REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION

REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION CIVIL AVIATION SAFETY REGULATION (CASR) PART 172 AIR TRAFFIC SERVICE PROVIDERS LAMPIRAN KEPUTUSAN...
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REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION

CIVIL AVIATION SAFETY REGULATION (CASR)

PART 172 AIR TRAFFIC SERVICE PROVIDERS

LAMPIRAN KEPUTUSAN MENTERI PERHUBUNGAN NOMOR : KM 11 Year 2009 TANGGAL : 12 Feb 2009

CIVIL AVIATION SAFETY REGULATION (C A S R)

PART 172 AIR TRAFFIC SERVICE PROVIDERS

REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION

CASR PART 172 AIR TRAFFIC SERVICE PROVIDERS TABLE OF CONTENTS Page General

1

172.005

Applicability

1

172.010

Definitions

1

172.015

Air Traffic Service provider

2

172.020

Providing air traffic service without approval

2

172.022

Issue of Manual of Standards (MOS)

2

Subpart 172.B

Approval as an ATS provider

3

172.024

Applicant for approval as ATS unit

3

172.025

Requirement to obtained certificate of air traffic service

3

172.030

Approval for certificate of Air Traffic Service

3

172.035

Approval subject to conditions

4

172.040

Approval not transferable

4

172.045

Certificate under Subpart 172.F

4

172.050

How long approval remains in force

4

172.055

Variation of approvals

4

Obligation of ATS providers

4

Subpart 172.A

Subpart 172.C

Division 172.C.1 Operations manual 172.060

Operation manual

Division 172.C.2 Air Traffic Service

4 4 5

172.065

Standards for air traffic service

5

172.070

Aeronautical telecommunications procedures

5

172.075

Requirement for Air Traffic Service Provider should be ensure to implementation of ICAO Doc. 4444 and ICAO Doc. 7030

5

Compliance with provider’s operations manual of air traffic service

6

170.085

Priority of standards

6

172.090

Priority of inconsistent procedures

6

172.080

Table of Contents

Page i

Division 172.C.3 Standards for facilities and equipment 172.095

Facilities and equipment

Division 172.C.4 Organization and personnel

6 6 7

172.100

Training

7

172.105

Organization

7

172.110

Personnel

7

172.115

Supervisory personnel

7

172.120

Qualifications for certain personnel

7

Division 172.C.5 Service arrangement

8

172.125

Agreements with service providers

8

172.130

Agreements with aerodrome operators

9

172.135

Arrangements for transfer of information

9

Division 172.C.6 Management

9

172.140

Training and checking program

9

172.145

Safety management system

9

172.150

Contingency plan

9

172.155

Security program

9

Division 172.C.7 Reference materials, documents, records and log books as reference 172.160 172.165 172.170 172.175

Reference materials Documents and records Document and record control system Log books

Division 172.C.8 Notice of air traffic service 172.180

10 10 10 10 10 11

Availability of air traffic service

11

Telling DGCA about changes of ATS

11

172.185

Organizational changes

11

172.190

Discontinuing air traffic service

11

Miscellaneous

11

Air Traffic Service unit must not provide unauthorized air traffic service

11

Subpart 172.D

Subpart 172.E 172.195

Table of Contents

Page ii

Subpart 172.F

Administration

Division 172.F.1 Preliminary 172.200

Applicability of this Subpart

Division 172.F.2 Approvals

11 11 11 12

172.205

Joint applications not permitted

12

172.215

Procedures application of certificate

12

172.220

Proffering of application of certificate

12

172.225

Application for approval cancelled previously

12

172.230

DGCA may require demonstrations of procedures or equipment

12

172.240

DGCA can ask applicant to do provide more information

12

172.245

Statutory declarations to verify applications

13

172.250

Base consideration of DGCA give certificate

13

172.255

Statutory declarations to verify statements in submissions

13

172.260

When DGCA approved for an applicant

13

172.265

When decision must be made

14

172.270

Notice of decision

14

172.275

Certificate about approval

14

172.280

Return of certificate if approval cancelled

15

Division 172.F.3 Change of approvals

15

172.285

Applicability of this Division

15

172.290

Application of change of certificate

15

172.295

DGCA’s power to vary condition of approval

15

Division 172.F.4 Directions to amend provider’s operations manual 172.300

DGCA may direct amendments to provider’s operations manual

Division 172.F.5 Suspension and cancellation of approvals

15 15 16

172.305

Definition of this Division

16

172.310

Suspension of approval by show cause notice

16

172.315

Grounds for cancellation of approval

16

172.320

Notice to show cause cancellation of approval

16

172.325

Cancellation of approval after show cause notice

16

172.327

Cancellation if cooperation or arrangement ceases

17

172.330

Cancellation on request of ATS provider

17

Table of Contents

Page iii

Subpart 172.A General 172.005

Applicability (1). This rule applying to: (a) (b)

