Statens Luftfartsvæsen Regulations for civil aviation BL 7-8 Regulations on operation of air traffic services Edition 5, 21 November 2003 In pursuance of 54 of the Air Navigation Act, cf. Consolidation Act no. 543 of 13 June 2001, the Civil Aviation Administration - Denmark hereby stipulates on the authority of the Danish Ministry of Transport, cf. Order no. 795 of 3 September 2001 on delegation of authorities to the Civil Aviation Administration - Denmark and on publication of the Regulations issued by the Administration: 1. Reference documents 1.1 ICAO Annex 10, Aeronautical Telecommunications, Volume II, latest edition. 1.2 ICAO Annex 11, Air Traffic Services, latest edition. 1.3 BL 7-6, Regulations on provision of air traffic services, latest edition. 1.4 BL 7-10, Regulations on definitions regarding air traffic services, latest edition. 1.5 BL 7-17, Regulations on meteorological services etc., latest edition. 1.6 BL 7-21, Regulations on establishment of air traffic services for public aerodromes, latest edition. 1.7 The leaflet Quality assurance issued by the Civil Aviation Administration - Denmark, latest edition. 1.8 ATS instructions issued by the Civil Aviation Administration -Denmark, latest edition. 1.9 The documents mentioned in paragraphs 1.1-1.2 can be obtained from ICAO Headquarters Attn.: Document Sales Unit 999 University Street Montréal, Quebec Canada H3C 5H7 Tel.: +1 514 954-8022 Fax: +1 514 954-6769 Sitatex: YULDYA E-post: Sales_unit@icao.int Web: www.icao.int 1.10 The documents mentioned in paragraphs 1.3-1.6 can be downloaded from the Civil Aviation Administration - Denmark s homepage www.slv.dk and from Retsinformation's (Legal Information's) home-page www.retsinfo.dk (in Danish only). The documents may also be bought on application to Civil Aviation Administration - Denmark Service Centre P.O. Box 744 Ellebjergvej 50 DK-2450 Copenhagen SV Tel.: +45 3618 6000 Fax: +45 3618 6001 E-post: ais@slv.dk 2. Definitions See BL 7-10, Regulations on definitions regarding air traffic services. BL 7-8 / Edition 5 / 21.11.2003 / 1
3. Applicability This BL lays down regulations on operation of air traffic services within Danish territory and within areas where Denmark according to international agreements is under the obligation to provide air traffic services. Note 1: Regulations on establishment of air traffic services for public aerodromes are in BL 7-21. Note 2: Regulations on provision of air traffic services units are in BL 7-6. 4. General 4.1 Air traffic services units shall be operated in accordance with the regulations in this BL, the ATS instructions laid down in pursuance the BL and any special conditions stipulated at any time by the Civil Aviation Administration - Denmark, cf., however, 4.1.1. 4.1.1 An air traffic services reporting office shall be operated in accordance with the ATS instructions for Alerting service and Air traffic service reporting laid down in pursuance of the BL and the special conditions stipulated at any time by the Civil Aviation Administration - Denmark. Except from this only the regulations in this BL contained in Part 12 for air traffic services reporting office shall apply. 4.2 Anyone who according to BL 7-21 is responsible for the establishment of air traffic services, hereinafter referred to as the licence holder, shall ensure a. that the staff necessary for the operation of the air traffic services unit is employed and that the staff has the necessary training and the necessary qualifications for exercising their functions, b. that a daily manager for the air traffic services unit is appointed, cf. Part 8, c. that premises and equipment necessary for the operation of the air traffic services unit are available, cf. BL 7-21, and d. that the necessary lines of communication have been established to ensure that the air traffic services unit is provided with the information mentioned in BL 7-21. 4.2.1 The licence holder s tasks and duties may, in accordance with what is stated in the operations manual, be delegated to a specified extent to others. 4.3 The daily manager of an air traffic services unit shall be responsible for the following: a. That the air traffic services unit is operated in accordance with the regulations contained in ATS instruction 17 and in accordance with the regulations in this BL and the stipulations and special conditions fixed at any time by the Civil Aviation Administration - Denmark, b. that the necessary quality assurance has been established in the air traffic services unit, cf. Part 6, c. that, before the end of March, a statement is submitted to the Civil Aviation Administration - Denmark of the registrations in which the quality assurance of air traffic services unit has resulted and which measures this has caused during the past calendar year, d. that local ATS instructions are laid down, e. that agreements on cooperation with other Danish air traffic services unions are made, f. that the employees of the Civil Aviation Administration - Denmark have free access to the unit s materiel, premises, manuals, etc., for inspection purposes, and g. to attend to the contact with the Civil Aviation Administration - Denmark in all matters concerning the services. BL 7-8 / Edition 5 / 21.11.2003 / 2
