prerequisite for the issue of an ATCO licence?"

Civil Aviation Authority response is that it does, subject to the overseas option, as the trainee licence includes what would otherwise be other prerequisites for the full licence.

An ATCO licence holder says to delete the word current as "Currency is not the requirement being sought".

Civil Aviation Authority response is that it is not rating currency that is being sought, but an assurance that the overseas licence being presented to CAA for acceptance, would be acceptable for use in the applicant's own country.

An ATCO licence holder says "Three months is not an acceptable period of training. I submit that one year is the absolute minimum. The CAA started its own training scheme in the 60's and decided that 3 years was the appropriate amount of training."

Civil Aviation Authority response is that this period is in addition to that required for the training course for the trainee licence.

An ATCO licence holder says "Air Law should specify that the rules and regulations are those relating to aircraft and not just those found in ATC documents."

Civil Aviation Authority response is that the Rule only contains the level of detail required by ICAO Annex 1, and that the Advisory Circular then fleshes out the syllabus.

An ATCO licence holder says "I submit that the ICAO standard of 21 yrs is the minimum acceptable. It must be assumed that the holder may become the sole charge at a busy unit on gaining the licence. It is not possible to accumulate sufficient experience and to achieve the degree of responsibility/maturity required prior to that age. Compare with an ATPL."

Airways Corporation of New Zealand Limited "vigorously support our previous submissions relating to a reduction of minimum age from 21 to 19."

The Guild of Air Pilots and Air Navigators supports "the lowering of the minimum age for a licence-holder to 19 years. This is in line with requirements for the holding of comparable licences in other parts of the Aviation Industry."

The New Zealand Air Line Pilots' Association made an eight page submission supporting the retention of 21 as the minimum age for an air traffic controller licence.

Civil Aviation Authority response to the above 4 comments has been to transfer the minimum age submission back to its own project in order to consider it separately to this final rule.

An ATCO instructor makes a two page submission questioning the need for examinations.

Civil Aviation Authority response is that it believes the licensing Rules have all the necessary flexibility in them, whilst still meeting ICAO requirements and providing the CAA with the assurances it requires to issue licences.

The New Zealand Air Line Pilots' Association believe "Part 65 should contain some requirements relating to assessments of proficiency for controllers on a regular and defined basis" and "recommend to CAA that it incorporate within Part 65 a requirement similar to that contained within the Airways Corporation Manual of Air Traffic Services in Pel 24, where it specifies that each controller must complete an assessment of proficiency at intervals of not less than 11 calendar months and not exceeding 13 calendar months. If a controller is not assessed within this period, or fails to pass such an assessment, he/she shall not be rostered for duty at the position concerned until such an assessment has been sucessfully completed."

Civil Aviation Authority response is that the operational situation of controllers is very similar to that of pilots who will be flying for the holder of an air operator certificate issued under Part 119, where the rules require the holder to have procedures to ensure the competency of their own pilots. In this situation it is proposed to remove the need for a separate biennial flight review; and it is felt this philosophy also applies to controllers who will all be employed by the holder of a Part 172 certificate.

An ATCO licence holder says "is it not reasonable to expect that an ATCO should have a limited amount of experience of being in an aircraft - other than as a passenger - flight deck famil or 5 hrs dual minimum?"

The New Zealand Gliding Association propose an additional requirement of at least "twenty hours of air experience in aircraft, of which at least five hours has been conducted in a light-twin and at least 10 hours of which has been conducted on cross-country navigation exercises".

Civil Aviation Authority response to the above two comments has been to require applicants for air traffic controller licences to have flight deck experience in controlled airspace.

Subpart E – Flight Service Operator Licences

201. Eligibility

The New Zealand Gliding Association propose an additional requirement of at least "ten hours of air experience in aircraft, of which at least five hours has been conducted on cross-country navigation exercises".

Civil Aviation Authority response has been to require applicants for flight service operator licences to have flight deck experience.

Subpart F – Flight Radio Telephone Operator Ratings

252. Applicability

An ATCO licence holder says "The FRTO should be issued by the CAA as at present. Is this FRTO the same as for the pilot?" "With the decline in the level of involvement by current ATCOs in flying, I submit that it is inappropriate to sit the same subject that a student pilot sits."

Civil Aviation Authority response is that the issue of the FRTO is being devolved to industry in accordance with industry requests. The FRTO is the same for ATS personnel as for pilots because they share a common communication system.

255. Issue

Airways Corporation of New Zealand Limited ask "What transition provisions will be made for most existing staff who do not have this formal rating?"

Civil Aviation Authority response has been to deem existing staff to meet the eligibility requirements for this rating.

Subpart G - Air Traffic Controller Ratings

303. Eligibility requirements

Airways Corporation of New Zealand Limited "foresee difficulty with the specification of minimum time periods for the issue of a new validation for an existing rating." "We request that this requirement be amended to reflect the original ICAO intent of allowing validation without specifying a minimum time period. Competency being addressed by the operational examination described in (5)."

Civil Aviation Authority response has been to amend the time requirement to a training requirement.