Air Traffic Service provider; and Sets out certain administrative rules applying to Directorate General of Civil Aviation (DGCA)

(2). This rule does not apply to: (a) (b) 172.010

Air traffic service provided for the Military; Specified conditions to endangering of air traffic service.

Definitions Civil Airspace authority means: (1). The DGCA having the responsibility to make procedure standard and policy for air traffic services according to legislation applying. (Aviation Act Number 15 Year 1992) (2). Related Governmental Institution which have importance in usage of airspace for aviation activity. Air traffic service means: A generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service). Air Traffic Service pursuant to airspace status divided: (1). In uncontrolled airspace to be provided flight communication services (flight information service, Aerodrome flight information service, advisory service and alerting service). (2). In controlled airspace to be provided air traffic control services (area control service, approach control service or aerodrome control service, alerting service) Annex 10 about Aeronautical Telecommunication means Annex 10 to the Convention on International Civil Aviation Organization. Annex 11 about Air Traffic Services means Annex 11 to the Convention on International Civil Aviation Organization. Certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with The Government Regulation ….. Paragraph…. Article……

CASR 172 – 1st Edition/November 2008

Page 1

ICAO Doc.4444 means Doc.4444-ATM/501 (Procedures for Air Navigation Services – Air Traffic Management) approved and published by the Council of the International Civil Aviation Organisation, as in force from time to time. ICAO Doc.7030 means Doc.7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time. Manual of Standards means standard manual for Air Traffic Services Provider. Operations Manual means standard manual for operation on Air Traffic Services Provider. Standard Operating Procedures, means standard manual for operating procedures on Air Traffic Service Provider.

172.015

Air Traffic Service provider An ATS provider is a legal body approved, under this CASR to provide the air traffic services.

172.020

Providing air traffic service without approval (1). A legal body that is not an ATS provider shall not admissible to provide an air traffic service. (2). An offence acts against subregulation (1) is an offence of strict liability.

172.022

Issue of Manual of Standards (MOS) (1). DGCA must issue a Manual of Standards for this Part that provides an air traffic service for the following matters: (a) (b) (c) (d)

Standard for procedures, systems and documents used to provide an air traffic services; Standard for facilities and equipments used to provide an air traffic services; Standard for the training and checking of an ATS provider’s personnel; Procedures of affectivity evaluation was in air traffic service

(2). DGCA must socializing Manual of Standards for this Part to each ATS Provider

CASR 172 – 1st Edition/November 2008

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Subpart 172.B

Approval as an ATS provider

172.024 Applicant for approval as ATS unit. Each air traffic service provider have to have certificate as according to each service unit as follows: (1). Air Traffic Control Unit : (a) ACC (Area Control Centre); (b) APP (Approach Control); (c) ADC (Aerodrome Control) (2). Communication Operation Unit : (a) (b) (c) (d) (e) (f) (g)

FIC (Flight Information Centre); FSS (Flight Service Station); AFAS (Aerodrome Flight Advisory Service); AFIS (Aerodrome Flight Information Service); Un-Attended Aerodrome (Aeronautical Mobile Service) Aeronautical Station AFS (Aeronautical Fixed Service)

(3). Aeronautical Informaton Service Unit (a) Air Traffic Service Reporting Office (b) Notam Office (4). Meteorology Office 172.025 Requirements to obtain certificate of air traffic services. Requirement to get certificate of air traffic service in accordance with subpart 172.F and must be accompanied by: (1). A copy of the applicant’s operations manual; and (2). A written statement setting out air traffic services that the applicant proposes to provide; and (3). Enough information to identify, for each air traffic service: (a) The location from which the service is proposed to be provided; and (b) Delegation of air traffic service at airspace selected by government (4). Organization structure refer to the rule at sub parts 172.C 172.030 Approval for Certificate of air traffic services Certificate of air traffic service is approved if: (1). Fulfill to Sub parts F; (2). Fulfill to sub parts 172.C ;and (3). Fulfill rule to sub parts 172.D ;or (4). Get delegation from government. CASR 172 – 1st Edition/November 2008