4.4 The air traffic services staff at the individual shall be responsible for providing air traffic services at the air traffic services unit in accordance with the ATS instructions laid down by the Civil Aviation Administration - Denmark and in accordance with the local ATS instructions laid down by the daily manager of the air traffic services unit. 4.5 An air traffic services unit may be operated by the Civil Aviation Administration - Denmark, by another public authority or by a private business approved to do so by the Civil Aviation Administration - Denmark. 4.6 An air traffic services unit shall ensure that personnel providing air traffic services shall be able to speak and understand English and Danish. 4.7 Air traffic services units shall prepare and publish emergency plans to be effected in case of disturbance or interruption of the provision of air traffic service and its supporting services within the fields of responsibility of the unit. Such emergency plans shall be coordinated with adjacent air traffic services units. 5. Approval 5.1 Before being put into service, an air traffic services unit shall be operationally approved by the Civil Aviation Administration - Denmark. Application for approval shall be accompanied by the following: a. Information on the category of air traffic services unit or combination of air traffic services units to be approved (reporting office, AFIS, tower control, approach control, control centre or flight information centre). b. Specification of duty hours for each individual air traffic services unit category. c. Drawings with dimensions marked of operation office(s) with statement of the location of working positions. d. Statement of the fixed equipment parts of the individual working positions. e. A copy of the local ATS instructions for the air traffic services unit. 6. Quality assurance Within the air traffic services unit a quality assurance system shall have been established including the following elements: a. Description of the company s organisation, resources, channels of command and organisation of the work in a manual system. b. Establishment of a reporting system ensuring the company and Department of Safety Regulation insight of the most important safety aspects in the running of the company. c. Establishment of an audit function regularly controlling whether the company follows the organisation of the work described in the manual system, cf. item a. Note: Quality assurance is described in the leaflet Quality Assurance issued by the Civil Aviation Administration - Denmark in 1996. 7. Manning 7.1 Air traffic services may only be provided by personnel certified or in another way approved by the Civil Aviation Administration - Denmark. 7.2 Any person providing helicopter aerodrome flight information service at a HISunit shall be covered by 74 of the Air Navigation Act. 8. Daily manager 8.1 A person approved by the Civil Aviation Administration - Denmark shall be ap- BL 7-8 / Edition 5 / 21.11.2003 / 3
pointed as daily manager of an air traffic services unit. 8.1.1 Application for approval as daily manager of an air traffic services unit shall be submitted by the licence holder and countersigned by the nominated person. 8.1.2 Approval as daily manager shall be granted valid for one or more air traffic services units. 8.2 Approval as daily manager shall be conditional on the following: a. 1. The person in question shall either hold a valid licence with the privilege to provide service at the unit in question, or 2. in the opinion of the Civil Aviation Administration - Denmark, the training and experience of the person in question shall meet the requirements made on the service at the unit in question. b. The person in question shall have been engaged for at least 2 years in providing the relevant type of air traffic service either with the Civil Aviation Administration - Denmark or with another public authority or private company holding a permission to provide air traffic service. c. The person in question shall be employed full time by the licence holder or by the one who according to agreement entered into with the licence holder has been assigned to provide air traffic service. 8.3 The approval of the Civil Aviation Administration - Denmark of a person as daily manager of an air traffic services unit will be revoked if a. the licence holder or the person in question so requests, b. the daily manager no longer meets the requirements mentioned in 8.2, or c. the daily manager grossly or repeatedly neglects his duties under this BL or the stipulations otherwise applicable for this service. 8.4 The approval as daily manager of an air traffic services unit will be repealed if a. the Civil Aviation Administration revokes the licence holders permission to provide air traffic services, or b. the privilege to provide the activities as daily manager of the service is suspended in pursuance of 79 of the Danish Criminal Code. 9. Cancellation The Civil Aviation Administration - Denmark may revoke or change a permission granted to operate an air traffic services unit if a. the regulations in this BL or other applicable laws, rules or conditions for the activities are substantially set aside, b. the conditions for obtaining an operational approval are no longer met and the situation is not corrected within a limit fixed by the Civil Aviation Administration - Denmark, or c. it must be assumed that the licence holder is not able to maintain the permitted activities as required. 10. Exemption The Civil Aviation Administration - Denmark may in particularly exceptional cases grant exemption from the regulations in this BL when it is deemed compatible with the considerations on which the regulations in question are based. BL 7-8 / Edition 5 / 21.11.2003 / 4
11. Punishment 11.1 The following will be punished with fine: a. Anyone operating an air traffic services unit without appropriate approval, b. anyone putting into operation an air traffic services unit that has not been operationally approved, c. the daily manager disregarding the regulations in 4.3, and d. anyone providing air traffic service and disregarding the ATS instructions determined by the Civil Aviation Administration - Denmark, or disregarding the local ATS instructions determined by the daily manager of the air traffic services unit. 11.2 Penalty may be imposed on companies etc. (legal persons) in accordance with the rules in Chapter 5 of the Criminal Code, cf. subsection 14 of 149 of the Air Navigation Act. 12. Implementation 12.1 This BL comes into force on 27 November 2003. 17.2 At the same time BL 7-8, 4 edition of 30 April 1997 with later amendments are repealed. Civil Aviation Administration - Denmark, 21 November 2003 Kurt Lykstoft Larsen /Karsten Theil BL 7-8 / Edition 5 / 21.11.2003 / 5