An ATCO licence holder asks "Can you in fact hold an ATCO licence when you are gaining your first rating? I would think they are coincident, ie you do not gain an ATCO licence until you also gain your first rating."

Civil Aviation Authority response is that in practice they are coincident but that technically the licence comes first.

An ATCO licence holder asks if the instructors referred to are required to be current.

Civil Aviation Authority response is that the Rule requiring licences and ratings requires those licences and ratings to be current.

An ATCO licence holder submits "that it should not be possible to hold the radar rating without also holding the associated procedural rating" so "the loss of a radar facility should not unduly reduce the safety margins."

Civil Aviation Authority response is that the requirements for the radar ratings already include the requirements for the procedural ratings.

The New Zealand Air Line Pilots' Association "support the use of high-fidelity simulators in the training phase of controllers up to a maximum of 25% of the time requirement for specific ratings. Our support is contingent upon several factors:"

Airways Corporation of New Zealand Limited says "Simulation in ATS has a similar value to that of pilot training. Airways currently credits "high fidelity" simulation on a 1 hour for 1 hour basis up to a maximum of 50% of the required minimum experience time for the issue of a rating. There is strong evidence that the value is in fact much greater."

Civil Aviation Authority response is that the use of simulation during the training of air traffic service personnel is acceptable in principle to the CAA and that it will consult further with the above two submittors.

The New Zealand Gliding Association propose an additional requirement of (i) for the issue of an area or area radar control rating, have completed ten sectors air transport experience in a multi-engined aircraft operating on a scheduled air transport service within controlled airspace; and (ii) for the issue of an approach and approach radar control rating, have completed at least one precision and one non-precision instrument approach while on air experience flights on air transport operations within controlled airspace."

Civil Aviation Authority response has been to require the flight deck experience at licence issue level rather than at rating level.

309. Recent experience requirements

An ATCO licence holder says "I think that the recent requirements should also specify the length of time permitted before which "currency" is at risk. The current term of 28 days is appropriate."

The New Zealand Air Line Pilots' Association "submits that the requirements as specified are insufficient to guarantee a required level of currency" and proposes a two-tiered approach based on the current Airways Corporation standards.

Civil Aviation Authority response to the above two comments has been to provide a further rule as proposed.

An ATCO licence holder says "it may be necessary to include in the privileges of the rating the ability to give "direct supervision" to a suitably qualified controller who is undergoing the requirements of the recent experience revision. This would be similar to the instrument rating requirements for pilots; you do not have to do dual, you can fly with another instrument rated pilot."

Civil Aviation Authority response is that this need has been addressed through the specified privileges of the instructor rating.

Subpart I - Air Traffic Service Instructor Ratings

65.401 Applicability

An ATCO instructor comments that "the introduction of Instructor ratings is long overdue."

The New Zealand Air Line Pilots' Association "supports the concept of Air Traffic Service Instructor ratings as provided for in this NPRM".

Civil Aviation Authority response to the above two comments is to note those comments.

403. Eligibility requirements

Airways Corporation of New Zealand Limited say they "assume that it would be acceptable for the practical test to be carried out in a simulated environment as opposed to a live air traffic control environment which would be impractical."

Civil Aviation Authority response is to confirm that this option would be acceptable.

Airways Corporation of New Zealand Limited say "The minimum experience requirement of two years for the issue of an Instructor rating would have a significant effect on our ability to manage units with a high staff turnover." But "Airways would be comfortable with the option suggested at page 3 of the NPRM, i.e. 1 years experience for the privilege of supervising trainees and 2 years for the privilege of issuing ratings and validations."

An ATCO licence holder says "I would submit that economics is not sufficient justification for reducing the period that an instructor must have from two years to any lesser period. There can not be any other reason."

The New Zealand Air Line Pilots' Association "believes that the requirement to have held an ATC licence for at least two years is desirable and submits that this period of time should be retained within the rule. We believe that if the cumulative average time from the issue of a PPL through to the granting of a B Category Instructor Rating were analysed, the figure would be in excess of 2 years. The two year requirement for ATC instruction is reinforced as the Corporation further reduces the course length of its training programmes. Over one decade the trainee course has reduced from a 3-year course to a 64 week programme. The old cadet programme allowed a reasonably lengthy time of "aviation immersion", including work as an ATC assistant and also flight training."

The Guild of Air Pilots and Air Navigators "is of the opinion that the proposed move to lower the experience level for an Instructor Rating from 2 years to 12 months is unwise. An officer in any other area of the Aviation Industry would be considered to be barely out of probation after 12 months, let alone able to instruct others, irrespective of the hours attained at this point in his career. The Sub-committee was of the opinion that the reduction to 12 months appeared to be driven by expediency rather than by good aviation practice. For this reason the Guild is opposed to the reduction."

Civil Aviation Authority response to the above four comments is that the two tier experience requirement ­ bearing in mind the transfer of what were supervising privileges of an ordinary licence to that of an instructor rating ­ would best meet the needs of all the different commentors.