Page 3

172.035 Approval subject to conditions An air traffic service provider who has had certificate must provide services in accordance with required service condition. 172.040 Approval not transferable (1). An approval is not transferable. (2). For tentative regulation will be arranged at different regulation. 172.045 Certificate under Subpart 172.F The issued certificate based on subparts 172.F addressed for air traffic services provider which loading concerning: (1). The name and address of the organization and their head office ; and (2). List the air traffic services types covered by the provider’s approval; and (3). Identify, for each air traffic service: (a) The location from which the service will be provided; and (b) Delegation of air traffic service at airspace selected by government 172.050 How long approval remains in force Certificate of air traffic service provider, will be valid commenced the date of specified during provide service certificate can be suspended or canceled pursuant to sub parts 172.F 172.055

Variation of approvals (1). If air traffic service provider wishes change that must forward the request at DGCA, in accordance with sub units 172.F (2). The application must contain the proposed changes (3). DGCA have authority to change the type of air traffic service which have been provided by air traffic services provider which have owned certificate based on submitted application forwarded refer to sub units 172.F,

Subpart 172.C

Obligation of air traffic services provider.

Division 172.C.1 Operations manual 172.060

Operations manual (1). Air traffic service provider must maintain operation guidance pursuant to manual operating standard (MOS) according to PKPS sub parts 172.022.

CASR 172 – 1st Edition/November 2008

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(2). The Air traffic Services provider: (a) (b)

Have to have standard operating procedure (SOP) to take easy to be understood for the readness; and Personnel of air traffic service must comprehends standard operating procedure (SOP) in their getting tasks done and function

(3). The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form. (4). Have to conduct completion SOP bases instruction from DGCA according to CASR sub parts 172.300 (5). Completion of SOP of item 3 and 4 have to: (a) input into the operating manual as un separated amendment of SOP (b) report the amendment to DGCA Division 172.C.2 Air traffic service 172.065 Standards for air traffic service (1). Air traffic services provider have to provide services according to specified SOP (2). Air traffic services provider can digress from rule if in an imminent danger condition, or other situation which need deviation action to guarantee safety of air transport (3). Air traffic services provider have to immediately report deviation as such mentioned item ( 2) to DGCA and submit information how long about the deviation will be terminated. 172.070 Aeronautical telecommunications procedures An ATS provider must ensure that any air traffic service that it provides is provided in accordance with: (1). the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and (2). the procedures for aeronautical telecommunications set out in Volume II of Annex 10, 172.075 Requirement for ATS Provider should be ensure to implementation of ICAO Doc. 4444 and ICAO Doc. 7030 (1). Executing Procedure Air traffic arranged in CASR 175 along with Mos. (2). Air traffic services provider have to ensure air traffic services provided in accordance with regulation and procedure which arranged in stipulated subpart of CASR 172.022. (3). Procedure of additional Regional as mentioned at item 1 have to guarantee services provided by air traffic services provider CASR 172 – 1st Edition/November 2008

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(4). Air traffic service can deviate from procedure or regulation as mentioned at item (1) and (2), if in imminent danger or other situation networked action to guarantee flight safety (5). As soon as possible ATS provider have to reports deviation as item(3) to DGCA and submit information how long predicts the deviation will be terminated 172.080 Compliance with provider’s operations manual air traffic service. Provider must provide air traffic service in accordance with operating manuals of the air traffic services 172.085 Priority of standards Air traffic service provider must ensure the guarantee of air traffic service pursuant to existing at Standard Manual (MOS) and provisions in annex 11. 172.090 Priority of inconsistent procedures (1). Standard operating procedure is regulation (2). If available there are 2 or more procedures which are not appropriate with the real condition, air traffic service provider have to use procedure owning highest priority. (3). For this regulation, 2 or more procedures are inconsistent if: (a) (b)

it is not possible to comply with both or all of the procedures; or They require the same, or substantially similar, action to be taken at different times or in a different way.

