The reporter has raised the following safety concerns in relation to the identified deficiencies in Civil Aviation Safety Regulations (CASR) Part 171 (Aeronautical Telecommunication and Radio Navigation Services) and Part 172 (Air Traffic Service) Manuals of Standards (MOS).
- CASR Parts 171 and 172 MOS and regulations do not articulate requirements to define an accountable manager as a key person who has corporate authority to ensure that all activities and services provided can be financed and carried out to the standard required by the organisation's operations manual. This includes ensuring that the organisation is able to finance, and has adequate resources available to enable it to provide services in accordance with its operations manual, and that all necessary resources are available to carry out services in accordance with the regulations, establishing and promoting the safety and quality management policies of the organisation, have and maintain an understanding of the MOS and the organisation's operations manual and associated procedures and to ensure that the organisation complies with its operations manual, in accordance with its operating certificate.
- CASR Parts 171 and 172 MOS do not articulate that the organisation must nominate one or more individuals as responsible managers (Head of ATC Operations, Head of ATC Training and Checking, Head of Design and Head of Maintenance) as a key person to be responsible to the accountable manager. Furthermore, it does not require the nominated individual’s qualifications be submitted to CASA in a form and manner approved by CASA. Also, the individual must demonstrate to CASA knowledge of, and experience relevant to, the provision of the services for which they are to be responsible. Additionally, a working knowledge of the MOS which results in a responsible manager ensuring that, for their area of responsibility, the organisation complies with the requirements of the MOS and its exposition.
- CASR Part 171 MOS does not articulate that the organisation must list ATC System Review employees to carry out ATC Certified System reviews and periodically issue review compliance certificates against certified design basis.
- CASR Part 171 MOS does not articulate that the organisation must list Maintenance Program employees to approve maintenance programs, or variations to an approved maintenance program.
- CASR Parts 171 and 172 MOS do not articulate that the accountable manager must nominate one or more individuals for the position of Quality Manager as a key person who must have a direct line of corporate accountability to the accountable manager. Also ensures that the accountable manager is kept properly informed on quality and compliance matters and have the responsibility for monitoring the organisation's quality system and has the responsibility and authority for issuing and revoking maintenance certification authorisations on behalf of the organisation. Additionally, that the Quality Manager may nominate other persons to carry out this function in accordance with a procedure specified in the organisation's operations manual.
- CASR Parts 171 and 172 MOS do not articulate that the accountable manager must nominate one or more individual or individuals for the position of Safety Manager as a key person who must have a direct line of corporate accountability to the accountable manager and ensures that the accountable manager is kept properly informed on safety matters and has the responsibility for monitoring the organisation's safety system.
The reporter provided the following example: CASA presently uses a Form 4 as a mechanism for key personnel approval under Parts 21, 42, 119 and 145 in the context of Aircraft Operations and Airworthiness which could be used as an analogue for ATC Operations and Ground Based Equipment design and maintenance.
Thank you for the opportunity to review this REPCON. CASA’s response is as follows:
Part 172 (Air Traffic Service Providers) of the Civil Aviation Safety Regulations (CASR) sets out requirements for organisations providing air traffic services for civil aviation, while Part 171 (Aeronautical telecommunication service and radio navigation service providers) regulates the communication, navigation, surveillance and air traffic management systems used to provide air traffic services.
Airservices Australia is the only organisation approved under Parts 172 and 171 of CASR.
The confidential report states that the regulations do not require organisations to nominate a manager accountable for ensuring regulated services are provided in accordance with the organisation’s operations manual. It also states that the regulations do not require organisations to nominate responsible managers, nor does it require these positions to be approved by CASA. It goes on to list other matters that they consider should be included in the regulations and suggests requirements in other Parts of the CASR which address some of these matters should be applied to Parts 172 and 171.
Parts 172 and 171 of CASR are currently being reviewed. Proposed amendments to Part 172 of CASR were made available for public consultation in June 2022. Some of the matters raised in the confidential report were mentioned in the consultation papers. These matters will be considered as part of the review process for Parts 172 and 171 of the CASR.
It should be noted that under the existing Part 172 and 171 regulations, a service provider’s operations manual is subject to approval by CASA. Service providers are required to operate in accordance with their operations manual and safety management system, and CASA conducts regular audits to determine if this is the case.
CASA thanks the reporter for the REPCON and will consider the matters raised during the review of the applicable regulations. CASA would be appreciative if the reporter was advised that suggestions for amendments to the rules are welcomed via CASA’s ‘Improve Rules’ mailbox at improverules@casa.gov.au