405. Privileges and limitations

Airways Corporation of New Zealand Limited say "It is assumed that the Instructor rating requirements relate to the performance of actual operational duties and as such a rating is not required for non-operational instruction (e.g. Training Centre and Unit simulators)."

Civil Aviation Authority response is to confirm this is correct and that the qualifications of instructors in non-operational situations will be addressed in the requirements for the certification of the organisation.

Airways Corporation of New Zealand Limited say "It is noted that the FAA has recently waived medical requirements for airline simulator instructors allowing flight instruction and check functions to be undertaken in simulators by experienced pilots who no longer hold medicals."

Civil Aviation Authority response is that this is already CAA policy and that this provision was already available in the NPRM.

An ATCO licence holder says "Delete the FRTO issue. This exam is currently available through CAA and should remain so."

Civil Aviation Authority response is that issue of this rating is being devolved to Industry as a result of industry submissions and the provision in Part 65 is to maintain the standards of the rating in the air traffic service area.

An ATCO licence holder says, in respect to currency, "13 months is not a long term compared with the 5 years for an ATCO licence. Perhaps the 2 year ­ BFR ­ period might be more appropriate."

Civil Aviation Authority response is that the 13 months chosen is the same as for Category "B" flight instructor rating and for flight engineer examiner ratings.

Subpart J - Air Traffic Service Examiner Ratings

65.451 Applicability

The New Zealand Air Line Pilots' Association "supports the concept of Air Traffic Service Examiner ratings as provided for in this NPRM".

Civil Aviation Authority response is to note this comment.

65.455 Privileges and limitations

Airways Corporation of New Zealand Limited suggest that assessment and training at their Training Centre could be handled under Part 172 or Part 141.

Civil Aviation Authority response is to agree with this suggestion.

Airways Corporation of New Zealand Limited asks "could provision be made for authorised individuals who do not hold ATS Licences but are covered under a Part 172 or 141 certificate to examine for the issue of an Instructor Rating?"

Civil Aviation Authority response has been to provide for this.

List of Consultants

Airways Corporation of New Zealand Limited

Barry Brunton, Christchurch

Execair International Limited

The Guild of Air Pilots and Air Navigators

P. Hislop, Christchurch

The New Zealand Air Line Pilots' Association ATC Council

New Zealand Gliding Association

Rural Aviation (1963) Limited

Transitional arrangements

Under rule 65.9(a), airways services personnel licences issued under the Civil Aviation Regulations 1953 are deemed to be lifetime air traffic service licences issued under Part 65. They may be exchanged for an equivalent new licence under Part 65 without any further examination or test.

Under rule 65.9(b), ratings and validations held on a licence issued under the Civil Aviation Regulations 1953 carry over to a licence issued under Part 65 and are deemed to have been issued under Part 65.

Under rule 65.203(c), a person who holds a current aeronautical station operator licence issued under the Civil Aviation Regulations 1953 is deemed to meet the eligibility requirements for the issue of a flight service operator licence.

Under rule 65.253(b), a person who holds an airways services personnel licence issued under the Civil Aviation Regulations 1953 is deemed to meet the eligibility requirements for the issue of a flight radiotelephone operator rating.

Under rule 65.403(c), a person who, at the time Part 65 comes into effect, is exercising privileges equivalent to those of an air traffic service instructor listed under rule 65.405, under the authority of an Airways Service Certificate issued under the Civil Aviation Regulations 1953, is deemed to meet the eligibility requirements for the issue of an air traffic service instructor rating.

Under rule 65.453(b), a person who, at the time Part 65 comes into effect, is exercising privileges equivalent to those of an Air Traffic Service examiner listed under rule 65.455, under the authority of an Airways Service Certificate issued under the Civil Aviation Regulations 1953, is deemed to meet the eligibility requirements for the issue of an air traffic service examiner rating.

Under rule 65.5(d), a person who is exercising the privileges of an air traffic trainee licence, a flight service trainee licence, an air traffic service instructor rating, or an air traffic service examiner rating is not required to hold those licences or ratings for a period of 6 months from the date this Part comes into force.

Under Appendix A, any act required by this Part to be performed by, or under the authority of, the holder of an air traffic service certificate issued under Part 172, may be performed by or under the authority of the holder of an Airways Service Certificate issued under regulation 149A of the Civil Aviation Regulations 1953 that is current at the time this Part comes into force until the end of the transition period for certification under Part 172.

Regulatory activities

The following regulations will be affected by the commencement of this rule Part –

1. Civil Aviation Regulations 1953:

Regulation 228(1A),(2A),(4)-(9)

Regulations 229 to 235

2. Civil Aviation Safety Order Nr 16, medical requirements for the grant of Air Traffic Controller licences.

Conclusion

The Authority concludes from this consultation that the majority of the aviation industry participants favour the direction of the new rules. Specific issues that were identified in the comments received from the consultative group have been addressed. The rules also meet New Zealand's international obligations under the applicable ICAO Annex. The comments and all the background material used in developing the rules are held on the docket file and are available for public scrutiny. Persons wishing to view the docket file should call at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140, and ask for docket file 1120.