(4). The order of priority of a procedure is as follows (starting with those of highest priority): (a) (b) (c) (d) (e) (f) (g) (h)

Division 172.C.3

Standard Operating procedure Manual of Air traffic services Manual of Standard Procedure at AIP Procedure for aeronautical telecommunications at Annex 10 Volumes II Procedure in Document 7030 ICAOs Procedure in Document 4444 ICAOs Government ordinance about national aviation

Standards for facilities and equipment

172.095 Facilities and equipment (1). Air traffic service provider have to ensure the guarantee of equipments and facilities for air traffic service can be used by personnel in accordance with manual of standard.

CASR 172 – 1st Edition/November 2008

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(2). Equipments must be standardized in accordance with the equipment type that measurement available at manual of standard. (3). Equipments and facilities used by air traffic services provider in accordance with chapter 6 annexes 11 (4). Air traffic services provider used control tower, have to ensure the guarantee of control tower building is designed, allocated, built, equipped and maintained in accordance with manual of standard Division 172.C.4 Organization and personnel 172.100 Training Air traffic service provider must have quantities of trained personnel and fulfill requirement in training program and checking in accordance with sub parts 172.140 172.105 Organization Air traffic service provider must keep organization in accordance with type and management structure effective to be able to provided air traffic service pursuant to arrangement in MOS and in Annex 11 172.110 Personnel Air traffic service provider must have enough personnel quantities and qualification and training were suitable with their duty and function in provided air traffic service pursuant to arrangement in MOS and in Annex 11 172.115 Supervisory personnel Air traffic service provider have to have standards of quantities personnel and qualification and training to supervise personnel who was getting tasks of giving air traffic services. 172.120 Qualifications for certain personnel (1). Personnel of air traffic service is differentiated their infroma based on status of air region : (a)

Flight Information Service Officer had infroma served air traffic outside controlled air region (un-controlled airspace)

(b)

Air traffic controller had infroma served air traffic in controlled air region (controlled airspace)

(2). Units those served air traffic outside controlled air region (uncontrolled airspace) shall not give the responsibility to someone handling air traffic service referring to air traffic service should be available unless : (a) DGCA has gave responsibility to the person for doing tasks referred in accordance with currently regulation ; or

CASR 172 – 1st Edition/November 2008

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(b) The person holded a proficiency certificate of air traffic service should have some appropriate ratings for doing tasks at unit of air traffic service where the person undertaken. (c)

The person who done tasks are given permission was by head of air traffic service unit and under personnel supervision by who holded the certificate of air traffic service with appropriate rating with appropriate rating type

(3). Units which served air traffic in controlled air region (controlled airspace) shall not gave responsibilities to any person served air traffic was referring to the present status of air traffic service unless: (a)

DGCA has gave infroma to the selected person to get the tasks done in accordance with the valid regulation ; or

(b)

The person holded the proficiency certificate of air traffic service with appropriate rating to get tasks done referred to at unit of air traffic control service where the person undertake.

(c)

The person who got the tasks done are given permission by head of air traffic control service unit and under supervision by personnel who holded the proficiency certificate of air traffic control service completed with appropriate rating refer to the service type

(4). Air traffic service provider who have responsibility in managing of personnel of aeronautical communication service shall not give duties conducted air traffic control service if the person not owned the approved proficiency certificate and rating as arranged in PKPS 62.255 (5). Air traffic service provider who have responsibility in managing of personnel of air traffic control service shall not give duties conducted aeronautical communication service if the person not owned the approved proficiency certificate and rating as arranged in PKPS 62.255

Division 172.C.5

service arrangement

172.125 Agreements with service providers (1). Service provider meant legal body which given certificate of air traffic service operation (2). Air traffic service provider have to have agreement with provider of telecommunications service or service of flight navigation, aeronautical information service, aeronautical meteorology service and SAR needed for supporting air traffic service. (3). An agreement, as intended at item (2), must be according to MOS

CASR 172 – 1st Edition/November 2008

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172.130 Agreement with aerodrome Operators (1). Air traffic service provider that provided air traffic service at air region of airport, air traffic service provider have to have agreement with airport operator cover arrangement of plane, vehicle and people in the region of airport movement. (2). Agreement as referred to item (2), must be according to MOS. 172.135 Arrangements for transfer of information (1). Unit of air traffic service must guarantee continuously to get air traffic control services and aeronautical communication services in their responsibility region, (2). Unit of air traffic service must guarantee kept performance capability for up to date information related to their air traffic service to others that their duty or function needed the above information. Division 172.C.6

Management

172.140 Training and checking program Air traffic service units must guarantee training program and checking in accordance with MOS, their personnel who done their function and duty for air traffic service is competence personnel to execute the function. 172.145 Safety management system (1). Unit of air traffic service must have and execute system of safety management covers policy, procedure, and execution required to provide air traffic services as contained in safety approval (2). System of safety management must in accordance with MOS (3). The unit of air traffic service must maintain to recheck the system of safety management and take some action which against correctional needed to ascertain operate properly. 172.150 Contingency plan (1). Unit of air traffic service must have contingency plan according to MOS and procedure in accordance with SOP with one reason is interrupted by user. (2). Plan must covers : (a) (b) (c)

Action must be taken by competence personnel given service; and Alternative priority for giving service ; and Normal operation priority for continuance service

172.155 Security program (1). Air traffic service must have and execute security program relate to designed procedure to protect personnel, and facilities and equipments as used in provided air traffic service CASR 172 – 1st Edition/November 2008

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(2). Security Program must in accordance with MOS Division 172.C.7 Materials, document, record and log book as reference 172.160 Reference materials (1)

Unit of air traffic service must haves reference materials covers: (a) (b) (c) (d) (e) (f) (g) (h)

Laws and regulations of aviation Annex 11 and Annex 10 Volumes II Document ICAO Doc.4444 Regional supplement procedure ICAO Doc.7030 AIP Related to some air traffic services provided. Book of Manual of Standard (MOS) Handbook of operation manual and standard operating procedure Job description of air traffic service personnel

(2)

Unit of air traffic service must keep reference materials for supported current information and easy got.

(3)

Personnel of air traffic service unit conducted function of air traffic service must be ready to provide an access to get the reference materials.

172.165 Documents and records (1). Unit of air traffic service must keep document and records of various kinds as determined in MOS (2). The Documents or records as a part of handbook of operation manual must be defended during handbook of operation manual have been gone into effect. (3). Unit of air traffic service must give documents and records, or copy or citation of documents and records intended when inspection by DGCA. 172.170 Document and record control system (1). Unit of air traffic service must specifies, and ran system to observe documents and records related to air traffic service cover policy and procedure to make, alter, maintain and keep that document and note. (2). System as referred to at item (1) must be accordance with MOS. (3). Documents and records must cover documents and records in accordance with sub units 172.165. 172.175 Logbooks (1). Unit of air traffic service must keep records into log book of each air traffic service in location in accordance with MOS (2). Unit of air traffic service must ascertain variated registered in manual of air traffic service CASR 172 – 1st Edition/November 2008

information

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(3). Unit of air traffic service must give log book or copy to DGCA inspectors who ran their tasks. Division 172.C.8

Notice of air traffic service

172.180 Availability of air traffic service (1). Unit of air traffic service must gives information to AIS unit in detail covers part of air region , or certain airfield part, include operation hour. (2). Unit of air traffic service must notice to AIS unit regarding change, trouble or unavailable of air traffic service.

Subpart 172.D Telling DGCA about changes of ATS 172.185 Organizational changes Unit of air traffic service must notice to DGCA by writing to change of related organization of air traffic service unit at least 14 (fourteen) day after change happen. 172.190 Discontinuing air traffic service Unit of air traffic service shall not stop air traffic service unless has been advised to DGCA at least 30 days before the action happen and agreed by DGCA.

Subpart 172.E

Miscellaneous

172.195 Air Traffic Service unit should not provide unauthorized air traffic service. Unit of air traffic service must give air traffic service according to owned certificate as regulation currently: (1). A period of valid time, and (2). Their type of service infroma

Subpart 172.F Division 172.F.1

Administration Preliminary

172.200 Applicability of this Subpart This Subpart: (1). Requirement for getting the unit certificate and operational of air traffic service that released by DGCA. (2). General requirement for permitted legal body to give certain air traffic service. CASR 172 – 1st Edition/November 2008

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Division 172.F.2

Approvals

172.205 Joint applications not permitted An appeared application made by a legal body for every approval to provide air traffic service. 172.215 Procedures application of certificate (1). Legal body must forward the written application as a unit of air traffic service. (2). Letter of intention as referred at item (1) as contain: (a) Applicant address; and (b) Name, office address and owner personnel who are the license holder of air traffic service (c) Other information networked (d) Enclosed networked document according to MOS 172.220 Proffering of application of certificate. The made Application addressed to DGCA or a premier functionary 172.225 Application for approval cancelled previously If an applicant for approval as an ATS provider has previously been approved as an ATS provider, and the approval was cancelled for a reason mentioned in regulation 172.315, the applicant must include with the application any available evidence tending to show that the applicant could now properly provide the air traffic services that it proposes to provide. 172.230 DGCA may require demonstrations of procedures or equipment (1). DGCA can ask the application to the applicant, by written, to conduct demonstration of their procedures or equipments, to evaluate applicant can properly give air traffic service. (2). The applicant must explain and execute demonstration as as mentioned at item (1). (3). Demonstration must be done under supervision by DGCA inspector. (4). Authorized DGCA asked for demonstrations as mentioned at item (1), to support certifier considered unit and operation of air traffic service 172.240 DGCA can ask applicant to do — provide more information (1). DGCA can ask the information supplement or document by written (2). Information supplement or document as mentioned at item (1) to be made consideration for approval of certificate. CASR 172 – 1st Edition/November 2008

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172.245 Statutory declarations to verify applications DGCA ask the applicant for verification the certificate of legal body establishment from the applicant

172.250 Base consideration of DGCA give certificate (1). For making Decision for an application, DGCA considers: (a) Supported data existing in the application or other document submitted; and (b) Important records concerned the applicant performance; and (c) The content of the certificate of legal body establishment, or one of delegation from applicant or according to sub parts 172.245; and (d) Demonstration for equipments and procedures which conducted by applicant according to sub parts 172.230. (2). Before consider important records concerned applicant performance as intended at item (1) (b), DGCA must notify to applicant by written regarding their job experience in part of ATS 172.255 Statutory declarations to verify statements in submissions (1). DGCA can ask applicant by written for verification statements in proposal according to sub units 172.250 (3) regarding certificate of legal body establishment (2). DGCA must refuse an application regarding a type of air traffic service at a particular air space and movement area, if has been already served by other unit of air traffic service. (3). If DGCA ask applicant for verification statements as referred to in (1), DGCA have not enable to process the application till the applicant give statements intended. 172.260 When DGCA must approve an applicant (1). To get certificate as an approved unit of air traffic service should be obliged : (a) An application has been expressed competent to be able to approved; and (b) Other supported requirement fulfilled or in relation with the applicant have fulfilled the approved standard ; and (2). DGCA can approve applicant just for some parts of air traffic service as contained at application (3). DGCA must refuse an application regarding a type of air traffic service at a particular air space and movement area, if has been already served by other unit of air traffic service. (4). DGCA can approve if the applicant fulfills certain condition for safety of flight navigation service CASR 172 – 1st Edition/November 2008

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172.265 When decision must be made (1). If DGCA have not yet make decision during time 6 month counted from time when an application was received, by automatically the application to be refused. (2). If DGCA ask as in accordance with sub parts 172.230 and 172.240, then commenced time between DGCA make request to the applicant conducts demonstration, interview, or to support information to DGCA or asked copies , excluding determined as referred at item (1) (3). If DGCA ask the certificate of legal body establishment to applicant according to sub parts 172.245 or 172.255, then time between DGCA asked the applicant to execute intended activities and till applicant deliver to DGCA, excluding that determined as referred at item (1) (4). If DGCA ask to give explanation according to sub parts 172.250 (2),then time between DGCA asked applicant to give explanation and up to the applicant gives explanation, excluding determined as referred at item (1) (5). If item (2), (3) and (4) has been fulfilled by the applicant then DGCA must give a decision of approval or refuse the intended application, furthermore will be arranged in MOS. 172.270 Notice of decision After making an application decision, DGCA must notice to the applicant by written, for immediately execute: (1). The intended decision ; and (2). If the refused decision is , then DGCA must immediately submit the refused reason the applicant — the reasons for the decision. 172.275 Certificate about approval (1). If DGCA approved the applicant as an unit of air traffic service, DGCA must publish certificate to applicant that cover: (a) The content of approval; and (b) The requirements which applicable for intended unit ; and (c) At the time go into effect, and at the time will terminate (if not quicker to delay); and (d) Other information (2). DGCA can publish certificate replacement if certificate content is not appropriate anymore.

CASR 172 – 1st Edition/November 2008

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172.280 Return of certificate if approval cancelled (1). A certificate which has been canceled, the certificate owner must immediately deliver the intended certificate to DGCA (2). Certificate owner which not execute as referred in item (1) is a violation of the law. (3). The violation of the law to item (2) should be sanctioned according to the law currently.

Division 172.F.3

Change of approvals

172.285 Applicability of this Division This part arranges various changes of certificates concerned one approval (cover add, lessen or change condition contained in certificate). 172.290 Application of change of certificate (1). Unit of air traffic service forward to DGCA for certificate change. (2). Procedures of certificate change or explanation as arranged in MOS. 172.295 DGCA’s power to vary condition of approval (1). By reason of importance of air navigation safety, DGCA can change certificate or explanation in certificate according to existing condition. (2). In certain condition, DGCA can directly specify change of certificate contained the existing condition according to regulation currently. (3). DGCA must notify by written to unit of air traffic service concerned certificate change and explanation inside. (4). If DGCA cancel certificate change, then not changed previous certificate with explanation inside

Division 172.F.4

Directions to amend provider’s operations manual

172.300 DGCA may direct amendments to provider’s operations manual (1). By reason of importance of air navigation safety, DGCA can give instruction to the unit of air traffic service by written in specified period, to revise operation service guidance for unit of air traffic service according to regulation currently. (2). DGCA can lengthen time as mentioned at item (1) above by written before or after the last of intended period.

CASR 172 – 1st Edition/November 2008

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Division 172.F.5

Suspension and cancellation of approvals

172.305 Definition for this Division The notification cause incidence of problem resulted suspension and cancellation of the certificate according to sub parts 172.320. 172.310 Suspension of approval by show cause notice (1). DGCA can state some reasons or explanations of the suspension of intended certificate. (2). If notification of cause suspension were submitted then intended certificate suspended since at the notification by written have been received by ATS provider. (3). DGCA can take back suspension any time (4). If DGCA not cancel the certificate according to sub parts 172.325, during 90 days after the reason notification or suspension explanation were received by unit of air traffic service, then suspension not applied 172.315 Grounds for cancellation of approval Certificate can be canceled if: (1). The acts against condition which determined in certificate; or (2). The contrary of aviation law or this regulation; or (3). Not fulfill requirement, or continue to fulfill requirement of this Part for getting approval; or (4). If discovered mistake result lessen service of air navigation safety 172.320 Notice to show cause cancellation of approval (1). DGCA can submit by written of cause incidence of certificate cancellation to unit of air traffic service accompanied the reasons. (2). DGCA can call and explain to unit of air traffic service during time of cancellation notification and the reason not canceled. (3). Denominating and explanation as mentioned at item (2), shall not more than 14 workdays. 172.325 Cancellation of approval after show cause notice (1). DGCA can cancel certificate of air traffic service unit if: (a) There are some evidences can constitute cancellation of certificate ; and (b) Directorate general Hubud has gave cancellation notification of certificate ; and (c) DGCA had considered the warning records in established time through notification to unit of air traffic service; and

CASR 172 – 1st Edition/November 2008

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(d) If there is no cancellation can result lessen service of air navigation safety. (2). DGCA will notify by written to unit of air traffic service, when : (a) Not cancel or cancel certificate, (b) Suspend or cancel the suspension of certificate

172.327 Cancellation if cooperation or arrangement ceases (1). DGCA cancel the given certificate. (2). Cancellation Procedures as referred in item (1) arranged in MOS. 172.330 Cancellation on request of ATS provider (1). DGCA cancel certificate according to the proposed request by written. (2). Before certificate cancellation published, unit of air traffic service should return the authority of the intended services to DGCA (3). Cancellation procedures of certificate arranged in MOS.

CASR 172 – 1st Edition/November 2008

as referred in item (1)

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